HomeMy WebLinkAbout062398 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
JUNE 23, 1998
C! OS!=n S!:SSION
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 the northwest corner of La Paz Road and
State Route 79, APN 922-190-25 (approximately 3.09 acres). The negotiating parties are the
City of Temecula, Riverside County and Mike Moramarco. 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 and leasing of real property located at 28497, 28485, 28559 &
28565 Pujol Street. The negotiating parties are the Redevelopment Agency of the City of
Temecula and Affirmed Housing/Temecula Gardens, LLP. Under negotiation are the price and
terms of payment of the real property interests proposed to be acquired.
3. Conference with City Attorney pursuant to Government Code Section 54956.9(b) with
respect to two matters 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.
4. Conference with real property negotiator pursuant to Government Code Section 54956.8
concerning the acquisition of real property located at 42051 Main Street (APN 922-036-020).
The negotiating parties are the City of Temecula/Redevelopment Agency of the City of
Temecula and Lorraine Clark. Under negotiation are the price and terms of payment of the real
property interests proposed to be acquired.
ROLL CA! L
PRESENT:
Councilmembers:
Comerchero, Ford, Lindemans, Stone,
and Roberts.
ABSENT: Councilmember: None.
PRI:LUD!: MUSIC
The prelude and intermission music was provided by Katie Jones.
Minul~
Temeculo City Council Juno 23. 1998
INVOCATION
The invocation was given by Father Charles Patron of St. Catherine's Catholic Church.
ALl F~IANCF
The audience was led in the Flag salute by Councilman Comerchero.
PR!:S!:NTATION-~/PRO C! ~.MATI~NS
Presentation of ~overnment Finance Officers Association Award for 1997-98 Annual Operating
Commending Finance Director Roberts as well as Finance Department staff on a job well done,
City Manager Bradley presented the Distinguished Budget Presentation Award to Ms. Roberts.
Presentation by M;intenance Superintendents' Association (MSA}
Mr. Greg Caine briefly reviewed the makeup of this association and the purpose for its
formation and advised that each year the Inland Empire Desert Chapter of MSA selects one
manager to receive the prestigious Manager of the Year Award. At this time, Mr. Caine
announced this yeads award recipient and congratulated Maintenance Superintendent Buron.
Student of the Year Certificates
Commending these students on their achievement, Mayor Roberts announced the names of the
Students of the Year and Certificates of Achievement were presented to those students in
attendance.
Certificate of Apj~reciation to Sally Myers
Mayor Roberts expressed appreciation to Ms. Myers and presented to her a Certificate of
Appreciation for her dedication to the Temecula Valley Chamber of Commerce Student of the
Month and Student of the Year program.
Certificate of Appreciation to Fve Craig
Thanking Ms. Craig for efforts in organizing the prelude and intermission music for the City
Council meetings, Mayor Roberts presented to her a Certificate of Appreciation.
Certificate of Achievement Award to Tyson Wells for I;agle Scout
Commending Tyson Wells on achieving the highest honor in Scout, Mayor Roberts presented
to Mr. Wells a Certificate of Achievement.
Minutes~062398
Teme~ula City Council June 23. 1998
PUBIIC COMM;NTS
A. With regard to comments made by Chief Building Official Elmo at the June 16, 1998,
City Council meeting, Ms. Jeanne Kearns, Gently Used Furniture, 27250 Madison Avenue,
further addressed the issue of recent Code enforcement efforts against her business; disputed
the fact of storing merchandise outside; and by way of pictures, further elaborated on other
Code violations throughout the City which are in need of enforcement.
In response to Councilman Stone, Ms. Kearns clarified a picture dated May 23, 1998, advising
that she was informed that she is no longer permitted to store merchandise in the abbreviated
parking space but that the merchandise stored along the front of the store is within Code.
For Councilman Stone, Chief Building Official Elmo briefly reviewed enforcement actions taken
against other businesses in the City, ensuring Ms. Kearns that selective enforcement was not
an issue; advised that because of limited staff and considering the workload, Code enforcement
operates on a reactive basis, which achieves spot checks throughout the City on a complaint
basis and eliminates the appearance of selective enforcement.
B. By way of pictures, Mr. Lou Kashmere, 29115 Front Street, requested the City's
assistance in controlling the sand and gravel debris generated from the cement plant.
Mrs. Sharon Kashmere, 29115 Front Street, echoed Mr. Kashmere's concerns.
