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HomeMy WebLinkAbout110999 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL NOVEMBER 9, 1999 Present: Absent: PRELUDE MUSIC The Open Session of the City Council meeting convened at 7:00 P.M. Councilmembers: Comerchero, Lindemans, Roberts, Stone, and Ford. Councilmember: None. The prelude music was provided by Jennifer Taft. INVOCATION The invocation was given by Pastor Tim Buttrey of Temecula Valley Christian Center. ALLEGIANCE The salute to the Flag was led by Councilman Roberts. PRESENTATIONS/PROCLAMATIONS Women's Club Million Dollar Goal A Certificate of Achievement was presented to the Women's Club, which was accepted by Ms. Terry Blanton, President of the Women's Club, who bdefly reviewed the organizations 1999 accomplishments. Introduction of Nakavama Dele.qates Mayor Ford introduced the Nakayama delegates and presented to each a remembrance from the City of Temecula. PUBLIC COMMENTS A. Although the Vail Ranch/Redhawk Annexation did not pass, Mr. Elton Ward, 45322 Callesito Burgos, relayed his dismay with the outcome but expressed appreciation to the City Council and City staff for the outstanding efforts put forth in order to appdse the residents of Vail Ranch and Redhawk of the annexation. Mr. Ward thanked those residents that voted in support of the annexation and extended a special thanks to the members of the Temecula Annexation Group for their efforts and devotion. B. Ms. CeCe Axton, 30619, Sierra Madre Drive, representing the Temecula Valley Council PTA, introduced the Council PTA members in attendance and thanked the City Council for its support. Referencing the City's generous contdbutions, Ms. Axton bdefly highlighted the Council PTA's achievements and successes and extended appreciation to City staff for their continued assistance. On behalf of herself and the Council PTA, Ms. Axton thanked and R:\Minutes\l 10999 1 extended appreciation to Mayor Ford and Councilman Lindemans for their invaluable contributions to the City. At this time, Ms. Axton introduced Ms. Cheryl Eckhardt who, in turn, presented to the City a Certificate of Appreciation for its continued support. Councilman Lindemans suggested that the PTA Council explore the possibility of televising its Board meetings and encouraged the PTA Council to continue discussions with City staff regarding the installation of prefabdcated overcrossings. Because of her devotion, Ms. Eckhardt informed the City Council that that PTA Council honored Ms. Axton with the National Continuing Service Award. C. Mr. Sam Pratt, 40470 Brixton Cove, relayed his support of the PTA as well as the installation of prefabricated overcrossings. Mr. Pratt expressed his opposition to the Johnson Ranch Project and encouraged the City Councilmembers to review relative information submitted. D. Mr. Chuck Blackedge, 40325 Windsor Road, owner of Balloons Galore, relayed his concerns with regard to Ordinance No. 98-10 which restricts the usage of balloons particularly as it pertains to height. Mayor Pro Tem Stone requested that the Council be provided a copy of this Ordinance and noted that Mr. Blackedge's concerns will be addressed. CITY COUNCIL REPORTS A. Councilman Roberts commended Councilman Lindemans on his perseverance with regard to the Overland Overcrossing and commented on the effectiveness of it. B. Advising that LAFCO has been contacted to discuss the possibility of solely proceeding with the annexation of Vail Ranch without the need for another election, Councilman Comerchero relayed his support of such action, if possible, and requested that the matter be agendized for the December 7, 1999, City Council meeting. C. In an effort to promote ddver/public awareness, Councilman Comerchero advised that a group was formed to address this issue and that he will report to the City Council of the group's findings. D. Councilman Comerchero advised that the Temecula Valley School Distdct recognized the City, at a recent football game, for its contdbution to the Chapanal High School lighting project. E. From personal and recent experience, Councilman Lindemans encouraged all to get periodic health examinations. F. Echoing Councilman Lindemans' encouragement of periodic health