HomeMy WebLinkAbout120997 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
DECEMBER 9, 1997
EXECUTIVE SESSION
A regular meeting of the Temecula City Council was called to order at 5:00 P.M. in the City
Council Chambers, 43200 Business Park Drive, Temecula, California, to discuss closed
session items as noted below:
1)§54956.8, Conference with Real Property Negotiator; Property: Approximately 6.22 acres
located on the north side of Rancho California Road between Business Park Drive and Diaz
road (APN 921-020-075); Negotiating Parties: City of Temecula and KI KFLA Rancho Realty:
Under negotiation: price and terms of payment.
2)§54956.8, Conference with Real Property Negotiator; Property: 27622 & 27628
Jefferson Avenue; Negotiating Parties: City of Temecula, Connie Hill and Dean Hill: Under
negotiation: price and terms of payment.
3)§54956.9(a), Pending Litigation, Connie Hill v. City of Temecula.
4)§54956.9(b), Potential Litigation, two matters.
5)§54956.8, Conference with Real Property Negotiator; Property: Approximately 120 acres
and is located westerly of Pujol Street; Negotiating Parties: City of Temecula, John
Firestone and Westside Improvement Authority Community Facilities District No. 1; Under
negotiation: price and terms of payment of potential acquisition.
The Temecula City Council reconvened at 7:09 P.M. in City Council Chambers, 43200
Business Park Drive, Temecula, California, to consider regularly scheduled City Council
business. Mayor Roberts presiding.
PRESENT:5COUNCILMEMBERS:Comerchero, Ford, Lindemans,
Stone, and Roberts.
ABSENT:OCOUNCILMEMBERS: None.
Also present were City Manager Bradley, City Attorney Thorson, and City Clerk Greek.
Minutes/120997 1
City Council Minutes December 9. I
PRELUDE MUSIC
In lieu of prelude and intermission music, a videotape was shown, promoting the Christmas
theme for Old Town "Dickens of a Christmas.'
INVOCATION
The invocation was given by Pastor Leon Franklin, Mountain View Community Church.
FLAG SALUTE
The audience was led in the flag salute by Councilman Lindemans.
PUBLIC COMMENTS
A.Mrs. Beverly Stone, 43136 John Warner Road, advised that this year Temecula Valley
People Helping People have added an "Adopt-A-Senior' program. She invited the
Councilmembers to attend an upcoming turkey dinner for the Seniors at Oscars, on Monday,
December 15, 1997, 3:30 P.M. to 5:30 P.M. Mrs. Stone encouraged anyone interested in
adopting a senior and/or a child to obtain names from various holiday trees located
throughout the City.
B. For Ms. Juliet Anne Boysen, 44060 Margarita Road, City Engineer Kicak addressed
drainage issue with regard to her property as well as neighboring properties, ensuring Ms.
Boysen that the developer of the neighboring lots will be required, on an interim basis, to
provide an emergency overflow. He stated that, ultimately, the developer will be required
to construct major storm drains, eliminating the flows which are tributary to the ditch
located behind her property and, thereby, eliminating her concern of flooding.
C.By way of photographs, Mrs. Beverly Stone, 43136 John Warner Road, apprised the
Councilmembers of a public safety hazard and requested the Council's assistance with
obtaining FEMA aid to construct a cement bridge over the drainage swale at John Warner
Road. She advised that at this point in time because of the recent rains, the road is washed
out and accessibility may only be obtained by way of a four-wheel drive vehicle. In
response to Councilman Lindemans, she noted that approximately 20 homes are impacted
by this road closure.
Viewing this as an intolerable situation to the residents, Councilman Lindemans requested
that the matter be placed on a future City Council agenda.
CITY COUNCIL REPORTS
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City Council Minutes December 9. 1997
A.Councilman Ford noted that he would be providing an overview with regard to the
Murrieta Creek Committee.
B. In order to properly apprise approaching motorists, Councilman Stone relayed his desire to
expedite the installation of the warning lights at the City's new fire station.
C.Commenting on the benefits derived by the use of computer technology, Mayor Roberts
advised that he had received a tremendous amount of pertinent information with regard to
this issue at the National League of Cities' Annual Meeting. He requested that this matter
be agendized to a future City Council meeting and that in the interim, a City Technology
Task Force be established.
CONSENT CALENDAR
1.Standard Ordinance Ado_orion Procedure
1.1 Motion to waive the reading of the text of all ordinances and resolutions
included in the agenda.
