HomeMy WebLinkAbout091499 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
SEPTEMBER 14, 1999
CLOSED SESSION
A meeting of the City of Temecula City Council was called to order at 6:30 P.M., in the Main
Conference Room. It was duly moved and seconded to adjourn to Closed Session pursuant to
Government Code Sections:
Conference with real property negotiator pursuant to Government Code Session
54956.8 concerning the acquisition of real property located at 42291 Sixth Street (APN
922-051-011). The negotiating parties are the Redevelopment Agency of the City of
Temecula and Mr. Ciais. Under negotiation are the pdce and terms of payment of the
real property interests proposed to be acquired. The Agency negotiators are Shawn
Nelson, James O'Grady, and John Meyer.
Conference with City Attorney and legal counsel pursuant to Government Code Section
54956.9(b) with respect to one matter of potential litigation. With respect to this matter,
the City Attorney has determined that a point has been reached where there is a
significant exposure to litigation involving the City based on existing facts and
circumstances.
The Open Session of the City Council meeting convened at 7:00 P.M.
Present:
Councilmembers:
Comerchero, Lindemans, Roberts, Stone,
and Ford.
Absent: Councilmember: None.
PRELUDE MUSIC
The prelude music was provided by Inland Valley Youth Symphony directed by Dr. Seymour
Rubenstein.
INVOCATION
The invocation was given by Rabbi Yitzchok Hurwitz of Chabad of Temecula Valley.
ALLEGIANCE
The audience was led in the Flag salute by Mayor Pro Tem Stone.
PRESENTATIONS/PROCLAMATIONS
Introduction of the Voorbur.a Banker DeleGation
Mayor Ford introduced the Voorburg Banker delegates who, in turn, expressed their appreciation to
the City and the host families for having had the opportunity to visit the City of Temecula.
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RecoQnition of Officer Pino
As the City's first motorcycle officer, Mayor Ford presented to Senior Officer Pino a Certificate of
Appreciation for his contributions to traffic safety, public education, and dedicated service.
Presentation of the Good Samaritan Award
Commending Mr. and Mrs. Summers on their good deed act, Mayor Ford presented to them a
Certificate of Appreciation.
Certificate of Achievement for Eagle Scout
Mayor Ford presented to Jay Skeeter Bowman's father the Certificate of Achievement.
F.A.S.T. Presentation
County Fire Chief Wright reviewed the City's newest public safety program, a program created
to enhance the City's emergency medical service delivery to the community, noting that the
City's innovative approach has created a pilot program which is being explored by another fire
service agency as well as another contract City within the County. Fire Chief Wdght
acknowledged and thanked Mayor Ford and Mayor Pro Tern Stone, who served on the
Subcommittee that explored this program, County staff, and City staff for their support and
devotion to ensuring the fruition of this very effective public safety program.
In closing, Mr. Wdght introduced to the City its newest Paramedics Medic Squad No. 84.
On behalf of the Subcommittee and the City Council, Mayor Pro Tem Stone thanked Fire Chief
Wright for his professional assistance in creating this program for the City and welcomed the
City's new Fire personnel to the City of Temecula.
In an effort to stay on the cutting edge of technology with regard to public safety, Mayor Ford
commented on current discussions as to the installation of a transmitter in each ambulance unit
and, thereby, dispatching the unit which is located closest to the call of emergency.
PUBLIC COMMENTS
A. On behalf of the Musicians Workshop and the Board of Directors, Mr. Jon Laskin,
representing the Musicians Workshop, thanked the City Council for its continued support.
B. With regard to a traffic concem on Via Cordoba (previously discussed at the August 24,
1999, City Council meeting), Mr. Sam Pratt, 40470 Brixton Cove, relayed his support of the
installation of traffic circles.
C. Commending the City on several City infrastructure improvements, Mr. John Dedovesh,
39450 Long Ridge, continued to express a concern at the intersection of Winchester and
Margarita Roads and suggested that staff explore the changing of signalization movements as
well as turn movements.
