Loading...
HomeMy WebLinkAbout070996 CC Minutes MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD JULY 9, 1996 EXECUTIVE SESSIOU A meeting of the City of Temecula City Council was called to order at 5:40 PM, with Councilmember Stone absent. It was duly moved by Mayor Pro Tem Birdsall, seconded by Councilmember Stone to adjourn to Executive Session at 5:40 PM, pursuant to Government Code Sections: 1. 54956.8, Conference with Real Property Negotiator, Property: 4191 5 Business Park Drive; Negotiating Parties: Redevelopment Agency of the City of Temecula and International Rectifier. Under negotiation: Terms and conditions of an Owner-Participation Agreement. 2. 54956.8, Conference with Real Property Negotiator, Property: 27600 Jefferson Avenue; Negotiating Parties: Norm Reeves Super Group and the Redevelopment Agency of the City of Temecula; Under negotiation: consideration of lease terms. 3.54956.9(a), Existing Litigation, Lockheed v. RCHCA, City of Temecula. 4.54956.8, Conference with Real Property Negotiator, concerning negotiation of price and terms of payment for real property: a. Approximately 275 feet west of Front Street, Temecula, CA, (APN 922-110-032); negotiating parties: City of Temecula and Electrend Inc. b.West side of Front Street, west of Interstate 15, Temecula (APN 922-110-005); negotiating parties:City of Temecula and Margarita Canyon LLC. c. West side of Front Street, at intersection of Interstate 1 5, Temecula (APN 922-110-047); negotiation parties: City of Temecula and Margarita Canyon LLC. d. South side of Rancho California Road, West of Kathleen Way, Temecula (APN 940-310- 014); negotiating parties: City of Temecula and Kennedy, Brian & Drake. e. South side of Rancho California Road, west of Kathleen Way, Unincorporated Riverside County (APN 940-030-003); negotiating parties: City of Temecula and Barragan. 5. 54956.9(c), two matters concerning whether to participate in litigation. The motion was unanimously carried with Councilmember stone absent. A regular meeting of the Temecula City Council was called to order at 7:03 PM at the Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor Lindemans presiding. Minutes\070996 -1- 08/14/96 Coty Counc*l Minutes July 9. 1996 PRESENT 4 COUNCILMEMBERS: Birdsall, Ford, Roberts, Lindemans ABSENT: 1 COUNCILMEMBERS: Stone Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. PRELUDE MUSIC The prelude and intermission music was provided by Miss Vivian Tang. INVOCA@ The invocation was given by Reverend Lyle Peter, Hope Lutheran Church. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Ford. PRESENTATIONSIPROCLAMATlaa Ric Stephens, Section Director of the Inland Empire Section of the American Planning Association, presented Community Development Director Gary Thornhill with The Robert Street Memorial Award. He explained this award is given once a year to the outstanding planner for the Inland Empire. Community Development Director Thornhill thanked Mr. Stephens for this award, and said it was made possible by having a supportive City Council and City Manager. CITY ATTORNEY REPORT City Attorney Thorson stated that in accordance with the Brown Act, the only report from closed session concerned Item No. 4. He reported that the City Council confirmed the fair market values on all properties except 4(b), and authorized staff to proceed with offers on those properties. PUBLIC COMMENTS Mayor Lindemans asked Councilmember Roberts to give a brief report on the unauthorized grading that occurred on Margarita and Pauba. Councilmember Roberts gave an overview of the meeting of 12/19/95 on the Draft Development Code, at which the zoning at Margarita and Pauba was discussed. He stated that the contractor did not have a grading permit and proceeded to grade the site without Minutes\070996 -2- 08/14/96 Cwtv Counc*l Minutes July 9. 1996 authorization. He said as soon as he and the Public Work's Department was informed, the grading was immediately stopped. He reported that the City Manager received a letter from the contractor stating they were clearing brush, but stated this did not explain the extent of grading that was done. He further reported the City Council is deeply concerned about what has happened and will make sure it does not occur again. He reported the contractor has been required to remove the bull-dozer from the property. Community Development Director Thornhill reported that the property owners have entitlements that are valid until August 5, 1 996, and the City has no authority to halt this project up to that date. He explained that the foundation must be laid by August 5, 1996 or the project is dead. He stated that the General Plan Amendment and Zone Change for this area will be brought before the Planning Commission in the middle of August. Kathy Dean, 30909 Corte Arroyo Vista, expressed concern that no action has been taken regarding the zoning, and asked it be acted upon prior to the scheduled August date. Patricia Phillips, 43150 Corte Almonte, spoke regarding the petition that was submitted by the Paloma Del Sol Homeowners Association and voiced her objection to the proposed strip mall. Jon Hoxter, 31249 Sierra Bonita, spoke regarding rain water run-off and asked that drainage and erosion plans be looked at prior to issuance of grading permits. He also stated