HomeMy WebLinkAbout072898 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
JULY 28, 1998
CLOSED SESSION
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 Govemment Code Sections:
1. 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), 28545
Front Street (APN 922-035-001), 28677 Front Street (APN 922-045-017), 28735 Pujol Street (APN
922-062-019), 28731 Pujol Street (APN 922-062-016), 28725 Pujol Street (APN 922-062-010), 42291
Sixth Street (APN 922-052-011), no situs (APN 922-053-080), 41830 Sixth Street (APN 922-031-
018), 41858 Fifth Street, (APN 922-031-009), 41843 Fifth Street (APN 922-022-010). The
negotiating parties are the City of Temecula/parcels of Redevelopment Agency of the City of
Temecula and Lorraine Clark, Ladd Penfold, Cadeus Properties, Ladanyi, Rutner, Corbin, Ciais, Otto
lot, Pelonero, Valencia, and Eppenger. Under negotiation are the pdce and terms of payment of the
real property interests proposed to be conveyed and/or acquired.
2. Conference with real property negotiator pursuant to Govemment Code Section 54956.8
concerning the acquisition of real property located at a portion of the Palm Plaza Shopping Center
located generally at the southwest corner of Winchester Road and Ynez Road (APN 910-300-001,
-005, -006. 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.
3. Conference with City Attorney and legal counsel pursuant to Government Code Section
54956.9(b) with respect to three matters of potential litigation. With respect to each matter, the City
Attomey 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.
At 7:01 P.M., the City Council meeting was reconvened to discuss regularly scheduled City Council
items.
ROLL CALL
PRESENT:
Councilmembers: Comerchero, Ford, Stone,and Roberts.
ABSENT:
Councilmember: Linderoans.
PRELUDE MUSIC
The prelude and intermission music was provided by Eve Craig.
INVOCATION
The invocation was given by Mayor Pro Tern Ford.
Minutes~082898 1
ALLEGIANCE
The audience was led in the Flag salute by Mayor Pro Tem Ford.
PRESENTATIONS/PROCLAMATIONS
Native American Indian Herita.qe Month Proclamation
Mayor Pro Tem Ford presented the Proclamation to Mr. Clarence Madden.
Certificate of Honor [o Carol Scoff - 1998 Temecula Good Neighbor Recil~ient
Mayor Pro Tem Ford presented the Certificate of Honor to Mrs. Carol Scott.
PUBLIC COMMENTS
A. Referencing his letter of record (copies submitted to the Council), Mr. John Broderick, 40612
Nob Court, relayed his dismay with the appearance of the existing barricade on Kahwea Road.
Because this barricade causes a limited accessibility to the neighborhood, Mr. Broderick commented
on safety iss[les and requested that the barricade be removed and that Kahwea Road be opened.
Public Works Director Kicak advised that staff will explore the options of opening the
barricade and/or closing it and that this information would be forwarded to the Traffic and Safety
Commission for review and recommendation.
Having visited the area of discussion, Mayor Pro Tem Ford viewed the situation as unsafe
and recommended that the barricade be either temporarily removed or closed during this review
period.
B. Mr. Clarence Madden, 45333 Zuma Drive, requested the City CouncilDs sponsorship of the
World Youth Studen! Travel Conference which has been scheduled 9~27 - 10/3/98 in Miami, Florida.
C. Mrs. Cathy Martinez, 45337 Silverado Lane, discussed the on-going traffic problem on
Highway 79 S and Pala Road and requested a resolution to the problem.
Councilman Stone requested that Mrs. Martinez leave her phone number with staff and that
she will be contacted to discuss the matter.
CITY COUNCIL REPORTS
A. Councilman Stone advised that he has spoken with Mr. Hoffman with regard to the
installation of sidewalks at Nicolas School, noting that the project has been rebid; that the contract
should be awarded within 35 days; and that the project should be completed within a two-week
period.
B. With regard to the sidewalks at Nicolas School, Mayor Pro Tern Ford suggested that a letter
be sent to the County requesting that the existing drainage problem be addressed.
Minutes~082898 2
C. Having visited the County's Website, Mayor Pro Tem Ford noted that the City of Temecula
map designation is not easily accessible as are other cities.
