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HomeMy WebLinkAbout081198 CC MinutesCity Council AUgu=t 11.1998 MINUTES OF A REGULAR MEETING OF THE TEMECULA CiTY COUNCIL AUGUST 11, 1998 CLOSED SESSION A meeting of the City of Temecula City Council was called to order at 6:00 P.M. It was duly moved and seconded to adjoum to Closed Session, pursuant to Government Code Sections: 1. Conference with real property negotiator pursuant to Government Code Section 4956.8 conceming the acquisition of portions real property located at 27622 and 27628 Jefferson Avenue. The negotiating parties are the City of Temecula and Connie Hill and Dean Hill. Under negotiation are the pdce and terms of payment of the real property interests proposed to be acquired. 2. Conference with real property negotiator pursuant to Govemment Code Section 54956.8 concaming 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), 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), 41856 Fifth Street (APN 922-031-009), and 41843 Fifth Street (APN 922-022-010). The negotiating parties are the City of Temecula/parcals 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 price and terms of payment of the real property interests proposed to be conveyed and/or acquired. 3. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(b) with respect to three (3) 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. ROLL CALL Present: Councilmembers: Comerchero, Lindemans, Stone, and Roberts. Absent: Councilmember: Ford. PRELUDE MUSIC The prelude and intermission music was provided by Brad Beyenhof. INVOCATION The invocation was given by Pastor Sofia Sadler of Harvester Church of Temecula. ALLEGIANCE The audience was led in the Flag salute by Councilman Lindemans. City Cou~il August 11.1998 PRESENTATIONS/PROCLAMATIONS Sergeant Mitch AIm presented an update on the City's T.A.G. (Temecula against Graffiti) Program and extended recognition to those individuals responsible for the success of this Program - the Temecula Police Officers, the Reserve Officers, the dtizen volunteers, the dose cooperation with the City's Public Works Department, and the Temecula Unified School Distdct's Maintenance Department. Sergeant AIm introduced Police Officer Jeff Kubel who further elaborated on the success of this program. Councilman Lindemans requested that special recognition be given to those individuals who have volunteered to make this Program the success it is. PUBLIC COMMENTS A. On behalf of the Old Town merchants, Mr. David Lewis, 28561 Front Street, thanked the City Council for its support to Old Town dudng the streetscape improvement project. Mr. Lewis as well relayed his support of an Old Town Trolley. B. Echoing Mr. Lewis' comments, Ms. Audrey Hicks, 28635 Front Street, extended her appreciation of the Council's support dudng the construction pedod. CITY COUNCIL REPORTS A. Councilman Stone advised that he had attended the League of California Cities meeting of August 10, 1998, at which the 25% reduction of the Vehicle License Fee was discussed, relaying his concern of no future guarantee of the State's General Fund allocations to the citites. B. Councilman Stone commended the T.A.G. Program on its success as well as the Neighborhood Watch Program and extended appreciation to Maintenance Superintendent Buron and his staff for their immediate response time with regard to graffiti removal. CONSENT CALENDAR 1. Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2. ADDroval of Minutes RECOMMENDATION: 2.1 Approve the minutes of July 14 and July 28, 1998. (Councilman Lindemans abstained with regard to the approval of the July 28, 1998, City Council minutes.) 