HomeMy WebLinkAbout082598 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
AUGUST 25, 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 Government Code Sections:
1. Conference with real property negotiator pursuant to Government Code Section 54956.8
concerning the acquisition of real property located at 420549 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), 41858 Fifth Street (APN 922-031-009), and 41843
Fifth Street (APN 922-022-010). The negotiating parties are the City of TemeculaJparcels 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.
2. Conference with real property negotiator pursuant to Government Code Section 54956.8
concerning the acquisition of real property located at 28721 Front Street (APN 922-073-017,
APN 922-046-033, and APN 922-073-024). The negotiating parties are the City of
Temecula/Redevelopment Agency of the City of Temecula and Cleveland Investment Co., and
Margaret and William Fortner. Under negotiation is the pdce 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(a) with respect to one (1) matter of existing litigation involving the City. The following
case will be discussed: Strachota Insurance Agency vs. the City of Temecula.
4. 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 Attorney has determined that a point has been reached where there is a significant
exposure to litigation involving the City and/or the Agency based on existing facts and
circumstances.
ROLL CALL
Present:
Councilmembers:
Comerchero, Ford, Lindemans, Stone, and
Roberts.
Absent: Councilmember: None.
PRELUDE MUSIC
The prelude and intermission music was provided by Chris Jordan.
Minutes 8/25/98 1
INVOCATION
The invocation was given by Pastor John R. Chambers of Grace Presbyterian Church.
ALLEGIANCE
The audience was led in the Flag salute by Councilman Stone.
PUBLIC COMMENTS
A. Mr. Sandy Dodson, 27468 Ynez Road, introduced the" The Little Professor' (mascot of
the Little Professor Book Company) and thanked the City Council and the residents for their
support in welcoming him to the City.
CITY COUNCIL REPORTS
A. Referencing the fast-growing, highly water absorbent Arunda weed, Mayor Pro Tern
Ford noted that this weed was initially planted for erosion control purposes; that it has been
discovered that this weed is extremely invasive; that it is a fire hazard; and that it should be
eradicated throughout the City.
Director of Public Works Kicak noted that staff would provide information with regard to
eradication efforts.
B. Mayor Roberts invited the public to attend the performance of the Nakayama Mayu
Friendship Choir that will be celebrating its 25~h Anniversary by performing on Fdday, August 29,
1998, at Chaparral High School at 7:00 P.M.
C. In an effort to further enhance the Councilmembers ability to communicate with the
residents, Mayor Roberts advised that his and Councilman Stone's E-mail addresses have been
set up and that the remaining Councilmembers' E-mail addresses should be set up shortly.
CONSENT CALENDAR
2
Standard Ordinance Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda.
ApDrcval of Minutes
RECOMMENDATION:
2.1 Approve the minutes of August 11, 1998.
Mayor Pro Tem Ford abstained with regard to this item.
Minutes 8/25/98 2
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4
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Resolution ADDrovinG List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 98-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET
FORTH IN EXHIBIT A
Amendment to Fire Protection A~reement
RECOMMENDATION:
4.1 Approve the Second Amendment to Fire Protection Agreement with Riverside
County and authorize the Mayor and City Clerk to execute the amendment, final
form to be approved by the City Manager and the City Attorney.
Approval of Contracts for Plan Review Services
RECOMMENDATION:
5.1 Approve an agreement for Consultant Services with Esgil Corporation to perform
plan review services for the Building and Safety Department for a term of three (3)
years, expidng June 30, 2001;
5.2 Approve an agreement for Consultant Services with VanDorpe Chou and
Associates to perform Plan Review Services for the Building and Safety Department
for a term of three 93) years, expidng June 30, 2001.
Tract MaD No. 23371-10 (located south of La Serena Ddve west of Temeku Ddve)
RECOMMENDATOIN:
6.1 Approve Tract Map No. 23371-10 in conformance with the Conditions of Approval;
6.2 Approve Subdivision Improvement Agreement;
6.3 Approve Subdivision Monument Agreement and accept the Faithful Performance
bond, Labor and Materials bond and Monument bond as secudty for the
agreements.
Tract MaD No. 23371-9 (located south of La Serena Ddve west of Temeku Ddve)
RECOMMENDATION:
7.1 Approve Tract Map No. 23371-9 in conformance with the Conditions of Approval;
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7.2 Approve Subdivision Improvement Agreement;
7.3
Approve Subdivision Monument Agreement and accept the Faithful Performance
Bond, Labor and Materials bond and Monument bond as secudty for the
agreements.
