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HomeMy WebLinkAbout032399 CC MinutesCLOSED SESSION MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MARCH 2~, 1999 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 adjoum to Closed Session pursuant to Govemment Code Sections: 1. Conference with real property negotiator pursuant to Government Code Section 54956.8 concaming the acquisition and/or leasing of real property located at 28464 Front Street, Temecula. The negotiating parties are the Redevelopment Agency of the City of Temecula and Dual Development Company, Ed and Kathleen Dool. Under negotiation is the pdce and terms of payment to the real property interests proposed to be conveyed and/or acquired. The Agency/City negotiators are Shawn Nelson, James O'Grady, and John Meyer. 2. Conference with real property negotiator pursuant to Govemment Code Section 54956.8 concaming the acquisition of real property located at 28721 Front Street, Temecula (APN922-073-017, 922-046-022, and 922-073-024). The negotiating parties are the Redevelopment Agency of the City of Temecula and Cleveland Investment Company. Under negotiation is the pdca and terms of payment to the real property interests proposed to be acquired. The Agency/City negotiators are Shawn Nelson, James O'Grady, and John Meyer. 3. Conference with real property pursuant to Govemment Code Section 54956.8 conceming the leasing of real property located at Temecula Mercantile Building, 42051 Main Street, Temecula. The negotiating parties are the City of Temecula and the Temecula Chamber of Commerce. Under negotiation are the price and terms of payment of the real property interests proposed to be conveyed and/or acquired. The City negotiators are Shawn Nelson and James O'Gredy. 4. Conference with real property negotiator pursuant to Government Code Section 54956.8 conceming the acquisition of an interest in real property located at proposed fight-of-way for Meadows Parkway. The negotiating parties are the City of Ternecuia and Lennar Homes, Inc. and McMillan Homes, Inc. Under negotiation are the pdca and terms of payment of the real property interests proposed to be acquired. The City negotiators are Shawn Nelson, James O'Grady, Willjams Hughes, and Ronald Parks. 5. Conference with City Attorney and legal counsel pursuant to Govemment Code Section 54956.9(a) with respect to one matter of existing litigation involving the City and/or the Agency. The following claim will be discussed: Westside City, LLC. 6. Conference with City Attorney and legal counsel pursuant to Govemrnent Code Section 54956.9(b) and (c) with respect to 'one matter of potential litigation. With respect to such 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 and the City will decide whether to initiate litigation. Minutes~032300 ROLL CALL Present: Councilmembers: Comerchero, Lindernans, Robarts, Stone, and Ford. Absent: Councilmember: None. PRELUDE MUSIC The prelude music was provided by Jordan Bellino. INVOCATION The invocation was given by Pastor Randy Ponder of Lamb's Fellowship. ALLEGIANCE The audience was led in the Flag salute by Mayor Pro Tem Stone. PRESENTATIONS/PROCLAMATIONS Proclamation for Intemational Building Safety Week Mayor Ford so proclaimed the week of Apdl 4 - 10, 1999, as Intemational Building Safety Week. The proclamation was accepted by Chief Building Offidal Elmo. Proclamation for National Public Health Week Mayor Ford so proclaimed the week of Apdl 5 - 9, 1999, as National Public Health Week. The Wine Country Chapter of the City of Hope Although no one was in attendance to receive the Certificate of Appredation, Mayor Ford extended the Citys gratitude to the City of Hope Wine Country Chapter for its dedication and continued commitment to raising funds for the City of Hope National Medical Center. PUBLIC COMMENTS A. Considering the number of individuals in attendance for Agenda Item Nos. 17 and 18 General Plan Land Use Map Amendments and Amendment No. I to Campoe Verdes Spedtic Plan, Mayor Pro Tam Stone requested that these items be considered out of order and discussed following Agenda Item No. 15. MOTION: Mayor Pro Tem Stone moved to consider Agenda Item Nos. 17 and 18 out of order, following Agenda Item No. 15. The motion was seconded by Councilman Lindemans and voice vote reflected unanimous approval. B. In response to Mr. Forrest Thomas' comments, Director of Transportation and Safety for the Temecula Unified School District, Mayor Ford requested that ha restate his comments under Agenda Item No. 18 (Amendment No. I to Campos Verdes Spedtic Plan). C. Concuffing with the need to address City traffic concems beyond the widening of streets and making street improvements, Mr. David