2 City Council AuGust 11.1998 , Resolution Approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 98-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Report as of June 30, 1998 RECOMMENDATION: 4.1 Receive and file the City Treasurers Report as of June 30, 1998. Riverside County Transportation Commission Board Membership RECOMMENDATION: 5, 1 Appoint a principal and an alternate representative to the newly constituted Board. Mayor Roberts was appointed as the principal and Councilman Comerchero was appointed as the alternate to the Board. Joint Proiect Funding Aareement - HiGhway 79 South Phase II RECOMMENDATION: 6.1 Approve the Joint Project Funding Agreement with the County of Riverside Assessment Distdct No. 159 for Highway 79 South Phase II and authorize the Mayor to execute the agreement. Acceptance of Grant Deed for DOrtior~ Of Pala Road (Temecula Creek~ BddQe Project Ric3ht-of-Wav and Related Pumoses RECOMMENDATION: 7.1 Adopt a resolution entitled: City Council Aueu~t 11.1998 10. RESOLUTION NO. 98-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN CORPORATION GRANT DEED FOR RIGHT OF WAY, SLOPE EASEMENT, AND TEMPPORARY CONSTRUCTION EASEMENT FOR PALA ROAD (TEMECULA CREEK( BRIDGE PROJECT FOR STREET CONSTRUCTION PRUPOSES BUT NOT ACCEPTING INTO THE CITY- MAINTAINED STREET SYSTEM AT THIS TIME (KCY DEVELOPMENT, INC., A CALIFORNIA CORPORATION) Accept Public Improvements in Parcel Map No. 24085-3 (located northwesterly of the intersection of Diaz Road and Zevo Drive - Avenida de Ventas) RECOMMENDATION: 8.1 Accept the public improvements in Parcel Map 24085-3; 8.2 Authorize reduction in the Faithful Performance secudty to the warranty amount, and initiation of the one-year warranty pedod; 8,3 Direct the City Clerk to so advise the Developer and Surety. Acceptance of Public Streets into the City-Maintained Street System (within Parcel Map. No. 24085-3 (located westedy of the intersection of Winchester Road at Diaz Road RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 98-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN PARCEL MAP NO. 24085-3) Accept Substitute A.Qreement and Securities in Tract No. 23304 (located northerly of Rancho California Road westedy of Humber Street) RECOMMENDATION: 10.1 Accept the substitute Subdivision Improvement Agreement and Securities in Tract No. 23304; 10.2 Authorize an eighteen-month (18) extension of time and release the Faithful Performance and Labor and Materials securities on file; 10.3 Authorize release of the Subdivision Monumentation secudty on file; City Council August 11. 1998 11. 12. 13. 14. 10.4 Direct the City Clerk to so notify the Developer and Sureties. Accept In-Tract Public Improvements in Tract No. 24131-3 (located northwesterly of Meadows Parkway at Leena Way RECOMMENDATION: 11.1 Accept In-Tract public improvements in Tract No. 24131-3; 11.2 Authorize reduction In-Tract Faithful Performance secudty amounts to the ten percent (10%) warranty amount, and initiation of the one-year warranty pedod; 11.3 Direct the City Clerk to so notify the Developer and Surety. Acceptance of Public Streets into the City-Maintained Street System (within Tract No. 24131-3 (located at the northwesterly comer of Meadows Parkway at Leena Way) RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 98-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC ST REETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 24131-3) Release Faithful Performance and Labor and Materials Securities in Tract No. 26861-1 (located southwesterly of the intersection of Margadta Road at Highway 79 S) RECOMMENDATION: 13.1 Authorize release of the Faithful Performance Warranty and Labor and Materials securities for public and pdvate improvements in Tract No. 26861-1; 13.2 Direct the City Clerk to so advise the Developer and Surety. Release Faithful Performance Securities for Certain Improvements in Tract No. 26861-3 (located southwesterly of the intersection of Highway 79 S at Margadta Road) RECOMMENDATION: 14.1 Authorize release of the Faithful Performance Warranty securities for certain improvements including pdvate streets and drainage, and water and sewer systems in Tract No. 26861-3; 14.2 Direct the City Clerk to so notify the Developer and Surety. 5 City Council August 11.1998 15. 16. 