examinations, Mayor Pro Tem Stone wished Mr. Lindemans a happy and healthy retirement. G. Commenting on the success of the City's Operation ERASIT Program, Mayor Pro Tem Stone commended the dedicated Police Officers on a job well done. H. Mayor Pro Tem Stone as well commended Councilman Lindemans on his perseverance with the Ovedand Overcrossing. Although recognizing the frustrations of the residents impacted by the construction of the Missing Link, Mr. Stone reminded the residents that although the City will assist with expediting the completion of this improvement, this project as well as the new Pala Bridge Project are being handled by the County. R:\Minutes\l 10999 2 4 I. Mayor Pro Tem Stone advised of discussions with the City Manager, the Fire Department, and the County of permitting paramedics to perform the emergency procedure of a tracheotomy on an adult and/or child and that he will report to the Council of the outcome. J. Noting that the City had contributed $10,000 to Race forthe Cure (Susan G. Komen organization), Mayor Pro Tern Stone encouraged the public to attend and advised that 75% of local monies raised will benefit the local arena. K. Mayor Pro Tern Stone requested that staff provide information with regard to student participation and potential continued City contributions and participation in the Teen Project program. L. To further address the expediency of the paramedic units, Mayor Ford requested that the use of Global Positioning System be immediately addressed. M Reiterating Mayor Pro Tern Stone's earlier comments, Mayor Ford advised that the improvements at lower 79 South are being handled by the County of Riverside and that the City will assist the County, where possible, in order to assure expedient completion of the project. CONSENT CALENDAR 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. Minutes RECOMMENDATION: 2.1 Approve the minutes of October 5, 1999. Resolution Approvin.q List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 99-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurers Report as of September 30, 1999 RECOMMENDATION: 4.1 Receive and file the City Treasurers Report as of September 30, 1999. R:\Minutes\l 10999 3 5 Liability Insurance Renewal RECOMMENDATION: 5.1 Approve the City of Temecula Liability Insurance Policy Renewal with Insurance Company of the West in the amount of $81.650 for general liability and automobile physical damage insurance for the period of December 1, 1999, through December 1, 2000. 6 Extension of the prohibition on Consumption of Alcoholic Beverages to Bridlevale Homeowner's Association property pursuant to Temecula Municipal Code Section 9.14.030 RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 99-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING THE PROHIBITION ON CONSUMPTION OF ALCOHOLIC BEVERAGES TO BRIDLEVALE HOMEOWNER'S ASSOCIATION PROPERTY PURSUANT TO TEMECULA MUNICIPAL CODE SECTION 9.14.030 7 A.clreement affecting Real Property at 28820 Single Oak Drive, Temecula, providing for Deferral of Development Impact Fee RECOMMENDATION: 7.1 Approve an agreement with Chemicon International, Inc. that provides for the deferral of Development Impact Fees over a five-year period, 8 Release Faithful Performance Warranty and Labor and Materials Securities in Tract No. 23371-1 (located northwesterly of the intersection of Rancho California Road at Meadows Parkway) RECOMMENDATION: 8.1 Authorize release of the Faithful Performance Warranty and Labor and Materials Securities for public improvements for the interior streets in Tract No. 23371-1; 8.2 Direct the City Clerk to so notify the developer and the surety. R:\Minutes\l 10999 4 9 Release Faithful Performance Warranty and Labor and Materials Securities in Tract No. 23371-2 (located northwesterly of the intersection of Meadows Parkway at Rancho California Road) RECOMMENDATION: 9.1 Authorize release of the Faithful Performance Warranty and Labor and Materials Securities for public improvements for the intedor streets in Tract No. 23371-2; 9.2 Direct the City Clerk to so notify the developer and the surety. 