Mathewson, 31293 Dumey Court, relayed his support of Coundlman Comerchero's eadier proposal to form a committee which would address traffic impacts throughout the City. D. As a Board Member of the Chardonnay Hills Homeowners Association, Mr. Mathewson appdsed the City Councilmembers that several streets throughout the development are still in need of being capped. Acting Public Works Director Hughes noted that the Public Works Department would address the matter and agendize it for the Apdl 13, 1999, City Council meeting. CITY COUNCIL REPORTS A. Recapitulating his previously made recommendation to form a new committee to address traffic congestion throughout the City by means other than building new roads or expanding existing roads, Councilman Comerchero noted that after further review and discussion, the formation of a committee is being postponed but noted and recommended the following: · That new road construction is only one element in long-term solution to traff'K: congestion; · That staggered work hours, local mass transit, and review of land use must as well be considered and programs implemented where possible and feasible; · That although many traffic issues will require regional efforts and collaboration, the above-mentioned issues are local in nature and require specific local knowledge and expedenco; · That the existing Commissions are best equipped and qualirmcl to handle the discussion of related issues and should make necessaW recommendations to the City Coundl. Mr. Comerchero requested that the following items be agendized for the appropriate Commissions: · Public Works Department - formulate and oversee the implementing of a plan to stagger the work hours of the major employers in the Temecula Valley; · Discuss with Councilman Lindemans, President of RTA, the possibility of instituting SMART Shuttled to carry individuals from one location to another, · Planning Department - agendize discussion of Land Use Element of the General Plan with specific attention paid to identifyin{] possible changes designed to reduce the distances ddven and the dependency on the most heavily traveled routes; include the review of residential/commercial/industrial areas and the interaction between them; · That the Commissions' recommendations could then be presented at the yeady joint City Council/Commission Workshop. B. At a recent meeting with the San Diego Padres at which community support was discussed, Councilman Comerchero advised that it was suggested to the San Diego Padres to join the Chamber of Commerce, to participate with non-profit organizations, end to be a part of the community. With pleasure, Councilman Comerchero announced that after a four-year attempt, the City of Temecula would be the recipient of the Padre Park Program. Minutes~32399 3 C. Mayor Pro Tem Stone commented on the tinued success of the City's ERACIT (Enforce Responsible Alcohol Consumption in Temecula) rPr~mm and commended those associated with this program. D. Mayor Pro Tem Stone commended Mayor Ford on a job well done wi.'th regard to the State of the City Address and noted that the enhancement of Ambulance Services in the City will be discussed at the Apdl 13, 1999, City Coundl meeting. E. In light of available funding through SB 821 (funding for bicycle and pedestrian sidewalks), Coundlman Roberts suggested that the Temecula Unified ,School Distdct and the City jointly work on obtaining funding through this Bill for the construction of sidewalks. F. Coundlman Roberts as well appdsed staft of available funding through the Congestion Management and Air Quality Improvement Funds. G. Coundlman Roberrs appdsed staff and the viewing audience of an upcoming Califomla Highspeed Rail Authority Workshop on March 24, 1999, at Riverside County City Hall, advising that future routes and stations will be discussed. H. Coundlman Roberrs advised that the Southem Califomla Assodation of Govemments' Aviation Subcommittee would be recommending the adoption of a resolution supporting a regional airport system. t I. For Councilman Lindemans, City Clerk Jones read into the record a letter wdtten by Coundlman Lindernans in which he shared his unforgettable experiences as he had traveled to Washington, D.C., for the Arnedcen Public Transit Association, commenting on the lobbying eftotis for additional buses, satellite radiities, and computer model. J. Mayor Ford edvisecl that the State of the City Address will be posted on the City Web and noted that Mayor Pro Tern Stone, Coundlman Roberrs, and he also traveled to Washington, D.C., in order to rapresent the City in ongoing lobbying efforts for additional funds. K. As an altematlve means to create a public forum in which to discuss City events, issues, concerns, etc., Mayor Ford invited the public to listen to K-Frog Valley Hoppinings every third Sunday at 7:00 P.M. CONSENT CALENDAR I Standard Ordinance Adootion Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text, of all ordinances and resolutions included in the aganda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of February 9, 1999; Minutee~03239g 4 2.2 Approve the minutes of FebmaW 18, 1999. 