D. Mayor Pro Tem Ford requested that the Mayor and he once again meet with the City of
Murrieta to address traffic issues.
E. Advising that he will be attending a Riverside County Habitat Agency meeting on Wednesday,
July 29, 1998, Mayor Pro Tem Ford commented on the need to retain the RCHA and encouraged
the potential impacted cities within the County to work together with regard to the multi-species
issues.
F. Mayor Roberts informed the public that the Board of Supervisors has approved the funding
for the French Valley Fire Station No. 83, noting that its opening will assist the response time on the
east side of the City; that the Station has been built; and that it should be staffed and operational by
September.
Mayor Roberts requested that a letter of appreciation be forwarded to the Board of
Supervisors.
CONSENT CALENDAR
Standard Ordinance Adoorion Procedure
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda.
Aoproval of Minutes
2.1 Approve the minutes of June 23, 1998.
3. Resolution Ap[~rovin.a List of Demands
3.1 Adopt a resolution entitled:
RESOLUTION NO. 98-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS
SET FORTH IN EXHIBIT A
Records Destruction A~roval
4.1 Approve the scheduled destruction of certain City records in accordance with the City
of Temecula approved Records Retention Policy.
Minutes~082898 3
o
Authorizatiorl to Execute A~reements for the Use of 1998-99 Fiscal Year Community
Development Block Grant Funds
5.1
Authorize the Mayor to execute the Supplemental Agreement for the 1998-99 Fiscal
Year Community Development Block Grant Funds;
5.2
Authorize the Director of Finance to execute a Sub-Recipient Agreement with the
Valley Intervention Program for Tots (VIP Tots) for administration of the 1998-99
Fiscal Year Community Development Block Grant Funds.
Accelpt Subslitute Labor and Materials Security in Parcel MaD No. 28471-1 ('located
southwesterly of the intersection of Winchester Road and Zevo Drive
6.1
Accept the Substitute Labor and Materials security for public street, and water and
sewer improvements;
6.2 Authorize release of the cash deposit which secured Labor and Materials;
6.3 Direct the City Clerk to so notify the Developer and Surety.
Authorize Deletion of Condition of Approval for Street Li.c!htin= as Public Improvement
Re(~ulrement in Tract Nos. 21818, 21821, and 23583 (Meadowview Area):
7.1 Adopt a resolution entitled:
RESOLUTION NO. 98-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DELETING CONDITION OF APPROVAL FOR TRACT
NOS. 21818, 21821, AND 23583 WHICH REQUIRED STREET
LIGHT INSTALLATION IN THE MEADOWVIEW AREA
Accept Public Improvements in Tract No. 21818 subiect to City Council Resolution No. 98-
deletin¢l Public Street Li.clhtin.Q in the Meadowview Area (westerry of intersection of Via Notre
at Kahwea Road)
8.1 Accept the Public Improvements in Tract No. 21818 subject to the approval of City
Council Resolution No. 98-71 which deletes the Condition of Approval requiring
Public Street Lighting in the Meadowview area;
8.2 Authorize reduction in Faithful Performance securities to the ten percent (10%)
warranty level, and initiation of the one-year warranty period;
Direct the City Clerk to so advise the Developer and Surety.
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Release Faithful Performance Warranty and Labor and Materials Securities in Tract No.
24134-1 {southeasterly of intersection of Pauba Road at Maraarita Road)
9.1 Authorize release of the Faithful Performance Warranty and Labor and Materials
securities for street and drainage, and water and sewer system improvements in
Tract No. 24134-1;
10.
9.2 Direct the City Clerk to so advise the Developer and Surety.
Release Securities for Traffic Si.qnalization Mitic~ation in Tract Nos. 24131-2 and 24131-3
(northwesterly of Meadows Parkway at Leena WaY)
10.1 Authorize release of securities for Traffic Signalization Mitigation in Tract Nos. 24131-
2 and 24131-3;
11.
10.2 Direct the City Clerk to so notify the Developer and the Surety.
Acceptance of Public Streets into the City-Maintained Street System {'within Tract No. 21818
- located westerly of intersection of Via Norte at Kahwea Road)
11.1 Adopt a resolution entitled:
RESOLUTION NO. 98-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN STREETS INTO THE CITY-
MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 21818)
12.
