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HomeMy WebLinkAbout061097 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD JUNE 10, 1997 FXI=CUTIVF SFSSION A meeting of the City of Temecula City Council was called to order at 5:30 PM. It was duly moved and seconded to adjourn to Executive Session at 5:32 PM, pursuant to Government Code Sections: 1. §54957.6, Conference with City's Labor Negotiator, Grant Yates. 2. §54956.8, Conference with real property negotiator; Property: 3.09 acres located at the Northwesterly corner of La Paz Road and State Route 79, APN 922-190-25; Negotiating Parties: Mike Moramarco, County of Riverside and the City of Temecula; Under negotiation: Price and terms of payment. The motion was unanimously carried. The Executive Session was adjourned at 5:50 PM. A regular meeting of the Temecula City Council was called to order at 7:02 PM at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Mayor Birdsall presiding. PRESENT: 5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. PRELUDE MUSIC The prelude music was provided by Jared Reed. INVOCATION The invocation was given by Reverend Lyle Peterson, Hope Lutheran Church PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Lindemans. PROCLAMATIONS/PRESENTATIONS Mayor Birdsall announced the Council had a proclamation for Chief James Wright, recently promoted to Chief of the Riverside County Fire Department, but he was not present due to a serious fire in Calimesa. R:kminutea\061097 I A Certificate of Appreciation was given to Jan Weilert for his contribution towards the purchase of a Cairns Iris Helmet mounted thermal imaging system. A Certificate of Appreciation was presented to the Noon Rotary, for providing funding for a second Cairns Iris Helmet. Mr. Weilert thanked the City Council for the certificate and stated he hoped the helmet would save lives. Mr. Dennis Frank, representing the Noon Rotary, stated they were honored to aid in the funding and thanked the business community for their support. He presented a city map used to raise funds to the City Council. John Winder, on behalf of the Fire Department, thanked everyone who was involved in efforts to acquire the helmets and stated Temecula's fire department was the first one on the West Coast to have them. City Manager Ronald Bradley announced Albert K. Crisp was awarded the Governor's Award for Older Workers and presented him with an award from the City of Temecula recognizing his contributions to the City. Mr. Crisp thanked the people on the staff, the City Council, and his wife for their support. Councilmember Ford presented a Certificate of Commendation to Kyle Kane for his outstanding baseball career with Temecula teams and for becoming a member of the Chicago White Sox. CITY ATTORNEY REPORT City Attorney Thorson stated in accordance with the provisions of the Brown Act, he had nothing to report from Closed Session. PUBLIC COMMENTS Grace Mellman, 36500 DePortola, representing the Friends of the Library, invited the public to a Board meeting on Wednesday, June 18, 1997, 4:00 PM, at the Temecula Library, for a presentation on library service effective July 1, 1997. CITY COUNCIL REPORTS Councilmember Ford announced a special meeting of the Murrieta Creek Advisory Committee will be held on June 16, 1997. He reminded everyone about the July 4th parade, and encouraged people to attend Summer Nights in Old Town on Friday evenings. Mayor Pro Tern Roberts stated he attended the 10th Annual Temecula Valley Scholarships Program and awarded nine (9) City of Temecula scholarships. Mayor Pro Tem Roberts reported the Riverside County Transportation Committee voted to be the lead agency regarding RCTC expansion, and a meeting is scheduled for June 23, 1997 for further review by all committees. He requested attendance by the Councilmembers to lend support for increased city representation. R:hninut~s\061097 2 He also thanked Mr. Paul Jacobs for his positive comments regarding the City Council in the "Californian". Councilmember Linderoans stated he had made a suggestion to make retiring Recreation Co- ordinator Ruth Chesher the first Honorary Mayor of Temecula for her efforts and requested the matter be placed on the first available agenda. Mayor Birdsall complimented the Community Services Department for the 1997 Summer Activities Program brochure. CONSENT CALENDAR Mayor Pro Tem Roberts asked to pull item No. 13 and stated he would abstain on No. 17 due to a conflict of interest. Councilmember Stone amended the minutes of May 13, 1997 to indicate he voted yes on property in the sphere of influence area being charged 100% of the maximum fee and stated he would abstain on No. 16, due to a conflict of interest. It was moved by Councilmember Lindemans, seconded by Councilmember Stone, to approve Consent Calendar Items No. 1-12 and 14-18, with Mayor Pro Tern Roberts abstaining on Item No. 17 and Councilmember Stone abstaining on Item No. 16. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Ford, Lindemans, Stone, Roberts, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 1. Standard Ordinance Adoption Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2. Minutes 2.1 Approve the minutes of May 13, 1997, as amended. 2.2 Approve the minutes of May 27, 1997 Resolution Approving List of Demands R:~ainutes\061097 3 3.1 Adopt a resolution entitled: RESOLUTION NO. 97-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Statement of Investment Policy 4.1 Adopt the Treasurer's Statement of Investment Policy as proposed by staff which provides safety, liquidity, and yield for City funds. Accept Offers of Dedication for Street, Utility and Services Purposes Within Parcel Maps No. 4646 and :)8084 for Portions of 7ero Drive, Winchester Road and Remington Avenue 5.1 Adopt a resolution entitled: RESOLUTION NO. 97-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING OFFERS OF DEDICATION FOR PUBLIC STREET, UTILITY AND SERVICES PURPOSES WITHIN PARCEL MAPS NO. 4646 AND 28084 BUT NOT ACCEPTING INTO THE CITY-MAINTAINED STREET SYSTEM Accept Public Improvements in Tract No. 2,2915-2 (Located at the Northwesterly corner of the intersection of Pauba Road at Butterfield Stage Road) 6.1 Accept the Public Improvements in Tract No. 22915-2; 6.2 Authorize the initiation of the one-year warranty period, reduction of the Faithful Performance Street, and Water and Sewer security amounts, and release of the Subdivision Monument security; 6.3 Direct the City Clerk to so advise the Developer and Surety. Acceptance of Public Streets into the City-Maintained Street System (Within Tracts No. 2:2915-:2 and :2:2915-3) (Located Southwesterly of the intersection of Rancho Vista Road at Butterfield Stage Road) 7.1 Adopt a resolution entitled: RESOLUTION NO. 97-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACTS NO. 22915-2 AND 22915-3 R:~ninutes\061097 4 10. 11. Accept Public Improvements in Tract No. 22915-3 (Located at the Southwesterly corner of the intersection of Rancho Vista Road at Butterfield Stage Road) 8.1 Accept the Public Improvements in Tract No. 22915-3; 8.2 Authorize the initiation of the one-year warranty period, reduction of the Faithful Performance Street, and Water and Sewer security amounts, and release of the Subdivision Monument security; 8.3 Direct the City Clerk to so advise the Developer and Surety. Release Warranty and Labor and Materials Bonds in Tract No. 23126 (Located Southerly of the intersection of Nicholas Road at Roripaugh Road) 9.1 Authorize the release of the Faithful Performance Warranty Bond Riders for Street, Drainage, and Water and Sewer Improvements and the Labor and Material Bonds in Tract No. 23126; 9.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors, the Developer and Surety. Accept Public Improvements in Tract No. 27827-3 (Located Northwesterly of the intersection of North General Kearny Road at Nicholas Road) 10.1 Accept the Public Improvements in Tract No. 27827-3; 10.2 Authorize release of Faithful Performance Street and Water and Sewer System Bond amounts, release of the Subdivision Monumentation Bond, and initiation of the warranty period; 10.3 Direct the City Clerk to so advise the Developer and Surety. Acceptance of Public Streets into the City-Maintained Street System (Within Tract No. 27827-3 (Located Northwesterly of the intersection of Nicholas Road at North General Kearny Road) 11.1 Adopt a resolution entitled: RESOLUTION NO. 97-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY- MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 27827-3) R:~inutes\061097 5 12. "All-Way Stop" - Calle Halcon at Elinda Road 14. 15. 16. 12.1 Adopt a resolution entitled: RESOLUTION NO. 97-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN "ALL-WAY STOP" LOCATION ON CALLE HALCON AND ELINDA ROAD Award of Construction Contract for Installation of an Interim Traffic Signal at State Route 79 South and Bedford Court 14.1 Award a contract for installation of an interim traffic signal at State Route 79 South and Bedford Court, Project No. PW96-17 to DBX, Inc. in the amount of $89,121.00 and authorize the Mayor to execute the contract. 14.