10 Proposed State Sales Tax Shift (SMART Formula) RECOMMENDATION: 10.1 Approve and support the letter of opposition identifying the City's position to the proposed fiscal reform plan by the State Controller. Because of the negative impact this Formula would have on the City, Mayor Ford relayed the City's opposition. 11 Second Readin.q of Ordinance No. 99-27 RECOMMENDATION: 11.1 Adopt an ordinance entitled: ORDINANCE NO. 99-27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND ELI LILLY AND COMPANY FOR PROPERTY GENERALLY LOCATED EAST OF YNEZ ROAD, WEST OF MARGARITA ROAD AND SOUTH OF OVERLAND DRIVE (PLANNING APPLICATION NO. PA99-0274) MOTION: Mayor Pro Tern Stone moved to approve Consent Calendar Item Nos. 1-11. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. At 7:52 P.M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. After a short recess, the City Council reconvened at 8:20 P.M., and resumed with regularly scheduled City Council business. R:\Minutes\110999 5 PUBLIC HEARING 12 Planning Aoolication No. PA99-0285 {Amendment No. 7 to Soecific Plan No. 219 - Paloma del Sol}. Planning AoDlication No. PA99-0283 (Develooment Agreement for me Villages at Paseo del Sol - Community Shopi~in;:l Center). Plannir~ Aoolicafion No. PA99-0284 (DeveloPment Plan - A0~eal) and Planning ADolication No. PA99-0286 (Tentative Parcel MaD No. 29431 -Aol~eal) RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 99-104 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF TEMECULA FINDING AND DETERMINING THAT NO ADDITIONAL ANALYSIS IS REQUIRED PURSUANT TO THE REQUIREMENTS OF THE CAUFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED AND THE GUIDELINES PROMULGATED THEREUNDER REGARDING PLANNING APPLICATION NOS. PA99-02~5 (AMENDMENT NO. 7 TO SPECIFIC PLAN NO. 2t9); PA99-0263 (DEVELOPMENT AGREEMENT FOR THE VILLAGES AT PASEO DEL SOL, COMMUNITY SHOPPING CENTER); PA99-0284 (DEVELOPMENT PLAN) AND PA99-0286 {TENTATIVE PARCEL MAP NO. 2943t} 12.2 Read by title only and introduce an ordinance enlitled: ORDINANCE NO. 99-28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPUCATION NO. PA99-O2U {AMENDMENT NO. 7 TO SPECIFIC PLAN NO. 219), WHICH AMENDS LAND USES WITHIN PLANNING AREAS t, 6, 6, 27 AND 36; AMEND8 THE ALIGNMENT AND CONFIGURATION OF CAMPANULA WAY BETWEEN DE PORTOLA AND MEADOWS PARKWAY; AMENDS THE ALLOCATION OF ACREAGE WITHIN PLANNING AREA 1 FROM 32.3 ACRES TO 35.0 ACRES; AMENDS THE ALLOCATION OF ACREAGE WITHIN PLANNING AREA 6 FROM 36.3 ACRES TO 34.3 ACRES; DIVIDES PLANNING AREA 6 INTO PLANNING AREA 6A (22.3 ACRES, WITH A MAXIMUM OF 268 UNITS) AND PLANNING AREA 6B (t2 ACRES, VERY HIGH DENSITY RESIDENTIAL, 13-20 DUIAC, WITH A MAXIMUM OF 240 UNITS), RESULTING IN AN OVERALL REDUCTION OF DWELLING UNITS FROM 660 TO 508; AMENDS THE TEXT TO PROVIDE FOR THE DEVELOPMENT OF A SENIOR COMMUNITY WITHIN PLANNING AREA 8; AND AMENDS THE DESIGN GUIDELINES TO INCORPORATE THE VILLAGE VIGNETTES AND SENIOR AMENITIES; BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT SUBJECT TO THE CONDITIONS OF APPROVAL. ON FILE IN THE OFFICE OF THE CITY CLERK R:\Minutes~lt 0999 6 12.3 Read by title only and introduce an ordinance entitled ORDINANCE NO. 99-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT ENTITLED VILLAGES AT PASEO DEL SOL DEVELOPMENT AGREEMENT, PLANNING AREAS l(a) & l(b) OF SPECIFIC PLAN NO. 219, AMENDMENT NO. 7 12.4 Deny the appeal of Planning Application No. PA99-0284 (Development Plan) and Planning Application No. PA99-0286 (Tentative Parcel Map No. 29431); 12.5 Uphold the approval by the Planning Commission of Planning Application No. PA99- 0284 (Development Plan) and Planning Application No. PA99-0286 (Tentative Parcel Map No. 29431); 12.6 Adopt a resolution entitled: RESOLUTION NO. 99-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING APPLICATION NO. PA99-0284 (DEVELOPMENT PLAN) AND PLANNING APPLICATION NO. PA99-0286 (TENTATIVE PARCEL MAP NO. 29431), AND UPHOLDING THE APPROVAL OF THESE PROJECTS BY THE PLANNING COMMISSION, BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT AND SUBJECT TO THE CONDITIONS OF APPROVAL ON FILE IN THE OFFICE OF THE CITY CLERK Deputy City Manager Thornhill reviewed and cladfled the detailed staff report (as per agenda materials); referenced staffs opinion that there is not a nexus between the Butterfield Stage Road Interceptor Channel and the four cases before the City