Loading...
HomeMy WebLinkAbout081099 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL AUGUST 10, 1999 CLOSED SESSION A meeting of the City of Temecula City Council was called to order at 6:00 P.M., in the Main Conference Room. 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 conceming the acquisition of real property at 27660 Jefferson Avenue (Temecula Valley Inn). The negotiating parties are the City of Temecula and Temecula Valley Inn. Under negotiation is the pdce and terms of payment of the real property interests proposed to be acquired. The City negotiators are Shawn Nelson and James O'Grady. 2. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning leasing of real property located at 27500 Jefferson Avenue, Temecula. The negotiating parties are the Redevelopment Agency of the City of Temecula and Norm Reeves Honda, Donna L. Reeves Trust and Richardson RV. Under negotiation is the price and terms of payment to the real property interests proposed to be conveyed. The Agency negotiators are Shawn Nelson, James O'Grady, and John Meyer. The Open Session of the City Council meeting convened at 7:01 P.M. Present: Councilmembers: Comerchero, Roberts, Stone, and Ford. Absent: Councilmember: Lindemans. PRELUDE MUSIC The prelude music was provided by Joanne Algier. INVOCATION The invocation was given by Pastor James Mason of Imani Temple. ALLEGIANCE The audience was led in the Flag salute by Councilman Comerchero. PUBLIC COMMENTS There were no public comments. R:~Agenda~)81099 1 CITY COUNCIL REPORTS A. Councilman Roberrs informed the City Council, staff, and the viewing public that he has been asked, by the County Board of Supervisors, to serve on the Transportation Advisory Committee in order to work on the completion of the Riverside County Integrated Plan, briefly commenting on the timeframe of completion as well as the involvement of various agencies. B. Having attended a recent League of Califomia Cities Conference, Councilman Comerchero relayed information he had obtained with regard to Intemet Business and its current and potential impact on the City's sales tax. Mr. Comerchero as well referenced discussions with regard to the State's consideration of reallocating sales tax on a per capita basis and the impact such a decision would have on the City. C. Relaying that the Riverside County Board of Supervisors has approved to match the City's $125,000 allocation in its efforts to eradicate the glassy-winged sharpshooter from the vineyards, Mayor Pro Tem Stone noted that $250,000 are now available toward Phase I of this eradication process. Mr. Stone highly commended Assemblyman Pacheco' for his expediency in attempting to address this problem. D. Mayor Pro Tem Stone relayed his delight with the potential relocation, to the City, of a manufacturing company which detects breast cancer at its eadiest possible stage. E. Commenting on the potential impact of the glassy-winged sharpshooter, Mayor Ford thanked the involved individuals for their support and addressed the impact this insect/disease could as well have on landscaping, flowers, and citrus. F. Mayor Ford apprised the viewing public of an upcoming fundraiser on October 22, 1999, at Temeku Hills, for the F.A.S.T. Program in order to provide an additional paramedic squad. G. In light of public communication he has received, Mayor Ford commended both Officer Pino and Officer Mooney on a job well done. Mr. Ford as well commended Mr. and Mrs. Kirk and Terry Summers for their Good Samaritan efforts and requested that special recognition be given at a future City Council meeting. SUBSEQUENT NEEDITEM Providing clarification with regard to action necessary to discuss a subsequent need item, City Attomey Thorson noted that City staff is requesting that the Governor call upon the Legislature to reconvene in order to address the glassy-winged sharpshooter issue. MOTION: Mayor Pro Tem Stone moved that sufficient findings exist to discuss the above- mentioned request. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Councilman Lindemans who was absent. Mr. Ton Dryden representing State Senator Haynes read into the record a letter of support from Senator Haynes with regard to the City's efforts in lobbying Governor Davis' support to allocate the necessary funding in an effort to eradicate the glassy-winged sharpshooter. R:~Agenda\081099 2 MOTION: Mayor Pro Tern Stone moved to adopt Urgency Resolution No. 99-85. RESOLUTION NO. 99-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING GOVERNOR DAVIS CONVENE A SPECIAL SESSION OF THE LEGISLATURE TO APPROPRIATE EMERGENCY FUNDING TO COMBAT THE RECENT OUTBREAK OF PIERCE'S DISEASE SPREAD BY THE GLASSY-WINGED SHARPSHOOTER The motion was seconded by Councilman Comerchero and voice vote reflected approval with the excel~tion of Councilman Lindemans who was absent. CONSENT CALENDAR I 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 Resolution ADDrovinG List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 99-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 City Treasure's Report as of June 30, 1999ecommendation: RECOMMENDATION: 3.1 Receive and file the City Treasurer's Report as of June 30, 1999. 4 Multi-Species Habitat Conservation Planning AGreement RECOMMENDATION: 4.1 Approve the City's participation in the Multi-Species Habitat Conservation Planning Agreement and authorize the Mayor to sign the Agreement. R:~Agenda~081099 3 5 Amendment to Los Ranchitos CC&Rs RECOMMENDATION: 5.1 Approve amendment to Declaration of Covenants, Conditions, and Restrictions of the Los Ranchitos Homeowners Association. 6 7 8 9 First Amendment to AGreement - Davidson + Allen Architects and the City of Temecula dated May 25. 1999 for Phase III of the Maintenance Facility RECOMMENDATION: 6.1 Approve a First Amendment to the Agreement with Davidson + Allen Architects increasing the contract amount by $5,100.00. Development Impact Fee AGreement with Woodside Homes - Long Canyon Creek ParkrTract 28510-1 (Campos Verdes Specific Plan) RECOMMENDATION: 7.1 Approve the Development Impact Fee Agreement between the City of Temecula and Woodside Homes to establish preliminary fee credits in the amount of $358,530 for the construction of Long Canyon Creek Park, Lot 81 of Tract No. 28510-1. (Continued to the August 24, 1999, City Council meeting.) Tract Map No. 28510 (located northeast of North General Keamv Road and Mamarita Road in Campos Verdes Specific Plan No. I RECOMMENDATION: 8.1 Approve Tract Map No. 28510 in conformance with the Conditions of Approval; 8.2 Approve the Subdivision Improvement Agreement; 8.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Matedal Bond and Monument Bond as secudty for the agreements. (Continued to the August 24, 1999, City Council meeting.) Tract Map No. 28510-1 (located northeast of North General Keamy Road and MarGadta Road in Campos Verdes Specific Plan No. I RECOMMENDATION: 9.1 Approve Tract Map No. 28510-1 in conformance with the Conditions of Approval; 9.2 Approve the Subdivision Improvement Agreement; R:~Agenda~081099 4 9.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Matedal Bond and Monument Bond as secudty for the agreements. (Continued to the August 24, 1999, City Council meeting.) 10 Tract MaD No. 28510-2 (located northeast of North General Keamv Road and Mamadta Road in CamDos Verdes Specific Plan No. 1 RECOMMENDATION: 10. 1 Approve Tract Map No. 28510-2 in conformance with the Conditions of Approval; 10.2 Approve the Subdivision Improvement Agreement; 10.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Matedal Bond and Monument Bond as secudty for the agreements. (Continued to the August 24, 1999, City Council meeting.) 11 Tract MaD No. 28510-3 (located northeast of North General Keamy Road and Mamarita Road in CamDos Verdes Sl~ecific Plan No. 1 RECOM MEN DATION: 11.1 Approve Tract Map No. 28510-3 in conformance with the Conditions of Approval; 11.2 Approve the Subdivision Improvement Agreement; 11.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as secudty for the agreements. (Continued to the August 24, 1999, City Council meeting.) 12 Parcel MaD No. 29175 (located east of Mamadta Road between Winchester Road and Verdes Lane) RECOMMENDATION: 12.1 Approve Parcel Map No. 29175 in conformance with the Conditions of Approval; 12.2 Approve the Subdivision Improvement Agreement; 12.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Matedal Bond and Monument Bond as secudty for the agreements. (Continued to the August 24, 1999, City Council meeting.) R:~Agenda\081099 5 13 Parcel Map No. 29055 (located at the northwest comer of Diaz Road at Rancho Way) RECOMMENDATION: 13.1 Approve Parcel Map No. 29055 in conformance with the Conditions of Approval. 