2.Resolution AoDrovin(~ List of Demands
--
2.1Adopt a resolution entitled:
RESOLUTION NO. 97 -130
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING
CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
3. City Treasurer's Report as of October 31, 1997
3.1 Receive and File Report.
.
Release Faithful Performance Warranty Bond and Labor and Materials Bond in
Tract No. 22916-1 {located at the northwest corner of Pauba Road at Meadow-~
Parkw0y)
4.1
Authorize release of the Faithful Performance Warranty bond for street,
water, and sewer improvements and the Labor and Materials bond for Tract
No. 22916-1;
4.2 Direct the City Clerk to so advise the Developer and Surety.
,
Riverside County Transportation Commission (RCTC) City of Temecu!a Measure ~A"
Loan A(]reement
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Minutes/120997 3
City Council Minutes December $, ! 997
5.1
Approve the Agreement (Attachment A) between the City of Temecula and
RCTC for a loan of $5,000,000 to be repaid through future Measure A
entitlement;
5.2
Authorize the Mayor to execute the loan agreement between the City of
Temecula and RCTC;
5.3
Make the following changes in fund allocations:
a. Appropriate $1.2 million in Measure ~A" funds to the State Highway 79
South from Interstate 15 to Avenida De Missions ('Missing Link") Project;
b. Appropriate $3.8 million in Measure 'A" funds to the Rancho California
Road Interchange Project (Project No. PW95-12);
c. Eliminate the appropriation of $258,870 for the Rancho California Road
Interchange Project (Redevelopment Agency RDA);
d. Eliminate the appropriation of //1.48 million for the Rancho California
Road Interchange Project (Development Impact Fees - Street
Improvements);
e. Eliminate the appropriation of $2,061,130 for the Rancho California Road
Interchange Project (Capital Project Reserves).
Item pulled by Councilman Lindemans; see pages 7-8 for discussion.
,
Property Ac(]uisition - Reali(]nment of Diaz Road at Rancho California Road
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6.1
Authorize the purchase of property located on the north side of Rancho
California Road between Business Park Drive and Diaz Road for the proposed
alignment of Diaz Road to Vincent Moraga Drive and approve the =Purchase and
Sale Agreement and Escrow Instructions" in substantially the form of
Attachment 1 and authorize the Mayor to execute the contract;
6.2
Authorize the transfer of $495,00.00 from Diaz Road Realignment Capital
Improvement Program (CIP) Budget Construction Account No. 210-165-632-
5804 to Land Acquisition Account No. 210-165-632-5700;
6.3
Appropriate $650,000 from Capital Projects Reserve to CIP Budget for Diaz Road
Land Acquisition Account No. 210-165-632-5700.
Item pulled by Councilman Comerchero; see page 8 for discussion.
,
Western Riverside Council of Governments {WRCOG) and San Bernardino County
Associated Governments {SANBAG) Task Force Recommendation on Electric
Utility Restructurin(~
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7.1 Adopt a resolution entitled:
Minutes/120997 4
City Council Minutes December 9, 1 ~)~)7
RESOLUTION NO. 97 -131
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
REGARDING PARTICIPATION IN WESTERN RIVERSIDE COUNCIL OF
GOVERNMENTS AND SAN BERNARDINO ASSOCIATION OF GOVERNMENTS
REGIONAL POWER PURCHASING POOL AGGREGATION
,
Traffic Controllers for Rancho California Road at 1-15 Interchanoe and Hi(~hwav 79
_
South at 1-15 Interchan(~e
8.1
Direct staff to contact Caltrans to request the necessary permits to utilize traffic
controllers (personnel) during the construction of these two locations;
8.2
Negotiate with a firm acceptable to the City and Caltrans the terms and
conditions of the contract for such services.
Inadvertently placed on the Consent Calendar, the Item was discussed later in the
evening; see pages 17-18.
,
AccePt Infrastructure Improvements in Paloma Del Sol relating to the Tract Nos. 2.4131-
1 and 24131-3 (located southwesterly of intersection of Pauba Road at Me~dgw~
Parkway)
9.1
Accept the infrastructure improvements in Paloma Del Sol relating to Tract
No. 24131-1 and 24131-3 and authorize the reduction in Infrastructure Faithful
Performance securities for street, drainage, and water and sewer improvements
to warranty level, and initiation of the one-year warranty period;
9.2 Direct the City Clerk to so notify the Developer and Surety.
10. Proposed '^11-Wav Stop" Ynez Road at La Paz Street
10.1 Approve the recommendations of the Public/Traffic Safety Commission as
follows:
a.
b,
c.