Release Subdivision Monumentation Secudtv in Tract No. 24133-5 (located westedv of
Montelearo Way between McCabe Ddve and Leena Way)
RECOMMENDATION:
8.1 Authorize release of the Subdivision Monumentation Secudty in Tract No. 24133-5;
8.2 Direct the City Clerk to so advise the Developer and Surety.
Release Subdivision Monumentation Secudtv in Tract No. 27827-1 (located northwesterly
corner of the intersection of North General Kearnv Road at Nicolas Road)
RECOMMENDATION:
9.1 Authorize release of the Subdivision Monumentation security in Tract No. 27827-1;
9.2 Direct the City Clerk to so advise the Developer and Surety.
Release Subdivision Monumentation Secudtv in Tract No. 27827-F {northwesterly comer
of the intersection of Norlh General Keamv Road at Nicolas Road)
RECOMMENDATION:
10.1 Authorize release of the Subdivision Monumentation Secudty in Tract No. 27827-F;
10.2 Direct the City Clerk to so advise the Developer and Surety.
Acceeptance of Easement Deeds, Offers of Dedication, and RiGhts of entry and Temporary
Construction AGreements for the Promenade Mall Infrastructure Off-Site Storm Drain, and
Related Pumoses (located southwesterly of Mamadta Road at Winchester Road)
RECOMMENDATION;
11.1 Adopt a resolution entitled:
Minutes 8/25/98 4
RESOLUTION NO. 98-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN EASEMENT DEEDS FOR SLOPE
AND STORM DRAIN AND TRAFFIC SIGNAL MAINTENANCE
PURPOSES, OFFERS OF DEDICATION FOR ROAD PURPOSES, AND
RIGHTS OF ENTRY AND TEMPORARY CONSTRUCTION
AGREEMENTS FACILITATIN INFRASTRUCTURE IMPROVEMENTS
RELATING TO THE PROMENADE MALL PROJECT
12 Sewer Facilities Aareement with Eastem Municipal Water Distdct for Relocation of
Sanitary Sewer for Ovedand Ddve Overcrossin¢l at Interstate Route 15. Project No.
PW95-11
RECOMMENDATION:
12.1 Approve the Interagency Agreement and Bill of Sale and authorize the Mayor to
execute both documents;
12.2 Authorize payment to the Eastem Municipal Water Distdct for engineering,
inspection, and testing fees in the amount of $4,470.00.
13 Resolution in Support of Railroad to Railread Grade Separation at Colton. Califomia
RECOMMENDATION:
13.1 Adopt a resolution entitled:
RESOLUTION NO. 98-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING THE RAILROAD GRADE SEPARATION
PROJECT AT COLTON, CALIFORNIA
MOTION: Councilman Stone moved to approve Consent Calendar Item Nos. I - 13. The
motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval
with the exception of Mayor Pro Tem Ford who abstained with regard to Consent Calendar Item
No. 2 (approval of Minutes of August 11, 1998).
Discussed out of order ...
COUNCIL BUSINESS
19 Temecula Valley Playhouse Community Service Fundin.Q ReQuest
RECOMMENDATION:
19.1 Consider an $18,000 funding request from the Temecula Valley
Playhouse for their community service programs.
Minutes 8/25/98 5
Finance Director Roberts presented the staff report (of record), advising, in response to
Councilman Stone, that the appropriation for this request could be funded through the
Community Services Budget.
Ms. Patty Drew, Vice President of Temecula Valley Playhouse, requested the City Council's
approval of this funding request; noted that Playhouse membership has increased; and that the
rent has been increased. In response to Councilman Comerchero's comment as to why no
fundraising efforts were accounted for, Ms. Drew advised that the Playhouse will continue its
yeady fundraising efforts and that appropriate information could be provided to the Council.
MOTION: Councilman Stone moved to continue this matter to the September 8, 1998, City
Council meeting. The motion was seconded by Councilman Comerchero and voice vote
reflected unanimous approval.
20 Arts Council of Temecula Valley Community Service Fundin.q ReQuest
RECOMMENDATION:
20.1
Review and consider the Arts Council of Temecula Valley Funding
request for $22,000 for their community service programs.
Finance Director Roberts reviewed the staff report (as per agenda material).