14 Authorize Temporanf Street Closure for Construction Pumoses (located at De Portola Road from Meadows Parkway to the east boundary of Paloma Del Sol Sl~orts Park) RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 99-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURE FOR CONSTRUCTION PURPOSES IN DE PORTOLA ROAD FROM MEADOWS PARKWAY TO THE EAST BOUNDARY OF PALOMA DEL SOL SPORTS PARK AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THESE SPECIFIC CONSTRUCTION CLOSURES 15 Quitclaim Slope Easement abuttin.cl a portion of Via Las Colinas in Parcel MaD No. 13466 (located on Via Las Colinas southeasterly of Rancho California Road) RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 99-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN IRREVOCABLE OFFER OF DEDICATION FOR SLOPE PURPOSES WHICH WAS NOT ACCEPTED BY RIVERSIDE COUNTY AND AUTHORIZING QUITCLAIM OF THIS CERTAIN SLOPE EASEMENT TO THE UNDERLYING FEE OWNERS OF PARCEL 3 OF PARCEL MAP NO. 13466 SUBJECT TO ACCEPTANCE OF NEW SLOPE EASEMENTS BY RESOLUTION NO. 99-82 16 Accept Irrevocable Offer of Dedication for Slope Easements abutting portions of Via Las Colinas in Parcel Map No. 13466 (located on Via Las Colinas southeasterly of Rancho Califomia Road) RECOMMENDATION: 16.1 Adopt a resolution entitled: R:V~,genda\081099 6 RESOLUTION NO. 99-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING IRREVOCABLE OFFER OF DEDICATION OF EASEMENT FOR SLOPE PURPOSES IN SUBSTITUTION FOR EASEMENT QUITCLAIMED BY RESOLUTION NO. 99-81 AND FOR NEW SLOPE EASEMENT ON PARCEL 3 OF PARCEL MAP NO. 13466 17 Acceptance of Grant of Easement for a Slope RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 99-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A GRANT OF EASEMENT FOR SLOPE PURPOSES ON THE NORTH SIDE OF RANCHO CALIFORNIA ROAD AT TOWER PLAZA FOR THE WIDENING OF THE ROAD 18 Completion and Acceptance of Rancho California Road at Interstate Route 15. Brid.ee Widening and Northbound Ramp Improvements - Project No. PW95-12 RECOMMENDATION: 18.1 Approve Amendment No. I to the Contract between the City of Temecula and Riverside Construction Company to construct Rancho California Road at Interstate Route 15, Bddge Widening and Northbound Ramp Improvements - Project No. PW95-12; 18.2 Authorize the Mayor to execute Amendment No. I to the Contract on behalf of the City in substantially the form attached to the Agenda Report; 18.3 Accept the project Rancho California Road at Interstate Route 15, Bridge Widening and Northbound Ramp Improvements - Project No. PW95-12 - as complete; 18.4 Direct the City Clerk to file a Notice of Completion, release the Performance Bond, and accept a one-year (1) Maintenance Bond in the amount of 10% of the contract; 18.5 Authorize the release of the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. R:V~genda\081099 7 19 La Serena Housin¢~ Street Li.~hting - Project No. PW99-10 RECOMMENDATION: 19.1 Approve an expenditure of $31,296.00 to Southem Califomia Edison to upgrede a total of 32 existing, 70-watt, high-pressure sodium street lights throughout the La Serena Housing Tract with 55-watt, low-pressure sodium street lights - Project No. PW99-10. 20 Second Reading of Ordinance No. 99-20 (Zonin~3 Map and Development Code) RECOMMENDATION: 20.1 Adopt an ordinance entitled: ORDINANCE NO. 99-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP AND DEVELOPMENT CODE OF THE CITY OF TEMECULA FOR PROPERTY KNOWN AS LOTS 166 AND 181 OF THE TEMECULA LAND AND WATER COMPANY ALSO KNOWN AS PARCEL A OF LOT LINE ADJUSTMENT PA 98-0477 PREVIOUSLY ASSESSOR'S PARCEL NO. 911-170-078 AND 911-170-085 (PLANNING APPLICATION NO. PA98-0511 ) MOTION: Councilman Roberts moved to approve Consent Calendar Item Nos. 1-6 and 13-20. The motion was seconded by Mayor Pro Tem Stone and voice vote reflected approval with the exception of Councilman Lindemans who was absent. At 7:23 P.M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:25 P.M., the City Council resumed with regularly scheduled City Council business. PUBLIC HEARINGS 21 Amendment to the Public Nuisance Ordinance RECOMMENDATION: 21.1 Introduce and read by title only an ordinance entitled: R:~Agenda\081099 8 ORDINANCE NO. 99-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 8.12.020 OF THE TEMECULA MUNICIPAL CODE RELATING TO DESIGNATION OF PUBLIC NUISANCES, AMENDING SECTION 8.12.160 RELATING TO EMERGENCY ABATEMENT AND ALTERNATE ABATEMENT ACTIONS, AND ADDING SECTION 10.08.075 TO THE TEMECULA MUNICIPAL CODE PROHIBITING THE DEPOSIT OF HAZARDOUS SUBSTANCES, DEBRIS, ROCKS OR DIRT UPON PUBLIC RIGHTS OF WAY OR PROPERTY WITHOUT PERMISSION OF THE OWNER Redevelopment Housing Manager Meyer presented the staff report (of record). Mayor Ford opened the public headng. There being no public input, the public headng was closed. Councilman Comerchero requested that Condition No. J of the proposed ordinance be amended to read as follows: The accumulation of trash ... shall be removed from the property weekly or more often ... City Attorney Thorson provided additional clarification with regard to the enforcement of Condition No. J and introduced Ordinance No. 99-22, reading it by title only. MOTION: Councilman Comerchero moved to introduce Ordinance No. 99-22 as amended. The motion was seconded by Councilman Roberrs and voice vote reflected approval with the exception of Councilman Lindemans who was absent. 