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CITY COUNCIL REPORTS
A. Councilman Roberts advised that he had attended the California League of Cities
Public Safety Policy Committee meeting, noting that a topic of discussion included continuing
State-wide concerns with AMR.
B. Councilman Roberts noted that he has been appointed as Chairman of the Operations
Committee of the Southem Califomia Regional Rail Authority (SCRRA).
C. Having attended the California League of Cities meeting, Mayor Pro Tem Stone
commented on a presentation with regard to the Domenigoni Reservoir, advising that filling of
the reservoir will begin the end of this year and that the reservoir should be fully filled by 2003-
04. Mr. Stone as well commented on the Study Center which is being constructed at the
Reservoir.
D. Having attended a Higher Education Meeting, Mayor Ford relayed this committee's
ultimate goal to provide a permanent campus in the City and advised that other alternatives
such as a satellite campus tied into San Marcos, extension classes, and the Intemet are being
explored.
CONSENTCALENDAR
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 June 29, 1999;
2.2 Approve the minutes of July 13, 1999;
2.3 Approve the minutes of July 27, 1999.
3
Resolution Approvin.cl List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO, 99-87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
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4 City Treasurers Report as of July 31, 1999
RECOMMENDATION:
4.1 Receive and file the City Treasurer's Report as of July 31, 1999.
5 Financial Statements for the Year ended June 30, 1999
RECOMMENDATION:
5.1 Receive and file the Financial Statements for the Year ended June 30, 1999.
6 Purchase of Three (3) City Vehicles (TCSD, Building and Safety, and Fire)
RECOM MEN PATION:
6.1 Approve the purchase of three (3) Ford model year 2000 vehicles from Villa Ford for
the total amount of $63,578.25.
Finance Director Roberrs, for Mayor Pro Tem Stone, noted that the contract was
awarded to a Ford dealership outside of the City and that staff had confirmed to
ensure that Rancho Ford had received the invite to bid.
7 Support for Senate Bill 3 (Rainev) - Libran/Construction Bond
RECOMMENDATION:
7.1 Adopt a resolution entitled:
RESOLUTION NO. 99-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING SENATE BILL 3 (RAINEY)
ADDRESSING THE ISSUANCE OF LIBRARY CONSTRUCTION
BONDS FOR CALIFORNIA LIBRARIES
Pulled for separate discussion; see page 8.
8 Approval of Funds for Landscape Review Services
RECOMMENDATION:
8.1 Approve an expenditure in an amount not to exceed $105,000 for landscape review
services with PELA.
9 Development Impact Fee AGreement with Woodside Homes - Lon.cl Canyon Creek
Park/Tract 28510-1 (Campos Verdes Specific Plan)
RECOMMENDATION:
9.1 Approve the Development Impact Fee Agreement between the City of Temecula
and Woodside Homes to establish preliminary fee credits in the amount of $358,530
for the construction of Long Canyon Creek Park, Lot 81 of Tract No. 28510-1.
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10 Completion and Acceptance for the Median Islands on Winchester Road west of Jefferson
Avenue - Project No. PW97-21
RECOMMENDATION:
10.1 Accept the project Median Islands on Winchester Road west of Jefferson Avenue -
Project No. PW97-21 as complete;
10.2 File a Notice of Completion, release the Performance Bond, and accept a six-
months (6) Maintenance Bond in the amount of 10% of the contract;
10.3 Release the Materials and Labor Bond seven (7) months after filing the Notice of
Completion if no liens have been filed.
11 Completion and Acceptance for the I-15 Southbound Off-Ramp Widening at Winchester
Road - Project No. PW97-03
RECOMMENDATION:
11.1 Accept the project for the I-15 Southbound Off-Ramp Widening at Winchester Road
- Project No. PW97-03 as complete;
11.2 File a Notice of Completion, release the Performance Bond, and accept a one-year
(1) Maintenance Bond in the amount of 10% of the contract;
11.3 Release the Materials and Labor Bond seven (7) months after filing the Notice of
Completion if no liens have been filed.