Council this evening; advised that the Channel was to be constructed and funded through AD No. 159 and that Newland Communities has no control over the timing of this process; commented on the bonding capacity of the Assessment Distdct; and noted that due the lateness in receiving Ms. Staples' fax, he has not had the opportunity to review the information (copies of which were provided to the Councilmembers). Mr. Thornhill relayed the Corona's concern that this project or any future project be approved without Newland Communities fulfilling its commitment to install the interceptor channel. Mr. Thornhill recommended denial of the appeal and approval of the remaining applications. City Attorney Thorson pointed out that because Mayor Ford does not own any properties within 2,500' of the subject site, because Mr. Ford's employer does not own any undeveloped property within the applicable 2,500' radius, and because of relationship of this project to AD No. 159, Mayor Ford may participate in the discussion and may vote with regard to this issue. In light of the lateness of some of these reports, City Attorney Thorson, for Mayor Pro Tem Stone, advised that staffs response to drainage issues on the appeal are summarized in the staff report; that the extensive Newland Communities submittal is summarized in a cover letter; and that the fax from Ms. Staples is, in large, summarized on pages I and 2 of the proposal. R:\Minutes\l 10999 7 In response to Mayor Pro Tem Stone, Deputy Director of Public Works Parks advised that the construction of Butterfield Stage Road by AD No. 159 and the raising of it by one or two feet was built according to plans and specifications and that the two 120" pipes do not adequately mitigate the concerns of both two basins. Councilman Lindemans referenced the May 26, 1988, (of record), particularly commenting, as per his interpretation, on the City's responsibility to ensure that the interceptor channel is constructed. By way of overheads, Mr. Batty Burnell, T&B Planning, 3242 Halladay, #100, Santa Ana, representing Newland Communities, reviewed the request; referenced and relayed his understanding of a letter dated May 26, 1988 (of record); and noted the following: · That the maximum bonding capacity is $4.9 million; That, as requested by the Flood Control District, a drainage structure was designed to intercept a large amount of off-site storm runoff that approaches the project from the east; That AD No. 159 was formed in 1988 with its own Environmental Impact Report (EIR) processed through the County; that a supplemental District formed in 1991 at which time the Butterfield Stage Road east interceptor channel was originally considered; That the assessment, at that time, was determined at $2.2 million in order to protect the 38 acres owned by the Coronas/Savalas; that the cost of such a facility escalated to $3.5 million (Alternative No. 1) which included a box culvert to protect future farming (38 acres); That the current proposal requests the protection of 202 acres, which encompasses the entire Corona, Savala, and Lumsdaine properties for $5.8 million; that this recent proposal cost has been increased to $6.2 million; · That the conditions of approval for the Vail Meadows Specific Plan never intended the protection of 202 acres; · That the Assessment Distdct was approved and the El R was adopted prior to the approval of the Vail Meadows EIR; · That the Assessment District listed the 38 acres as undeveloped/unplanned land and the 202 acres as agriculture land; That the construction of Butterfield Stage Road created an impact on approximately 5 to 6 acres of the Corona property; that such construction did not create flooding to the east of the Assessment District; that the interceptor channel was intended to mitigate concerns with regard to the 5 to 6 acres; · That the area to the east of the Assessment District (140 acres) has historically flooded. Mr. Rich Robato, representing Newland Communities, further clarified the location and hydrology of the two existing basins and advised that the two 120" pipes were installed by Nelwand Communities to assist with the water flow for Basin No. 2; and that Newland R:\Minutes\l 10999 8 Communities has been assessed 