Solicitation of Construction Bids and Approval of the Plans and Specifications for the
Median Islands on Winchester Road west of Jefferson Avenue - Proiect No. PW97-21
and the Traffic Signal on Winchester Road at Enterprise Circle North/West - Proiect
PW97-30
12.1 Approve the Construction Plans and Specifications and authorize the Department of
Public Works to solicit public construction bids for median islands on Winchester
Road west of Jefferson Avenue - Project No. PW97-21 and the Traffic Signal on
Winchester Road at Enterprise Circle North/West - Project PW97-30.
13.
Solicitation of Construction Bids for Traffic Sic~nal Installation at the Intersection of Rancho
California Road and Via Las Colinas - Project No. PW97-29
13.1
Approve the Construction Plans and Specifications and authorize the Department of
Public Works to solicit public construction bids for Project No. PW97-29, the traffic
signal installation at the intersection of Rancho California Road and Via Las Colinas.
Minutes~082898 5
14.
15.
Solicitation of onstruction Bids and Approval of the Plans and Specifications for the
Winchester Road/I-15 Southbound Off-Ramp Widenin.q - Phase I - Proiect No. PW97-03
14.1 Approve the Construction Plans and Specifications and authorize the Department of
Public Works to solicit public construction bids for Winchester Road/I-15 Southbound
Off-Ramp Widening - Project No. PW97-03.
Solicitation of Construction Bids for the Storm Drain Im~)rovements for the Overland Drive
Improvements and Mamarita Road Street Wideninq - Proiect No. PW97-07
15.1 Approve the Construction Plans and Specifications and authorize the Department of
Public Works to solicit public construction bids for a portion of Project No. PW97-07,
Storm Drain Improvements for the Ovedand Ddve Improvements and Margarita Road
Street Widening Project.
Pulled for separate discussion; see page 8.
16. Encroachment Permit from Riverside County Flood Control and Water Conservation District
for the Old Town Streetsca~)e Proiect - Proiect No. PW97-05
16.1 Approve the Encroachment Permit required by Riverside County Flood Control and
Water Conservation District in the amount of $1,150.00 and authorize the Mayor to
execute the permit.
Councilman Stone abstained with regard to this Item.
17. No Turn on Red 4:00 P.M. - 6:00 P.M. MON - FRI - Northbound Front Street at Rancho
California Road
17.1 Adopt a resolution entitled:
RESOLUTION NO. 98-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING NO TURN ON RED 4:00 P.M. TO 6:00
P.M. MONDAY THROUGH FRIDAY ON NORTHBOUND FRONT
STREET AT RANCHO CALIFORNIA ROAD
Pulled for separate discussion; see pages 8 - 9.
18.
Riverside County Library Contract Amendment
18.1 Authorize the City Manager to execute the First Amendment to Agreement to provide
Library Services (Additional Staff);
Minutes~082898 6
18.2
Authorize the expenditure of an amount not to exceed $115,000 to fund the Temecula
Library Volunteer Coordinator half-time position, and to subsidize funding to maintain
the Senior Reference Librarian and Reference Librarian positions at the fiscal year
1997-98 level for fiscal year 1998-99.
Pulled for separate discussion; see page 9.
19. Second Readine of Ordinance No. 98-11
19.1
Adopt an ordinance entitled:
ORDINANCE NO. 98-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, APPROVING THAT CERTAIN
DEVELOPMENT AGREEMENT ENTITLED SECOND AMENDMENT
TO DEVELOPMENT AGREEMENT NO. 90-1 WITH WESTSIDE
BUSINESS CENTRE, LLC, A CALIFORNIA LIMITED LIABILITY
COMPANY
20. Second Readine of Ordinance No. 98-12
20.1 Adopt an ordinance entitled:
ORDINANCE NO. 98-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE FIRST AMENDMENT TO
AMENDMENT AND RESTATEMENT OF DEVELOPMENT
AGREEMENT, PASEO DEL SOL BETWEEN THE CITY OF
TEMECULA AND CAL-PASEO DEL SOL, LLC, SPECIFIC PLAN 219
(PLANNING APPLICATION NO. PA95-0116)
MOTION: Councilman Stone moved to approve Consent Calendar Item Nos. 1 - 14, 16, 19- 20 (Item
Nos. 15, 17, and 18 pulled). The motion was seconded by Mayor Pro Tem Ford and voice vote
reflected unanimous approval with the excerption of Councilman Lindemans who was absent.