12 Acceptance of Park Landscape Bonds and AGreement for Tract No. 28510-1 -Woodside
Chantemar, Inc. - North General Keamey Road at MarGarita Road)
RECOMMENDATION:
12.1 Accept the agreement and surety bonds from Woodside Chantemar, Inc. to improve
the park site within Tract No. 28510-1.
13 Tract Map No. 24183-1 (located north of Campanula Way, east of Meadows Parkway, west
of Butterfield Sta¢le Road, and south of DePortola Road and within Paloma Del Sol
Specific Plan No. 219)
RECOMM EN DATION:
13.1 Approve Tract Map No. 24183-1 in conformance with the Conditions of Approval;
13.2 Approve the Subdivision Improvement Agreement;
13.3 Approve the Subdivision Monument Agreement and accept the Faithful
Performance Bond, Labor and Matedal Bond and Monument Bond as secudty for
the agreements.
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14 Tract MaD No. 24183 (located north of CamDanula Way, east of Meadows Parkway, wast of
Butterfield Sta.qe Road, and south of De Portola Road and within Paloma Del Sol Specific
Plan No. 219)
RECOMMENDATION:
14.1 Approve Tract Map No. 24183 in conformance with the Conditions of Approval;
14.2 Approve the Subdivision Improvement Agreement;
14.3
Approve the Subdivision Monument Agreement and accept the Faithful
Performance Bond, Labor and Matedal Bond and Monument Bond as secudty for
the agreements.
15 Release Faithful Performance Warranty Secudtv for Public Improvements in Parcel Map No.
24085-3 (located northwesterly of the intersection of Diaz Road and Zevo Drive - Avenida
de Ventas)
RECOMMENDATION:
15.1 Authorize release of the Faithful Performance Warranty security for Public
Improvements in Parcel Map No. 24085-3;
15.2 Direct the City Clerk to so advise the developer and surety.
16 Release Faithful Performance Warranty Secudtv for Public Improvements in Parcel MaD No.
24085-F (located northwesterly of the intersection of Diaz Road and Zevo Ddve {'formerly
Avenida de Ventas)
RECOMMENDATION:
16.1 Authorize release of the Faithful Performance Warranty Secudty for the public
improvements in Parcel Map No. 24085-F;
16.2 Direct the City Clerk to so advise the developer and surety.
17 Release Faithful Performance Warranty Secudtv in Parcel Map 27714 (located at the east
side of Ynez Road between Solana Way and Rancho California Road)
RECOMMENDATION:
17.1 Authorize release of the Faithful Performance Warranty Security in Parcel Map No.
27714;
17.2 Direct the City Clerk to so notify the developer and surety.
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18 Release Securities for Faithful Performance Warranty for Public Improvements and Traffic
Si.Qnalization MitiQation fees in Tract No. 21818 (located westedy of the intersection of Via
Norte at Kahwea Road)
RECOMMENDATION:
18.1 Authorize release of the Securities for the Faithful Performance Warranty for the
Public Improvements in Tract No. 21818;
18.2 Direct the City Clerk to so advise the developer and surety.
19 Approval of an Additional Expenditure for FY98-99 Street Stdoin.cl Contract - Pacific
Stdpin.cl, Inc.
RECOMMENDATION:
19.1 Approve the additional expenditure to FY98-99 contract with Pacific Striping, Inc.
increasing the contract amount by $17,815.00.
20 Award of Construction Contract for the Traffic Si,clnal and Median Modification at Rancho
California Road and Town Center Drive - Project No. PVV99-09
RECOMM EN DATION:
20.1
Award a contract for the Traffic Signal and Median Modification at Rancho Califomia
Road and Town Center Ddve - Project No. PW99-09 - to DBX, Inc. for $47,740.00
and authorize the Mayor to execute the contract;
20.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $4,774.00, which is equal to 10% of the contract amount.