Noting that this has been an on-going problem, Mayor Pro Tem Ford requested that staff
immediately address this matter.
Concurring with Mayor Pro Tem Ford's comment, Councilman Stone noted that the
business responsible for the debris should be held accountable.
City Manager Bradley advised that the business owner would be immediately contacted.
C. Referencing written communication previously submitted to the City Council, Mr. Harold
Meyers and Gary Scheurell, 30930 Corte Arroyo Vista, informed the Councilmembers of their
recent purchase of a lot near the DMV; advised that escrow should be closing July 6, 1998;
and noted that last week, they were informed to sign an Agreement to waive rights to vote on
an Assessment District for the Western Bypass. Relaying their objection to signing such an
Agreement, Mr. Meyers and Mr. Scheurell requested the Council's consideration.
CITY COUNCIl R!:PORTS
A. Having attended a meeting at which the proposed repeal of the State Vehicle License
Tax was discussed, Councilman Comerchero advised that Senator Haynes had clarified that his
proposal does include a 100% backfill out of the State General Fund. In the event of a possible
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~ Temecula C#v Council June 23. 1996
recession, Mr. Comerchero expressed his concern with the vulnerability of this backfill and,
therefore, at this point in time, relayed his opposition to the repeal of the Vehicle License Fee
(VLF).
B. Councilman Comerchero reminded the residents that Monday, July 13, 1998, will be the
first Councilman's Night In (scheduled for every second Monday of the month), noting that
appointments may be made through the City Manager's Office.
C. Because of other City commitments, Councilman Stone advised of his inability to
participate in the Councilman's Night In program but offered to the residents his willingness to
meet on an alternative night.
D. Because of speeding and cut-through traffic concerns near Del Rey Road, which were
relayed to him by Meadowview residents, Councilman Stone advised that he had spoken to
Police Chief Labahn and requested that the speed monitor be placed in the area and that radar
officers further monitor the area.
E. Further addressing the repeal of the Vehicle License Fee, Mayor Roberts advised that
Assemblyman Thompson expressed his opposition to the repeal until some form of assurance
can be given with regard to State backfill. Mayor Roberts noted that the League of California
Cities as well opposes the repeal.
With regard to the VLF repeal, City Manager Bradley advised that Governor Wilson's
office has been apprised of the City's opposition as well as its desire for constitutional
protection.
F. Mayor Roberts requested that the Traffic and Public Safety Commission review the
possibility of utilizing a sign entitled "No parking entire block." Mr. Roberts noted that such a
sign would be visually less intrusive on the City than the painting of red curbs.
CONSFNT CAll FNnAR
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.
A~,oroval of Minutes
2.1 Approve the minutes of May 26, 1998.
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Ternecula City Counc.~ June 23. 1996
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o
Resolution Approving list of Demands
3.1 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
Contract Inspection Services for Building and Safety
4.1 Approve and authorize the Mayor to execute an Agreement with JAS Pacific,
Inc. for Building Inspection Services for Fiscal Year 1998-1999 for an amount
of thirty thousand dollars ($30,000.00).
A~peal of 1997-98 Temecula Parks/Street lighting Tax: Temecula Creek Inn ~olf
Course - Re(;luest for Continuance
5.1 Approve the request for continuance off-calendar concerning the appeal of
the Temecula Creek Inn Golf Course.
Resolution Adopting FY1998/99 Solid Waste Rates
6.1
Adopt a resolution entitled:
RESOLUTION NO. 98-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE SOLID WASTE RATES FOR FISCAL
YEAR 1998/99
Acceptance of ~rants of Easements for Tuscany Ridge A4~artments PA97-0089
(Margarita Road easterly of Moraga Road)
7.1
Adopt a resolution entitled:
RESOLUTION NO. 98-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN GRANTS OF EASEMENTS FOR
STREET RIGHT OF WAY, BUS TURN OUT, AND STORM DRAIN
PURPOSES FOR TUSCANY RIDGE APARTMENTS PROJECT PA97-
0089 BUT NOT ACCEPTING THESE EASEMENTS INTO THE CITY-
MAINTAINED STREET SYSTEM AT THIS TIME
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Temecula City Council June 23. 1998
o
Professional Services Agreement with Albert A. Webb Associates for Constr~,ction
Contract Administration for the Old Town Streetscalve Project - Project No. PW97-0§
8.1
Approve a Professional Services Agreement with Albert A. Webb Associates for
Construction Contract Administration and Inspection Services for the Old Town
Streetscape Project - Project No. PW97-05 - in the amount of $206,395.00 and
authorize the Mayor to execute the contract;
8.2
Authorize the City Manager to approve change orders not to exceed the
contingency amount of $20,639.50 which is equal to 10% of the contract
amount.