17. Release Faithful Performance Warranty Securities for Certain Improvements in Tract No. 26861-F (located southwesterly of the intersection of Margadta Road at Highway 79 S) RECOMMENDATION: 15.1 15.2 Authorize the release of Faithful Performance Warranty securities for certain improvements in Trad No. 26867-F; Direct the City Clerk to so advise the Developer and Surety. Second Readina of Ordinance No. 98-13 RECOMMENDATION: 16.1 Adopt 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 PLANS AS PART OF PLANNING APPLICATION NO. PA98-0205 ESTABLISHING ZONING FOR THIS AREA AS SPECIFIC PLAN THAT IS SUBSTANTIALLY IN THE FORM ATTACHED TO THIS ORDINANCE AS EXHIBIT A Second Readinc~ of Ordinance No. 98-14 RECOMMENDATION: 17.1 Adopt an ordinance entitled: 6 City Council August 11.1998 18. ORDINANCE NO. 98-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING PORTIONS OF THE CITY'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 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 3-6 DWELLING UNITS PER ACRE), ASSESSOR'S PARCEL NUMBERS 921-090-038 AND 921-090-039 FROM H (HIGH-DENSITY RESIDENTIAL) 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 Second Readina of Ordinance No. 98-15 RECOMMENDATION: 18.1 Adopt an ordinance entitled: City Council August 11.1998 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 PRIMA FACIE 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 MOTION: Councilman Comerchero moved to approve Consent Calendar Item Nos. I - 18. The motion was seconded by Councilman Stone and voice vote reflected unanimous approval with the exception of Councilman Ford who was absent and with Councilman Lindemans abstainin{3 on the approval of the July 28, 1998, minutes. PUBLIC HEARINGS 19. Adoption of Zoning3 Re.aulations and Licensing of Sexually Odented Businesses RECOMMENDATION: 19.1 Continue the public headng to the meeting of August 25, 1998. Referencing the recommendation to continue the public headng, City Attorney Thorson advised that the headng would be renoticed to reflect the addition of a Negative Declaration. MOTION: Councilman Stone moved to continue the public headng to the August 25, 1998, City Council meeting. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval with the exception of Councilman Ford who was absent. COUNCIL BUSINESS 20. Planning APPliCatiOn NO. PA98-0235 - Commencement of Actions Necessary to Detach Certain Real Property from the City of Temecula, located on the North side of Winchester Road. at the City's Northern City Limit and Known as Assessor's Parcel No. 911-140-007 (Sonny Salkind, Property Owner) RECOMMENDATION: 20.1 Adopt a resolution entitled: City Council August 11.1998 RESOLUTION NO. 98-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA98-0235 - THE COMMENCEMENT OF ACTIONS NECESSARY TO DETACH CERTAIN REAL PROPERTY FROM THE CITY OF TEMECULA AND WAIVING CONDUCTING AUTHORITY PROCEEDINGS PER SECTION 56837 OF THE GOVERNMENT CODE, FOR PROPERTY LOCATED ON THE NORTH SIDE OF WINCHESTER ROAD, AT THE CITY'S NORTHERN CITY LIMIT AND KNOWN AS ASSESSOR'S PARCEL NO. 911-140-007 Community Development Director Thornhill reviewed the staff report (of record), noting that because of the size of the property of discussion, he would not be concerned about any potential City impacts as a result of future County zoning and potential use of the property. Expressing appreciation to the City Council and Planning Commission for its efforts with regard to this issue, Mr. Sonny Salkind requested that the City Council approve this request. MOTION: Councilman Stone moved adopt Resolution No. 98-82. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval with the exceotion of Councilman Ford who was absent. 21. Termination of Museum Lease with Temecula Valley Museum RECOMMENDATION: 21.1 Adopt a resolution entitled: RESOLUTION NO. 98-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN SECOND AMENDMENT TO AMENDED AND RESTATED MUSEUM LEASE AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND THE TEMECULA VALLEY MUSEUM, INC., TERMINATING THE LEASE Community Services Director Parker presented the staff report (of record). MOTION: Councilman Lindemans moved to adopt Resolution No. 98-83. The motion was seconded by Councilman Stone and voice vote reflected unanimous approval with the exception of Councilman Ford who was absent. 9 City Council August 11.1998 CITY MANAGER'S REPORT No comments. CITY ATTORNEY'S REPORT With regard to Closed Session Item Nos. 1 and 2, City Attorney Thorson advised that the City Council gave direction to him as well as staff and that final action with regard to the acquisition would be taken in Open Session. With regard to Item No. 3, City Attomey Thorson advised that two issues were discussed and direction was provided. ADJOURNMENT At 7:50 P.M., Mayor Roberrs formally Tuesday, August 25, 1998, at 7:00 P.M. ATTEST: Jones, [SEAL] adjourned the City Council meeting to erts, Mayor 10