HomeMy WebLinkAbout090898 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
SEPTEMBER 8, 1998
CLOSED SESSION
A meeting of the City of Temecula City Council was called to order at 6:30 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 54956.8
conceming 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 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
acquired.
ROLL CALL
Present:
Absent:
PRELUDE MUSIC
Councilmembers:
Comerchero, Ford, Lindemans, Stone, and
Roberts.
Councilmember: None.
The prelude and intermission music was provided by Milja Harper.
INVOCATION
The invocation was given by Pastor Cary Wacker of Rancho Baptist Church.
ALLEGIANCE
The audience was led in the Flag salute by Councilman Comerchero.
PRESENTATIONS/PROCLAMATIONS
Special Achievement Award to John Romano for attaining Ea.ele Scout
Mayor Pro Tern Ford presented the Special Achievement Award to John Romano.
Special Achievement Award to Brookie Skousen
Mayor Pro Tern Ford presented the Special Achievement Award to Brookie Skousen,
commending her on her winning entry in the 1998 Cool Schools Essay Contest.
IlleGal Off-Road Vehicle Enforcement Presentation
Sergeant AIm commented on another successful Special Team's Unit program, noting that the
program was initiated in September 1996 due to a large increase in complaints from
homeowner associations and developers about illegal off-road vehicles in and around City
limits. Expressing appreciation to those who make the program the success it is, Sergeant AIm
introduced the Reserves and Posse volunteers associated with this program.
PUBLIC COMMENTS
A. Mr. Sam Rifkin, 31150 Camino Verde, relayed to the City Council his dismay with the
business practice and ethics displayed by Mr. Tim Burke of Carriage Motors.
Having previously spoken to Mr. Rifkin with regard to this issue, Councilman Stone advised that
he had spoken with Mr. Burke who had assured him that Mr. Rifkin's situation would be
resolved. Mr. Stone noted that, after this meeting, he would make a coudesy call to Mr. Burke
regarding the issue.
B. Mr. Ken Bruckman, 42244 Cosmic Ddve, provided information with regard to a non-profit
organization entitled Network Corridor Joint Venture Project and requested the Council's
support and participation in the project.
CITY COUNCIL REPORTS
A. In light of the recent rains, Councilman Comerchero advised that Old Town
improvements are on schedule and reiterated, for the benefit of the public, that all restaurants
and shops are open dudng the construction pedod.
B. Councilman Comemhero appdsed the City Council of calls he had received from
homeowner associations in the Rainbow Canyon area, relaying their pleasure with the
installation of the traffic light signal at Rainbow Canyon Road and Pala Road and advising that it
has resolved the residents' concerns.
C. Commenting on the joint venture between the City of Temecula and the County of
Riverside, Mayor Pro Tern Ford noted that the Fire Station No. 83 (French Valley) has opened.
D. Informing the public that all City Councilmembers have E-mail addresses, Mayor
Roberts encouraged the residents to utilize this method as another means of communication.
CONSENTCALENDAR
Standard Ordinance Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda.
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Approval of Minutes
RECOMMENDATION:
2.1 Approve the minutes of August 25, 1998.
Resolution ADDrovinG List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 98-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
City Treasurers Report as of July 31, 1998
RECOMMENDATION:
4.1 Receive and file the City Treasurers Report as of July 31, 1998.
Traffic SiGnal and Safety Lighting Maintenance AGreement
RECOMMENDATION:
5.1 Terminate the existing agreement with the County of Riverside dated June 28,
1990;
5.2 Approve the agreement with the County of Riverside for maintenance of traffic
signals and safety lighting and authorize the Mayor to execute the agreement.
Accept Substitute Securities for Faithful Performance Warranty and Labor and
Materials Pumoses in Parcel MaD No. 24085-3 (located northwesterly of the
intersection of Diaz Road and Zevo Ddve -Avenida de Ventas)
RECOMMENDATION:
6.1 Accept substitute securities for Faithful Performance Warranty and Labor and
Materials Purposes in Parcel Map No. 24085-3;
8.2 Authorize release of the Faithful Performance Warranty and Labor and Materials
Securities on file with the City Clerk;
6.3 Authorize release of the cash deposits which secured Faithful Performance and
Labor and Materials;
8.4 Direct the City Clerk to so advise the Developer and Surety.
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Accept Substitute AGreement and Securities in Tract No. 23143-1 {southeasterly of
the intersection of Pauba Road at Butterfield StaGe Road)
RECOMMENDATION:
7.1 Accept the substitute Subdivision Improvement Agreement and Securities in
Tract No. 23143-1;
7.2 Authorize an eighteen-month (18) extension of time;
7.3
Authorize release of the Faithful Performance, Labor and Materials, Traffic
Signal Mitigation, Erosion Control, and Subdivision Monumentation Securities on
file;
7.4 Direct the City Clerk to so notify the Developers and Sureties.
Release Labor and Materials secudty for Public Improvements in Parcel MaD No.