Install 'Stop" signs on northbound and southbound Ynez Road at La Paz
Street to provide for a three-way 'Stop."
Install 'Stop Ahead" and temporary flashing lights to warn motorists of
'Stop Ahead."
Add a dedicated lane southbound on Ynez Road for the right-turn
movement onto La Paz Street. The length of turning lane to be
determined by traffic counts.
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City Council Minutes December 9. 1997
dl
e.
Install permanent flashing lights on northbound and southbound Ynez
Road to warn motorists of the 'Stop' sign ahead.
Add more speed limit signs along this corridor.
10.2 Adopt a resolution entitled:
RESOLUTION NO. 97-132
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ESTABLISHING A 'STOP' LOCATION ON YNEZ ROAD AT LA PAZ STREET
10.3 Appropriate $37,250.00 from the General Fund Reserves to the Public Works
Maintenance Division, Routine Street Maintenance Account.
11.
Release Faithful Performance Warranty and Labor and Materials Bonds - Tract
No. 24135-1 {located northwesterly corner of Pio Rico Road at Mar(]arita Road)
--
11.1
Authorize the release of Faithful Performance Warranty and Labor and
Materials securities for street and drainage, and water and sewer public
improvements in Tract No. 24135-1;
11.2 Direct the City Clerk to so advise the Developer and Sureties.
12.
Release Faithful Performance Warranty and Labor and Materials Securities in Tract
No. 24135-3 {located at the southeasterly corner of Santia(~o Road and Mamarita Road)
--
12.1 Authorize the release of Faithful Performance Warranty and Labor and Materials
securities for street and water and sewer improvements;
13.
12.2 Direct the City Clerk to so advise the Developer and Surety.
Acceptance of Subdivision Improvements in Tract No. 24135-F {located northwesterly
corner of Meadows Parkway at Leena Way)
13.1 Accept the public improvements in Tract No. 24135-F and authorize initiation of
the one-year warranty period.
14.
13.2 Authorize reduction of the Faithful Performance Street and water and sewer
security amounts and release the Subdivision Monumentation security;
13.3 Direct the City Clerk to so advise the Developer and Surety.
Acceptance of Public Streets into the City-Maintained Street System (within Tract
No, 24135-F {located easterIv of the intersection of Margarita Road at Santiago Road)
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City Council Minutes December 9. 1997
14.1 Adopt a resolution entitled:
RESOLUTION NO. 97-133
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET
SYSTEM (WITHIN TRACT NO. 24135-F)
15.
Second Readin(] of Ordinance No. 97-21
15.1 Adopt an ordinance entitled:
ORDINANCE NO. 97-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING SECTION III. F. 2., PARKING, OF OLD TOWN SPECIFIC PLAN
REVISING THE PARKING REQUIREMENTS (PLANNING APPLICATION NO. PA97-
0221)
MOTION: Councilman Stone moved to approve Consent Calendar Item Nos. I - 4, 7, and 9 -
15 (Item Nos. 5, 6 and 8 were pulled). The motion was seconded by Councilman Lindemans.
Voice vote reflected unanimous approval.
At this time, Consent Calendar Item No. 5 was discussed.
.
Riverside County Transportation Commission (RCTC) City of Temecula Measure "A"
Loan A(]reement
--
5.1
Approve the Agreement (Attachment A) between the City of Temecula and
RCTC for a loan of $5,000,000 to,be repaid through future Measure A
entitlement;
5.2
Authorize the Mayor to execute the loan agreement between the City of
Temecula and RCTC;
5.3
Make the following changes in fund allocations:
a. Appropriate $1.2 million in Measure 'A" funds to State Highway 79
South from Interstate 15 to Avenida De Missions ('Missing Link") Project;
b. Appropriate $3.8 million in Measure 'A" funds to the Rancho California
Road Interchange Project (Project No. PW95-12);
c. Eliminate the appropriation of $258,870 for the Rancho California Road
Interchange Project (Redevelopment Agency RDA);
Minutes/120997 7
City Council Minutes December 9, 1997
d,
e,
Eliminate the appropriation of //1.48 million for the Rancho California
Road Interchange Project (Development Impact Fees - Street
Improvements);
Eliminate the appropriation of $2,061,130 for the Rancho California Road
Interchange Project (Capital Project Reserves).
Considering the City's appropriation of Measure 'A" funds to be a fraction of the collected
sales tax, Councilman Lindemans suggested the formation of a subcommittee, on which he
offered to serve, to further address the matter.
