HomeMy WebLinkAbout061698 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
JUNE 16, 1998
CLOS!=n ~!=-~.~10N
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 acquisition of real property located at 28677 Front Street (APN 922-045-017),
42051 Main Street (APN 922-036-020), and 28640 Pujol Street (APN 922-053-020). The
negotiation parties are the City of Temecula/Redevelopment Agency of the City of Temecula
and Cadeus Properties, Lorraine Clark, and Mark Lawer. Under negotiation are the price and
terms of payment of the real property interests proposed to be acquired.
2. Conference with real property negotiator pursuant to Government Code Section 54956.8
concerning the acquisition of real property located at a portion of Palm Plaza Shopping Center
located at southwest corner of Winchester Road and Ynez Road (APN 910-300-001,005, 006,
007, 008, 010, and 011). The negotiating parties are the City of Temecula and interests in KR
Palm Plaza Partnership. Under negotiation are the price and terms of payment of the real
property interests proposed to be acquired.
3. Conference with real property negotiator pursuant to Government Code Section 54956.8
concerning the acquisition of real property located near Ynez Road and extension of Overland
Overpass (a portion of APN 921-680-010-3 and 921-090-054-0). The negotiating parties are
the City of Temecula and interests in Eli Lilly and Company. 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 54956.8
concerning the acquisition of real property located on Pala Road southerly of Highway 79 South
at Pala Road Bridge (APN 950-110-022, 025, 026, and 032). The negotiating parties are the
City of Temecula and portions of Pala Rainbow LLC, and KCY Development, Inc. Under
negotiation are the price and terms of payment of the real property interests proposed to be
acquired.
5. Conference with real property negotiator pursuant to Government Code Section 54956.8
concerning the acquisition of real property located near Ynez Road and extension of Overland
Overpass Solana Way (APN 921-0720-014). The negotiating parties are the City of Temecula
and a portion of Advanced Cardio Vascular System/Guidant. Under negotiation are the price
and terms of payment of the real property interests proposed to be acquired.
Minutes~061698
Temecula Citv Council
RO! ! CA! !
June 16. 1998
PRESENT:
Councilmembers:
Comerchero, Ford, Lindemans, Stone,
and Roberts.
ABSENT: Councilmember: None.
PR!=! !lr'JF MU-~IC-
The prelude and intermission music was provided Jordan Bellino.
INVrtC-ATION
The invocation was given by Reverend James Egea, Church of Religious Science of Temecula
Valley.
P! !::riff rtF A! ! I::RIANCI=
The audience was led in the Flag salute by Councilman Stone.
PRFSFNTATIONS/PROC! AMATIONS
Presentation by Frank Peairs of Riverside County Flood Control and Water Conservation
regarding Murrieta Creek
By way of slides, Mr. Peairs reviewed, in detail, on-going Creek maintenance as well short- and
long-term strategies for Murrieta Creek, noting the following:
clearing of vegetation on a yearly basis
authority to permit the ability to complete heavier maintenance and
sediment removal
Ultimate Flood Control Project in the process
Corps Feasibility Study ($2.2 million -- 50% cost share -
City's portion to be funded through Flood Control Funds)
Study to be completed by February 2000
Councilman Lindemans requested a breakdown of costs associated with the Corps Feasibility
Study.
Mayor Pro Tem Ford further addressed the Study and efforts undertaken to ensure that it will
be completed in a timely fashion to ensure timely submittal and commented on the proposed
maintenance program for the Creek, noting that the Creek should be mowed twice a year
versus once a year.
Minute~061696
__ Temecula City Co~Jr~ June 16. 1998
In response to Mayor Pro Tern Ford, Councilman Stone relayed his support with mowing the
Creek twice a year versus once.
Amateur Radio Week
Mr. Harm Wyma accepted the proclamation and invited the Councilmembers and public to Field
Day at Bel Vineyard on Saturday and Sunday, June 20 and 21, 1998, at which demonstrations
will be given to apprise the public of how amateur radio operators could aid in the time of an
emergency.
Certificate of ADl~reciation for linda Fahey. former Chairwoman of the Planning ~-ommission
The Certificate of Appreciation was accepted by Ms. Fahey with Community Development
Director Thornhill commending Ms. Fahey on a job well done.
POP Team Presentation/Video Presentation
Police Sergeant Mitch Aim introduced the POP Team to the City Council; commented on the
creation and purpose of the program; and presented a short video presentation which further
elaborated on the successes of this Team such as the Crime Free Multi-Housing.