3 Resolution ADDrOving List of Demands RECOMMENDATION: 3.1 Adept a resolution entitled: RESOLUTION NO, 99-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Reoort as of Januanf 31, 1999 RECOMMENDATION: 4.1 Receive and file the City Tmasurer's Report as of January 31, 1999. 5 City Coundl MeetirK] Schedule- Apdl 1999 RECOMMENDATION: 5.1 Direct the City Clerk to reschedule the regular City Coundl Meeting of April 27, 1999, to Apdl 20, 1999, and to perform the appropriate postings and notidng requirements of the Government Code. 6 Resolution in Support of Developing a Submcaional Airport Plan RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 99-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE DEVELOPMENT OF A SUBREGIONAL AIRPORT PLAN FOR SOUTHERN CALIFORNIA 7 Student Exchange Scholarship RECOMMENDATION: 7.1 Approve an increase of the $2.00 per student scholarship to $300 per student for the Temecula Valley High School Choir members who am traveling to Japan, based on the total number of travelers decreasing from 52 to 21. f Mlnutes~)3:2311 5 8 Completion and Acceptance of the City Hall Remodel Project RECOMMENDATION: 8.1 Accept the City Hall Remodel Project; 8.2 Accept and record Notice of Completion and release Certificate of Deposit in the amount of $37,689.00, back to Rizzo Construction, thirty-five days after recordation of Notice of Completion. 9 Economic Develooment Corporation of Southwest Riverside County (EDC) FY1998-99 Fundina ReQuest RECOMMENDATION: 9.1 Approve a contract with the Economic Development Corporation of Southwest Riverside County which provides funding for Fiscal Year 1998-99 in the amount of $46,000. 10 Accept Public Improvements in Tract No. 24132-1 (located northerly of the intersection of Amadta Way at McCabe Ddve) RECOMMENDATION: 10.1 Accept the Public Improvements, including subdivision monumentation, in Tract No. 24132-1; 10.2 Authorize reduction in the Faithful Performance secudty to the warranty amount and initiation of the one-year warranty pedod; 10.3 Direct the City Clerk to so advise the developer and surety. 11 Accept Public Improvements in Tract No. 24132-F (located at the southwestadv comer of the intersection of Pauba Road at Meadows Parkway} f RECOMMENDATION: 11.1 Accept the Public Improvements, including subdivision monumentation, in Tract No. 24132-F; , 11.2 Authorize reduction in the Faithful Performance secudty to the warranty amount and initiation of the one-year warranty pedod; 11.3 Direct the City Clerk to so advise the developer and surety. Minutes~032399 f 12 Acceota~ of Public Streets into City-Maintained Street System (within Tract N os. 24132-1 and 24132-F - located at the southwesterly comer of the intersection of Meadows Parkway at Pauba Road} RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 99-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NOS. 24132-1 AND 24132-F) 13 Professional Services Agreement for Ovedand Ddve Overcrossing - Proiect No. PVV95-11 RECOMMENDATION: 13.1 Approve a Professional Services Agreement for Materials Testing and Inspection for Ovedand Ddve Overcrossing - Proje~ No. PVV95-11 -to Kleinraider, Inc. for $81,301.00 and authorize the Mayor to execute the contract; 13.2 Authorize the City Manager to approve change orders not to exceed the contingency amount for $8,130.10 which is equal to 10% of the .contract amount. 14 Acceptance of Easement for Access and Maintenance of Irrigation Fadlitles for Landscaped Median within Maroadta Road - Luckv's Sho~D ina Center at Highway 79 South RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 99-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE EASEMENT DOCUMENT FOR PURPOSES OF ACCESSING AND MAINTAING CERTAIN IRRIGATION FACILITIES LOCATED WITHIN PARCEL NOS. 4 AND 5 OF PARCEL MAP NO. 28384 14.2 Authorize the City Clerk to record the easement document. MOTION: Coundlman Lindemans moved to approve Consent Calendar Item Nos. 1-14. The motion was seconded by Mayor Pro Tam Stone and voice vote reflected unanimous approval. At 7:44 P. M., the City Coundl convened as the Temecula Community Services Distdct and the Temecula Redevelopment Agency. At 8:04 P.M., the City Coundl resumed with regularly scheduled City Coundl business. Minutes%D32399 7 PUBLIC HEARINGS 15 ADoeal of the Planning