MOTION: Councilman Stone moved, seconded by Councilman Lindemans, to approve Consent
Calendar Item No. 5. Voice vote reflected unanimous approval.
At this time, Consent Calendar Item No. 6 was discussed.
o
Prooertv Acouisition - Reali(~nment of Diaz Road at Rancho California Road
--
6.1
Authorize the purchase of property located on the north side of Rancho
California Road between Business Park Drive and Diaz Road for the proposed
alignment of Diaz Road to Vincent Moraga Drive and approve the "Purchase and
Sale Agreement and Escrow Instructions" in substantially the form of
Attachment 1 and authorize the Mayor to execute the contract;
6.2
Authorize the transfer of $495,00.00 from Diaz Road Realignment Capital
Improvement Program (CIP) Budget Construction Account No. 210-165-632-
5804 to Land Acquisition Account No. 210-165-632-5700;
6.3
Appropriate $650,000 from Capital Projects Reserve to CIP Budget for Diaz Road
Land Acquisition Account No. 210-165-632-5700.
In response to Councilman Comerchero's request, City Manager Bradley, for the benefit of the
public, provided an overview of the proposed property acquisition and its associated
expenditure.
MOTION: Councilman Lindemans moved, seconded by Councilman Stone, to approve Consent
Calendar Item No. 6. Voice vote reflected unanimous approval.
At 7:42 P.M., the City Council convened as the Temecula Community Services District,
Temecula Redevelopment Agency, and the Westside Improvement Authority. At 8:00 P.M.,
the Council recessed and reconvened the meeting at 8:16 P.M. to discuss regularly scheduled
City Council business.
At 7:45 P.M., the following item was discussed in joint session with the Temecula
Redevelopment Agency:
Minutes/120997 8
City Council Minutes December 9. 1997
.
International Rectifier Fab-9 Owner Particioation AQreement
--
', ~
3.1 Adopt a resolution entitled:
RESOLUTION NO. 97-134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE
CITY OF TEMECULA AND INTERNATIONAL RECTIFIER, A CALIFORNIA
CORPORATION
3.2 Adopt a resolution entitled:
RESOLUTION NO. RDA 97-09
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND
INTERNATIONAL RECTIFIER, A CALIFORNIA CORPORATION
Redevelopment Director McLarney presented the staff report (as per agenda material). For
Councilman Lindemans, Ms. McLarney provided additional clarification with regard to the
incentive reimbursements to the developer.
MOTION: Councilman Stone moved, seconded by Councilman Comerchero, to adopt Resolution
Nos. 97-134 and 97-09. Voice vote reflected unanimous approval.
.
Formation of Joint Exercise of Powers Authority EstablishinQ the Westside ImDrovement
--
Authority
4.1 Adopt a City Council resolution entitled:
RESOLUTION NO. 97-135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS AUTHORITY
WITH THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
4.2 Adopt a Redevelopment Agency resolution entitled:
RESOLUTION NO. RDA 97-10
Minutes/120997 9
City Council Minutes December 9. 1997
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS
AUTHORITY WITH THE CITY OF TEMECULA
4.3
The City and the Redevelopment Agency execute the joint exercise of powers
agreement creating the Westside Improvement Authority.
Due to a conflict of interest because of property ownership in Old Town, Councilman Stone
advised that he would be abstaining with regard to this issue.
City Manager Bradley presented that staff report (as per agenda material), noting that the staff
report should be corrected to reflect the accurate Deposit/Reimbursement Agreement amount
of $104,500, not $105,000.
MOTION: Councilman Lindemans moved to adopt Resolution No. 97-135 and No. RDA 97-10,
and to execute the joint exercise of powers agreement creating the Westside Improvement
Authority. Councilman Comerchero seconded the motion was voice vote reflected unanimous
approval with the exception of Councilman Stone who abstained.
At 8:16 P.M., after a short recess, the Council reconvened to discuss regularly scheduled City
Council business.
Public Hearinas
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16.
Planning ADDlication No. PA 97-0170 {Conditional Use Permit) - the design and
construction of a 105.838 sauare foot self-storaae facility with a two-story resident
manager's unit and office building. and associated parking and landsceDing within the
RoriDaugh Estates SDecific Plan {Planning Area 8) {located on the north side of Nicholas
Road. north of the intersection of Rori_oaugh and Nicholas Road).