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $8,912.10, which is equal to 10% of the contract amount. SB 312 - Adding Division 26 to the Water Code Relating to Financing a Flood Control and Prevention Program - Flood Prevention Bond Act of 1998 15.1 Adopt a resolution entitled: RESOLUTION NO. 97-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING SB 312 ADDING DIVISION 26 TO THE WATER CODE {COMMENCING WITH SECTION 79000) FLOOD PREVENTION BOND ACT OF 1998 Award a Professional Services Agreement to Urban Design Studio to Prepare the Southside Specific Plan Councilmember Stone stepped down due to a possible conflict of interest. 16.1 Award a Professional Services Agreement in the amount of $61,700.00 to Urban Design Studio to prepare the Southside Specific Plan and authorize the City Manager to execute the agreement. R:\minute~\061097 6 17. 18. 13. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Ford, Lindemans, Roberts, Birdsall NOES: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Stone Authorization to Execute Agreements for the Use of 1997-98 Fiscal Year Community Develoi;)ment Block C, rant Funds Mayor Pro Tem Roberts abstained. 17.1 Authorize the Mayor to execute the Supplemental Agreements for the 1997-98 Fiscal Year Community Development Block Grant Funds. 17.2 Authorize the City Manager to execute Sub-Recipient Agreements with the Emergency Food and Aid Program (Senior Center), the Parent Center, and Valley Intervention Program for Tots (VIP Tots) for administration of the 1997-98 Fiscal Year Community Development Block Grant Funds. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Ford, Lindemans, Stone, Birdsall NOES: 0 COUNCILMEMBERS: None ABSTAIN: I COUNCILMEMBERS: Roberts Second Reading of Ordinance No. 97-10 18.1 Adopt an ordinance entitled: ORDINANCE NO. 97-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING AN AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT NO. 5 BETWEEN THE CITY OF TEMECULA AND BRAMALEA, CALIFORNIA, LLC FOR TM 23100, 23101, 23103, AND TPM 28503, WITHIN SPECIFIC PLAN NO. 199 (PLANNING APPLICATION NO. PA97- 0030) "No Parking" Zones on Rancho California Road, Winchester Road, Pala Road. Santiago Road. Pauba Road. and Rancho Vista Road Mayor Pro Tem Roberts questioned whether there would be red curbing or posting of signs on Rancho California Road from Margarita Road to the East City Limits. He R:\minutea\061097 7 recommended waiting until the bike lane is put in, since two miles of red curbing does not look good. Mayor Pro Tern Roberts said making "no parking" on Santiago Road would eliminate Rod Run parking. He also stated that slope maintenance on Rancho California Road would be difficult if this is a "no parking" zone. Police Chief Pete Labahn stated that "no parking zones" are enforced by City ordinance; the Vehicle Code's no parking section does not address maintenance vehicles, however, when there is a red curb, maintenance vehicles are not ticketed as the intent is to enforce the spirit rather than the letter of the law. Mayor Birdsall agreed with Mayor Pro Tern Roberts regarding red curbing to the East City Limits, but emphasized the immediate need for red curbing on Rancho California Road between Oscar's and the church. She stated she does not see any reason to restrict parking on Santiago Road except for the bridge. It was moved by Councilmember Lindemans, seconded by Councilmember Ford, to approve staff recommendation with the exception of the portion of Santiago Road between Front Street and Ynez Road occupied by the overcrossing. 13.1 Adopt a resolution entitled: RESOLUTION NO. 97-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING "NO PARKING" ZONES ON RANCHO CALIFORNIA ROAD, WINCHESTER ROAD, PALA ROAD, PAUBA ROAD AND RANCHO VISTA ROAD AS SHOWN ON EXHIBIT "A" COUNCIL BUSINESS 22. ReQuest for Annexation of Redhawk bv the Redhawk Residents to the City of Temecula and the Temecula Community Services District (TCSD) Councilmember Ford stepped down due to a potential conflict of interest. Community Development Director Gary Thornhill presented the staff report. Councilmember Stone discussed the matrix developed at annexation workshops and asked staff to apply that matrix to Redhawk. He stated he was in favor of outreach with Vail Ranch; and his feeling would be to waive the fees as Redhawk residents have made significant expenditures in the City. R. F. Turco, 45436 Via Jaca, recommended annexation of Redhawk and requested Council's vote and support to begin annexation proceedings. He provided a briefing package to the Council. R:\minutes\061097 8 Mayor Birdsall voiced her concerns regarding maintenance of slope, common, and gated areas, and wants to be certain homeowners rather than developers choose to become part of the City. Mr. Bradley stated voting for annexation is by registered voters in the specific area, so residents are in control of the decision. Director of