Commission's A~x>roval of Plannino ADDliCatiOn No. PA98-0219 (Conditional Use Permit) - Cox Communications W'reless Personal Communications System (PCS) with antennas mounted atOO a 60-foot hioh monopole disouised as an everamen Dine tree (monoDine) at the Rancho Califomia Water District water tank site at 3100 Rancho California Road RECOMMENDATION: 15.1 Continue to the Apd113, 1999, City Coundl meeting. MOTION: Mayor Pro Tern Stone moved to continue Agenda Item No. 15 to the April 13, 1999, City Coundl meeting. The motion was seconded by Coundlman Roberts and voice vote reflected unanimous approval. AGENDA ITEM NOS. 17 AND 18 CONSIDERED OUT OF ORDER (see Dat~ two for action) 17 Second ,Sedes of 1999 General Plan Land Use MaD Amendments (Camc~os Verdes Specific Plan; Norm Reeves site on Jefferson Road; podions of Kahwea Road and Avertida del Reposo and Nob Court; Jefferson Road/Winchester Detention Basin; and northwest of Winchester and Nicholas Road RECOMMENDATION: 17.1 Adopt Addendum No. 4 to the previously certif'mcl Environmental Impact Report (EIR No. 348)certif'~d for the Campos Ver~les Specific Plan (Planning Application No. PA99-0016); 17.2 Make a Finding for Planning Application No. PA99-0022 that the impacts of these General Plan Amendments and Zone Changes constitute a reduction in overall impacts and, as a result, fall within the environmental impacts previously discussad in the Final Environmental Impact Report for the General Plan; 17.3 Approve a Mitigate Negative Declaration with a De Minimus Impact Finding for Planning Application No. PA98-0511; 17.4 Adopt a resolution entitled: RESOLUTION NO. 99-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE MAP FOR VARIOUS AREAS THROUGHOUT THE CITY FOR THE SECOND GENERAL PLAN LAND USE MAP AMENDMENT FOR 1999 (PLANNING APPLICATION NOS. PA99-0016, PA99-0022, AND PA98-0511 ) Mtnutes'O32399 17.5 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 99-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA KNOWN AS ASSESSOWS PARCEL NOS. 909-120- 036, 909-120-046, 909-281-018, 910-310-007, 957-291-001 THROUGH 030, 957-292-001 THROUGH 004, 911-170-078, 911- 170-085, AND 911-170-O90 (PLANNING APPLICATION NOS. PA99-0022 AND PA98-0511 ) By way of overheads, Senior Planner Hogan presented the staff report (as per agenda material). , Because of ownership in Meadowview, Councilman Roberts noted that he would have to abstain with regard to recommendation nos. 17.1 and as well as specific sections of 17.4 and, therefore, requested that separate votes be taken with regard to this Agenda Item. Relaying concem with regard to emergency vehicle accessibility, Mr. David Barton, 40223 Minulus Way, commented on the existing wrought iron fence located across Kahwea Road and noted that this blockage is not accurately reflected in the Thomas Brother Guide and, therefore, the Fire Stations were not aware of this road blockage. Mr. Barron requested that the gate be equipped with a knox box in order to adequately allow emergency access. Acting Director of Public Works Hughes advised that staff will review and address Mr. Barron's concern. At this time, Mayor Ford dosed the public headng. Viewing the proposed changes as clean-up acts, Mayor Pro Tem Stone offered the following motion: MOTION: Mayor Pro Tern Stone moved to approve 17.2, 17.3, 17.4 with the exception of Sections 3 and 4 of the resolution, and 17.5. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. .MOTION: Mayor Pro Tem Stone moved to approve 17.1 and Sections 3 and 4 of 17.4. The motion was seconded by Councilman Comerchero and voice vote reflected. approval with the exceotion of Councilman Roberts who abstained. 18 Plannir~ AoDlication No. PA99-0015 (Amendment No. I to Cam~x~s Verdes Soecific Plan) which consists of increasing the school site from 10 acres to 20 acres. a reduction of 66 residential parcels. a reduction to the Dark site, and chanoinn a oortion of the residential and i>ark zoned Drooertv to a commercial zonino classfficetion RECOMMENDATION: 18.1 Introduce and read by title only an ordinance entitled: Minutes~032311 ORDINANCE NO. 99-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CAMPOS VERDES SPECIFIC PLAN (NO.l) LOCATED NORTHEAST OF THE INTERSECTION OF MARGARITA ROAD AND NORTH GENERAL KEARNY ROAD (SOUTH OF WINCHESTER ROAD) ON 72.7 ACRES AND KNOWN AS ASSESSOR'S PARCEL NOS. 910-130-056, 910-130- 059, 910-130-060, 921-090-052, 921'090-058, 921'090-059, 921- 090-060, AND 921-090-061 (PLANNING APPLICATION NO. PA99-0015) Due to his residence in Meadowview end ownership of Meadowview common area adjacent to Campos Verdes, Coundlman Roberts advised that he would abstaining with regard to this Agenda item. By way of aidals, Deputy