21 SupersedinCl Freeway AGreement for State Hi.Qhwav Route 15 within the City of Temecula
RECOMMENDATION:
21.1 Adopt a resolution entitled:
RESOLUTION NO. 99-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A SUPERSEDING FREEWAY
AGREEMENT BETWEEN THE STATE OF CALIFORNIA
ACTING BY AND THROUGH THE DEPARTMENT OF
TRANSPORTATION (STATE) AND THE CITY OF TEMECULA
DECLARING THAT CERTAIN SECTION OF STATE HIGHWAY
ROUTE 15 BETWEEN THE SOUTH TEMECULA CITY LIMIT
AND THE NORTH TEMECULA CITY LIMIT TO BE A FREEWAY
21.2
Approve an Agreement declaring that certain section of State Highway Route 15
between the Southern and Northern Temecula City limits to be a freeway with the
State of California Department of Transportation (State) and authorize the Mayor to
execute the Amendment.
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MOTION: Councilman Lindemans moved to approve Consent Calendar Item Nos. 1-6 and 8-21
(Item No. 7 was pulled for separate discussion). The motion was seconded by Mayor Pro Tern
Stone and voice vote reflected unanimous approval.
Consent Calendar Item considered under separate discussion
7 Support for Senate Bill 3 (Rainev) - Libran/Construction Bond
RECOMMENDATION:
7.1 Adopt a resolution entitled:
RESOLUTION NO. 99-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING SENATE BILL 3 (RAINEY)
ADDRESSING THE ISSUANCE OF LIBRARY CONSTRUCTION
BONDS FOR CALIFORNIA LIBRARIES
Assistant City Manager O'Grady provided the staff report (as per agenda material), noting that
this resolution, if approved, would be directed to the Governor urging his signature. Advising
that both the Senate and the Assembly have passed SB 3, Mr. O'Grady noted that the overall
funding of this measure was reduced from a $1 billion bond issue to a $350 million bond issue
and that the date of voter consideration on this issue has been advanced from November 2000
to March 2000. In light of the date change, Mr. O'Grady requested that, if the City Council
were to approve this resolution, it be amended to accurately reflect this change.
MOTION: Councilman Roberts moved to adopt the resolution as amended. The motion was
seconded by Councilman Comerchero and voice vote reflected unanimous approval.
At 7:43 P.M., the City Council convened as the Temecula Community Services Distdct and the
Temecula Redevelopment Agency. At 8:21 P.M., the City Council resumed with regularly
scheduled City Council business.
Reconvened to regular acienda order
PUBLIC HEARING
22 Development Code Amendment ('Plannin.Q Application No. PA99-0197)
RECOMMENDATION:
22.1 Approve the Negative Declaration for Planning Application No. PA99-0197;
22.2 Introduce and read by title only an ordinance entitled:
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ORDINANCE NO. 99-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE SEVERAL CHAPTERS OF TITLE
17 TO RE-CATEGORIZE TEMPORARY USES, AMEND YARD
AND SETBACK REQUIREMENTS FOR ACCESSORY
STRUCTURES IN RESIDENTIAL ZONES, CLARIFY FLOOR
AREA RATIO BONUS PROVISIONS, AND MAKE NUMEROUS
MINOR MODIFICATIONS TO TITLE 17 OF THE TEMECULA
MUNICIPAL CODE (PLANNING APPLICATION NO. PA99-0197)
Deputy City Manager Thornhill reviewed the staff report (of record), reviewing the proposed
changes, clarifying allowable density bonus as per the State (30 units per acre), and advising
that the densities for affordable housing listed in the Code accurately reflect the maximum
allowable densities.
Mayor Ford opened the public headng. With there being no public input, the public headng was
closed.
City Attorney Thorson introduced Ordinance No. 99-24 by reading its title into the record. Mr.
Thorson also provided clarification with regard to Section 17.16.070 of the Ordinance and noted
that Mayor Ford would not have to abstain with regard to this item, advising the introduction of
this Ordinance would only place Redhawk and Vail Ranch on this list in the event annexation
were approved and because official approval occurred at a previous City Council meeting.
