Loading...
HomeMy WebLinkAbout112895 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD NOVEMBER 28, 1995 EXECUTIVE SESSION A meeting of the City of Temecula City Council was called to order at 6:00 PM. It was duly moved, seconded and approved to adjourn at 6:00 PM to Executive Session pursuant to Government Code Section 54956.8 CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Property: Advanced Chemill Systems, 41740 Enterprise Circle North; Negotiating parties: Redevelopment Agency of Temecula and DispoMed; Under negotiation: Owner Participation Agreement. The motion was unanimously carried. A regular meeting of the Temecula City Council was called to order at 7:05 PM at the Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor Jeffrey E. Stone presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Lindemarts, Parks, Roberts, Stone ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. 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 Birdsall. City Attorney Thorson reported that the real estate matter listed on the closed session was discussed and direction was given to staff to negotiate with respect to that matter. PUBLIC COMMENTS Sam Pratt, 40470 Brixton Cove, addressed the City Council requesting TOTAL be given access to records that have previously been denied. City Attorney Thorson responded that the City has received three requests for records from TOTAL and has released 99% of the records requested. He explained that records that have not been released are exempt from disclosure, and are legal analysis that he has made under attorney client privilege. Minutes\ 11 \28\95 -1 - 12/21/95 Citv Council Minutes November 28, 1995 Kay Cassaro, 31616 Paseo Goleta, voiced objections to negotiating with businesses in order to entice them to locate in Temecula. CITY COUNCIL REPORTS Councilmember Roberts commented on an article in the Californian regarding trees in Temecula and requested that staff place a tree preservation ordinance on the Council agenda for consideration. He also showed the Committee's first choice for the Old Town Logo Contest. He explained this will need to be ratified by the Council. Mayor Stone asked when progress on the Winchester Bridge will be made. Public Works Director Joe Kicak stated that project is out to bid and bids will be opened on December 7th, with Council action placed on the December 12th meeting. Public Works Director Kicak also announced the results of the corridor study is expected the end of March, and work on interim traffic signals along 79S is progressing and should be out to bid by mid-January. Mayor Stone asked staff to investigate using the Senior Center Van for picking up seniors so they can attend events in the evening such as the Temecula Playhouse. Mayor Stone read a letter of commendation to Melinda Smith of ABC Preschool for becoming the first Pre-school in Temecula to receive accreditation from the National Association for the Education of Young Child (NAEYC). He offered his personal congratulations and stated that only 5% of preschools nationwide receive this distinction. CONSENT CALENDAR Mayor Stone stated staff has comments on Item No. 10 and removed the item from the Consent Calendar. Mayor Pro Tern Lindemans stated he would abstain on Item 19. Councilmember Birdsall registered a "no" vote on Item No. 19. Mayor Stone stated he would abstain on Items 2 and 18 and requested the removal of Item No. 20 from the Consent Calendar. Councilmember Parks noted a correction on Item No. 5, changing the date to September 30, 1995. He also requested the removal of Item No. 18 from the Consent Calendar. Minutes\ 11 \28\95 -2- 12/21/95 City Council Minutes November 28. 1995 It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Roberts to approve Consent Calendar Items 1-9, 11-17, 19 and 21, with Mayor Stone abstaining on Items 2 and 18, Mayor Pro Tem Lindemans abstaining on Item 19 and Councilmember Birdsall voting "No" on 19. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Parks, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Standard Ordinance Adoption Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes 2.1 Approve the minutes of November 14, 1995. AYES: 4 COUNCILMEMBERS: Birdsall, Lindemarts, Parks, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Stone Resolution Aoprovina List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 95-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A .. Destruction of Records Reauest 4.1 Approve scheduled destruction of certain records as provided under the City of Temecula approved Records Retention Policy. Minutes\ 11 \28\95 -3- 12/21/95 City Council Minutes November 28, 1995 City Treasurer's Report as of September 30, 1995 