Councilman Stone abstained with regard to this issue.
Professional Geotechnical Services Agreement for Old Town Streetsc~toe Project -
Project No. PW97-05
9.1
Approve a Professional Geotechnical Services Agreement with C. H. J.,
Incorporated in an amount not to exceed $30,000.00 for geotechnical
investigation of the storm drain and street pavement structural sections for the
Old Town Streetscape Project - Project No. PW97-05 - and authorize the Mayor
to execute the contract;
8.2
Authorize the City Manager to approve change orders not to exceed the
contingency amount of $3,000.00 which is 10% of the contract amount.
Councilman Stone abstained with regard to this issue.
10.
Solicitation of Construction Rids and AOlDroval of the Plans and SI;)ecifications for the
Winchester Road Sidewalk Project - Project No. PW97-19
10.2
Approve the Construction Plans and Specifications and authorize the Department
of Public Works to solicit public construction bids for the Winchester Road
Sidewalk Project - Project No. PW97-19.
11. Amendment to Contract with David Turch and Associates
11.1
Approve an amendment to the contract with David Turch and Associates which
extends the contract period to June 30, 1999 and increases the annual contract
amount to $28,000.
12.
AcCluisition of Real Prol~erty at Northwest Corner of Highway 79 South and ! ~ Paz Road
¢Moramarco) for Highway Widening and Park and Ride Facility
12.1 Adopt a resolution entitled:
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Teme~ula City Council June 23. 1996
RESOLUTION NO. 98-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN ACQUISITION
AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE
COUNTY OF RIVERSIDE FOR THE ACQUISITION OF CERTAIN
REAL PROPERTY AT THE NORTHWEST CORNER OF HIGHWAY
79 (SOUTH) AND LA PAZ ROAD
Mr]TION: Councilman IJndemans moved to approve Consent Calendar Item Nos. 1 - 7 and 10 -
12. The motion was seconded by Councilman Stone and voice vote reflected unanimous
approval.
MOTION: Councilman Lindemans moved to approve Consent Calendar Item Nos. 8 and 9. The
motion was seconded by Mayor Pro Tem Ford and voice vote reflected unanimous approval
with the excel;)tion of Councilman Stone who abstained.
At 8:02 P.M., the City Council convened as the Temecula Community Services District, the
Temecula Redevelopment Agency, end the Winchester Hills F'mancing Authority. At 8:33 P.M.,
after a short recess, the City Council resumed with regularly scheduled City Council business.
C~IUNCI!
13. Planning ADplication No. PA95-0130 (Development Agreement Amendment)
13.1 Adopt a resolution entitled:
RESOLUTION NO. 98-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING A NEGATIVE DECLARATION AND THE
MITIGATION MONITORING PROGRAM FOR PLANNING
APPLICATION NO. PA95-0130
13.2 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 98-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN DEVELOPMENT
AGREEMENT ENTITLED SECOND AMENDMENT TO
DEVELOPMENT AGREEMENT NO. 90-1, WITH WESTSIDE
BUSINESS CENTRE, LLC, A CALIFORNIA LIMITED LIABILITY
COMPANY
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Teme~ula City Counc.,il June 23. 1998
13.3 Adopt a resolution entitled:
RESOLUTION NO. 98-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED
PARKLAND IMPROVEMENT AGREEMENT, FOR THE MURRIETA
CREEK PILOT PARK
By way of overheads, Community Development Director Thornhill, in detail, reviewed the staff
report (of record), noting, as per the City Attorney, that the concern raised by Rancho California
Water District would be a civil matter between the District and the owner and advising that the
two one-acre parcels are located along an earthquake fault line.
Ms. Jeannie Gillen, 30195 Del Rey Road, Citizens Coalition for the Murrieta Creek Pilot Project,
noted that the proposed development of this five-acre pilot park would not be representative
of the level of development for the entire 1 1-mile Creek distance, clarifying that this pilot
project would reflect would could be accomplished.