16.1 Adopt the Negative Declaration for Planning Application No. PA97-0170;
16.2 Adopt the Mitigation Monitoring Program for Planning Application
No. PA97-0170;
16.3 Adopt a resolution entitled:
RESOLUTION NO. 97-136
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING PLANNING APPLICATION NO. PA97-0170 (CONDITIONAL USE
PERMIT - APPEAL), UPHOLDING THE PLANNING COMMISSION DECISION
APPROVING PLANNING APPLICATION NO. PA97-0170 (CONDITIONAL USE
PERMIT) TO DESIGN AND CONSTRUCT A 105,838 SQUARE FOOT SELF-
Minutes/120997 10
City Council Minute~ December 9. 1997
STORAGE FACILITY WITH A TWO-STORY RESIDENT MANAGER'S UNIT AND
OFFICE BUILDING AND ASSOCIATED PARKING AND LANDSCAPING ON 5.15
ACRES LOCATED ON THE NORTH SIDE OF NICHOLAS ROAD, NORTH OF THE
INTERSECTION OF RORIPAUGH AND NICHOLAS ROADS, WITHIN THE
RORIPAUGH ESTATES SPECIFIC PLAN AND KNOWN AS ASSESSOR'S PARCEL
NO. 911-670-019
Community Development Director Thornhill reviewed the staff report (of record), emphasizing
staff's recommendation to deny the appeal and to uphold the Planning Commission's approval.
At this time, Mayor Roberts opened the public hearing.
Mr. Larry Markham, 41750 Winchester Road, representing the applicant, thanked staff for their
diligent efforts with regard to this project and clarified the following:
that the existing easement will be moved to the center of the subject
site -- away from the existing homes;
that for visual appearance, the proposed buildings were turned to eliminate
an undesirable view from the residential homes;
that landscape buffer zones are being provided along the property lines;
that the existing chain-link fence will be removed and replaced with a wrought
iron fence where shrubs, trees, and vines will be planted for additional screening;
that the wall along the residential boundary will be approximately 6' to 10' high;
that of the eight homes adjacent to the subject site, four are single-story homes
and four are two-story homes;
that because the storage units are only 10' high, most of the eight homes will
not be able to look over the wall and view the storage facility, with the
exception of the two-story residences which will be able to see the facility from
the second story;
that hours of operation have been imposed; that the playing of loud music and
use of stereos will be precluded by way of posted signage; that the lease
agreement will prohibit utilizing the facility as a rehearsal site for band practice;
that the lease agreement will also prohibit the storage of hazardous materials;
and that the facility may not be utilized as a place of business;
that each building will be sprinklered along with an alarm system;
that storm run-off from the subject site will flow into two existing pipes and then
drain into the flood channel.
Referencing the partial transcript of the January 25, 1994, City Council meeting (copies
provided to the Councilmembers), Mr. Sam Alhadeff, 27555 Ynez Road, #203, relayed his
understanding of the Council's and the property owner's intent, at that particular meeting, to
rezone the property of discussion (Planning Area 8) to commercial office.
Clarifying that he had appealed this case upon the request of the residents, Councilman
Lindemans stated that, in his opinion, on January 25, 1994, it was the primary opinion of the
Minutes/120997 11
Citv Council Minutes December 9. 1997
Council, property owner, and the residents to eliminate the potential of multi-residential
development from Planning Area 8 and, therefore, rezone the area to Commercial Office versus
Office Professional.
Having reviewed various documents with regard to this issue, City Attorney Thorson stated
that, in his opinion, the existing Specific Plan for Roripaugh Estates (SP164) governs the uses
permitted on the subject site.
Mr. Scott Barnard, 840 Newport Center Drive, #420, Newport Beach, representing the
applicant, noted that the applicant has made numerous revisions to ensure the proposed facility
would be compatible with the surrounding neighborhood. In response to Councilman Stone,
Mr. Barnard advised that although to no avail, attempts were made to discuss the issue with
the opponents but that the opponents were not desirous to discuss the matter with the
applicant.
The following individuals spoke in opposition to the proposed project:
Mr. Bruce Weckesser -
Mr. Del James -
Ms. Jayne Carney -
Mr. Don Morton -
Mr. Eric Rial -
2744 Bolandro Center
2754§ Jon Christian Place
39537 June Road
25573 Dandelion Court
39531 June Road
Issues raised by the above-mentioned residents included the following:
that the City Council had promised the residents that Planning Area 8
would be rezoned to Office Professional;
that the proposed use will not be an appropriate use for the subject site nor a
compatible use with the surrounding neighborhood; and that a storage facility
should not be located next to a residential area;
that the proposed facility would negatively impact the property values of the
surrounding residences;
that a facility such as the one proposed should be located in an area zoned Light
Industrial;
that the planting of bottle brush trees would not be acceptable;
that hazardous materials could be stored at the subject site.
