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HomeMy WebLinkAbout052698 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MAY 26, 1998 C! OSFD SFSSION A meeting of the City of Temecula City Council was called to order at 5:30 P.M. It was duly moved and seconded to adjourn to Closed Session, pursuant to Government Code Sections: 1. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the leasing of real property located at 28497, 28485, 28559, and 28565 Pujol Street. The negotiating parties are the City of Temecula and Affirmed Housing Group. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired. 2. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(a) with respect to two matters of existing litigation involving the City and or the Agency. The following cases will be discussed: Strachota v. City of Temecula and Pratt v. City of Temecula. 3. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of real property located at Front Street near 79 South (APN 922- 120-010). The negotiating parties are the City of Temecula and Redevelopment Agency of the City of Temecula and Quaid Harley Davidson. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired. 4. Conference with real property negotiator pursuant to Government Code Section 54956.9 concerning the acquisition of real property located at the northeast corner of La Paz and Highway 79 South (APN 922-19-025). The negotiating parties are the City of Temecula and County of Riverside and Moramarco. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired. 5. Conference with real property pursuant to Government Code Section 54956.8 concerning the acquisition of real property located on a portion of Palm Plaza Shopping Center on westside of Ynez Road, south of Winchester Road. The negotiating parties are the City of Temecula and KR Palm Plaza, Inc. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired. 1 Minutes~052698 Temecule Citv Council Mav 26. 1998 6. 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 each 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. 7. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of interest in real property located northwesterly of Winchester Road and Margarita Road (approximately 537 acres). The negotiating parties are the City of Temecula, Winchester Hills I, LLC, and Lennar Homes, Inc. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired. ROll CAll PRESENT: ABSENT: PRFLUnF MUSIC Councilmembers: Comerchero, Ford, Lindemans, Stone, and Roberts. Councilmember: None. The prelude and intermission music was provided Eve Craig and Daniel Stoermer. INVOCATION The invocation was given by Pastor Lyon of Christ the Vine. PL!=Dr,!= OF ALLI=GIANCE The audience was led in the Flag salute by Councilman Lindemans. PR!=S!=NTATIONS/PROC! AMATIONS Presentation by Max Gilliss regarding the Pala Road Bridge Project City Manager Bradley briefly highlighted the item and introduced Mr. Max Gilliss. Mr. Gilliss proceeded with a detailed update and overview of upcoming project activities by addressing environmental concerns, historical issues, design, bridge logo, funding, and control of right-of-way. Noting that the project is on schedule and will be under budget, Mr. Gilliss Minutes~052698 Temecula City Council 052698 advised that the bridge design is approximately 70% completed; that the roadway design is approximately 80% completed; and that the anticipated completion date is December 1999, which will be approximately three to four months ahead of schedule. Presentation by Colm Macken. Vice President of Forest City Development. regarding Mall Status City Manager Bradley introduced Mr. Colm Macken and briefly provided background information with regard to Forest City Development. By way of overheads, drawings, and a model, Mr. Macken provided an update as to the status of the construction of the Shopping Center and presented a detailed overview with regard to tenant list for the shopping center as well as the power center, proposed ice skating facility, and goals achieved by the developer and the City within the last two years. He advised that the power center will be concurrently opening with the shopping center. In closing, Mr. Macken thanked the City Council for its support and commended City staff on their efforts associated with this project. PUBIIC COMM!=NTS A. Having attended the Memorial Day ceremony at the Temecula Cemetery, Mr. Wayne Hall, 42131 Agena Street, apprised the City Council that the cemetery is lacking a flag pole and requested that the City spearhead, with the assistance of various organizations, a funding mechanism in order to ensure the installation of a flag pole. B. Presenting posters of the upcoming Arts Festival to the Councilmembers, Mr. Jim Meyler, 29930 Santiago Road, commented on the various events/activities planned for the Arts Festival (May 29 - June 6, 1998) and invited the public and Councilmembers to attend. C. In response to Ms. Jeanne Kearns, 27250 Madison Avenue, Mayor Roberts reassured Ms. Kearns that the incident she had recently experienced with a City Code Enforcement Officer would be reviewed and that she would be contacted. D. Ms. Juliet Boysen, ~4060 Margarita Road, apprised the Councilmembers of the following problems she has experienced on her property as a result of neighboring development: decreasing the width of her north and south entrances; removal of a magnolia tree; striping a