City Manager Thomhill presented the staff report (of record) and thanked Assistant Plenner Anders for her eftotis associated with this project. In light of the ongoing construction of certain major projects such as the Domenigoni Reservoir, the Regional Mall, Johnson Ranch, etc., Mayor P~ Tern Stone commented on how these project may further impact the City's traff'm congestion and relayed his concern with a neighborhood street functioning as an artedal road and, therefore, creating cut through traffic for this particular residential area. In response to Mayor Pro Tern Stone, Mr. Robert Davis of Wilbur Smith Associates, Principal Transportation Planner, advised that the General Ran Circulation Element Treffic Model has taken into consideration the construction of the Domenigoni Reservoir, the Regional Mall, French Valley unincorporated area, the natural growth of the City, etc.; noted that a certain amount of local traffic from the Campos Verdes and Rodpaugh Hills Estates communities will utilize the neighborhood street to access Winchester Road, North General Keamy, etc.; advised that if the street ware closed, individuals would be forced to access arterial streets which will further impad already congested streets; and stated that the use of stop signs does not slow the speed of traffic. Mr. Davis further elaborated on the amount of projected vehicles traveling Sandealing Way, per day if the closure would not be approved; commented on the standards for local residential streets; and advised that traffic for Rodpaugh Hills will increase by approximately 360 vehicles par day. At this time, Mayor Ford opened the public headng. By way of pictures, posters, and maps, the following individuals relayed their suppod of the closure of Sandealing Way and Starling Street: ' Mr. Mark Jones 29379 Mr. Michael Budd 27598 Mrs. Kathy Budd 27598 David Barron 40223 Ms. Patdcia Hall 27483 Ms. Jonda Hammons 27550 Mr. Dennis Vedra Becky Fdtsch Rencho Califomla Read Sandealing Way Sandealing Way Mimulus Way Lark Court Sandealing Way 40257 Mimulus Way 27527 Swallow Court 10 Andrew Ronie 40575 La Colima The above-mentioned individuals noted their support for closure of Sandealing Way and Stading Street for fie following masons: creation of cut-through traffic and related impacts on the residents resolution of City-wide traffic congestion should be shared by the entire City, not one community; f Sandealing Way were opened, all other streets throughout the City, originally designed as through streets, should be opened for the entire use of the City children's safety grading impact on property values devaluation of this community's standard of living loss of open space Ms. Mary Rauschenburg, 181 Old Spdngs Road, representing Communities Southwest, relayed her support of the project, further dadlying the Specific Plan amendment with regard to school and park acreage; advising that the Sdxx>l District, after the completion of a needs analysis, concluded that the construction of a middle school would be more necessary than an elementary school; and noting that the location of the school was chosen because of the location of the park as well as its distance from major traffic. Because the tracts have been designed in accordance with the previously adopted Specific Plan, Mr. Barn/Burnell of T&B Planning, 3242 Hallday, Suite 100, ,Santa Ana, representing Woodside Homes Development, relayed agreement with the residents' request for street closure but requested that such approval would net require the developer to redesign the tracts to eliminate the roadways and that the request be accomplished by merely blocking the roadway. Noting that the creation of an alley behind the backyards could be removedi Mr. Bumell further elaborated on the construction of the block wall along the back edge, the removal of the fencing, and, thereby, increasing the impacted residents' backyards. In response to Ms. Hall, Mayor Ford confirmed that the City has joint use agreements with the School Distdct and Community Services Director Parker noted that staff is in the process of working on a joint use agreement for the new middle school, Deputy City Manager Thomhill clarified that the cun'ent conditions of approval require the developer to construct a six foot retaining wall with landscaping but that the developer has offered to work with the impacted property owners in an effort to provide an alternative option. W'd~ regard to grading concem and the inability to construct on the increased portion of the backyards and, thereby, devaluating that portion of property, Mr. Bumell advised that the City's existing setbeck requirements would prohibit any construction in that specific area> Mr. Bumell