Referencing the uWhite Sheet," Mr. Markham noted that the property of discussion has been
zoned Office Commercial. He advised that the proposed facility will be consistent with General
Plan zoning as well as the Specific Plan; that the subject site would be a conditionally permitted
use; and that of the permitted uses for Planning Area 8 as per Ordinance No. 348, the proposed
use would have the least amount of impact on the surrounding neighborhood. Mr. Markham
relayed the applicant's willingness to work with Planning Department staff with regard to types
of shrubs/trees which will be planted. In closing, he requested that the City Council approve
the project.
Minutes/120997 12
City Council Minutes December 9, 1997
In response to Councilman Stone, Mr. Markham relayed that the property owner, Mr.
Roripaugh, concurred with the City, regarding funding sidewalk improvements to the high
school contingent upon a reimbursement agreement and based on future developments.
By way of a color rendering, Mr. Markham described the architectural appearance of the subject
site, including landscaping.
In light of the assessed amount for the parcel of discussion, Councilman Lindemans referenced
the ''White Sheet" and stated that the subject site has been zoned Office Commercial.
Councilman Lindemans addressed the applicant's willingness to work with staff relative to the
type of landscaping planted as well as the applicant's willingness to enter into a reimbursement
agreement assuring sidewalk improvements to the high school. Considering the conditionally
permitted uses for the subject site, he viewed the proposed use as one of the most benign
uses.
Having reviewed pertinent documents with regard to this request, Councilman Comerchero
advised that the City Council's actions are governed by law; that because the law supports the
proposed use as a permitted use under Ordinance No. 348, the City Council must uphold the
law. He noted that, in his opinion, of the permitted uses, the proposed use would have the
least impact on the neighboring residents. Noting that his primary concern pertains to the eight
homes abutting the subject site, Councilman Comerchero offered several alternatives in an
effort to address lighting and noise concerns which, in turn, prompted Council discussion which
resulted in the following suggestions:
that access to the 20 to 25 storage spaces, facing the residents, be restricted
to 12 times a year;
that the 28' wide driveway be decreased to 24' wide and, thereby, increase the
landscaped buffer zone by 4'.
Because the subject site will be abutting a residential area, Mr. Markham advised that a 25'
setback will be required. He advised that lights could be mounted in a way to ensure that
lighting would not impact the residential units.
Referencing the "White Sheet" (indicating a commercial zone to the north, south, and east of
the Summerfield residences) as well as the transcript of the January 25, 1994, City Council
meeting, Councilman Stone referenced a statement he had made at the January 25, 1994,
Council meeting, supporting the deletion of dense multi-family development and, thereby
favoring the Office Commercial zone. He as well commented on the support his statement
received from the audience in attendance at the January 25, 1994, Council meeting.
Commenting on the landscape buffering zones which are being proposed, he stated that the
applicant has attempted to mitigate those concerns raised by the neighboring residents.
If this project were approved, Mayor Roberts requested that an additional condition be imposed
prohibiting the use of razor or barbed wire fencing, in addition to the reimbursement agreement
Minutes/120997 13
CiW Council Minutes
on future developments to extend sidewai~.
high school.
December 9. 1997
:ess to ensure safe pedestrian accessibility to the
Viewing zoning as the major issue of confusion, Community Services Director Thornhill
suggested that the City Council direct staff to proceed with an amendment to the current
Specific Plan, clarifying that the remainder of the property (with the exclusion of the subject
site) be rezoned to Office Professional. With regard to the parcel of discussion, Mr. Thornhill
clarified that on January 25, 1994, there was no Office Professional designation and that it was
staff's intent to zone the site as Office Commercial.
In light of the proposed landscaping, Councilman Lindemans concurred that the proposed use
would be barely be visible from the neighboring residences and concurred with Community
Services Director Thornhill's suggestion to rezone the remainder of the property to Office
Professional.
Recalling the issues discussed at the January 25, 1994, City Council meeting as well as
referencing the transcript of that meeting, Mayor Roberts pointed out various locations
throughout the transcript where Office Professional had been referenced, including his personal
reference to Office Professional; noted that in 1994, he signed a memorandum referencing
Office Professional; that he does not recall an amendment to this zone; and that, therefore, he
noted his opposition to the request.