Addressing the issue of security, City Attorney Thorson noted that the City Council may choose
any type of security, noting that bonds are traditionally chosen; that problems arise with the
enforcement of bonds but that more problems arise with the enforcement of a Deed of Trust
on a property; that a letter of credit or certificate of deposit has been previously used as
security without any problems; that bonding is for the alternative in the event the pilot park
were not built within two years; and that, at which time, the obligation would be to complete
the landscape and irrigation plans at a minimum, noting that bonding is for the minimum.
Councilman Lindemans suggested that the two one-acre parcels be released to Mr. Dendy so
that he may proceed with development plans and that the remaining five acres (pilot park) be
discussed at a future meeting.
Commenting on the developer's willingness to build the pilot park, Mayor Pro Tem Ford noted
that this particular area of discussion will serve as an entry way for the west side of the City.
Mr. Ford encouraged the City Council to approve a security amount and stated that if the
developer were not to complete the park within two years, he would then be responsible for
its maintenance.
Acting Community Services Director Parker noted that the City's annual cost for on-going
maintenance for the five-acre pilot park would be approximately $34,000.
Mr. Bill Dendy, Westside Business Centre, advised that the five-acre pilot park area was
originally designated to be a minimum linear park for erosion-control purposes. He requested
that the City Council release the two one-acre parcels (Lots 12 and 95); advised that he would
be willing to issue a bond to build a linear park on the five-acre parcel; requested that he be
given the opportunity to receive three landscaping bids; and noted that this five-acre area would
Minutes\062398 8
Temecula City Council June 23. 1998
be donated to the property owners' association; at which time, all maintenance would be
managed through the association, relieving the City of any obligation to maintain.
Although voicing no objection to releasing the two one-acre parcels to Mr. Dendy, Councilman
Comerchero relayed his reservation with the five-acre pilot park project for the following
reasons: unaware of future plans for the remaining five miles of Creek located within the City;
project should follow the City's process as other projects; project is not financially supported
by the Special Tax; and unaware of full financial exposure. In closing, Mr. Comerchero voiced
no opposition to refund fees incurred with regard to the pilot project at the time the property
is deeded to the City.
Councilman Stone also noted no objection to releasing the two one-acre parcels and to Mr.
Dendy developing the park to base standards or working with the Coalition to discuss
enhancements.
In light of the Council's discussion, City Attorney Thorson advised that the following
amendments would have to be made to the Development Agreement:
that release of the two linear parks in the interior of the project would be
granted;
that Mr. Dendy build the pilot park project or develop the land in compliance with
the existing landscaping standards of the two one-acre parcels;
that the City would have the ability to accept the park;
that technical changes were necessary to the Consent to the legal description.
After additional discussion with regard to security of the pilot park project, it was the
consensus of the Council that the developer obtain three bids from reputable landscapers, with
the City approving the three chosen firms, and that the bond be based on the lowest bid.
MOTION: Councilman Stone moved to continue Agenda Item No. 13 to the July 14, 1998, City
Council meeting. The motion was seconded by Councilman Lindemans and voice vote reflected
unanimous approval.
Agenda Item No. 15 discussed out of order.
COUNCl! RUSINr:SS
15. Murrieta Creek Pilot Project, Diaz Road at Winchester Road - Plan Check and Map Fees
15.1 Approve waiver of Plan Check and Inspection Fees for development of the
Murrieta Creek Pilot Park Project.
Speaking in support of the Creek pilot park project, Ms. Jeannie Gillen, 30195 Del Rey Road,
referenced her letter (of record); thanked the City Council and City staff for their support,
assistance, and cooperation with this project; advised that this pilot park project has been
Minutes\062398 9
.__ Telnebula City Council June 23. 1996
reviewed and approved according to the standards of the City; and requested that the City, in
its gesture of support, consider waiving the planning and inspection fees totaling approximately
$9,000.
In light of the Council's action with regard to Agenda Item No. 13 (Development Agreement
Amendment), Councilman Lindemans offered the following motion:
MOTION: Councilman IJndemans moved to continue Agenda Item No. 15 to the July 14, 1998,
City Council meeting. The motion was seconded by Councilman Stone and voice vote reflected
unanimous approval.
Councilman Comerchero reiterated his concern with the City not knowing the future plans of
the remaining five miles of Creek within the City and its associated costs.
Councilman Stone relayed his support of the community interest to develop this property.