PUB! IC COMM!=NTR
Mr. Bob Lopshire, 40244 Atmore Court, relayed his objection to the construction of the area
between Meadowview and Portofino and extension of North General Kearney Road; stated that
this particular area should be viewed as the Meadowview Common Area; and presented a
petition of objection with regard to this issue, noting the following:
outdated Environmental Assessment - a new Assessment should be completed
outdated AQMD
no study on record with U.S. Army Corps of Engineers
destruction of habitat
existing horse and bike trails would be lost
reduce quality of life
CITY Ct~UNCI! RI=PORTS
Commenting on the recent trip to the City's Sister City (Nakayama, Japan), Councilman Stone
relayed appreciation to the Japanese hosts for their gracious treatment and thanked Mr. Stew
Morris and his wife, Pat, for their input with regard to history, culture, and very beneficial
language translation.
Minutes\061698 3
Temecula City Counc# June 16. 1998
Advising that the primary purpose for this trip to Nakayama, Japan, was to clarify that the
School District's temporary hold on the Sister School Program had absolutely no impact on the
Sister City Program between the cities, Mayor noted that in Nakayama, the School District is
run by the City. Mr. Roberts shared with the audience gifts which were given to the City by
Nakayama officials.
Having attended a recent Open House for the east side Reservoir Project, Councilman
Comerchero shared his amazement with the magnitude of this project; recommended that the
traffic impact on the City as a result of this project should be considered during the upcoming
Circulation Element revision of the General Plan; advised that this project should be completed
by year 2004; and noted that initially it is being proposed that no body contact will be
permitted on the reservoir but that a smaller lake would be provided for recreational amenities
and that a golf course is also being proposed.
Councilman Comerchero advised that Councilman Lindemans and he had attended the first
Cultural Arts Master Plan Committee meeting this afternoon, noting that the project is
proceeding and that the final Plan should be completed by November 1998.
Having attended several POP Team presentations for multi-housing projects, Mayor Pro Tem
Ford commended the Team's efforts as well as those of the apartment managers.
CONSFNT CALFN!~AR
1. Standard Ordinance Adol~tion Procedure
1.1
Motion to waive the reading of the text of all ordinances and resolutions
included in the agenda.
2. Resolution A91~roving list of r~emands
2.1 Adopt a resolution entitled:
RESOLUTION NO. 98-46
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 Re0ort as of April 30. 1998
3.1 Receive and file the City Treasurer's Report as of April 30, 1998.
Minutes\061698 4
__ Temec, ula City Council June 16. 1998
4. Purchase Orders for Plan Review Services
4.1
Approve the issuance of purchase orders for the performance of plan review
services totaling $80,000.00 to Esgil Corporation and VanDorpe Chou and
Associates.
Ai~l~ointment of Ad Hoc Rubcommittee to C~ther Information on School Imi~ct
Mitigation Fees
5.1
Appoint Mayor Roberts and Councilmember Stone to a temporary ad hoc
subcommittee of the City Council to gather information on School Impact
Mitigation Fees and report back to the Council within sixty (60) days on the
information received.
{Councilmen Lindemens abstained with regard to this issue.)
Tract Ma~ No. 73371-14 (located east of Temeku r~rive north of Royal Rirkdale
6.1
Approve Tract Map No. 23371-14 in conformance with the Conditions of
Approval;
6.2 Approve the Subdivision Improvement Agreement;
6.3
Approve the Subdivision Monument Agreement and accept the Faithful
Performance Bond, Labor and Material Bond and Monument Bond as security
for the agreements.
Accel;)t Public Im.orovements in Parcel Me,0 No. 78471-1 (located southwesterly of
the Intersection of Winchester Road and 7evo ~rive)
7.1
Accept the public street, water and sewer improvements, and subdivision
monumentation;
7.2
Authorize initiation of the one-year warranty period, release of the cash
deposits for the faithful performance portion of the combined Faithful
Performance and Labor and Materials security and for the monumentation
security;
7.3 Direct the City Clerk to so notify the Developer and Surety.
Minutes\061698 5
__ Tem~ula City Coun=il June 16. 1996
Amendment No. ~ to the Agreement for Professional Services with Albert A. Webb
Associates for the Pavement Management System - PrQject No. PW96-15
8.1
Approve Amendment No. 2 to the Professional Services Agreement between
the City of Temecula and Albert A. Webb Associates for the Pavement
Management System - Project No. PW96-15;
8.2
Authorize the Mayor to execute Amendment No. 2 to the Consultant on
behalf of the City in substantially the form attached to the Agenda Report.