5.1 Receive and file the City Treasurer's Report as of September 30, 1995. o Parcel MaD 28223 (Located north of Winchester Road and west of Diaz Road) 6.1 Approve Parcel Map 28223, subject to the Conditions of Approval. Completion and Acceptance of the Parkview Site Rough GradinQ Improvements, Proiect No. PW93-09 7.1 Accept the Parkview Site Rough Grading Improvements, Project No. PW93-09, as complete; 7.2 Direct the City Clerk to file the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; 7.3 Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. Substitute Ac~reement and Bonds for Traffic Signalization Mitiqation Fees in Parcel Maps No. 23561-1 and 23561-2 (East of Jefferson Avenue, North of Santa Gertrudis Creek) 8.1 Accept the substitute agreement and bond for Traffic Signal Mitigation Fees in Parcel Maps No. 23561-1 and 23561-2; 8.2 Authorize the release of the Traffic Signal Mitigation Fee bond on file; 8.3 Direct the City Clerk to so notify the developers and sureties. Release Faithful Performance Warranty, Labor and Material, and Monument Bonds in Tract No. 22715-1 (Southwesterly of intersection of Rancho California Road at Butterfield Stage Road) 9.1 Authorize the release of Faithful Performance Warranty and Labor and Material bonds for Street, Drainage, and Water and Sewer improvements, and the Subdivision monumentation Bond in Tract No. 22715-1; 9.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors, the Developer, and the Surety. Minutes\l 1\28\95 -4- 12/21/95 City Council Minutes November 28, 1995 11 Release Faithful Performance Warranty, Labor and Material, and Monument bonds in Tract No. 22715-2 (Northwesterly of the intersection of Rancho Vista Road at Butterfield Stage Road) 11.1 Authorize the release of Faithful Performance and Labor and Material bonds for Street, and Water and Sewer Improvements, and the Subdivision Monumentation Bond in Tract No. 22715-2; 11.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors, the Developer, and the Surety. 12. Acceptance of Public Streets into the City-Maintained Street System (Within Tracts No. 22715-2, and 22715-F) (Northwesterly of intersection of Butterfield Stage Road at Rancho Vista Road) 12.1 Adopt a resolution entitled: RESOLUTION NO. 95-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY- MAINTAINED STREET SYSTEM (WITHIN TRACTS NO. 22715-2AND 22715-F) 13. 14. Release Faithful Performance Warranty, Labor and Material, and Monument Bonds in Tract No. 22715-F (Northwest corner of Rancho Vista Road at Butterfield Stage Road) 13.1 Authorize the release of Faithful Performance Warranty and Labor and Material bonds for Street, and Water and Sewer improvements, and the Subdivision Monument bond in Tract No. 22715-F; 13.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors, the Developer and the Surety. Release Faithful Performance Warranty, Labor and Material and Monument Bonds in Tract No. 22716-1 (Southwesterly of intersection of Rancho California road at Meadows Parkway) 14.1 Authorize the release of Faithful Performance Warranty and Labor and Material bonds for Street, Water, and Sewer improvements, and the Subdivision Monumentation Bond, in Tract No. 22716-1; 14.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors, the Developer and the Surety. Minutes\l 1\28\95 -5- 12/21/95 City Council Minutes November 28, 1995 15. 16. 17. 19. Release Faithful Performance Warranty, Labor and Materials, and Monument Bonds in Tract No. 22716-3 (Northwesterly of intersection of Meadows Parkway at Rancho Vista Road) 15.1 Authorize the release of Faithful Performance Warranty and Labor and Material bonds for Street, and Water and Sewer improvements, and the Subdivision Monumentation Bond, in Tract No. 22716-3; 15.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors, the Developer and the Surety. Acceptance of Public Streets into the City Maintained-Street System (Within Tract No. 22716-3) (Northeasterly of intersection of Meadows Parkway at Rancho Vista Road) 16.1 Adopt a resolution entitled: RESOLUTION NO. 95-99 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. 22716-3) Final Tract Map No. 24131-3 (Located westerly of Meadows Parkway, between McCabe Drive and Leena Way) 17.1 Approve Final Tract Map No. 24131-3 subject to the Conditions of Approval. Exchange of Real Property between the City of Temecula and the New Community Lutheran Church - Missouri Synod 19.1 Direct the City Attorney to review the escrow instructions and when satisfactory, the Mayor to sign the Grant Deed to convey the City property to the New Community Lutheran Church - Missouri Synod. AYES: 3 COUNCILMEMBERS: Parks, Roberts, Stone NOES: I COUNCILMEMBERS: Birdsall ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Lindemarts Minutes\l 1\28\95 -6- 12/21/95 Citv Council Minutes November 28. 