MOTION: Mayor Pro Tem Stone moved to approve staff recommendation. The motion was
seconded by Councilman Comerchero and voice vote reflected unanimous approval.
23 General Plan Land Use Amendment No. 3 (Planning Application No. PA99-0291 )
RECOMMENDATION:
23.1 Approve the Negative Declaration for Planning Application No. PA99-0291;
23.2 Adopt a resolution entitled:
RESOLUTION NO. 99-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE GENERAL PLAN LAND USE
MAP FOR VARIOUS AREAS THROUGHOUT THE CITY
KNOWN AS ASSESSOR'S PARCEL NOS. 921-660-026, 921-
660-027, 921-660-041, AND 921-660-042 (PLANNING
APPLICATION NO. PA99-0291 )
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23.3 Introduce and mad by title only an ordinance entitled:
ORDINANCE NO. 99-25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE ZONING MAP OF THE CITY OF
TEMECULA FOR THE AREAS KNOWN AS ASSESSOR'S
PARCEL NOS. 921-660-026, 921-660-027, 921-660-041, 921-
660-042, AND 950-120-004 (PLANNING APPLICATION NO.
PA99-0291 )
Councilman Comerchero abstained with regard to this item.
By way of maps, Deputy City Manager Thornhill reviewed the staff report (of record) and noted
the Councilman Roberts' request for a trail dedication with permanent access would be
acceptable and that the project could be conditioned as such.
Councilman Roberts further elaborated on his request for a trail dedication along the riverbank
with permanent access.
Concurring with Deputy City Manager Thomhill's suggestion, City Attorney Thorson suggested
that a portion of the Open Space-Conservation be retained as such and not converted to the
Professional Office Zone with access and that a particular portion could then be retained for
future trail dedication.
Mayor Ford suggested a 40' strip along the southerly edge of the area of discussion.
At this time, Mayor Ford opened the public hearing.
Mr. Larry Markham, 41750 Winchester Road, noted that there currently is an existing access
road with a turn around at the top of the channel.
At this time, Mayor Ford closed the public hearing.
City Attorney Thorson introduced Ordinance No. 99-25 by reading its title into the record.
MOTION: Councilman Lindemans moved to approve staff recommendation with the
amendment of adding a 40' open space, improveable area at the southerly end of the property.
The motion was seconded by Mayor Pro Tern Stone and voice vote reflected approval with the
exception of Councilman Comerchero who abstained.
24 An Appeal of the Planning Commission's decision to deny Planning Application No. PA99-
0236, Development Plan Revision to reconfi.clure a part of the Winchester Meadows
Shopping Center, and Planning Application No. PA99-0012, a Conditional Use Permit to
build and operate a 5,310 square foot Winston Tire Store (located at the northwest comer
of Mar.cladta Road and Winchester Road
RECOMMENDATION:
24.1 Adopt a resolution entitled:
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RESOLUTION NO. 99-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA99-0236 A DEVELOPMENT PLAN REVISION PROPOSAL
TO RECONFIGURE A PORTION OF THE WINCHESTER
MEADOWS SHOPPING CENTER BY INCORPORATING AN
ABANDON WELL SITE AND RELOCATING AND ENLARGING
TWO UNDEVELOPED PAD SITES ON .7 OF AN ACRE;
LOCATED ON THE NORTHWEST CORNER OF MARGARITA
ROAD AND WINCHESTER ROAD, KNOWN AS ASSESSOR'S
PARCELS NO. 911-170-091 AND 911-170-098 AND AS
PARCEL 4 OF PARCEL MAP 28934
24.2 Adopt a resolution entitled:
RESOLUTION NO. 99-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA99-0012 A DEVELOPMENT PLAN FOR THE DESIGN,
CONSTRUCTION OF A 5,310 SQUARE FOOT COMMERCIAL
BUILDING ON L7 OF AN ACRE AND A CONDITIONAL USE
PERMIT FOR THE OPERATION OF AN AUTOMOTIVE TIRE
AND SERVICE STORE LOCATED ON THE NORTHWEST
CORNER OF MARGARITA ROAD AND WINCHESTER ROAD,
KNOWN AS ASSESSOR'S PARCELS NO. 911-170-091 AND
911-170-098 AND AS PARCEL 4 OF PARCEL MAP 28934
Advising that the applicant had to amend the underlying Development Plan in order to move this
project forward, Deputy City Manager Thomhill presented staff report (as per agenda material).