(This Item was pulled and separately discussed; see page 7.)
9. Professional Services Agreement for Traffic Data Collection
9.1
Approve a Professional Services Agreement with Counts Unlimited, Inc. in the
amount of $12,857.00 to collect traffic data for the Circulation Element of
the General Plan update and authorize the Mayor to execute the contract;
9.2
Authorize the City Manager to approve change orders not to exceed the
contingency amount of $1,285.70 which is equal to 10% of the contract
amount.
10.
Award of Construction Contract for Installation of Flashing Reacons at Various
Locations - Project No. PW96-18
10.1
Award a construction contract for installation of the Flashing Beacons at
various locations to Macadee Electrical Construction in the amount of
$81,115.00 and authorize the Mayor to execute the contract;
10.2
Authorize the City Manager to approve change orders not to exceed the
contingency amount of $8,111.50 which is equal to 10% of the contract
amount.
11. Renewal of Annual Street Stril~ing Contract for FY98-99 - Project No. PW97-~8
11.1
Extend the Street Striping Contract with Pacific Striping, Inc. of Whittier for
Fiscal Year 1998-99 for a period of one (1) year beginning June 16, 1998,
and ending June 16, 1999, in an amount not to exceed $95,966.00.
Minutes\061698 6
__ Temecula Ci~ Council Jurm 16. 1998
12. Award of Contract P-blic Works rlel~artment M~intenance Work Order 97-98-01 -
Citywide Right-Of-Way Tree Trimming
12.1 Award a contract for Public Works Department Maintenance Work Order No.
97-98-01 to Golden Bear Arborist, Inc. in the amount of $16,988.25 and
authorize the Mayor to execute the contract;
12.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of ~1,698.83 which is equal to 10% of the contract
amount.
13. Purchase of MaDObjects Internet Map Server (IMS) Softw;re for the City's
Reograj~hic Information System (RIS)
13.1 Authorize the purchase of additional software for the City's GIS in the amount
of $20,310.
14. Second Reading of Ordinance No. 98-10
14.1 Adopt 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
MOTION: Councilman Stone moved to approve Consent Calendar Item Nos. 1 - 7 and 9 - 14
(Item No. 8 was pulled for separate discussion). The motion was seconded by Councilman
Lindemans and voice vote reflected unanimous approval with Councilman Lindemans abstaining
with regard to Consent Calendar Item No. 5.
Consent Calendar Item No. 8 discussed at this time.
8. Amendment No. ? to the Agreement for Professional Services with Albert A. Webb
Associates for the Pavement Management System - Project No. PW96-15
8.1 Approve Amendment No. 2 to the Professional Services Agreement between the
City of Temecula and Albert A. Webb Associates for the Pavement Management
System - Project No. PW96-15;
Minutes\061698 7
Ternecula Cltv Council June 16. 1998
8.2
Authorize the Mayor to execute Amendment No. 2 to the Consultant on behalf
of the City in substantially the form attached to the Agenda Report.
Public Works Director Kicak presented the staff report (of record), clarifying that the 119 day
time extension only pertains to the area south of Winchester Road to Rancho California Road,
noting that it will not impact the time schedule for the Overland Overcrossing.
MnTInN: Mayor Pro Tem Ford moved to approve Consent Calendar Item No. 8. The motion
was seconded by Councilman Undemans and voice vote reflected unanimous approval.
After a short recess, at 8:25 P.M., the City Council convened as the Temecula Community
Services District, the Temecula Redevelopment Agency, and the Winchester Hills Financing
Authority. During which time, the following joint item was discussed with the Redevelopment
Agency: Old Town Streetscape Construction Period Incentives and Old Town Billboard Lease.
At 8:40 P.M., the City Council resumed with regularly scheduled City Council business.
COUNCl! BUSIN!:SS
15.