double yellow line in front of her business, which prohibits left-hand turns into her property; damage to her fence; and drainage problems. Staff was requested to follow up on the matter. E. Presenting the year-end report for the Assistance League of Temecula Valley, Ms. Maryann Edwards, 42913 Calle Londe, commented on the success of the various programs such as Operation School Bell, Project Smile, and Kids on the Block. Minutes~052698 3 Ternecula C~ Council 052698 CITY COUNCIL RJ=PORTS A. To ensure clear visibility of the newly painted mural at the Sixth Street parking lot, Councilman Comerchero requested that the existing as well as any future landscaping be addressed. In response to Councilman Comerchero, Acting Community Services Director Parker advised that the area of discussion is maintained by the Community Services Department and that after review, it was determined that approximately eight to nine trees should be removed and relocated to mitigate future visual impairment concerns. B. Commending the Town Association on another successful Rodeo event, Councilman Comerchero expressed appreciation to the Association for the sponsored Schoolchildren's Program, noting that this program in itself was well worth the funding the City provides for the overall event. C. Further elaborating on the intent of the ~Counci/man's Night In"program, Councilman Comerchero informed the public that these meetings will be scheduled on the second Monday of each month and that the first meeting will be on Monday, July 13, 1998, 7:00 P.M. to 8:30 P.M. In order to make an appointment, receive further clarification, etc., Mr. Comerchero invited the public to call the City Manager's office. D. Concurring with Mr. Comerchero's comments relative to the Rodeo event, Mayor Pro Tem Ford thanked McDonald's for the donated meals, Temecula Town Association for hosting the event, and those individuals who participated in an effort to support this non-profit organization. E. Mayor Pro Tem Ford noted that he would be providing additional information with regard to the El Sobrante Landfill expansion at a future meeting. F. Having attended the Las Vegas International Conference of Shopping Centers, Councilman Stone relayed his delight with the future opening of ARC Ice Skating Rinks at the new shopping center. G. Having visited Washington, D.C. in an effort to lobby ISTEA funds for the Overland Overcrossing, Mayor Roberts advised that the City will receive a $3.75 million appropriation for the overcrossing and noted that $1 billion was set aside for the high-speed rail. Minutes\052698 4 Temecula City Council 052698 CONS!=NT CAI !=NDAR 1. Standard Ordinance Adol;)tion Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2. Apl;)roval of Minutes RECOMMENDATION: 2.1 Approve the minutes of April 28, 1998; 2.2 Approve the minutes of May 12, 1998. 3. Resolution A~proving list of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 98-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4. Award of Professional Services Agreement for Weed Abatement Services RECOMMENDATION: 4.1 Approve a Professional Services Agreement for weed abatement services with Fire Prevention Services, Inc. 5. Coml;)letion and Acceptance of the Installation of Traffic Signal Interconnect Phase I - Project No. PW95-16 RECOMMENDATION: 5.1 Accept the installation of the Traffic Signal Interconnect Phase II Project - Project No. PW95-16; Minutes\052698 5 Tern~ula City Courmil 0526~ o 5.2 File Notice of Completion, release the Performance Bond, and accept a one- year (1) Maintenance Bond in the amount of 10% of the contract; 5.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion if no liens have been filed. Partial Closure of Streets for Bike Race on May 31. 1998 ¢Rusiness Park !')rive and Single Oak Drive) RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 98-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING PARTIAL STREET CLOSURES OF BUSINESS PARK DRIVE AND SINGLE OAK DRIVE FOR THE TEMECULA CYCLING CLASSIC STAGE RACE ON MAY 31, 1998, AND AUTHORIZING THE CITY ENGINEER TO ISSUE SPECIAL EVENT PERMIT FOR THIS EVENT Contract Insl;)ection Services for Building and Safety RECOMMENDATION: 7.1 Approve an appropriation of $12,800.00 to Account Number 001-162-999-5250 "Other Outside Services;" 7.2 Approve a First Amendment to an existing Agreement for Consultant Services with J. A. S. Pacific Consulting Services, Inc. in the amount of $12,800.00 to provide building inspection services to the Building and Safety Department. Pavement Management Program UI;)date Report by Berryman & Henigar- Project No. PW96-13 RECOMMENDATION: 8.1 Receive and file the Pavement Management Program Update Report by Berryman & Henigar - Project No. PW96-13. Minutes\O52698 6 Ternecula City Council 052698 For Mayor Pro Tern Ford, staff clarified that approximately $900,000 has been budgeted for this item; that this item would be discussed in more detail at the upcoming Capital Improvement Project meeting; and that approval this evening will not set the maintenance zone designations. Offer of Dedication for Future Trail - Margarita Road at Pauba Road RECOMMENDATION: 9.1 9.2 Amendment to Sales Tax Reimbursement Agreement for Temecula Mall Prol~erty Adopt a resolution entitled: RESOLUTION NO. 98-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE OFFER OF DEDICATION FOR A FUTURE TRAIL EASEMENT ADJACENT TO