For Councilman Roberts, Mr. Mathewson (Planning Commissioner) clarified the Planning
Commission's primary concem with regard to this item as it relates to compatibility of the
proposed use with the adjacent land uses in the shopping center.
Discussion ensued with regard to size of the parcel of discussion, visibility and location of the
bays, and compatibility.
By way of plans, Mr. John Hausler, representing Winston Tire, clarified the reasoning for
relocating to this location and relayed no opposition to constructing a L-Shaped building and,
thereby, limiting the visibility of the bays from Winchester Road, as long as such reconfiguration
of the building would be possible.
Mr. Bob Caham, owner and developer of the shopping center, voiced no objection to
constructing a L-shaped building as long as such reconfiguration is feasible and necessary
parking requirements are still met. Mr. Caham as well voiced no opposition to installing
enhanced landscaping to further screen the bays.
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Mr. Tom Davis, architect for the project, commented on parking requirements and noted that a
L-shaped building on this particular site may not be feasible.
Mayor Pro Tern Stone noted that a L-shaped building may limit the number of bays and,
therefore, would decrease the viability of this business.
At this time, Mayor Ford closed the public headng.
MOTION: Councilman Lindemans moved to adopt Resolution No. 99-91 and Resolution No.
99-92 with the addition of providing additional screening. The motion was seconded by
Councilman Comerchero and voice vote reflected unanimous approval.
COUNCIL BUSINESS
25 Consideration of the Temecula Valley Balloon and Wine Festival SDonsorshiD ReQuest
RECOMMENDATION:
25.1 Review and approve the funding for the Temecula Valley Balloon and Wine Festival
in the amount of $30,000;
25.2 Approve the sponsorship agreement with the Temecula Valley Balloon and Wine
Festival organization and authorize the Mayor to execute the agreement.
Mayor Ford abstained with regard to this item.
Assistant City Manager O'Grady presented the staff report (as per agenda material).
MOTION: Councilman Lindemans moved to approve the staff recommendation. The motion
was seconded by Councilman Comerchero and voice vote reflected approval with the exception
of Mayor Ford who abstained.
26 Murdeta Creek - Arundo and Tamadsk Eradication
RECOMMENDATION:
26.1
Provide direction to staff to work with the appropriate public agencies to develop a
plan to eradicate Arundo and Tamadsk growth in Murrieta Creek from Cherry Street
at the northern City limit to Temecula Creek at the southern City limit in exchange
for habitat mitigation credits;
26.2 Approve a general eradication program to include an initial eradication effort and 3
to 5 years of follow-up maintenance to start in fiscal year 2000.
Public Works Director Hughes reviewed the staff report (of record).
MOTION: Councilman Roberts moved to approve the staff recommendation. The motion was
seconded by Councilman Comerchero and voice vote reflected unanimous approval.
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CITY MANAGER'S REPORT
City Manager Nelson advised of upcoming infrastructure improvements on I-15 Freeway in
anticipation of completing all necessary work prior to the opening of the Mall.
CITY ATTORNEY'S REPORT
With regard to acquisition of real property, City Attomey Thorson noted that direction was given
to staff and that final approval of be taken in open session at a future date. With regard to
potential litigation, Mr. Thorson advised that directing was provided by the City Council.
ADJOURNMENT
At 9:09 P.M., the City Council meeting was formally adjourned to Tuesday, September 28,
1999, at 7:00 P.M., City Council Chambers, 43200 te~e J. For~d,a
Business Park Drive emecula, California.
n yor
ATTEST:
Susan W. Jone , CMC/AAE
[SEAL]
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