Consideration of adol;)tion of two Resolutions of Necessity for the Ac(luisition in Fminent
riomain of Property for Street Improvement and Road Widening I~urposes in connection
with the Margarita Road and C)verland Drive Iml;)rovement Projects
15.1
Consider Resolution No. 98-48, a Resolution of Necessity of the City of
Temecula declaring certain property necessary for public purposes and
authorizing the acquisition thereof in connection with Margarita Road
Improvement Project;
15.2
Open and conduct a hearing on the adoption of the proposed Resolution of
Necessity, receive from staff the evidence stated and referred to in this report,
take testimony from any person wishing to be heard on issues A, B, C, and D
below, and consider all the evidence to determine whether to adopt the proposed
Resolution, which requires a unanimous or 4/5ths vote;
15.3
If the City Council finds, based upon the evidence contained in and referred to
in this report, the testimony and comments received in this hearing, that the
evidence warrants the necessary findings with respect to the proposed
Resolution of Necessity, then the staff recommends that the City Council, in the
exercise of its discretion, adopt proposed Resolution No. 98-48 (which requires
a 4/Sths vote of the entire Council) and the following authorize that eminent
domain proceeding be filed to acquire the subject property interests:
Minutes\061698 8
__ Terne~ula City Council June 16. 1998
15.4
15.5
15.6
15.7
RESOLUTION NO. 98-48
A RESOLUTION OF NECESSITY OF THE CITY OF TEMECULA
DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC
PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN
CONNECTION WITH THE MARGARITA ROAD IMPROVEMENT
PROJECT
Consider adoption of proposed Resolution No. 98-49, a Resolution of Necessity
of the City of Temecula declaring certain real property necessary for public
purposes and authorizing the acquisition thereof in connection with the Overland
Drive Improvement Project;
Open and conduct a hearing on the adoption of the proposed Resolution of
Necessity, receive from staff the evidence stated and referred to in this report,
take testimony from any person wishing to be heard on issues A, B, C, and D
below, and consider all the evidence to determine whether to adopt the proposed
Resolution, which requires a unanimous or 4/Sths vote;
If the City Council finds, based upon the evidence contained in and referred to
in this report, the testimony and comments received in this hearing, that the
evidence warrants the necessary findings with respect to the proposed
Resolution of Necessity, then the staff recommends that the City Council, in the
exercise of its discretion, adopt proposed Resolution No. 98-49 (which requires
a 4/5ths vote of the entire Council) and the following authorize that an eminent
domain proceeding be filed to acquire the subject property interests:
RESOLUTION NO. 98-49
A RESOLUTION OF NECESSITY OF THE CITY OF TEMECULA
DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC
PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN
CONNECTION WITH THE OVERLAND DRIVE IMPROVEMENT
PROJECT
If the resolutions are approved, approve a warrant payable to Arthur Sims,
Executive Officer, Superior Court of the State of California for either the County
of Riverside, for the deposits required to be made with the Court to obtain an
Order of possession in the amount of $96,550.00 (Eli Lilly & Co.) or payable
directly to Eli Lilly & Co. in the event a stipulation for immediate possession is
entered into between the parties;
Minutes\O61698 9
__ Teme~ula City Council June 16, 1996
15.8 Authorize the City Manager to execute all necessary documents.
City Attorney Thorson reviewed the detailed staff report (of record), clarifying that any
discussion/action required this evening will only pertain to the findings, not to money or offer
made. Mr. Thorson advised that the property owner may speak with regard to this issue.
At this time, Mayor Roberts offered the property owner the opportunity to address the Council.
The property owner was not in attendance of the meeting.
MnTION: Councilman Stone moved to approve 15.1, 15.2, and 15.3, including the adoption
of Resolution No. 98-48. The motion was seconded by Councilman Comerchero. (Voice vote
vote reflected unanimous approval; see below.)
For Councilman Comerchero, City Attorney Thorson reiterated that the Council's action is not
a hostile attempt to obtain the property; that Eli Lilly & Co. has deemed it in their best interest
for the City to proceed in this manner and, therefore, are not adverse to this action and are
aware of this evening's meeting.
At this time, voice vote of the previously made motion reflected unanimous approval.
MenTION: Councilman Stone moved to approve 15.4, 15.5, 15.6, 15.7, and 15.8, including the
adoption of Resolution No. 98-49. The motion was seconded by Councilman Comerchero and
voice vote reflected unanimous approval.
16. Planning Commission AI;Loointments
16.1
Appoint two applicants to serve a full three-year term on the Planning
Commission and one applicant to serve an unexpired term which will expire June
4, 1999.
Having served on the Council Subcommittee with Councilman Comerchero, Mayor Roberts
reviewed the interview and selection process and highlighted the Subcommittee's
recommendation.
Relaying Mr. Naggar's continual willingness to serve the City, Councilman Lindemans
recommended the appointment of Mr. Mike Naggar to the Planning Commission.
Viewing Mr. Darrell Connerton and Mrs. Maryann Edwards as just a few of the other very
qualified individuals, Councilman Stone commented on these individuals' experience as well as
their willingness to serve the City; concurred with Councilman Lindemans' suggestion to
appoint Mr. Naggar; and commented on the benefits derived by appointing individuals with
different professional backgrounds to create a well-rounded Planning Commission.