CONSENT CALENDAR ITEMS UNDER SEPARATE DISCUSSION
15.
Solicitation of Construction Bids for the Storm Drain Iml~rovements for the Overland Drive
Imr~rovements and Maraarita Road Street Widenine - Proiect No. PW97-07
15.1
Approve the Construction Plans and Specifications and authorize the Department of
Public Works to solicit public construction bids for a portion of Project No. PW97-07,
Storm Drain Improvements for the Overland Drive Improvements and Margarita Road
Street Widening Project.
Highlighting the proposed changes in the staff report (of record), Public Works Director Kicak noted
Minutes~082898 7
the above-mentioned recommendation has been changed to as follows:
15.1
Approve the Plans and Specifications for Storm Drain Construction on Margarita
Drive from Winchester Road southerly and authorize the City Manager to enter into
a purchase agreement for up to $150,000 for materials;
15.2 Authorize staff to solicit bids for the construction;
15.3 Authorize staff to pre-order the pipe for the construction of the above storm
drain.
MOTION: Councilman Comerchero moved to approve the newly proposed staff recommendation.
The motion was seconded by Councilman Stone and voice vote reflected unanimous approval with
the exce~)tion of Councilman Lindemans who was absent.
17.
No Turn on Red 4:00 P.M. - 6:00 P.M. MON - FRI - Northbound Front Street at Rancho
California Road
17.1 Adopt a resolution entitled:
RESOLUTION NO. 98-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING NO TURN ON RED 4:00 P.M. TO 6:00
P.M. MONDAY THROUGH FRIDAY ON NORTHBOUND FRONT
STREET AT RANCHO CALIFORNIA ROAD
Noting his support of this issue, Mayor Pro Tern Ford reviewed the proposed change and noted that
he had only pulled the matter in order to apprise the public.
MOTION: Mayor Pro Tem Ford moved to approve the staff recommendation. The motion was
seconded by Councilman Stone and voice vote reflected unanimous approval with the exception of
Councilman Lindemans who was absent.
18. Riverside County Libraw Contract Amendment
18.1 Authorize the City Manager to execute the First Amendment to Agreement to provide
Library Services (Additional Staff);
18.2
Authorize the expenditure of an amount not to exceed $115,000 to fund the Temecula
Library Volunteer Coordinator half-time position, and to subsidize funding to maintain
the Senior Reference Librarian and Reference Librarian positions at the fiscal year
1997-98 level for fiscal year 1998-99.
MinutelY082898 8
Reviewing measures taken to mitigate the City's impact as a result of the City of Murrieta's
withdrawal from the County Library system, Senior Management Analyst Kuhns presented the staff
report (of record), noting that each time a City of Muraleta resident utilizes a County library, a
transaction fee would be imposed to the resident; that the State would reimburse the County Ubrary
system for this transaction; and that this reimbursement would then be redistributed to the City.
Although this reimbursement fee will compensate for a portion of the overall loss, Councilman Stone
reiterated the need to construct the City's Municipal Library; at which time, the City may impose its
own charges to those City residents not within the County Library system.
MOTION: Councilman Stone moved to approve staff recommendation. The motion was seconded
by Councilman Comerchero and voice vote reflected unanimous approval with the exception of
Councilman Lindemans who was absent.
PUBLIC HEARINGS
21.