Ms. Martha Minkler, Arts Council Executive Director, addressed the City Council and thanked
the Council for its consideration of this funding request.
MOTION: Councilman Stone moved to approve the Arts Council of Temecula Valley funding
request in the amount of $22,000. The motion was seconded by Mayor Pro Tem Ford and
voice vote reflected unanimous approval.
At 7:16 P.M., the City Council convened as the Temecula Community Services District,
the Temecula Redevelopment Agency, and the Winchester Hills Financing Authority
during which the following Joint City Council/Redevelopment Agency Item was
discussed: Award a Professional Services Agreement to Robert Bein, William Frost &
Associates, Inc. At 8:13 P.M., the City Council resumed with regularly scheduled City
Council business.
PUBLIC HEARINGS
14
Abatement of Hazardous Vegetation from Vacant Lots or Parcels per Ordinance No. 91-
18, Chapter 6.16
RECOMMENDATION:
14.1 Adopt a resolution entitled:
Minutes 8/25/98 6
RESOLUTION NO. 98-87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ORDERING CONFIRMATION OF SPECIAL
ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF
TEMECULA FOR COSTS OF ABATEMENTS AND REMOVAL OF
HAZARDOUS VEGETATION
Chief Building Official Elmo presented the staff report (as per agenda material).
MOTION: Councilman Comerchero moved to adopt Resolution No. 98-16. The motion was
seconded by Councilman Lindemans and voice vote reflected unanimous approval.
15
Planning Application No. PA97-0349 - Amendment to Sections of the City's
Development Code pertainincl to On-Site Storac3e of Vehicles (includinf3
Recreational vehicles in residential zones)
RECOMMENDATION:
15.1 Adopt the Negative Declaration for PA97-0349;
15.2 Ready by title only and introduce and ordinance entitled:
ORDINANCE NO. 98-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AMENDING PORTIONS OF SECTION
17.24.020.D OF THE TEMECULA DEVELOPMENT CODE
PERTAINING TO ON-SITE STORAGE IN VEHICLES IN RESIDENTIAL
ZONES
Community Development Director Thomhill reviewed the staff report (as per agenda material);
referenced the Planning Commission's recommendation (of record); clarified that RVs must be
stored on an impermeable hardened surface and screened with a fenca at least 5' in height;
thanked Associate Planner Fagan for his efforts with regard to this issue; advised that staff had
received letters in support and against the proposed Ordinance; and reviewed vadous options
available to the City Council.
Councilman Lindemans stated that the storage of recreational vehicles is segregated into the
following two categories: developments with CC&Rs that prohibit the parking of RVs and
developments in which the CC&Rs are silent and/or allow RVs.
In response to Councilman Comerchero's comment, City Attomey Thorson advised that it would
be legally feasible to implement a sticker system for those individuals stodng RVs in
developments not governed by CC&Rs, thereby, exempting the RV for the length of time it was
owned by the property owner.
With regard to the proposed front yard setback, Mayor Pro Tern Ford, echoed by Mayor
Roberrs, noted that this setback requirement would not be applicable for lots larger than ~ acre
in size. Mr. Thornhill advised that the front yard setback is determined from the public street.
Minutes 8/25/98 7
Associate Planner Fagan dadfled that a passenger pick-up truck utilized for every day travel
would be exempt from the proposed Ordinance but that a commercial vehicle would have to
comply with the Development Code provision relative to length, height, and width otherwise it
would be prohibited.
At this time, Mayor Robeds opened the public hearing.
The following individuals spoke in suppod of the proposed Ordinance:
Patricia Hall 27483
Frank Geyer 40466
Bill Gray 40414
Anna Bale 29901
David Micheal 30300
Jim Poder 40221
Cedlia Axton 30169
Leonard Borok 30476
Daniel Reagle 45524
Lark Coud
Chauncey Way
Yardley Coud
Code Castille
Churchill Coud
Tuolomne Coud
Sierra Madre Drive
Milano Road
Olympic Way
The above-mentioned individuals spoke in suppod of the proposed Ordinance for the following
reasons:
that the majority of the residents are in suppod of the proposed Ordinance;
that residents should be required to comply with the existing CC&Rs;
that the visual appearance of stored RVs is unsightly and, therefore, has
decreased neighboring property values;
that stored RVs should be propedy screened and situated on an appropriate pad.
It was suggested by Mr. Reagle that the allowable loading/unloading period should be extended
from two days to three days.