bdefly reviewed drainage plans, commenting on the existing underground pipe as well as an overground easement. Mr. Tim McGinnis of Woodside Homes Development further elaborated on the associated costs with the proposed landscaping for the impacted property owners. Minute~',032399 11 Mr. Forrest Thomas, representing the Temecula Unified School District, 40516 Rodpaugh, requested assistance from the City to ensure sidewalks are constructed for those students at+ending Day Middle School. Mayor Ford briefly referenced an earlier comment, made by Coundlman Roberrs, with regard to available funding for the City and the School District as it relates to bicycle and pedestrian walkways. Mayor Pro Tern Stone requested that the construction of sidewalks be agendized for discussion at the upcoming CIP Workshop. At 9:56 P.M., Mayor Ford called a recess and reconvened the moeting at 10:10 P.M. Them being no additional public input, Mayor Ford, dosed the public headrig. For Councilman Comerchero, it was noted by Community Services Director Parker that the reduction in park acreage (10.8 to 3.1 acres) will not affect the Quimby requirements and that originally more parkland than what was required had been provided and, therefore, the reduction in parklnd is greater than the reduction in msidantial. Mr. Parkef advised that the reduction in parklnd was basically the result of the increase in the size of the school which reduced the residential units and, therefore, reduced the Quimby requimrnents. Considering the msidants of the area of discussion am not desirous of utilizing these roads for person .al use and considering the developer has no objection to keeping them dosed as long as the tract design does not have to be changed, Coundlman Comerchero relayed his suppod to the closure. If the roads were opened, Mayor Pro Tem Stone noted that the basic width of these roads would not allow enough trough traffic to mitigate any traffic concams from Winchester Road and that it would only create a safety concam for the involved residents. Therefore, Mayor Pro Tern Stone supported the closure with the following conditions: - that knox boxes be installed - that adequate landscaping be provided - that pedestrian walkway be provided to the Middle School f In light of the City's efforts to mitigate City-wide traffic impacts and as well attempt to address the residents' noted concams, Mayor Ford advised that such action of closure will create a concantmtion of traffic at local points and, therefore, requested the impacted residents for their patience when traveling these local points. : In response to Mayor Ford's suggestion that the property owners be given the option to construct a landscaped and irrigated crib all in the area where the retaining wall exceeds 6' high, additional discussion ensued with Mr. McGinnis voidng no objection to his suggestion. MOTION: Coundlman Lindemans moved to approve staff recommendation with the following two added conditions under Section 3: Sandealing Way at the boundary of Campos Verdes and Rodpaugh Estates and Rodpaugh Road at the boundary of Campos Verdos and Rodpaugh Estates shall be closed to through traffic. The developer shall install a decorative gate at each location to effect the closure. The gate shell be equippad with a "Knox Box" to allow emergency access to the streets and shall provide for pedestrian access Minute6~032390 12 through the gate. The location, design, and landscaping for the gates and areas surrounding them shall be approved by the Director of Community Development. In those areas in which a retaining wall will exceed six feet (6'), the developer shall install a crib wall with landscaping and irrigation, subject to approval of the plans for the crib wall and landscaping by the Director of Community Development. In those areas in which the retaining wall is less then six feet (6'), the developer shell heve the option of installing a crib wall with landscaping and irrigation or a retaining wall screened with landscaping, subject to approval of the plans for the crib wall or landscaped retaining wall by the Director of Community Development. The Director of Community Development may waive the requirements of this section for a crib wall or landscaped retaining wall upon the mutual written agreement of the developer and adjacent landowners to fill the ditch on the border of the Tract and raplace the existing fenring. The motion was seconded by Coundlman Comerchero and voice vote reflected approval with the exception of Coundlman Roberrs who abstained. f Because every neighborhood and every traffic pattem throughout the City is different, Coundlman Comerchero noted that every situation will be considered on its