that no CC&R amendments were made and asked if this project is legal. Mike Egler, 31300 Cala Carrasco, expressed anger that grading began without permits and thanked Councilmember Roberts and the Public Works Department for putting an immediate stop to grading. Mary Costello, 31300 Cala Carrasco, stated that the bull-dozer was moved at 9:45 AM today, July 9, 1996. Ron Stump, 24048 Troyes Lane, Branch Manager of the Temecula Library, thanked the City Council for their funding which will allow the library to remain open seven days a week. He also addressed a problem with a citizen handing out obscene material outside of the library. He explained this citizen claims this material can be obtained from the internet, and objected to the libraries use of the internet. Mr. Stump stated that the library policy has always provided that parents are responsible for monitoring children's use of library materials; children are not to be left alone in the library; and any material brought up that causes interference with others will be immediately terminated by library staff. Pat Keller, P.O. Box 521, spoke regarding the Murrieta Creek overgrowth and expressed concerns regarding flooding. She also expressed concern about dry weeds surrounding the Boys and Girls Club and the Community Center on Pujol Street and asked that this be included in the City's weed abatement program. Minutes\070996 -3- 08/14/96 City Council Minutes July 9. 1996 City Clerk June Greek announced that Kay Cassaro, 31616 Paseo Goleta, asked that a letter be read into the record, and the City Council has been provided with a copy. Mayor Lindemans waived the reading of the letter and entered it into the record. CITY COUNCIL REPORTS Councilmember Roberts thanked Rocky Hill and Chuck Washington from the City of Murrieta for inviting him to the Celebrity Team-Penning at Redhawk Ranch last Sunday which benefited the Substance Abuse Council. City Attorney Thorson requested that an item be added to the agenda regarding a CDBG Cooperative Agreement based on subsequent need. He stated this was received after the agenda was prepared and posted, but requires action prior to the next City Council meeting. It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Roberts to add this item The motion was unanimously carried with to the Consent Calendar as Item 17(b). Councilmember Stone absent. CONSENT CALENDAR Mayor Lindemans removed Item No. 5 and 16 from the Consent Calendar and noted an abstention on Item No. 15. Councilmember Roberts and Mayor Pro Tem Birdsall also noted an abstention on Item No. 15. City Clerk June Greek passed out lots, and Mayor Lindemans was requalified to vote on Item No. 1 5. It was moved by Councilmember Ford, seconded by Mayor Pro Tem Birdsall to approve Consent Calendar Items 1-15, 17 and 17(b). The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Ford, Roberts, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Stone 1 Standard Ordinance Adoption Procedure 1.1Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2Approval of Minutes 2.1 Approve the minutes of June 11, 1996. Minutes\070996 -4- 08/14/96 C*tv Council Minutes July 9. 1996 3Resolution Approving List of Dema@ 3.1Adopt a resolution entitled: RESOLUTION NO. 96-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4City Treasurer's Rel2ort 4.1Receive and file the City Treasurer's Report as of May 31, 1996. 6Resolution Establishona City's Gann Approproations Limit for the Fiscal Year 1996-gz 6.1Adopt a resolution entitled: RESOLUTION NO. 96-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 1996-97 7Purchase of Network Concentrator 7.1Authorize the purchase of a network concentrator, to be installed in the new City Hall facility from AmeriData for a total price of $57,276.00. 8Acceptance of Grant Deed for Nakayama Park - William Lyon's Company (Joseph Road at Nicolas Road) 8.1Accept a grant deed from the William Lyon's Company for the dedication of Nakayama Park, a .26 acre park within Tract No. 22627-0, and authorize the City Clerk to record the document. 9Completion and Acceptance of the FY94-95 Annual Pavement Manaaement Project, Proiect No. PW95-06 9.1Accept the FY94-95 Annual Pavement Management Project, Project No. PW95- 06, as complete; 9.2Direct the City Clerk to file the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; Minutes\070996 -5- 08/14/96 Coty Council Minutes July 9. 1996 9.3Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. 10Acceptance of Public Streets into the City-Maintained Street System (Within Tract No. 22627-1) (Located northeasterly of intersection of Nicolas Road at North General Kearny Road) 10.1Adopt a resolution entitled: RESOLUTION NO. 96-91 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. 22627-1) 1 1Accept Public Improvements in Tract No. 2262Z-1 (Located northeasterly of intersection of Nicolas Road at North General Kearny Road) 1 1.1Accept the Public Improvements in Tract No. 22627-1; 1 1.2Authorize the release of the Faithful Performance Improvement Bond, release of Subdivision Monumentation Bond, initiation of warranty period; 11.3Direct the City Clerk to so advise the Developer and Surety. 