22 An Ordinance pertaining to the Subdivision, Reconfi{3uration, and/or Consolidation of Land within the City of Temecula RECOMMENDATION: 22.1 Adopt a Negative Declaration for Title 16 of the Temecula Municipal Code; 22.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 99-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING IN ITS ENTIRETY TITLE 16 OF THE TEMECULA MUNICIPAL CODE TITLED SUBDIVISIONS, REPEALING ORDINANCE NO. 94-08, ORDINANCE NO. 92-14, AND SECTION NO. 32 OF ORDINANCE NO. 90-94 AND ADOPTING NEW TITLE 16 TITLED SUBDIVISIONS FOR INCLUSION INTO THE TEMECULA MUNICIPAL CODE Deputy Manager Thornhill reviewed the staff report (as per agenda material), noting that the issues raised by the Building Industry Association were addressed; that any project with a R:~Agenda\081099 9 development agreement would be exempt from this recommendation; and that the proposed recommendation will only apply to new subdivisions in new specific plan areas, minor subdivisions of land, etc. Mayor Ford opened the public headng. There being no public input, the headng was closed. City Attomey Thorson introduced Ordinance No. 99-23, reading it by title only. MOTION: Mayor Pro Tem Stone moved to approve the staff recommendation. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the excel~tion of Mayor Ford who abstained with regard to Section 16.09.240 of the Ordinance and Councilman Lindemans who was absent. 23 Abatement of Hazardous VeGetation from Vacant Lots or Parcels per Ordinance No. 91-18, Chal3ter 8.16 RECOMMENDATION: 23.1 Hold a public headng and receive testimony for or against the confirmation of special assessments against vacant parcels of land within the City for hazardous vegetation abatement; 23.2 Adopt a resolution entitled: RESOLUTION NO. 99-84 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 COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION Mayor Ford noted that he would be abstaining with regard to this item. Chief Building Official Elmo presented the staff report (as per agenda material), clarifying the City's weed abatement process and associated costs and advising that the weed abatement program is managed by City Code Enforcement staff; that all vacant parcels are inspected by Fire Prevention Services; and that no weed abatement is completed without the authorization of City staff. Councilman Roberts requested that staff address a complaint he had received from Mr. Peter Giovannoni, advising that Mr. Giovannoni had received a bid for weed abatement and prior to him implementing the bid, the City's weed abatement contractor completed the task but at a much higher cost. Staff noted that the matter would be explored pdor to recordation and assessment. At this time, Mayor Pro Tern Stone opened the public headng. For Mayor Pro Tem Stone, Mr. Ken Osbome, President of Fire Prevention Services, further elaborated on the City's weed abatement process and required notification. R:%Agenda\081099 10 There being no additional input, the public headng was closed. MOTION: Councilman Comerchero moved to approve the staff recommendation with the amendment regarding Mr. Giovannoni's parcel. The motion was seconded by Coundlman Roberrs and voice vote reflected approval with the exception of Mayor Ford who abstained and Coundlman Lindemans who was absent. COUNCIL BUSINESS 24 FY1999-2000 FundinQ ReQuests RECOMMENDATION: 24.1 Review and approve funding for the following organizations: · Temecula Valley Chamber of Commerce in the amount of $129,000; Economic Development Corporation of Southwest Riverside County in the amount of $20,000, plus funding for an independent certified public accountant review of the EDCSWRC financial statements in an amount not to exceed $5,000; Temecula Valley Film Council financial statements in the amount of $59,000, plus funding for an independent certified public accountant review of the Film Council financial statements in an amount not to exceed $5,000; · Inland Empire Economic Partnership in the amount of $11,638. 