1995 21. 10. 18. Plannina Application No. 95-0078, Development Agreement for BCI/CCL 21.1 Adopt an ordinance entitled: ORDINANCE NO. 95-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING AN AMENDMENT AND RESTATEMENT OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND BCI/CCL VENTURE NO. 1 LIMITED PARTNERSHIPAND BCl/CCL VENTURE NO. 2 LIMITED PARTNERSHIP FOR SPECIFIC PLAN NO. 199, PLANNING AREA 14, MARGARITA VILLAGE, PLANNING APPLICATION NO. PA95-0078 Award of Contract for the Walcott Corridor, Project PW94-10 Public Works Director Joe Kicak explained there is a problem with obtaining the right- of-way from the property owner and this item cannot proceed until eminent domain proceedings take place. He also stated the contractor is requesting additional funds since an increase in materials cost has taken place due to the delay in the contract. He suggested continuing this item until the December 12th meeting at which time the recommendation would be to reject all bids and re-bid the project. It was moved by Councilmember Parks, seconded by Councilmember Roberts to continue the Item to the meeting of December 12, 1995. The motion was unanimously carried. Award of Contract to Reconstruct Three (3) Desiltin(~ Ponds in the Santiago Channel from Vallejo Avenue to John Warner Road Councilmember Parks stated that every year money is expended to re-construct these facilities. He asked that a permanent solution be investigated. Public Works Director Joe Kicak suggested the way to proceed would be to acquire property and maintain the basin property. He suggested that staff determine exactly where the desilting basin should be constructed with cost estimates for construction and real estate. It was moved by Councilmember Parks, seconded by Mayor Pro Tern Lindemans to approve staff recommendation with further direction to staff to conduct a study of this area to determine a permanent solution. The motion was unanimously carried with Mayor Stone abstaining due to the close proximity of this home. Minutes\l 1\28\95 -7- 12/21/95 City Council Minutes November 28. 1995 20. Community Services FundinQ ReQuests Mayor Stone expressed concern that only allocating 50% of the Pantry's requested funding would have a negative impact on families in the Temecula area, especially during the holiday season. Councilmember Birdsall stated she sat on the Community Services Funding Committee and explained that this application was received late and $5,000 was the balance of the funds available. Mayor Pro Tem Lindemans suggested that operating the Pantry should be a paid position. Mayor Stone asked if Council funding could be found to fund this cause. City Manager Bradley answered the Council has complete control of all funds. It was moved by Councilmember Parks, seconded by Councilmember Roberts to approve staff recommendation, with direction to increase the allocation to the TEAM Community Pantry to $10,000 and to place the matter of funding assistance for the staffing of the Community Pantry on a future agenda. 20.1 Approve the ad hoc subcommittee's recommendation for Community Services Funding requests by Temecula Valley National Little League (TVNLL) in the amount of $2,500 and the TEAM Community Pantry in the amount of $10,000. The motion was unanimously carried. Councilmember Birdsall suggested using $5,000 from this year's funding and borrowing $5,000 from next year's funds. RECESS Mayor Stone called a recess at 8:58 PM. The meeting was reconvened following the Community Services District Meeting, Temecula Redevelopment Agency Meeting, the Old Town/Westside Community Facilities District Financing Authority Meeting and the Old Town/Westside Improvement Authority Meeting at 8:58 PM. Councilmember Parks announced that he would resign his seat as City Councilman effective January 1, 1996. He explained that he has been offered a position and must relocate to Flagstaff, AZ. He thanked the Council, staff and the community for giving him the opportunity to serve. Minutes\ 11 \28\95 -8- 12/21/95 City Council Minutes November 28, 1995 PUBLIC HEARINGS 22 Draft Development Code Community Development Director Gary Thornhill introduced the staff report and introduced Senior Planner John Meyer who presented the staff report. RECESS Mayor Stone called a brief recess at 9:10 PM to change the tape. The meeting was reconvened at 9:11 PM. Mayor Stone opened the public hearing at 9:10 PM. City Clerk June Greek stated that she received two written communications from John C. Taylor, who requested they be read into the record. Council direction was given to make these letters part of the