27987-1 (located south of HiGhway 79 South between Redhawk Parkway and
Country Glen Way)
RECOMMENDATION:
8.1 Authorize release of the Labor and Materials secudty for the Public
Improvements in Parcel Map No. 27987-1;
8.2 Direct the City Clerk to so notify the Developer and Surety.
Extension of the Prohibition on Consumption of Alcoholic BeveraGes to
Chardonnay Hills Homeowner's Association Property Pursuant to Temecula
Municipal Code Section 9.14.030
RECOMMENDATION:
9.1 Adopt a resolution entitled:
RESOLUTION NO. 98-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA EXTENDING THE PROHIBITION ON
CONSUMPTION OF ALCOHOLIC BEVERAGES TO
CHARDONNAY HILLS HOMEOWNER'S ASSOCIATION
PROPERTY PURSUANT TO TEMECULA MUNICIPAL CODE
SECTION 9.14.030
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Resolution in Opposition to Proposition 9 - Electdc RestructudnG Initiative
RECOMMENDATION:
10.1 Adopt a resolution entitled:
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RESOLUTION NO. 98-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA IN OPPOSITION TO PROPOSITION 9, THE
UTILITY RATE REDUCTION AND REFORM ACT
11 Purchase of Three (3) Public Works Vehicles
RECOMMENDATION:
11.1 Approve the purchase of three (3) 1999 Chevrolet full-sized trucks from
Paradise Chevrolet/Buick in the amount of $74,647.71.
12 Second Reading of Ordinance No. 98-16
RECOMMENDATION:
12.1 Adopt an 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 OF VEHICLES
IN RESIDENTIAL ZONES
MOTION: Councilman Lindemans moved to approve Consent Calendar Item Nos. I - 12. The
motion was seconded by Councilman Stone and voice vote reflected unanimous approval.
At 7:26 P.M., the City Council convened as the Temecula Community Services District
and the Temecula Redevelopment Agency. At 7:39 P.M., the City Council resumed with
regularly scheduled City Council business.
PUBLIC HEARINGS
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Planning Application No. PA98-0297 (Zoning Amendment, Development Code) -
an amendment to the Citv's Development Code, addin¢~ Section 17.08.050.S
(Automobile, Motorcycle, and Truck Dealership Landscepe Standards) to the
Development Code
RECOMMENDATION:
13.1 Adopt the Negative Declaration for Planning Application No. PA98-0297 (Zoning
Amendment, Development Code);
13.2 Introduce and read by title only an ordinance entitled:
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ORDINANCE NO. 98-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AMENDING PORTIONS OF THE
CITY'S DEVELOPMENT CODE PERTAINING TO
LANDSCAPE REQUIREMENTS FOR AUTOMOBILE,
MOTORCYCLE, AND TRUCK DEALERSHIPS
Community Development Director Thornhill reviewed the staff report (of record),
summarizing and clarifying the proposed changes.
At this time, Mayor Roberts opened the public headng. There being no input, the public
headng was closed.
City Attorney Thorson introduced and read the ordinance by title only.
MOTION: Councilman Stone moved to approve the staff recommendation. The motion
was seconded by Councilman Lindemans and roll call vote reflected unanimous
approval.
COUNCIL BUSINESS
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A Professional Services Agreement with Keyser Marston Associates to Perform
Services to Prepare a Market Study and Feasibility Analysis for a
Convention/Conference Facility in Temecula
RECOMMENDATION:
14.1
Direct the City Manager to enter into a Professional Services Agreement with
Keyser Marston Associates to prepare a Market Study and Feasibility
Analysis for a Convention/Conference Facility in Temecula in an amount of
14.2
Appropriate $34,000 (contract amount of $31,500 plus estimated expenses
of $2,500) from General Fund unreserved fund balance to the Economic
Development Department consulting budget.
City Manager Bradley reviewed the staff report (as per agenda material), advising that
although the interested firm has completed its own study, the City is desirous of
completing its own study in order to be in a position, if necessary, to offer and advertise
such a facility. In order to accomplish this, Mr. Bradley noted that the City must obtain
its own study, one which has been validated by a reputable firm.
In light of the current and on-going studies for the Library, Cultural Arts Center, and
future location of City Hall and Police, City Manager Bradley, for Mayor Pro Tem Ford,
advised that these studies are all independent of each other and involve separate areas
of expertise but that these individual reports could be collectively reviewed in order to
determine a possible site or sites, noting that multiple uses will increase acreage.
Councilman Lindemans commented on the positive impact a small convention center
would have on the City.
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MOTION: Councilman Lindemans moved to approve the staff recommendation. The
motion was seconded by Councilman Comerchero and voice vote reflected unanimous
approval.