Planning Application No. PA98-0205 (Pre-ZoninQ and Annexation of the Redhawk and Vail
Ranch Specific Plan Areas)
21.1
Adopt the Negative Declaration with a Finding of DeMinimus Impact for Planning
Application No. PA98-0205 (Pre-Zoning and Annexation);
21.2 Adopt Mitigation Monitoring Program for Planning Application No. PA98-0205 (Pre-
Zoning and Annexation);
21.3 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 98-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AMENDING THE OFFICIAL ZONING
MAP OF SAID CITY, PRE. ZONING THE AREAS KNOWN AS THE
REDHAWK AND VAIL RANCH SPECIFIC PLAN AREAS
ESTABUSHING ZONING FOR THESE AREAS AS SPECIFIC PLAN
AS PART OF PLANNING APPLICATION NO. PA98-0205 AND
SUBSTANTIALLY IN THE FORM ATTACHED TO THIS
ORDINANCE AS EXHIBIT B
21.4 Adopt a resolution entitled:
RESOLUTION NO. 98-74
Minutes~082898
A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF
THE CITY OF TEMECULA REQUESTING THE COMMENCEMENT
OF PROCEEDINGS REORGANIZING THE JURISDICTIONAL
BOUNDARIES OF CERTAIN INHABITED TERRITORY DESCRIBED
HEREIN AS THE REDHAWK AND VAIL RANCH SPECIFIC PLAN
AREAS TO INCLUDE WITHIN THE CORPORATE BOUNDARIES OF
9
THE CiTY OF TEMECULA AND SAID AREAS TO INCLUDE SAID
TERRITORY WITHIN THE TEMECULA COMMUNITY SERVICES
DISTRICT AND TO DETACH SAID TERRITORY FROM CSA 143,
CSA 152 AND THE RIVERSIDE COUNTY WASTE MANAGEMENT
DISTRICT DESIGNATED AS PART OF PLANNING APPLICATION
NO. PA98-0205
Mayor Pro Tem Ford noted that he would be abstaining with regard to this issue.
Community Development Director Thornhill reviewed the staff report (of record); highlighted the
annexation process; and advised that, as per LAFCO, one area could not be independently annexed
of the other unless Vail Ranch were to independently annex because it is contiguous to the existing
City limits; that a future Fire Station is being explored at Butterfield Stage/Highway 79 S and at Merdi
Ranch; that Mr. Jerry Swanger has met with City staff and that negotiations are proceeding with
regard to the proposed annexation and its impact on his property to the east of Redhawk
Parkway/south of Highway 79 S; that the proposed annexation would increase the rates and charges
by $150 a year for the Red hawk residents, noting that this increase relates to the amount of open
space in the Redhawk area which has to be maintained; that the proposed annexation would
decrease the rates and charges for the Vail Ranch residents; that a hearing with LAFCO has been
scheduled for October 22, 1998; that the election will be in March 1999; and that the approval of this
annexation will require a two-thirds majority approval of the registered voters.
At this time, Mayor Roberts opened the public hearing.
Although he does not oppose the annexation to the City, Mr. Michael Meyer, 31871 Camino Rosales,
relayed his opposition to the increased rates and charges and, therefore, noted that he would not
vote in favor of the annexation.
Ms. Alicen Wong, representing Mr. Jerry Swanger, relayed Mr. Swanger's concerns with regard to
the annexation, clarifying that no agreement has been reached at this point in time.
At this time, the public hearing was closed.
Although the rates and charges for the Redhawk residents will increase, Councilman Stone
commented on the benefits those residents will receive as a result of the proposed annexation.
Echoing Councilman Stone's comments, Councilman Comerchero noted that the requested action
this evening is only to continue the process and not to approve the actual annexation.
City Attorney Thorson read by title only Ordinance No. 98~13.
MOTION: Councilman Stone, seconded by Councilman Comerchero, moved to approve the staff
recommendation. Voice vote reflected unanimous approval with the exception of Mayor Pro Tem
Ford who abstained and Councilman Lindemans who was absent.
Minutes~082898 10
Community Development Director Thomhill thanked and recognized former Community Services
Director Nelson, Community Services Director Parker, Development Services Administrator Ruse,
Senior Management Analyst Kuhns, Housing and Redevelopment Manager Meyer, Development
Services Administrator Yasinosky, and the Public Works Department for their assistance with regard
to this annexation.
22.