Councilman Ford relayed his concurrence with decreasing the width of the driveway {adjacent
to the residents) by 4' in order to increase the landscape buffer zone. Because the residential
homes are 24' high and the proposed facility will not exceed 10' high, Mr. Ford expressed no
concern with regard to view impairment. Considering the limited amount of traffic and noise
the proposed use would generate, Councilman Ford spoke in support of the request and
concurred with Community Services Director Thornhill's suggestion to rezone the remainder of
the property to Office Professional.
MOTION: Councilman Stone moved to concur with staff recommendation; to increase the
landscape buffer zone along the perimeter adjacent to Summerfield by decreasing the proposed
driveway (adjacent to the residences) by 4'; to limit access to those storage spaces located
closest to the residential uses to 12 times a year; to prohibit the use of razor and barbed wire
fencing; to amend the current Specific Plan, rezoning the remainder of the property to Office
Professional; and to enter into a reimbursement agreement with the applicant, assuring the
completion of sidewalk improvements to the high school. The motion was seconded by
Councilman Ford and voice vote reflected unanimous approval with the exception of Mayor
Roberts who voted no.
At 9:56 P.M., a short recess was taken with the Council reconvening at 10:08 P.M.
MOTION: Councilman Ford moved to extend the City Council meeting to 10:30 P.M. The
motion was seconded by Councilman Stone and voice vote reflected unanimous approval.
Minutes/120997 14
City Council Minutes December 9. 1997
17.
Plannino Aoolication No. PA97-0319: Amendment to Ordinance No. 91-26 oertainino
_
to advertisino reoulations and establishino reoulations for the use of ambient air balloons
and other similar inflatables
17.1 Read by title only to introduce an ordinance entitled:
ORDINANCE NO. 97-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, AMENDING ORDINANCE NO. 91-26, SECTION 19.8, SUBSECTION
C.4 AND C.5 PERTAINING TO ADVERTISING REGULATIONS FOR THE USE OF
TEMPORARY AMBIENT AIR BALLOONS AND OTHER SIMILAR INFLATABLES
Community Services Director Thornhill presented the staff report (as per written material of
record) and briefly reviewed the proposed amendments.
At this time, Mayor Roberta opened the public hearing. No public input was received.
MOTION; Councilman Stone moved to introduce Ordinance No. 97-22 for first reading. The
motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval.
Council Business
18. Murrieta Creek Update - El Nino Presentation
By way of slides, Senior Management Analyst Kuhns provided an overview of the impacts El
Nino has and potentially will have on California, including the County of Riverside. She
provided detailed information with regard to government readiness, communications,
Emergency Resource Directory, FEMA Insurance, emergency supplies, out-of-State contacts,
etc.
City Manager Bradley advised that sand for sandbags is available at City Hall.
19.
Amend Section 15.16.010 and add Section 15.16.020 P. of the Temecula Municipal
Code
19.1 Introduce and read by title only an Ordinance entitled'
ORDINANCE NO. 97 -23
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City Council Minutes December 9. 1997
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING SECTION 15.16.010 OF THE TEMECULA MUNICIPAL CODE
RELATING TO REFERENCES TO THE UNIFORM FIRE CODE AND ADDING
SECTION 15.16.020.P TO THE TEMECULA MUNICIPAL CODE AMENDING THE
UNIFORM FIRE CODE AND AMENDMENTS THERETO TO BE CHARGED AS
MISDEMEANORS OR INFRACTIONS
Fire Marshall Windsor reviewed the proposed amendments (as per staff report).
MOTION: Councilman Stone moved to introduce Ordinance No. 97-23 for first reading. The
motion was seconded by Councilman Ford. Voice vote reflected unanimous approval.
City Attorney Thorson read the title of Ordinance No. 97-23.
20.
Recreational Vehicle (RV) Stora(~e in Residential Area
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20.1 Receive and File Report
Advising that this matter has been continued from the October 20, 1997, City Council meeting,
Community Services Director Thornhill informed the Councilmembers that staff is still in the
process of reviewing the matter and that a staff report would be forwarded to the Council at
a later date.
MOTION: Councilman Lindemans moved to receive and file the report. The motion was
seconded by Councilman Stone and voice vote reflected unanimous approval.
21. Status UPdate of the Study of the Potential Annexation of the Redhawk/Vail Ranch Ar~a
21.1 Receive and file report
Councilman Ford noted that he would be abstaining with regard to this issue.
Community Services Director Thornhill reviewed the staff report (as per agenda material),
MOTION: Councilman Lindemans moved to receive and file the report. The motion was
seconded by Councilman Stone and voice vote reflected unanimous approval with the exception
of Councilman Ford who abstained.
22.