own medts and, therefore, the action taken this evening should not be viewed as precedent setting. it was noted that the horse trail easement would have to be addressed between the Homeowners Association and the property owner. At this time, City Attomey Thorson introduced Ordinance No.99-08 by reading it into the record by title only. MOTION: Coundlman Lindemans moved to introduce Ordinance No. 99-08 as amended. The motion was seconded by Mayor Pro Tem Stone and voice vote reflected approval with the exception of Councilman Robeds who abstained. At 10:40 P.M., Mayor Ford called a recess end reconvened the meeting at 10:44 P.M. AT THIS TIME, CITY COUNCIL RETURNED TO REGULAR AGENDA ORDER 16 Pro|~osed Annexation of the Redhawk and Vail Ranch Communities and Related Im~osition of Taxes. Rates, and Charges (Planning ADDlication No. PA98-0205~ f RECOMMENDATION: 16.1 Adopt a resolution entitled: 13 RESOLUTION NO. 99-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING THE REORGANIZATION DESIGNATED AS LAFCO NG. 98-14-1 INCLUDING THE ANNEXATION OF THE REDHAWK AND VAIL RANCH SPECIFIC PLAN AREAS TO THE CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE DETACHMENT OF THOSE AREAS FROM THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT, COUNTY AREA 143, AND COUNTY SERVICE AREA 152 SUBJECT TO VOTER APPROVAL OF APPLICABLE TAXES, ASSESSMENTS, AND CHARGES 16.2 Direct staff to prrepare materials for an election on the annexation and the imposition of taxes, rates, end charges within the annexed areas; 16.3 Direct staff to determine the value of written protests received from the property owners end/or registered voters in the annexation area and report its findings at a subsequent City Coundl meeting within 30 days of this headng. Mayor Ford noted that he would be abstaining with regard to this issue with Mayor Pro Tem Stone presiding. City Clerk Jones advised that any written protest, with re0ard to the annexation, must be presented to the City Clerk pdor to the dose of this hearing and must contain date, name, signature, address or location of property, end a statement that the individual is a registered voter in the City. At this time, Ms. Jones advised that a letter of protest has bean received from Mr. and Mrs. Alvafez, 45597 Via Puuebla, and further clarified, for Councilman Lindernans, the overall election costs of $35,000. Recapitulating the annexation process, Deputy City Manager Thomhill presented that staff report (as per agenda material). City Attomey Thorson bdefly commented on the various laws goveming this annexation - Annexation Law, Proposition 218 Law, and Election Law; advised that the election will be set for November 2, 1999 and that both Redhawk and Vail Ranch will require a two-thirds voter approval and that if one area were not approved, the entire annexation would not be approved. Community Services Director Parker further elaborated on the rates and charges, noting the following: that if the annexation were zipproved, Redhawk and Vail Ranch residents will no longer be paying the current County assessments; that the current Homeowners Assodation dues in Redhawk will not be impacted as a result of the annexation; that all parcels in the City of Ternecula pay a special tax for Parks and Recreation Services, which will include, if ennexed, Redhawk and Vail Ranch, advising that vacant land as well pays this special tax but at a higher rate; that the special tax for perks, rates and charges for slope maintenance, and street lighting services may not be increased without an eledion; Minute~0323ii 14 that the trash collection rate may fluctuate based on CPI or tipping fee increase at the landfill; that the spatial tax for the Redhawk residents will increase because the current cost, as per the County, for providing slope maintenance services is distributed to vacant land end improved residential percals; that the Redhawk residents will experience a savings in street lighting services, trash collection services, end street sweeping services; that the Vail Ranch residents are paying a spatial tax for perks and slope maintenance services which will nominally increase; that the Vail Ranch residents will as well experience a savings with regard to street lighting services, trash collection services, ,and street sweeping services. Deputy City Manager Thomhill noted that street sweeping services will be provided to the gated communities in Redhawk end that if the annexation were appmved, it would be effective July Commending the City Coundl on efforts it has taken to propedy appdse the affected residents of the annexation process, Mr. Mickey Cams, 45396 Via Jace, spoke in support of it. Echoing Mr. Cams' comments, Mr. Ron Torco, 45436 