Planning Application No. PA98-0170 {General Plan Amendments) and Planning A~r~lication
No. PA98-0109 {Zoning Amendments - Development Code and Zoning MaD)
22.1
Adopt the Negative Declaration for Planning Application No. PA98-0170 (General
Plan Amendments) and Planning Application No. PA98-0109 (Zoning Amendments
- Development Code and Zoning Map);
22.2 Adopt a resolution entitled:
RESOLUTION NO. 98-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AMENDING THE ClTY'S GENERAL
PLAN LAND USE MAP FOR PROPERTIES IDENTIFIED AS
ASSESSOR'S PARCEL NUMBERS 914-811-001,914-811-002, 914-
811-003, 914-811-004, 914-811-005, 914-811-006, 914-811-007,
914-812-001,914-812-002, 914-812-003, AND 914-812-004 FROM
VL (VERY-LOW DENSITY RESIDENTIAL .2-.4 DWELLING UNITS
PER ACRE) TO LM (LOW-MEDIUM DENSITY RESIDENTIAL 3-8
DWELLING UNITS PER ACRE)
22.3 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 98-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AMENDING PORTIONS OF THE CI'I'Y'S
DEVELOPMENT CODE PERTAINING TO SIDE YARD
REQUIREMENTS FOR SHOPPING CENTERS, HEIGHTS OF
ACCESSORY STRUCTURES IN THE HR, VL, L-1 AND L-2 ZONES,
REGULATIONS FOR TEMPORARY CONSTRUCTION TRAILERS
IN RESIDENTIAL ZONES, CLARIFYING SIDE YARD STORAGE
FOR VEHICLES, RELOCATING THE MOTORCYCLE PARKING
SPACE DIMENSIONS FROM SECTION 17.24.050.A. TO SECTION
17.24.040.G.3 (ADDED), REQUIREMENTS FOR WHEEL STOPS IN
COMMERCIAL ZONES, MODIFYING SECTION 17.16.070 OF THE
DEVELOPMENT CODE, DELETING PALA VILLAGE FROM THE
LIST OF SPECIFIC PLANS AND AMENDING THE ZONING MAP
FOR PROPERTIES IDENTIFIED AS ASSESSORDS PARCEL
NUMBERS 914-811-001,914-811-002, 914-811-003, 914-811-004,
914-811-005, 914-811-006, 914-811-007, 914-812-001,914-812-002,
Minutes~082898 11
914-812-003, AND 914-812-004 FROM VL (VERY-LOW DENSITY
RESIDENTIAL .2-.4 DWELLING UNITS PER ACRE) TO LM (LOW-
MEDIUM DENSITY RESIDENTIAL 3-6 DWELLING UNITS PER
ACRE), ASSESSOR'S PARCEL NUMBERS 921-090-038 AND 921-
090-039 FROM H (HIGH-DENSITY RESlI~ENTIAL) TO LM (LOW-
MEDIUM DENSITY RESIDENTIAL 3-6 DWELLING UNITS PER
ACRE), ASSESSOR'S PARCEL NUMBERS 944-331-001 THROUGH
944-331-025 FROM SP - SPECIFIC PLAN (A PART OF THE
RANCHO HIGHLANDS SPECIFIC PLAN) TO H (HIGH-DENSITY
RESIDENTIAL 13-20 DWELLING UNITS PER ACRE) AND RE-
ASSIGNING NUMBERS SP-1 THROUGH SP-8 TO THE VARIOUS
SPECIFIC PLANS WITHIN THE CITY
Highlighting the proposed amendments, Community Development Director Thomhill presented the
staff report (of record) and referenced a letter from Villa Hermosa Condominiums requesting to
rezone the property from residential to commercial.
At this time, Mayor Roberts opened the public hearing. There being no public input, the hearing was
closed and the following motion was offered:
City Attorney Thorson read by title only Ordinance No. 98-14.
MOTION: Councilman Stone moved to approve the staff recommendation. The motion was
seconded by Mayor Pro Tern Ford and voice vote reflected unanimous approval with the exception
of Councilman Linderoans who was absent.
23.