Computer Purchase Loan Program
22.2 Designate $100,000 in the General Fund for an employee computer purchase
loan program.
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City Council Minutes December 9. 1997
Assistant to the City Manager Yates reviewed the staff report (as per agenda material), advising
that of the 450 cities in the State of California, approximately 88 of them provide this type of
program to their employees and that the actual cost of the program would be the interest lost
on the $100,000 (approximately $5,000 to 6,000 thousand a year if the entire $100,000 were
expended).
In addition to the lost interest, Councilman Lindemans noted that there would be an additional
expenditure associated with the administration of the program. Not viewing this program as
a necessary, ordinary business expense, Councilman Lindemans relayed his objection to the
program.
Speaking in support of the program, Councilman Comerchero relayed his preference with
utilizing the actual computer equipment as collateral to secure the loan.
With regard to securing the loan, City Manager Bradley noted that since those employees
applying for this program have passed the probation period, typically each employee would
have sufficient comprehensive annual leave hours to pay off the majority of the loan.
Concurring with Councilman Undemans' comments, Councilman Stone voiced no objection with
the City purchasing an additional five computers which could be lent out to the employees.
Having discussed the proposed program informally with the employees, City Clerk Greek noted
that she would estimate that approximately 20 applications would be immediately submitted
after the approval of this program.
MOTION: Councilman Stone moved to extend the Council meeting to 10:45 P.M. The motion
was seconded by Councilman Lindemans and voice vote reflected unanimous approval.
MOTION: Councilman Lindemans moved to deny staff recommendation. The motion was
seconded by Councilman Stone and voice vote reflected approval of the motion with the
exception of Mayor Roberts and Councilman Comerchero who vote no.
At this time, Consent Calendar Item No. 8 was discussed.
.
Traffic Controllers for Rancho California Road at !-15 Interchange and Highw{}¥ 79
South at 1-15 Interchanae
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8.1
Direct staff to contact Caltrans to request the necessary permits to utilize traffic
controllers (personnel) during the construction of these two locations;
8.2
Negotiate with a firm acceptable to the City and Caltrans the terms and
conditions of the contract for such services.
City Engineer Kicak provided the staff report (as per written material).
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CiW Council Minutes December 9. 1997
In order to expedite the exiting process from the freeway, Councilman Lindemans commented
on the current traffic situation and recommended the use of manual traffic control. He
requested that a study be completed, determining the cost of adding two additional lanes,
extending as far back as possible on the freeway, in order to assure an expeditious and safe
exiting route from the freeway.
Because the existing traffic signals are properly working, Mayor Roberts stated that, in his
opinion, the use of manual traffic control would not aid in funneling more traffic volume
through the intersection.
Advising such lanes could not be designed by City staff in order to obtain Caltrans approval,
City Engineer Kicak noted that staff would provide the cost estimate for the construction of
such lanes. Noting that the synchronization of traffic signals will be completed in four to six
weeks, Mr. Kicak advised that this would further aid in funneling a higher volume of traffic per
hour through this particular area.
In an effort to provide a more expedient travel path, Councilman Ford suggested that the right
westbound lane on Rancho California Road (utilized to enter the northbound freeway on-ramp)
be striped for a yield similar to the one on SR79 south.
In response to Mayor Roberts, City Engineer Kicak noted that staff would work on obtaining
Caltrans approval for the SR79 south encroachment permit.
MOTION: Councilman Stone moved to concur with staff recommendation. The motion was
seconded by Councilman Lindemans and voice vote reflected unanimous approval.
City Manager's Re_port
None given.
City Attorney's Report
With regard to closed session, City Attorney Thorson noted the following:
Item No. I (Real Property - City of Temecula and KI KFLA Rancho Realty) - item was
discussed and approved as Consent Calendar Item No. 6.
~ (Real Property - City of Temecula, Connie Hill, and Dean Hill) - City Council
set just compensation and staff will be conveying the information to the property
owners.
Item No. 3 (Pending Litigation - Connie Hill v. City of Temecula) - an update was
provided to the City Council.
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City Council Minutes December 9. 1997
Item No. 4 (Potential Litigation - two matters) - issues were not discussed.
Item No. 5 (Real Property - City of Temecula, John Firestone, and Westside
Improvement Authority Community Facilities District No. 1) - will be forwarded to the
Westside Improvement Authority meeting of January 13, 1997, for approval.
Adiournment
At 10:48 P.M., the City Council meeting was formally adjourned to Tuesday, January 13,
1998, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California.
Roberts,
ATTEST:
Deputy City Cler'k~/
[SEAL]
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