82% of Basin No. 1. In closing, Mr. Robato noted that the Assessment District has failed to fulfill its function. Ms. Michelle Staples, 2100 SE Main Street, Suite 104, Irvine, representing the Coronas, reviewed the request; referenced and relayed her understanding of a letter dated May 26, 1988 (of record); commented on the Coronas' compromise (as per taxed material) which would allow the Home Depot project to proceed; and noted the following: · That a new flood hazard has been created at the commercial corner (79 South) as a result of the new building in and developing on the natural channel; That the City has never relieved the developer of the condition (as per the May 26, 1988, letter) to construct a permanent facility prior to development of the downstream areas; That it is a legal responsibility of this developer to construct a permanent facility; that any approval should be based on the construction of an interceptor channel before the issuance of development permits; · That the lateness of her taxed letter was as a result of waiting for information from the County, which was not received; · That the project cost of approximately $6.2 million (Altemative No. 3) does include the underground interceptor and the open channel to the east; That although only 5 to 6 acres of the Corona property are impacted as a result of the construction of Butterfield Stage Road, in order to construct facilities in a manner which will allow the Coronas to continue their current and future land uses of the property without further severance damages to them, the facility which was constructed in the middle of their property must be buded by 4'; it was suggested that a smaller facility be constructed in its place and that a larger facility be constructed to the east; Councilman Lindemans suggested that, in order to meet with the County and the developer, the matter be continued to the November 16, 1999, City Council meeting. Ms. Staples noted her concurrence with a continuance. Mr. Allan Davis, Del Sol Investment, Carlsbad, requested that the City Council take action as recommended by City staff. Mr. Sam Alhadeff, representing Newland Communities, 27555 Ynez Road, Suite 203, referenced and quoted City Condition No.27 on Map No. 24182, as follows: an interim detention basin has been constructed on the southem portion of Phase IV and the final phase of Tentative Tract No. 24182; the existing detention basin or an equivalent facility should remain in place until such time that upstream drainage facilities are constructed to convey off-site storm flows to an adequate outlet; any revision to the existing detention basin and appurtenant drainage facilities should be approved by the City. Further addressing the matter before the City Council, Mr. Alhadeff noted the following: · That there is no nexus to the Corona property and Home Depot; · That there would be no objection to including Condition No. 27 (as noted above) with the approval of Home Depot. R:\Minutes\110999 9 · That the appeal be denied and that the remaining issues be approved with the imposition of Condition No. 27. Ms. Staples noted her opposition to the approval of Home Depot as well as any other approval under Specific Plan No. 219 without the imposition of a condition requiring the construction of the interceptor channel. She supported the approval of the Home Depot project contingent upon withholding building permits for Newland Communities. Mr. Bob Krieger, representing the Coronas, further commented on Alternative No. 3 (submitted to the County); addressed the water flow; the 2 120" pipes installed for Basin No. 2; and the construction of a facility upstream on the easterly portion of the Corona property. By way of overheads, Mr. Sam Alhadeff reiterated his request that the City Council deny the appeal due to lack of nexus and approve the project. At 10:05 P.M., the public hearing was closed and a recess was taken. The Council reconvened at 10:14 P.M. In light of this evening's discussion, Councilman Comerchere noted that the noted drainage issues will obviously not be resolved today and, therefore, suggested the following: · That the Home Depot project be approved; That all building permits for Map No. 24182 with the