Consideration of Adoption of a Resolution of Necessity for the Acquisition in Eminent Domain
of Property for Street Improvement, Road and Hi.~hwa¥ Purposes in connection with the
Overland Drive Overcrossin.(] Improvement Proiect
23.1
Consider adoption of proposed Resolution No. 98-76, 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
Overcrossing Project;
23.2
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 of the evidence to determine whether to adopt the proposed resolution,
which requires a unanimous or 4/5ths vote;
23.3
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. 98-76 (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:
Minutes~082898 12
RESOLUTION NO. 98-76
A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE
CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY
NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE
ACQUISITION THEREOF IN CONNECTION WITH THE OVERLAND
DRIVE OVERCROSSING IMPROVEMENT PROJECT
23.4
As to the resolution, if approved, approve a warrant payable to the Clerk of the Court,
Riverside County, in the amount of $115,300.00 for deposit in court to obtain an order
for possession of the Palm Plaza, LLC property interests;
23.5 Authorize the City Manager to execute all necessary documents.
City Attomey Thorson presented the staff report (of record), advising that the proposed action is
necessary in order to take possession of the property and to acquire the property from the property
owners. Referencing a letter from the property ownersD attorney, Mr. Thorson noted that the owners
indicate no contest to the public use and necessity for the Ovedand Overcrossing and that the
acquisition will take approximately 30 to 90 days.
At this time, Mayor Roberts opened the public hearing. There being no public input, the public
hearing was closed and the following motion was offered:
MOTION: Councilman Stone moved to approve staff recommendation. The motion was seconded
by Councilman Comerchero and voice vote reflected unanimous approval with the exception of
Councilman Linderoans who was absent.
COUNCIL BUSINESS
24. Ordinance No. 98-15 Prima Facie Speed Limits on Certain Streets
24.1 Introduce and read by title only an ordinance:
ORDINANCE NO. 98-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, AMENDING SECTION 10.28.010(d) OF THE
TEMECULA MUNICIPAL CODE REGARDING PPJMA FAClE SPEED
LIMIT ON 1) AMARITA WAY BETWEEN PIO PICO ROAD AND MC
CABE ROAD, 2) MONTELEGRO WAY BETWEEN PIO PICO ROAD
AND MC CABE ROAD, 3) NICOLAS ROAD BETWEEN
WINCHESTER ROAD AND VIA LOBO, AND 4) LA PAZ STREET
BETWEEN YNEZ ROAD AND HIGHWAY 79 SOUTH
Public Works Director Kicak reviewed the staff report (of record).
Minutes',082898 13
In an effort to apprise residents of the upcoming speed reduction on Nicolas Road between
Winchester Road and Via Lobo Road, Councilman Stone suggested that the speed monitor trailer
be placed in this location.
City Attorney Thorson ready by title only Ordinance No. 98-15.
MOTION: Councilman Stone move to approve staff recommendation. The motion was seconded
by Councilman Comerchero and voice vote reflected unanimous approval with the excel~tion of
Councilman Linderoans who was absent.
25. Authorization of Special Tax Levy in Community Facilities District No. 88-12 (Ynez Corridor)
25.1 Adopt a resolution entitled:
RESOLUTION NO. 98-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AUTHORIZING THE LEVY OF A
SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12
(YNEZ CORRIDOR)
Assistant Finance Director McDermott reviewed the staff report (as per agenda material).
MOTION: Councilman Comerchero moved to approve staff recommendation. The motion was
seconded by Councilman Stone and voice vote reflected unanimous approval with the exce;)tion of
Councilman Lindemans who was absent.
DEPARTMENTAL REPORTS
No additional comments.
CITY MANAGER'S REPORT
No comments.
CITY ATTORNEY'S REPORT
With regard to Closed Session Item No. 1, City Attorney Thorson advised that the City Council
provided direction to staff with respect to continuing negotiations before any purchases are made
and noted that the approval of a Purchase Agreement would be discussed by the City Council in
Open Session.
With regard to Closed Session Item No. 2, City Attorney Thorson advised that no action was taken.
With regard to Closed Session Item No.3, City Attorney Thorson advised that City Council gave
direction to him and that no reportable action was taken.
Mayor Roberts noted that eight Nakayama Middle School students are visiting the City this week and
that in the month of August, the Nakayama Choir will be giving a concert at Chaparral High School.
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ADJOURNMENT
At 8:57 P.M., Mayor Roberts formally adjourned the City Council meeting to Tuesday, August 11,
1998, at 7:00 P.M.
Ron Roberts, Mayor
ATTEST:
C~J:l~ ones,
[SEAL]
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