Community Services Shawn Nelson stated slope maintenance, street lighting, and refuse collection are services that have to be analyzed and compared to their CSA 143 fees. The fiscal analysis will be brought back to Council. Mayor Pro Tern Roberts stated the annexation would be cost effective, but there is a need to do a cost analysis and to contact Vail Ranch to see if they are also interested in annexation. His concerns are the commercial area obtaining permits that are not compatible with Temecula's design, and preserving some of the old Vail Ranch buildings. It was moved by Councilmember Stone, seconded by Mayor Pro Tern Roberts, to direct staff to conduct a cost impact analysis and to contact the Vail Ranch community to determine their interest in annexation. The motion was passed unanimously with Councilmember Ford abstaining. Mayor Birdsall asked Redhawk residents to voice their opinions for commercial projects coming before the County regarding landscaping, signage and no retail establishment design. Mr. Bradley mentioned there is a process wherein the City can become part of the County planning process while moving forward with the annexation study. RECESS Mayor Birdsall recessed the City Council meeting at 8:30 PM to accommodate the scheduled Community Services District and Temecula Redevelopment Agency meetings. The meeting was reconvened at 9:54 PM. It was moved by Councilmember Ford, seconded by Councilmember Lindemans, to extend the meeting to 11:30 PM. The motion was passed unanimously. Mayor Birdsall recessed the City Council meeting at 9:54 PM and it was reconvened at 10:10 PM. PUBLIC HEARINGS 19. Appeal of the Planning Commission's Approval of Planning Application No. PA96-0345 (Develol~ment Plan) - Shell Automobile Service Station, Car Wash, Convenience Mart. and a Kentucky Fried Chicken Fast Food Restaurant, at the Southwest Corner of R:\minut~s\061097 9 Margarita Road and Yukon, within the Palomar Village Shopping Center Community Development Director Gary Thornhill presented the staff report. Mayor Birdsall opened the public hearing at 10:31 PM. Larry Markham, 41750 Winchester Road, Suite L, representing the applicant, presented a petition with 1,063 signatures in favor of the project; discussed how the applicant has addressed the various concerns raised by the homeowners and the studies which have been done. Mayor Birdsall asked if he had any opposition to Condition 6 regarding loud speakers. Mr. Markham replied the applicant had no opposition. Councilmember Stone suggested a fenced area around the drive-thru to prevent walking across the driveway. Mr. Markham agreed with the suggestion. Lecius Richardson, 30044 La Prima Vera, spoke in favor of the project. City Clerk June Greek read a letter from Steve Rapaport, Activities Director of Temecula Valley High School, expressing his support of the project. Marilyn Sawyer, 30443 Danube Court, spoke in opposition to the project due to inadequate space. Robert Van Kirk, 41756 Humber Drive, addressed vehicle emissions, potential accidents and the hazardous nature of petroleum-based products as reasons for his opposition. Donna Villirilli, 30371 Red River Circle, spoke in opposition due to increased noise impacts. Steve Art, 42109 Roanoake Street, spoke in favor because of convenience and stated he had not received a ballot from the Homeowners Association regarding this project. Jim Contopolos, 42075 Humber, expressed concern because the project does not address community needs. Frank Villirilli, 30371 Red River Circle. stated he was opposed due to traffic safety impacts. He felt there was not a need for another gas station. It was moved by Councilmember Stone, seconded by Councilmember Ford, to extend the meeting to 12:00 AM. The motion was passed with Mayor Pro Tern Roberts voting no. Helen Szymanski, 30468 Red River Circle, presented a petition with 459 signatures of Village residents opposing the project due to noise pollution and garbage concerns. David Micheal, 30300 Churchill Court, spoke in opposition to the project due to noise, R:\minut~s\061097 10 lights and accidents with hazardous materials. Attorney Geoff Willis, 3403 Tenth Street, Suite 300, Riverside, stated an EIR must be prepared if there is substantial evidence in the record that the project may have a significant impact on the environment plus public controversy; and a certified engineer has stated the site is unsafe. It was moved by Councilmember Stone, seconded by Councilmember Lindemans, to extend the meeting to 12:30 AM. The motion was passed with Mayor Pro Tern Roberts and Mayor Birdsall voting no. Bob Nanigian, 41840 Humber Drive, spoke in opposition to the project. Mr. Markham