exception of Phases 1 and 2 be withheld until this issue is resolved or the matter is addressed by the City Council in a public hearing. City Attomey Thorson introduced and read by title only Ordinance No. 99-28 and Ordinance No. 99-29. MOTION: Mayor Pro Tem Stone moved to approve staff recommendation with amending the Specific Plan as it relates to Home Depot as follows: that Mayor Ford and Councilman Lindemans continue to serve on the subcommittee that is to meet with the proponents and opponents in an effort to create a reasonable compromise; that the City will have the ability to withhold approval of building permits within Tract No. 24182, with the exception of Phases 1 and 2, as identified by Deputy City Manager Thornhill; that once a reasonable compromise has been negotiated, the matter would be addressed at a City Council public headng; and that the subcommittee will report to the City Council at its November 16, 1999, City Council meeting. The motion was seconded by Councilman Lindemans and voice vote reflected unanimous approval. For Ms. Staples, it was noted that Phases 3 and 4 of Tract No. 24182 would withhold approximately 400+ building permits. R:\Minutes\l 10999 10 13 Planning Application No. PA98-0447 (Tentative Tract Map) a request to subdivide 6.31 acres of land into twenty-four (24) residential lots and Plannina Application No. PA99- 0238 (Development AQreement) a request for a Development AQreement to allow a minimum of five (5) foot side yard setback (for property located on the south side of Via La Vida between MarQadta Road and Solaria Way) RECOMMENDATION: 13.1 Intreduca and read by title only an ordinance entitled: ORDINANCE NO. 99-30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND HIRAM-HILL, LLC FOR TENTATIVE TRACT NO. 29036 {PARCELS 1-4 OF PARCEL MAP NO. 13784 AND A PORTION OF LOTS 16-20 AND 26-28 OF TRACT MAP NO. 20882-3) LOCATED ON THE SOUTH SIDE OF VIA LA VIDA BETWEEN MARGARITA ROAD AND SOLANA WAY 13.2 Adopt a resolution entitled: RESOLUTION NO. 99-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECOMMENDING APPROVAL BY THE CITY COUNCIL OF PLANNING APPLICATION NO. PA98-0447 FOR TENTATIVE TRACT NO. 29036 (PARCELS 1-4 OF PARCEL MAP NO. 13784 AND A PORTION OF LOTS 16-20 AND 26-28 OF TRACT MAP NO. 20882-3) LOCATED ON THE SOUTH SIDE OF VIA LA VIDA BETWEEN MARGARITA ROAD AND SOLANA WAY Councilman Comerchero noted that he would be abstaining with regard to this issue. By way of overheads, Deputy City Manager Thornhill reviewed the staff report (as per agenda material). Mayor Ford opened the public hearing. An engineer (name inaudible and no speaker card submitted), representing the applicant, was present to concur with staff recommendation. Mayor Ford closed the public headrig. City Attorney Thorson introduced and read by title only Ordinance No. 99-30. MOTION: Mayor Pro Tern Stone moved to approve staff recommendation. The motion was seconded by Councilman Lindemans and voice vote reflected approval with the exception of Councilman Comerchero who abstained. R:\Minutes\110999 11 14 Development AGreement with Pala Rainbow LLC (for property located near the intersection of HiGhway 79 South and Pala Road) RECOMMENDATION: 14.1 Adopt the Negative Declaration for Planning Application No. PA99-0273; 14.2 Introduce and read by title only an ordinance. ORDINANCE NO. 99-31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND PALA RAINBOW, LLC FOR PROPERTY LOCATED NEAR THE INTERSECTION OF HIGHWAY 79 SOUTH AND PALA ROAD (PLANNING APPLICATION NO. PA99-0273) Deputy City Manager Thornhill reviewed the staff report (of recerd). Mayor Ford opened the public hearing. There being no public interest to speak, the public headng was closed. City Attorney Thorson introduced and read by title only Ordinance No. 99-31. MOTION: Mayor Pro Tern Stone moved to approve staff recemmendation. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. Councilman Lindemans thanked the Planning Commission for their expediency in addressing this issue. COUNCIL BUSINESS 15 1999-00 Community Service Funding Pro.Gram Committee Recommendations RECOMMENDATION: 15.1 Review and approve the 1999-00 Community Service Funding Program requests per the table outlining the Committee's recommendations of 32 organizations totaling $102,000. Mayor Pro Tem Stone noted that he would be abstaining with regard to Escondido Community Health Center (No. 12). Finance Director Roberts referenced the staff report (as per agenda material), briefly highlighting the vadous organizations as well as the Committee's (comprised of Mayor Pro Tem Stone and Councilman Comerchere) funding recommendation which totaled $102,000. Mr. Rick Schultz, 31905 Via Cordoba, Executive Director of the Boys and Girls Club, thanked the City Council for its continued support; referenced last years funding from the City in the amount of $22,400; and requested that consideration be given to waiving the Club's $18,000 yeady building loan repayment to the City. R:\Minutes\l 10999 12 Finance Director Roberts advised that the next CDBG funding cycle will be in January 2000 and that the Boys and Gids Club may participate in that process as well. MOTION: Councilman Lindemans moved to approve staff recommendation. The motion was seconded by Councilman Roberts and voice vote reflected approval with the exception of Mayor Pro Tern Stone who abstained with regard to No. 12 (Escondido Community Health Center). 16 Old Town Redevelopment Advisory Committee Appointment RECOMMENDATION: 16.1 Appoint two applicants to serve on the Old Town Redevelopment Advisory Committee each a four-year term to expire September 26, 2003. Mayor Pro Tern Stone noted that he would be abstaining with regard to this matter. City Clerk Jones bdefly reviewed the staff report (of record). Councilman Comerchero suggested that consideration be given to requesting Court relief from the requirement that a member of this Committee must live and/or own a business in Old Town and requested that the matter be agendized for a future meeting. Councilman Roberts requested that the need for this Committee be determined. MOTION: Councilman Comerchero moved to appoint Mr. Arthur Yorke and to reappoint Committee Member Jenkins. The motion was seconded by Councilman Roberts and voice vote reflected approval with the exception of Mayor Pro Tem Stone who abstained. 17 Public Traffic Safety Commission Appointment RECOMMENDATION: 17.1 Appoint two applicants to serve on the Public/Traffic Safety Commission each a three-year term to expire October 10, 2002. City Clerk Jones briefly reviewed the staff report (of record). Mayor Ford extended appreciation to Mr. Markham for his years of service to the City. MOTION: Mayor Pro Tem Stone moved to appoint Mr. Mark Katan and to reappoint Commissioner Coe. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. 18 Appointment of Representative and Alternate to the Riverside Transit A.qency RECOMMENDATION: 18.1 Appoint a member of the City Council to serve as the representative for the Riverside Transit Agency; 18.2 Appoint Karel Lindemans to serve as alternate for the Riverside Transit Agency through December 31, 1999. R:\Minutes\110999 13 City Clerk Jones reviewed the staff report (as per agenda material). City Attomey Thorson advised that it is a requirement of the RTA to appoint a current City Councilmember. MOTION: Mayor Pro Tem Stone moved to appoint Councilman Lindemans as the City alternate to the RTA Agency until December 31, 1999, and to appoint Mayor Pro Tern Stone as the representative. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. CITY MANAGER'S REPORT Because the Registrar of Voters will not be able to certify the November 2, 1999, election results until November 18, 1999, City Manager Nelson advised that an adjourned regular meeting has been scheduled for Monday, November 22, 1999, at which time the Mayor, Mayor Pro Tern, President of the Community Services District, and the Chairman of the Redevelopmerit Agency will be appointed. CITY ATTORNEY'S REPORT City Attorney Thorson advised that the City Council gave direction to staff with regard to the real property matter and as well provided direction to him as to the defense of the legal matter. ADJOURNMENT At 10:56 P.M., the City Council meeting was formally adjourned to Tuesday, November 16, 1999, at 7:00 P.M., City Council Chambers, 43200 Business Park Ddve, Temecula, California. ATTEST: S.usan W. Jo es, CMC/AA ~ !tO~elTI R:\Minutes\l 10999 14