PAUBA ROAD Authorize the City Clerk to record said offer of dedication. RECOMMENDATION: 10.1 Approve a resolution entitled: 10. RESOLUTION NO. 98-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO SALES TAX REIMBURSEMENT AGREEMENT FOR COMMUNITY FACILITIES DISTRICT NO. 88-12 RELATING TO THE TEMECULA MALL PROPERTY MOTION: Councilman Stone moved to approve Consent Calendar Item Nos. I - 10. CFD 88-1~ relating to The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. After a short recess, at 8:26 P.M., the City Council convened as the Temecula Community Services District, the Temecula Redevelopment Agency, and the Winchester Hills Financing Authority. Dudng which time, the following joint item was discussed with the Redevelopment Agency: The Disposition and Development Agreement and Ground Lease for North Pujol Redevelopment Project. At 8:37 P.M., the City Council resumed with regularly scheduled City Council business. Minutes\052698 7 Temecula City Council 052698 PUBLIC HF~.RINnS 1 1. Adoption of a ComDrehensive Regulatory Scheme for signs and other advertising devices and making related changes to the Develoi;)ment Code RECOMMENDATION: 1 1.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 98-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING CHAPTER 17.28 OF THE DEVELOPMENT CODE, A COMPREHENSIVE REGULATORY SCHEME FOR SIGNS AND OTHER ADVERTISING DEVICES, AND MAKING RELATED CHANGES TO THE DEVELOPMENT CODE Providing clarification with regard to this item, Community Development Director Thornhill presented the staff report (as per agenda material), advising that the auto dealerships are desirous of uniformly enforcing the section with regard to prohibiting any helium balloons to be more than 10' off the ground. Mr. Thornhill recognized Associate Planner Naaseh for his efforts associated with this project. City Attorney Thorson advised that the proposed ordinance would not change Section 17.28.600 (Temporary Business Advertising Signs in Commercial, Office, and Industrial Districts), noting that the current provisions for these signs, which are reflected in the temporary ordinance, will be incorporated into the new ordinance. Having thoroughly reviewed this ordinance, Councilman Comerchero commended staff on a job well done. With regard to the proposed provisions for the garage sale signs, Mr. Comerchero, echoed by Councilman Lindemans, viewed garage sales as a part of family neighborhoods; voiced his objection to the recommendation of one sign per garage sale; and suggested that a stronger focus be directed toward ensuring the clean-up versus limiting the signs. Referencing the City's last election, Councilman Comerchero expressed concern with the proliferation of political signs and informed the Councilmembers that the City Attorney had informed him that political signs adhere to State and Federal regulations as well as First Amendment Rights and, therefore, the City is limited in its imposition of restrictions with regard to these signs. City Attorney Thorson suggested that the proliferation of political signs could be addressed with the candidates at the candidates' meeting. Mr. Thorson also noted that the courts have Minutes\052698 8 Temecula City Council 05269~ restricted the City's ability to limit the placement of political signs to a short period before the election, advising that the proposed ordinance refers to a 90-day period in which the political signs may be placed on properties. Councilman Lindemans requested that letters of appreciation be sent to those individuals who served on the Sign Ordinance Committee for their efforts associated with this project. City Attorney Thorson read Ordinance No. 98-10 by title only. At this time, Mayor Roberts opened the public hearing. There being no input, the following motion was offered: MOTION: Councilman Stone moved to introduce and read by title only Ordinance No. 98-10 with the deletion of E. (Garage Sale Signs) under Section 17.28.050. The motion was seconded by Councilman Lindemans and voice vote reflected unanimous approval. COUNCIl RUSINFSS 12. Annual Adjustment of Development Impact Fees RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONFIRMING THE ADJUSTMENT OF DEVELOPMENT IMPACT FEES FOR FISCAL YEAR 1998-99, TO BE EFFECTIVE JULY 1, 1998, PURSUANT TO CHAPTER 15.06 OF THE TEMECULA MUNICIPAL CODE AND RESOLUTIONS 97-94 AND 98-30 Providing clarification with regard to commercial/industrial development and the issuance of associated building permits, Senior Management Analyst Kuhns presented the staff report (of record). Clarifying that a tremendous amount of industrial space has been constructed in the last year and a half, Community Development Director Thornhill noted that because the Development Impact Fees were not adopted until last year, all development prior to this time frame would not be reflected in the industrial development summary. Noting that there are two types of industrial developments, Ms. Kuhns noted that the planning permit system does not distinguish between the two. Minutes\052698 9 Temecula City Council 052698 Although supporting Councilman Lindemans' desire for more industrial development, Councilman Stone noted that the limited industrial development is not reflective of the Development Impact Fees and stated that it is as a result of other variables such as land prices, demographics, etc. Mayor Pro Tem Ford requested