15
Consideration of adoption of a Resolution of Necessity for the Ac~luisition in
Eminent Domain of Property for Community Facilities in the Old Town Area
('l'emecula Mercantile Buildin,Q)
RECOMMENDATION:
15.1
Consider adoption of proposed Resolution No. 98-91, 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 Old Town Area Community Facilities;
15.2
Open and conduct a headng 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;
15.3
If the City Council finds, based upon the evidence contained in and referred
to in this report, the testimony and comments received in this headng, 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. 98-91 (which
requires a 4/5ths vote of the entire Council) and the following authorize that
an eminent domain proceeding be filled to acquire the subject property
interests:
RESOLUTION NO. 98-91
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 COMMUNITY
FACILITIES IN THE OLD TOWN AREA (TEMECULA
MERCANTILE BUILDING)
Councilman Stone noted that he would be abstaining with regard to this item.
Housing and Redevelopment Manager Meyer presented the staff report (as per wdtten
material), commenting on the recommendation to revise required Finding A as follows:
As shown by the ... types of community facilities including but not limited to a small
museum, library, theater, or senior citizens center.
City Clerk Jones advised that no speaker cards had been received with regard to this
issue.
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In response to Mayor Pro Tem Ford's suggestion, Finding A was further modified to read
as follows: ... types of community facilities including but not limited to a small museum,
library, theater, or other uses.
MOTION: Councilman Lindemans moved to approve the staff recommendation as
amended. The motion was seconded by Councilman Comerchero and voice vote
reflected unanimous approval with the exception of Coundlman Stone who abstained.
16 DesiGnation of Votin~3 DeleGate for California LeaGue of Cities Annual Conference
RECOMMENDATION:
16.1 Designate a voting delegate and an altemate.
City Clerk Jones bdefly summarized the staff report (of record).
Following City Council discussion, the following motion was offered:
MOTION: Councilman Stone moved to appoint Mayor Roberts as the voting delegate and
Councilman Comerchero as the alternate. The motion was seconded by Mayor Pro Tem
Ford and voice vote reflected unanimous approval.
17 Old Town Redevelopment Advisory Committee Appointment
RECOMMENDATION:
17.1 Appoint a member to serve an unexpired term of the Old Town Redevelopment
Advisory Committee.
Councilman Stone noted that he would be abstaining with regard to this issue.
City Clerk Jones presented the staff report (as per agenda material).
MOTION: Councilman Lindemans moved to appoint Angela Salvatore to the Old Town
Redevelopment Advisory Committee. The motion was seconded by Mayor Pro Tern Ford
and voice vote reflected unanimous approval with the exception of Councilman Stone who
abstained.
18 Temecula Valley Playhouse Community Service Funding3 ReQuest
RECOMMENDATION:
18.1 Consider an $18,000 funding request from the Temecula Valley Playhouse
for their community service programs.
Finance Director Roberts reviewed the staff report (of record).
In response to Councilman Lindemans, Ms. Julie Pitruzzello, Board of Director of Temecula
Valley Playhouse, provided clarification with regard to the figures previously submitted as
well as those currently submitted; commented on anticipated fundraising efforts; and noted
that if fundraising efforts permit, lobby and electrical rewidng improvements will be
completed this year.
Councilman Comerchero, echoed by Councilman Lindemans, encouraged the
Playhouse, as well as other organizations that will be submitting a funding request in the
future, to duplicate its financial information form from year to year in order to simplify the
review process for the Council.
Commenting on the quality of the shows produced by the Playhouse, Councilman Stone
recommended that the funding request remain at $15,000; that the additionally
requested $3,000 be readdressed at midyear; and that in an effort to promote the
Playhouse and, thereby, increasing attendance which would increase the Playhouse's
revenues, Councilman Stone requested that upcoming Playhouse events be televised
dudng the intermission pedod at future City Council meetings.
Concurring with Councilman Stone's suggestion, Councilman Comerchero suggested
that such a promotion be extended to other non-profit organizations.
MOTION: Councilman Stone moved to approve $15,000 to the Temecula Valley
Playhouse for its community service programs; to readdress at midyear the possible
funding of the remaining $3,000; and to televise at future City Council meetings
upcoming Playhouse events along with a map to the Playhouse. Councilman
Lindemans seconded the motion and voice vote reflected unanimous approval.
CITY MANAGER'S REPORT
In response to City Manager Bradley, the following City Council meetings were set for
the Holiday pedod: November 10, November 17, December 8, and December 15, 1998.
In light of upcoming Council issues which will require a four-fifths vote and the absences
of several Councilmembers, Mr. Bradley noted that the Council may have to meet on
September 29, 1998.
CITY ATTORNEY'S REPORT
Assistant City Attorney Cudey noted that there were no reportable interests as a result of
Closed Session.
ADJOURNMENT
At 9:21 P.M., Mayor Roberts formally adjourned the meeting to Tuesday, September 22, 1998,
at 7:00 P.M.
Ron Roberrs, Mayor
ATTEST:
Jones, C
[SEAL]
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