1 2Reduce Faithful Performance Bond Amount in Tract No. 27827-1 (Located Northwesterly of the intersection of North General Kearny Road at Nicolas Road) 12.1Authorize fifty-percent reduction in Faithful Performance bond amount for street, water, and sewer improvements; 12.2Direct the City Clerk to so advise the Developer and Surety. 1 3Acceptance of Public Streets into the City-Maintained Street System (Within Tract No. 27827-21 (Located Northwesterly of intersection of Nicolas Road at North General Kearny Road) 13.1Adopt a resolution entitled: RESOLUTION NO. 96-92 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. 27827-2) Minutes\070996 -6- 08114/96 Cety Councal Monutes July 9. 1996 1 4Accept Public Improvements in Tract No. 2782Z--2 (Located Northwesterly of intersection of North General Kearny Road at Nicolas Road) 14.1Accept the Public Improvements in Tract No. 27827-2; 14.2Authorize the reduction in Faithful Performance Street and Water and Sewer System Bond amounts to the warranty level, release of the Subdivision Monumentation Bond, and initiation of the warranty period; 14.3Direct the City Clerk to so advise the Developer and Surety. 1 5Solicitation of Construction Bids and Approval of Plans and Specifications for the FY96- 97 A.C. Street Repairs (Project No. PW 96-10) 15.1Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for Project No. PW96-10, FY 96-97 A.C. Street Repairs. The motion was carried as follows: AYES: 3 COUNCILMEMBERS: Ford, Roberts, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Stone ABSTAIN: 1 COUNCILMEMBERS: Birdsall 1 7 Reconfirmation of Weed Abatement Costs 17.1Adopt a resolution entitled: RESOLUTION NO. 96-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION Minutes\070996 -7- 09/14/96 Cety Council Minutes July 9. 1996 17.2Adopt a resolution entitled: RESOLUTION NO. 96-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION AND ORDERING THE RECORDATION OF LIENS THEREON 17(b) CDBG Urban County Qualification 17(b).lApprove a Cooperation Agreement with the County of Riverside allowing the City to participate in the Community Development Block Grant funding program for Fiscal Years 1997-98; 1998-99 and 1999-2000 and authorize the Mayor to execute the agreement. RECESS Mayor Lindemans called a recess at 7:45 PM. The meeting was reconvened following the scheduled Community Services District Meeting, Redevelopment Agency Meeting and the Old Town/Westside Community Facilities District Financing Authority Meeting at 8:10 PM. PUBLIC HEARINGS 18Plannina Application No. PA94-0107 Amendment and Restatement of Development Aareement No. 5 for Plannina Area No. 16 (Final Tract Maps 22916 and 22916-3) within Specific Plan No. 199 Community Development Director Gary Thornhill presented the staff report. Mayor Lindemans opened the pubic hearing at 8:1 0 PM. Hearing no requests to speak, Mayor Lindemans closed the public hearing at 8:10 PM. It was moved by Councilmember Birdsall, seconded by Councilmember Ford to approve staff recommendations 18.1 and 18.2 as follows: 18.1 Adopt the Negative Declaration for Planning Application No. PA94-0107. Minutes\070996 -8- 08/14/96 City Council Minutes July 9. 1996 18.2Read by title only and introduce an ordinance entitled: ORDINANCE NO. 96-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING AN AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT NO. 5 BETWEEN THE CITY OF TEMECULA AND COSTAIN HOMES, INC. FOR FINAL TRACT MAPS NO. 22916 AND 22916-3, WITHIN SPECIFIC PLAN NO. 199 (PLANNING APPLICATION NO. PA94-0107) The motion was unanimously carried with Councilmember Stone absent. COUNCIL BUSINESS 19Miss California USA Paaeant Sponsorshil2 Assistant City Manager Mary Jane McLarney presented the staff report. Councilmember Ford recommended the City Council allocate $750 in sponsorship funds, $500 to be paid immediately and $250 to be donated as a matching grant for any additional sponsorships received. It was moved by Councilmember Ford, seconded by Councilmember Roberts to approve an allocation not to exceed $750. Five hundred dollars ($500.00) to be paid immediately and $250.00 to be donated as a matching grant for any additional sponsorships received in the amount of $250.00 from the community. The motion was unanimously carried with Councilmember Stone absent. 20Appoffintment to the Murrieta Creek Advisory Committee City Manager Ron Bradley presented the staff report. It was moved by Councilmember Roberts, seconded by Mayor Pro Tem Birdsall to nominate Councilmembers Ford and Stone to serve on the Committee. The motion was unanimously carried with Councilmember Stone absent. Jeannie Gillen, 38160 Avenida La Cresta, on behalf of Kevin Walsh and the Murrieta Creek Advisory Committee, thanked the City Council for these appointments and expressed appreciation for their support in this area. Minutes\070996 -9- 08/14/96 C*tv Council Minutes July 9. 1996 CITY MANAGER'S REPORT City Manager Bradley stated the he received a signed agreement from the County of Riverside regarding Winchester Road Development fees that were in dispute, and reported it will be on the agenda the last meeting in August. CITY ATTORNEY'S REPORT None given. ADJOURNMENT It was moved by Councilmember Roberts, seconded by Councilmember Ford to adjourn at 8:20 PM to a meeting on July 23, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried with Councilmember Stone absent. emans, Mayor ATTEST: e Greek, CMC,@ity Cl@rk Minutes\070996 -10- 08114/96