that staff provide updated information with regard to the developers and the amount of industrial square footage built in the last four years and that this information be presented in conjunction with the results of Dr. Husing's report. In response to Ms. Adrian McGregor's concern, 34553 Madera de Playa, staff clarified that the residential developer fees will not be lowered by the adoption of the proposed resolution. Councilman Stone noted that the City has adopted the maximum Development Impact Fees allowable for the City of Temecula ($3,000 per unit). MOTION: Mayor Pro Tem Ford moved to continue this agenda item to the June 23, 1998, City Council meeting at which time staff will present updated information relative to the developers and the amount of industrial square footage built in the last four years and that this information be presented in conjunction with the results of Dr. Husing's report. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. 13. Fiscal Year 1998/99 Funding Recluests for the Temecula Valley Chamber of Commerce. Temecula Valley Film Council. and Inland Fmpire Fconomic Partnership RECOMMENDATION: 13.1 Review and provide direction regarding the funding requests for Temecula Valley Chamber of Commerce, Temecula Valley Film Council, and Inland Empire Economic Partnership. City Manager Bradley presented the staff report (as per agenda material). Temecula Valley Chamber of Commerce By way of overheads, Ms. Melody Brunsting presented the yearly report of services provided to the City of Temecula, noting that the City Council is funding 27% of the its budget. Councilman I indemans encouraged the Chamber of Commerce to research the possibility of the City participating in the Rose Parade. Following Council discussion, the following motion was offered: MOTION: Councilman Lindemans moved to approve the requested amount of $117,900.00. The motion was seconded by Councilman Stone and voice vote reflected unanimous approval. Minutes\052698 10 Temecula City Council 052~J8 Temecula Valley Film Council Both Councilmembers Comerchero and Stone abstained with regard to this item. Ms. Sunny Thomas, 27740 Jefferson Avenue, commented on the Film Council's increased request of $50,000; highlighted on-going activities hosted by the Film Council; and noted that stronger funding efforts will be undertaken to ensure the City's funding could be matched. Considering the benefits the Film Council as well as all the other organizations provide to the City, Councilman Lindemans relayed his support of the increased request of $50,000.00. MOTION: Councilman Lindemans moved to approve a funding request in the amount of $50,000 to the Temecula Valley Film Council. The motion was seconded by Mayor Pro Tem Ford and voice vote reflected unanimous approval with the exception of Councilmembers Comerchero and Stone who abstained. Inland Fmpire Economic Partnership (IEFP) In light of the recent resignation of the Redevelopment Director, City Manager Bradley noted that the City, at this time, does not have Board representation but he recommended that the City remain an active member of the group. MOTION: Councilman Stone moved to approve the $10,775 funding request to Inland Empire Economic Partnership. The motion was seconded by Councilman Lindemans and voice vote reflected unanimous approval. Temecula Valley Economic Development Corporation (EDC) Mayor Roberts advised that the City of Murrieta has joined the EDC and that a meeting has been scheduled with the Mayor of Lake Elsinore to discuss the possibility of participation in the EDC. For the benefit of EDC, City Manager Bradley advised that a placeholder in the amount of $91,000 will be budgeted which is equivalent to last year's appropriation from the City. MOTION: Councilman Lindemans moved to approve the budgeting of a $91,000.00 placeholder for the Economic Development Corporation, noting that this amount may be lowered pending the participation by the City of Murrieta and City of Lake Elsinore. The motion was seconded by Councilman Stone and voice vote reflected unanimous with the exception of Mayor Roberts who abstained. Minutes\052698 11 Temecula City Council 052698 14. Traffic Signal Update RECOMMENDATION: 14.1 Oral Report presented by Public Works Director Kicak. Public Works Director Kicak advised that the traffic signal on Pauba Road at Fire Station No. 84 will be completed by the end of June 1998. 1 5. High-speed Rail Video Tape Presentation RECOMMENDATION: 15.1 Video Presentation. At this time, a video tape of the high-speed rail was presented. CITY MANAnFR'S RIrPORT No comments. CITY ATTORNI=Y'S R!=PORT With regard to the real property items discussed in closed session, City Attorney Thorson advised that City Council provided staff and him with direction as to negotiations, noting that any approval of the items would occur in open session. With respect to the legal items, Mr. Thorson advised that the City Council gave the attorneys direction on how to proceed. Mr. Thorson noted that there were no other reportable actions. Minutes\052698 12 Ternecula City Council 052698 AnJOURNM;NT At 10:07 P.M., Mayor Roberts formally adjourned the City Council meeting to the CIP Workshop on Thursday, June 11, 1998, at 6:00 P.M. The next regularly scheduled meeting will be on Tuesday, June 16, 1998, 7:00 P.M. Ron Roberts, Mayor ATTEST: . Jones, Ac=,tim~'Cit y Clerk Minutes\052698 13