Minutes~061698 10
~ Ternecula Ci~ Council June 16. 1998
MOTICON: Councilman Lindemans moved to appoint Mr. Mike Naggar to serve a full three-year
term. The motion was seconded by Councilman Stone. (Voice vote reflected unanimoua
approval; see below.)
In light of Mr. Dennis Chiniaeff's work involvement with the Pechanga Entertainment Center,
Mayor Pro Tem Ford expressed a concern of a potential conflict of interest which would require
an abstention and, thereby, would result in the Commission's loss of his expertise. Mr. Ford
suggested to appoint Mr. Andy Webster and Mr. Mike Naggar to the full three-year term. In
light of the potential conflicts with Mr. Rich Soltysiak because of his involvement with regional
transportation issues, Mr. Ford suggested to appoint Mr. Rich Soltysiak to fill the unexpired
term ending June 4, 1999.
At this time, voice vote on the previously made motion reflected unanimous approval.
MOTION: Councilman Undemans moved to appoint Mr. Rich Soltysiak to fill the unexpired term
ending June 4, 1999. The motion was seconded by Councilman Comerchero and voice vote
reflected unanimous approval.
MOTION: Mayor Pro Tern Ford moved to appoint Mr. Andy Webster to fill a full three-year term.
The motion was seconded by Mayor Roberts and voice vote reflected unanimous approval.
Mayor Roberts thanked all the individuals who had applied for an appointment and encouraged
each one to reapply at a future time.
Councilman Comerchero recommended that in the future, all Commission appointments should
be subject to an interview process.
17 Iml~lementation of Sl~ecial Tax - Measure C
17.1 Adopt a resolution entitled:
RESOLUTION NO. 98-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX
LEVY FOR FISCAL YEAR 1998-99 TO PROVIDE FOR RECREATION
AND COMMUNITY SERVICES PROGRAMS AND THE OPERATION,
MAINTENANCE AND SERVICING OF PUBLIC PARKS AND
RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND
ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS
Acting Director of Community Services Parker presented the staff report (of record).
Minutes\061698 11
__ Temecula City Council June 16. 1998
Addressing the success of Measure C, echoed by Councilman Comerchero, Councilman Stone
briefly commented on the net decrease in taxes for this year.
Mt3TION: Councilman Stone moved to adopt Resolution No. 98-50. The motion was seconded
by Councilman Comerchero and voice vote reflected unanimous approval.
18. Traffic Signal UDdate
18.1 Oral Report presented by Public Works Director Kicak.
Providing a brief update, Public Works Director Kicak advised that the signal should be
operational by the end of June.
CITY MANAR!=R'S RFPORT
No comments.
CITY ATTORN;Y'S R!=PORT
City Attorney Thorson made the following comments with regard to Closed Session Items:
Item No. 1
City Council gave direction to staff on negotiation but no action
reportable, under the Brown Act, was taken;
Item Nos. 2 and 4
City Council set just compensation and directed staff to prepare
an offer for acquisition of those properties;
Item Nos. 3 and 5 City Council gave staff direction with respect to negotiations.
With regard to a public comment issue by Mrs. Kearns at the last City Council meeting, Chief
Building Official Elmo advised that after review of her complaint, he discovered that Mrs. Kearns
was issued a Notice of Violation which is a warning and a precursor to a citation; that there
was no action on staff's part to single out Mrs. Kearns' business; and that staff has been
involved with this particular business four times since February 1998.
With regard to Mrs. Boysen's complaint, Public Works Director Kicak noted the following:
that Mrs. Boysen's fence line considerably encroaches the property to the south;
that Mrs. Boysen's existing pilasters are located in the public right-of-way and
will have to be removed if the street were to be widened;
that on two occasions the drainage channel had been cleared of debris;
that the Magnolia tree which was inadvertently removed by the subcontractor
was actually located in the public right-of-way and not on Mrs. Boysen's
property; that the developer has offered to replace the magnolia tree with an
even larger tree;
Minutes\061698 12
__ Temecula City Council June 16. 1996
that the paving of Margarita Road was rescheduled on a Saturday morning in
order to accommodate a wedding and associated parking which was hosted at
Mrs. Boysen's business.
AnJOURNM;NT
At 9:34 P.M., Mayor Roberts formally adjourned the City Council meeting to Tuesday, June 23,
1998, at 7:00 P.M.
Ron Roberts, Mayor
ATTEST:
· Jones, (~MC
rk ~
[SEAL]
Minutes\061698 13