The following individuals spoke in opposition to the proposed Ordinance:
Ed EIder
Don Gravett
Geri Williamson
Robed Williamson
no address given; speaking for Mr. Eddie Salitore,
42733 San Julian Road;
30258 Mira Loma Ddve
30219 Villa Alturas Ddve
30219 Villa Alturas Ddve
The above-mentioned individuals spoke in opposition to the proposed Ordinance for the
following reasons:
that the Council should not zone a community based on aesthetic appearance;
that existing CC&Rs permit the on-site storage of RVs;
that stodng a RV at a fadlity would not be as safe as stodng it in the driveway;
that a two-day loading/unloading pedod is insuffident;
that the cost of a Code Enforcement Officer could be utilized to hire additional
Police Officers;
that there are insufficient facilities available throughout the City to accommodate
the necessary need for RV storage;
that the on-site storage of RVs does not decrease neighboring property values.
Minutes 8/25/98 8
It was suggested by Mr. EIder that a sticker system be implemented to grandfather specific RVs.
Respecting those residents who have chosen to live in a development with no CC&Rs,
Councilman Stone stated that as long as the RV is operable, not sitting on jacks, propedy f'~s
into the driveway, does not extend into the backyard from the driveway, into the sidewalk, or
street, and no one is living in the RV, the resident should be permitted to park the RV on site.
Mr. Stone noted that pdor to mandating the requirement of stodng RVs, the City must ensure
sufficient facilities are available to accommodate this request. In an effort to minimize the
impact this Ordinance may have on pdvate lives and understanding the concems with regard to
aesthetic appearance, Councilman Stone noted that if on-site RV storage were permitted, stdct
guidelines would have to be implemented to minimize potential aesthetic blight.
Community Development Director Thornhill ciadfied that CC&Rs are privately agreed upon by
the homeowner at the time of purchase and that the City does not enforce CC&Rs.
Mayor Pro Tern Ford stated that for those developments with CC&Rs but no homeowners
association to enforce the CC&Rs, RV storage concems should be addressed by the
Development Code. For those developments with no CC&Rs, Mayor Pro Tem Ford relayed his
opposition to requiring those residents to adhere to the proposed Ordinance.
Segregating the on-site parking of RVs into two categories, Councilman Comerchero stated the
following:
that those individuals who bought a home, signed a document agreeing to
abide by the CC&Rs, whether enforced or not, and are perking a RV in the
driveway, have been violating the intent of the CC&Rs; and that these individuals
should be required to comply with the intent of the CC&Rs;
that those individuals who intentionally or unintentionally bought a home in a
development with no CC&Rs, and/or no homeowners association, or where
the CC&Rs do not prohibit the on-site storage of RVs, should be permitted to
continue to park their RV on their property by way of a sticker system;
that if CC&Rs prohibit RV storage, the City Council has a responsibility to
address the compliance issue;
that ~ acre lots or larger should be exempt from the proposed Ordinance;
Following additional discussion, it was the consensus of the City Council that a six-month grace
period be authorized; that an additional Code Enforcement Officer be hired as recommended
by the Planning Commission; and that the loading/unloading pedod be extended from two days
to three days and the following motion was offered:
MOTION: Councilman Comerchero moved to adopt the Negative Declaration for PA97-0349
and to adopt Ordinance No, 98-16 modified as follows:
that those individuals living in a development with CC&Rs which prohibit the
parking of RVs, etc. in the ddveway must comply with the Development Code;
Minutes 8/25/98 9
that those individuals living in a development with no CC&Rs or with CC&Rs
which do not prohibit RV storage will not be required to comply with the
Development Code and may park in the driveway;
that properties '~ acre in size or larger will be exempt from the Development
Code regulation for RVs, etc.;
that a six-month grace padod be authorized.
The motion was seconded by Councilman Lindemans. Pdor to the voice vote (see below),
additional Council discussion ensued.
In response to Councilman Stone's comment with regard to enforcement and related costs, City
Attomey Thorson advised that the City's Administrative Ordinance enables the City to bypass
the court system, thereby, decreasing enforcement costs. Mr. Thorson briefly reviewed the
enforcement procedure, advising that the proposed Ordinance would be part of the Zoning
Ordinance and, therefore, enforcement procedures would be the same for the proposed
Ordinance as those for any violation of the Zoning Ordinance. Mr. Thorson noted that City staff
will have to design a map which would accurately reflect those areas subject to CC&Rs and
those areas which will be exempt. At this time, City Attorney Thorson read Ordinance
No. 98-16 by title only.