reiterated he would provide staff with any information from the studies completed by the applicant; delivery of gas at night is agreeable; and suggested the delivery truck come in at the Rancho California Road and Yukon entrance, and proceed through the shopping center. Councilmember Lindemarts noted the petition presented by Mr. Markham contained signatures from people outside of Temecula, and the 459 signatures opposing the project were from people in Temecula. Curtis Scheu, 30140 La Primavera, representing Kentucky Fried Chicken, stated he collected 400 of the 1,063 signatures supporting the gas station at KFC and at the Lucky Shopping Center. Mayor Birdsall closed the public hearing at 12:13 PM. City Attorney Thorson noted the issues raised by Mr. Willis are issues that have been specifically studied or addressed and there is a great deal of information in the record that deal with all these issues. Mayor Pro Tern Roberts noted Yukon is utilized by a lot of trucks coming into the shopping center to get to the loading ramps. He suggested a signal at Yukon and Margarita Road, and fuel delivery should be after business hours. Councilmember Stone agreed with the signaling of Yukon and Margarita Road. He stated he favors delivery in the middle of the night by coming down Rancho California and going through the shopping center. It was moved by Mayor Pro Tern Roberts, seconded by Councilmember Stone, to extend the meeting until 1:00 AM. The motion passed unanimously. It was moved by Mayor Birdsall, seconded by Councilmember Stone, to approve staff recommendation with the following added conditions: 1 ) Fuel delivery will take place in late night or early morning hours; 2) A traffic signal will be installed at Yukon and Margarita Road per the adopted 1997-98 CIP priority schedule and 3) A revised routing R:\minutes\061097 11 plan for the delivery tankers will be submitted for approval. 19.1 Adopt the Negative Declaration for Planning Application No. PA96-0345; 19.2 Adopt the Mitigation Monitoring Program for Planning Application No. PA96- 0345; 19.3 Adopt a resolution entitled: RESOLUTION NO. 97-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 96-0345 (DEVELOPMENT PLAN - APPEAL), UPHOLDING THE PLANNING COMMISSlON'S DECISION TO APPROVE PLANNING APPLICATION NO. PA96-0345 (DEVELOPMENT PLAN) TO DESIGN AND CONSTRUCT A 648 SQUARE FOOT AUTOMATED CAR WASH, A 875 SQUARE FOOT CONVENIENCE MART (WITHOUT ALCOHOLIC BEVERAGE SALES), AND A 1,645 SQUARE FOOT FAST FOOD RESTAURANT WITH DRIVE- THROUGH SERVICE ON 0.794 ACRES LOCATED AT THE SOUTHWEST CORNER OF MARGARITA ROAD AND YUKON, WITHIN THE PALOMAR VILLAGE SHOPPING CENTER, AND KNOWN AS ASSESSOR'S PARCEL NO. 921-700-017. The motion was passed unanimously. COUNCIL BUSINESS 20. Planning Commission Apl~ointments Mayor Birdsall announced the appointments made tonight would become effective July 1, 1997, and requested staff to ask Andrew Webster to attend the June 24, 1997 meeting. It was moved by Councilmember Stone, seconded by Councilmember Lindemans, to reappoint Marcia Slaven. The motion was unanimously carried. It was moved by Councilmember Lindemans, seconded by Councilmember Stone, to appoint Ron Guerriero. The motion was unanimously carried. On behalf of the Council, Mayor Birdsall thanked all who applied and requested letters of appreciation be sent to all applicants. 21. Prima Facie Sl~eed Limit on Certain Streets It was moved by Councilmember Stone, seconded by Councilmember Lindemans, to approve staff recommendation. 21.1 Introduce and read by title only an ordinance entitled: R:\minutes\061097 12 ORDINANCE NO. 97-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 10.28.010{d! OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMIT ON 1! WINCHESTER ROAD BETWEEN JEFFERSON AVENUE AND DIAZ ROAD, 2) PAUBA ROAD BETWEEN YNEZ ROAD AND MEADOWS PARKWAY, 3) DIAZ ROAD BETWEEN RANCHO CALIFORNIA ROAD AND WINCHESTER ROAD, 4) RANCHO VISTA ROAD BETWEEN YNEZ ROAD AND MEADOWS PARKWAY CITY MANAGER'S REPORT Mr. Bradley asked for two Councilmembers to work with the Subcommittee to look at the CIP project regarding fencing. Councilmembers Roberts and Stone volunteered. Mr. Bradley announced the Commissioners' Appreciation dinner will be held Friday, June 27, 1997, and asked the Councilmembers to confirm by June 11. Mr. Bradley reported the new Parkview Fire Station will open on July 1, 1997. CITY ATTORNEY'S REPORT No report was given. ADJOURNMENT It was moved by Mayor Pro Tern Roberts, seconded by Mayor Birdsall, to adjourn at 12:43 AM to a meeting on June 24, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. Patricia H. Birdsall, Mayor ATTEST: City Clerk R:\minutes\061097 13