record but not read them aloud. Arthur Pelka, 43185 Margarita, expressed concern over the Neighborhood Commercial designation and asked that the sale of alcoholic beverages be prohibited in these areas as well as porno stores and private fraternal clubs. Approximately 20 people raised their hands in support of Mr. Pelka's comments. He also read a letter from Roger and Lynn Kuday, also expressing concerns about alcohol being sold in the Neighborhood Commercial zones. Kathleen Dean, 30909 Corte Arroyo Vista, expressed concerns about the Neighborhood Commercial zone, based on the reference to "general merchandise", which could mean anything, the sale of alcohol and traffic flow. Robert Klotz, Pillsbury, Madison and Sutro, owners of Murdy Ranch Property, voiced the following objections: Chapter 17.05 regarding development plans, stating this is poorly coordinated with the Subdivision Map Act. Chapter 17.04 which reserves the right for the City to review Conditional Use Permits when any modifications are made. Senior Planner John Meyer addressed Provision 17.05, stating the intent is to address down-sizing and requires subdivisions to have some sort of public hearing approval. He explained this will be more rigorous than current. Mayor Pro Tern Lindemarts stated he would like to have a transcript of the hearing and continue this item to allow time for review. Minutes\ 11 \28\95 -9- 12/21/95 City Council Minutes November 28, 1995 Mark Telford, 28481 Rancho California Road, No. 204-A, commended John Meyers, the Planning staff and the Planning Commission for a great job. He spoke in favor of staff's recommendation. Jon Hoxter, 31249 Sierra Bonita, requested that all developments established in the Neighborhood Commercial zone, would prohibit the sale of alcohol. Larry Markham, 41750Winchester Road, stated he has a letter from Nissan, requesting a change to General Plan Designation on property located directly south of their dealership. He explained Nissan wants to expand their dealership. Council consensus was gained to evaluate the Nissan request. Community Development Director Gary Thornhill stated that General Plan Amendments and re-zoning are applicant generated and paid for, and the City is restricted to four amendments per year. Patricia Phillips, 43150 Corte Almonte, objected to the sale of alcohol in the Neighborhood Commercial zone. Mike Egler, 31300 Cala Carrasco, requested that no permits of any kind be issued for the sale of liquor in the Neighborhood Commercial Zone. It was moved by Councilmember Birdsall, seconded by Councilmember Roberts to extend the meeting for 15 minutes. The motion was unanimously carried. Councilmember Birdsall addressed Chapter 17.04 regarding veterinary practices. She asked if these rules would make it difficult to have rabies vaccine clinics at local pet stores. Community Development Director Gary Thornhill responded that many complaints have been received from local veterinarians on the mobile clinics. He explained this is an attempt to put some reasonable constraints and some fees associated with these clinics. Councilmember Birdsall asked that the new LEAF contract be investigated so that a conflict does not exist. Councilmember Birdsall asked on Chapter 17.06, regarding animals, that the CC&R's of Meadowview and Los Ranchitos be researched so that conflict between the two do not exist. RECESS Mayor Stone called a brief recess at 10:10 PM to change the tape. The meeting was reconvened at 10:11 PM. Mayor Pro Tem Lindemans asked for a map where the Neighborhood Commercial areas are and agreed that Margarita and Pauba, should not be a strip center. Minutes\l 1\28\95 -10- 12/21/95 City Council Minutes November 28, 1995 Councilmember Roberts asked what could be done to prohibit alcohol is this area. Community Development Director Thornhill stated this is piece of property that staff believes received an inappropriate designation and if Council wants staff to reevaluate the property, that can be done. It was moved by Mayor Pro Tern Lindemane, seconded by Councilmember Roberts to continue the public hearing to the meeting of December 19, 1995. The motion was unanimously carried. CITY MANAGER REPORTS City Manager Bradley announced that on November 28, 1995, the City became the owners of 43106 Business Park Drive, the new City Hall building and stated tenant improvements should be completed by next summer. CITY ATTORNEY REPORTS None given. ADJOURNMENT It was moved by Councilmember Roberts, seconded by Councilmember Parks to adjourn at 10:18 PM to a meeting on December 12, 1995, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried. ATTEST: J n~~-Greek, C i'Z~t'y Cler~-~~'~ he, Mayor Minutes\l 1\28\95 -11- 12/21/95