24.2 Approve an appropriation of $33,738 from the Unappropdated Reserves of he General Fund to the Economic Development Budget; 24.3 Approve operating agreements with these organizations and authorize the Mayor to execute the agreements. Assistant City Manager O'Gredy reviewed the staff report (as per agenda matadal), clarifying and reviewing, in detail, each funding request and providing information with regard to IEEP and EDC funding levels for the participating cities. Commenting on the preliminary financial statement, Ms. Maggie Allen, President of the Film Council, further clarified donations and expenditures with regard to the Film Festival and advised that the Film Council has requested that it no longer be responsible for future Film Festivals. In light of the Film Council's request, Councilman Comerohero concurred with the segregation of the Film Festival from the Film Council. In response to Councilman Roberts' comment that both the Film Council and the Film Festival should be audited, Ms. Allen noted that the Film Festival has its own independent auditor and that a final audit will be provided. Mr. Lon Brusegard, 23766 Via Maddd, Murrieta, Member of the Board of Directors of Southwest Riverside Manufacturers Council and Member of the Board of Directors of the EDC of R:V~genda\081099 11 Southwest Riverside County, addressed the services provided by EDC and requested additional funding in order to continue on-going efforts of the EDC. Ms. Bonnie Hanna, 43533 Ridge Park Ddve, referenced accomplishments of the EDC; requested the City's continued support of EDC; and as well requested additional funding for EDC. In response to Mayor Pro Tem Stone, Councilman Comerchero, a member of the subcommittee, further elaborated on the City's change in direction as to funding for the EDC and commended the EDC on its role of business retention and it focus to expand that role. Ms. Terd Ooms further addressed the IEEP Marketing Plan, commenting that the associated City rate is based on per capita. Assistant City Manager O'Grady advised that the Business Retention Committee has met in order to set goals for the upcoming year. Commenting on the vast discrepancy as to this years funding for the EDC, Mayor Ford requested that the Coundl have the opportunity to address potential funding changes/modifications at a future time. Assistant City Manager O'Grady confirmed that the City Council may, at a future time, readdress any potential change/modifications to the EDC funding. MOTION: Councilman Comerchero moved to approve the staff recommendation. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval of those present with the exception of Councilman Lindemans who was absent. Mayor Pro Tem Stone thanked Councilmembers Comerchero and Roberts for their efforts and time dedicated toward this committee. 25 Desi{3nation of Voting DeleGate for the Leac~ue Annual Conference RECOMMENDATION: 25.1 Designate a voting representative and an alternate. City Clerk Jones reviewed the staff report (as per agenda material). MOTION: Mayor Pro Tern Stone designated Mayor Ford as the voting representative and Councilman Roberts as the alternate. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval of those present with the exceDtion of Councilman Lindemans who was absent. CITY MANAGER'S REPORT City Manager Nelson extended appreciation to Deputy Director of Public Works Parks for his efforts in expediting the completion of the Nicolas Sidewalk Project. R:~Agenda~081099 12 CITY ATTORNEY'S REPORT Advising that them were no items to report under the Brown Act, City Attorney Thorson noted that with regard to the two real property items, the City Council provided direction and advised that any final action would be taken in Open Session. As requested by the City Council, Mr. Thorson advised that he had reviewed the allegations made concerning Mr. Ford and DNA Enterprises, noting the following: that three documents (Articles of Organization, Statement of Information, a letter from DNA Enterprises Attorney) were collected; that of these three only one (Statement of Information) reflected Mr. Ford's name; that the attorney of DNA Enterprises had indicated that Mr. Ford was not an organizing member and had not served as a manager of the organization; and that he has requested the receipt of three additional documents, which to date have not been received - current list of members, operating agreement for the organization, and a corrected Statement of Information. ADJOURNMENT At 8:38 P.M., Mayor Ford formally adjourned the City Council meeting to Tuesday, August 24, 1999, 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula California. 7~Mayor even J. Ford, ATTEST: Susan W Jo s CMC/'-,AE [SEAL] R:~Agenda\081099 13