At this time, Council returned to Agenda Item No. 14
PUBLIC H;~RINnS
14. Annual Adjustment of Develol~ment Iml~act Fees
14.1 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
Senior Management Analyst Kuhns provided an overview of the staff report (as per agenda
material).
Mayor Pro Tern Ford requested that clarification be provided with regard to the industrial
vacancy rate for 1994-95, 1995-96, 1996-97.
Councilman Lindemans relayed no objection to the proposed 10% increase in non-residential
development impact fees as long as the City can ensure that there is a healthy growth within
the City.
Minutes\062398 10
Temeoula City Council June 23. 1998
In light of the vacancy rate discrepancy between Dr. Husing's 7% figure and Mr. Dendy's
1 1 1/2% figure, it was the consensus to continue this Agenda Item to a future City Council
meeting and to invite Dr. Husing to that meeting in order to address this discrepancy as well
as other questions.
MOTInN.- Councilman Stone moved to continue Agenda Item No. 14 to a future meeting and
to invite Dr. Husing to this meeting in order to address Council questions. The motion was
seconded by Councilman Lindemans and voice vote reflected unanimous approval.
COUNCI! I~USIN!=SS - continued
16. Review and Ado13tion of FY 1998-99 Annual ODerating Budget
16.1 Adopt a resolution entitled:
RESOLUTION NO. 98-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, ADOPTING THE FY1998-99 ANNUAL
OPERATING BUDGET AND ESTABLISHING CONTROLS ON
CHANGES IN APPROPRIATIONS FOR THE VARIOUS
DEPARTMENT BUDGETS
16.2 Adopt a resolution entitled:
RESOLUTION NO. 98-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, REVISING THE SCHEDULE OF
AUTHORIZED POSITIONS
City Manager Bradley reviewed the staff report, highlighting the City's continued efforts to
concentrate on public safety costs.
Mayor Roberts requested that one of the two Building and Safety vehicles to be purchased be
a 1998 Ford Ranger EV which is an electric model.
MOTION: Councilman Lindemans moved to adopt Resolution Nos. 98-55 and 98-56 as
amended, reflecting Mayor Roberts' request for one 1998 Ford Ranger EV. The motion was
seconded by Councilman Stone and voice vote reflected unanimous approval.
Because the Community Service Funds program has been increased, Councilman Comerchero
requested the Councilmen's support, at a future date, to consider the support of creating two
community service scholarships ($1,000 each) to be awarded to those students who have
demonstrated community service beyond all others.
Minutes\062398 11
~ Temecula City Council June 23. 1998
MOTION: Councilman Lindemans moved to extend the Council meeting to 10:15 P.M. The
motion was seconded by Councilman Stone and voice vote reflected unanimous approval.
17. Adol~tion of the FY1999-03 Ca.oital Iml~rovement Program
17.1 Adopt a resolution entitled:
RESOLUTION NO. 98-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM
FOR FY1999-03 AND ADOPTING THE CAPITAL IMPROVEMENT
BUDGET FOR FY1998-99
City Manager Bradley reviewed the staff report (of record), briefly commenting on the nine
major circulation projects which are to be expected to be completed by December 31, 1999.
MOTION: Councilman Lindemans moved to adopt Resolution No. 98-57. The motion was
seconded by Mayor Pro Tern Ford and voice vote reflected unanimous approval with the
excel~tion of Councilman Stone who abstained with regard to Old Town Improvements within
the Capital Improvement Program.
18. Traffic Signal Ul~date
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 week of July 13, 1998.
CITY MANAC~!=R'S R!:PORT
No comments.
CITY ATTORNFY'S R!=PORT
City Attorney Thorson made the following comments with regard to Closed Session Items:
Item No. 1 approved;
Item No. 2 will be reviewed by the City Council in open session at the July
14, 1998, City Council meeting;
Item No. 3 City Council direction was provided;
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Temecula City Coundd June 23. 1998
Item No. 4 City Council direction was provided.
City Attorney Thorson recommended that the Flood Plane Management Ordinance be discussed
at an upcoming meeting to ensure its compliance with certain CEQA regulations.
Mayor Roberts reminded and invited everyone to attend the upcoming Fourth of July festivities.
AnJOURNM;NT
At 10:06 P.M., Mayor Roberts formally adjourned the City Council meeting to Tuesday, July
14, 1998, at 7:00 P.M.
Ron Roberts, Mayor
ATTEST:
Jones,
[SEAL]
Minutes\062398 13