City Manager Bradley reiterated that it is the City's policy to encourage voluntary compliance
and that citations would only be issued as a last resort.
At this time, voice vote on the previously made motion reflected unanimous approval.
At 10:00 P.M., a short recess was called and the City Council meeting was reconvened at 10:12
P.M.
16 Adoption of Zoning ReGulations and Licensing of Sexually Odented Businesses
RECOMMENDATION:
16.1 Adopt the Negative Declaration pursuant to the Califomia Environmental
Quality Act for the proposed ordinance;
16.2 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 98-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA PROVIDING FOR THE ZONING REGULATION AND
LICENSING OF SEXUALLY ORIENTED BUSINESSES AND
MAKING FINDINGS IN CONNECTION WITH THE NEED FOR
SUCH REGULATIONS
In light of the recommended continuance, City Attorney Thorson advised that this item would be
renoticed and that the intedm Ordinance will expire October 15, 1998.
Minutes 8/25/98 10
MOTION: Mayor Pro Tem Ford moved to continue Agenda Item No. 16 to lhe September 22,
1998, City Council meeting. The motion was seconded by Councilman Stone and voice vote
reflected unanimous approval.
17 Murdeta Creek Project Committee Membership
RECOMMENDATION:
17.1 Appoint one member of lie City Council to serve on lie Murrieta Creek
Project Committee.
Following some Council discussion, lie following motion was offered:
MOTION: Councilman Comerchero moved to appoint Councilman Stone to liis Committee and
to appoint Mayor Pro Tern Ford as the altemate. The motion was seconded by Mayor Pro Tem
Ford and voice vote reflected unanimous approval.
18 Award of Construction Contract for Mamadta Road Storm Drain - Proiect No.
PW97-07
RECOMMENDATION:
18.1 Award construction contract for the Margadta Road Storm Drain -
Project No. PW97-07 and authorize the Mayor to execute lie contract;
18.2 Authorize the City Manager to approve change orders not to exceed lie
contingency amount which is 10% of lie contract amount.
Public Works Director Kicak presented the staff report (of record), noting liat the contract does
include a liquidated damages provision.
MOTION: Councilman Lindemans moved to concur with the staff recommendation. The motion
was seconded by Councilman Stone and voice vote reflected unanimous approval.
19 Temecula Valley Playhouse Community Service Funding ReQuest
Previously discussed; see page 6.
20 Arts Council of Temecula Valley Community Service Funding ReQuest
Previously discussed; see page 6.
21 Temecula Library Services
RECOMMENDATION:
21.1 Discuss a possible agreement with lie City of Muraleta and County of
Riverside regarding lie Temecula Library.
Senior Management Analyst Kuhns presented the staff report (as per agenda material) and
referenced Mayor van Haasters' wdtten communication to the City.
Minutes 8/25/98 11
Clarifying the required action this evening, Mayor Robeds noted that the City Council would be
to authorize the City Attorney to draw up an agreement with the County of Riverside and that
this agreement would be reviewed and acted upon at the City Coundl's next meeting.
MOTION: Councilman Lindemans moved to authorize the City Attorney to draw up an
agreement between the County of Riverside and the City of Temecula concurring with the
request from the City of Muraleta to release the appropriate County Library mitigation funds to
the City of Muraleta. The motion was seconded by Councilman Comerchero and voice vote
reflected unanimous approval.
DEPARTMENTAL REPORTS
No additional comments.
CITY MANAGER'S REPORT
With great pleasure, City Manager Bradley introduced newly hired Assistant City Manager Jim
O'Grady.
Assistant City Manager O'Gmdy relayed his delight with having the opportunity to work for the
City of Temecula.
CITY ATTORNEY'S REPORT
With regard to Closed Session Item No. 1, City Attorney Thorson noted that this item was not
discussed; with regard to Item No. 2, City Attorney Thorson advised that the City Council gave
direction to him and the City Manager; and with regard to Item Nos. 3 and 4, City Attorney
Thorson advised that the City Coundl gave direction to him.
ADJOURNMENT
At 10:36 p.m., Mayor Robeds formally adjoumed the City Coundl meeting to Tuesday,
September 8, 1998, at 7:00 P.M.
Ron Roberrs, Mayor
ATTEST:
JOneS, C
[SEAL]
Minutes 8/25/98 12