Via Jaca, as well relayed his support of the annexation. Mr. Elton Ward, 45322 Callestio Burgos, as well relayed his support of the annexation. City Clerk Jones reitemtecl that if anyone were interested in submitting a written protest to the annexation, this would be the appropriate tim to submit it. At this time, Mayor Ford dosed the public haadng. In light of only receiving one written protest letter, City Attorney Thorson noted that staff recommendation 16.3 should be deleted. MOTION: Councilman Robarts moved to approval the staft recommendation with the deletion of 16.3. The motion was seconded by Coundlman Lindemens and voice vote reflected approval with the exception of Mayor Ford who abstained. 17 Second Sedes of 1999 General Plan Land Use MaD Amendrnents (CamDos Verdes SDecif'm Plan; Norm Reeves site on Jefferson Road: portions of Kahwea Road and Avenida del ReDoso and Nob Court; Jefferson Road/Winchester Detention Basin; and norlhwest of W'mchester and Nicholas Road Previously discussed out of order; see pages 8 - 9. 18 Planning Application No. PA9cJ-0015 (Amendment No. I to CamDos Verdes Sg~ed~c Plan) which consists of increasinn the school site from 10 acres to 20 acres, a reduction of 66 residential oarcals, a reduction to the Dark site. and channinn a portion of the residential and Dark zoned property to a commerdal zonino dassirmation Previously discussed out of order; see pages 9 - 13. 15 COUNCIL BUSINESS 19 Amendment to the Public/Traffic Safety Commission Monthly Compensation RECOMMENDATION: 19.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 99-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION NO. 2.40.100 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO MONTHLY COMPENSATION FOR CITY COMMISSIONERS 19.2 Adopt a resolution entitled: RESOLUTION NO. 99-26 f A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE MEETING SCHEDULE FOR THE PUBLIC/TRAFFIC SAFETY COMMISSION City Clerk Jones reviewed the staff report (as per agenda material). City Attorney Thorson introduced Ordinance No. 99-09 by reading it into the record by title only. MOTION: Coundlman Lindemans moved to approve the staff recommendation. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. 20 National Pollutant Discharae Elimination System (NPDES} Ordinance RECOMMENDATION: 20.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 99-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING STORMWATER/URBAN RUNOFF MANAGEMENT AND DISCHARGE CONTROLS IN COMPLIANCE WITH THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM AND MAKING FINDINGS IN CONNECTION THEREWITH ' City Attorney Thorson introduced Ordinance No. 99-10 by reading into the record by title only. MOTION: Mayor Pro Tern Stone moved to approve staff recommendation. The motion was seconded by Councilman Comerchero and voice vote reflected unaniomous approval. Minutes%032399 16 21 1998-99 Community Service Fundinn Prooram Spdnn Distribution Recommendations RECOMMENDATION: f 21.1 Review and approve the 1998-99 Community Service Funding Program - Spdng distribution requests per the attached table ouUining the committee's recommendations of seven organizations toiling $38,480. Finance Director Roberts referenced the staff report (of record). Since People Helping People has not to date received its non-profit situs, Mayor Pro Tem Stone requested that no funds be dispersed until the organization has attained its non-profit status. MOTION: Coundlman Lindemans moved to approve the staff recommendation as amended. The motion was seconded by Mayor Pro Tem Stone and voice vote reflected unanimous approval. In light of Ms. Sparkman's absence, City Clerk Jones read into the record a letter from Ms. Sparkmen in which she thanked the City Coundl for its kind generosity to the Susan G. Komen Breast Cancer Foundation. CITY MANAGER'S REPORT Acting City Manager Nelson noted that at the Apdl 13, 1999, City Coundl meeting, an extended dais would be provided for those Chairpersons of ~ach Commission who will be attending the City Coundl meetings. CITY ATTORNEY'S REPORT City Attorney Thorson noted that with respect to Item Nos. I - 4 (real property), the City Council provided direction to the negotiator and that all final decision would be taken in open session. W'rth regard to Item No. 5 (existing litigation), the matter was continued to the next City Coundl meeting. VVith regard to Item No. 5 (potential litigation), the City Coundl provided direction to him. 17 ADJOURNMENT At 11:25 P.M. , Mayor Ford formally adjoumed the City Council meeting to Tuesday, Apdl 13, 1999, 7:00 P.M., City Council Chambers, 43200 Business Park Ddve, Temecula, Califomia Steven J. Ford, Mayor ATTEST: Jones, [SEAL] Minutes%03231t 18