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HomeMy WebLinkAbout091096 CC Minutes MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD SEPTEMBER 10, 1996 EXECUTIVE SESSION A meeting of the City of Temecula City Council was called to order at 5:45 PM. It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Ford to adjourn to Executive Session at 5:45 PM, pursuant to Government Code Sections: 1. 54956.8, Conference with Real Property Negotiator: Property: West side of Front Street, West of 1-15/Front Street, AN 922-110-006 and 922-110-047; Negotiating Parties: City of Temecula and Margarita Canyon LLC. 2 54956.8, Conference with Real Property Negotiator: Property: West side of Ynez Road, South of Winchester Road and East of 1-1 5; Negotiating Parties: City of Temecula and KR Palm Plaza. 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 Lindemans presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Ford, Roberts, Stone, Lindemans 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 and intermission music was provided by Eve Craig. INVOCATION The invocation was given by Bishop Doug Carroll, The Church of Jesus Christ of Latter Day Saints. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Stone. Minutes\09\10\96 -1- 09/26/96 City Council Minutes September 10, 1996 CITY ATTORNEY REPORT City Attorney Thorson stated that in accordance with the Brown Act, there was nothing to report from Closed Session. PRESENTATIONS/PROCLAMATI@ City Clerk June Greek read certificates of appreciation for Commander Joseph Wasek, Jr. and Commander George R. Farmer, Jr. for their efforts in the recent naming of a U.S. Naval Air Squadron VR-57, DC-9 Aircraft, "The City of Temecula.' Mayor Lindemans thanked Commander Wasek and Farmer and asked Bishop Doug Carroll to read the prayer that has been placed on a plaque to go inside the airplane. Mayor Lindemans proclaimed the week of September 16, 1996 to be "Pollution Prevention Week." Jeff Carter of Eastern Municipal Water District accepted the proclamation and thanked the Mayor and City Council for their concern for pollution prevention. Patti Drew, representing the Temecula Valley Playhouse, invited the City Council and members of the Community to attend the Sound of Music Production being held at the Temecula Valley Playhouse running September 5, 1996 through September 28, 1996, and members of the cast presented a musical preview to the audience. PUBLIC COMMENTS Fred Laspesa, 29761 Dawncrest Circle, addressed the City Council regarding the ABC Child Care Facility, requesting that noise mitigation be done at this site by providing a solid wall fencing around the facility instead of the proposed wrought iron fencing. He stated he is a resident of Woodcrest Country Subdivision, which is in close proximity to the school. Don Rohrabacher, 44281 Flores Drive, addressed the City Council regarding the extension of the Los Ranchitos Homeowners Association CC&R's and stated that any commercial development will not be allowed. CITY COUNCIL REPORTS Councilmember Ford stated the Sign Ordinance Committee is diligently working and should have recommendations by the end of November. He also reported the RCHCA is currently working on a comprehensive mitigation plan for all of Riverside County. Councilmember Stone stated he was disappointed that residents do not want churches in their neighborhoods. Councilmember Roberts agreed that churches should be allowed in residential neighborhoods. Mayor Pro Tem Birdsall asked City Clerk June Greek if the City has received documents to sign regarding the Los Ranchitos CC&R's since the City of Temecula is a property owner. City Clerk Minutes\09\10\96 -2- 09126/96 City Council Minutes Ser)tember 10, 1996 June Greek reported the City has not received a ballot on which to vote or notification from the County Recorder that the Los Ranchitos CC&R's have been reinstated. Mayor Lindemans asked that Councilmember Stone, Councilmember Roberts and Mayor Pro Tem Birdsall's comments be transcribed and sent to Mr. Rohrabacher. CONSENT CALENDAR Mayor Lindemans announced that staff has requested Item No. 13, regarding Contract Agreement for Street Address Numbering and Item No. 15, regarding Law Enforcement Services between the County of Riverside and the City of Temecula, be removed from the agenda. Councilmember Ford requested that Item No. 14 be removed from the Consent Calendar for further discussion. Councilmember Stone commented on Item No. 4 regarding the purchase of City Vehicles, stating that the City mailed a number of requests for proposals to local vendors and only one chose to submit a proposal. He wanted to emphasize to the public that the City makes every effort to purchase locally when possible, however the City is subject to the public bid process. He requested that local vendors more actively participate in City bids. It was moved by Councilmember Stone, seconded by Councilmember Ford to approve Consent Calendar Items 1-12 and 16. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Ford, Roberts, Stone, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 1.Standard Ordinance Adoption Procedure 1.1Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes\09\1 0\96 -3- 09/26/96 City Council Minutes September 10, 1996 2.Resolution Approving Lost of Demands 2.1Adopt a resolution entitled: RESOLUTION NO. 96-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3.City Treasurer's Report 3.1Receive and file the City Treasurer's Report as of July 31, 1996. 4.Purchase of City Vehicles 4.1Approve the purchase of four City Vehicles, which were appropriated in the 1996/97 Annual Operating Budget. 5.Overland Drive Over crossing Improvements, Construction Cooperative Aareement with State Department of Transportation 5.1Adopt a resolution entitled: RESOLUTION NO. 96-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING COOPERATIVE AGREEMENT NO. 8-931, BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR CONSTRUCTION OF THE OVERLAND DRIVE OVER CROSSING IMPROVEMENTS 6.Accept Public Improvements in Tract No. 23267-F (Located Southwesterly of Margarita Road at Highway 79 South) 1.1Accept the public improvements in Tract No. 23267-F; 1.2Authorize reduction in the Faithful Performance Bond for street, water and sewer improvements to the ten percent (10%) warranty level, and initiation of the one- year warranty period; 1.3 Direct the City Clerk to so notify the Developer and Surety. Minutes\09\10\96 -4- 09/26/96 City Councml Menutes Sel2tember 10, 1996 7.Acceptance of Public Streets Onto the Cdty-Mamntained Street System (Wothin Tract No. 23267-F) (Located southwesterly of the intersection of Margarita Road at Highway 79 South) 7.1Adopt a resolution entitled: RESOLUTION NO. 96-114 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. 23267-F) 8.Release Subdivision Monumentation and Traffic Sianalization Mitigation Securities Tract No. 241 33-3 (Located at the northeasterly corner of Santiago Road at Margarita Road) 8.1Authorize release of the Subdivision Monument and Traffic Signalization Mitigation securities in Tract No. 24133-3; 8.2Direct the City Clerk to so advise the Developer and Surety. 9.Release Subdivision Monument and Traffic Sianalizatmon Mitigation Securities in Tract No. 24134-a (Located northeasterly of the intersection of Santiago Road at Margarita Road) 9.1Authorize the release of subdivision monument and traffic signalization mitigation securities in Tract No. 24134-3; 9.2 Direct the City Clerk to so advise the Developer and Surety. 10.Release the Subdivision Monument and Traffic Smanalization Mitiaation Securities in Tract No. 241 34-F (Located at the northeasterly corner of Santiago Road at Margarita Road) 10.1Authorize the release of the subdivision monument and traffic signalization mitigation securities in Tract No. 24134-F; 10.2Direct the City Clerk to so advise the Developer and Surety Minutes\09\1 0\96 -5- 09/26/96 City Council Minutes September 10, 1996 11."No Parking" Zone on Via La Veda between Margarita Road and Via Renate 11.1Adopt a resolution entitled: RESOLUTION NO. 96-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A "NO PARKING" ZONE ON THE NORTH SIDE OF VIA LA VIDA BETWEEN MARGARITA ROAD AND VIA RENATE AS SHOWN ON EXHIBIT "B" 12."No Parkang" Zone on Ynez Road Between Rancho Hiahlands Drive and Rancho Vista 12.1Adopt a resolution entitled: RESOLUTION NO. 96-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A "NO PARKING" ZONE ON THE WEST SIDE OF YNEZ ROAD BETWEEN RANCHO HIGHLANDS DRIVE AND RANCHO VISTA ROAD AS SHOWN ON EXHIBIT "A" 16.Resolution Desianating the Arts Council of the Temecula Valley as the Lead Art Organization in Temecula 16.1Adopt a resolution entitled: RESOLUTION NO. 96-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING THE ARTS COUNCIL OF TEMECULA VALLEY AS THE LEAD ART ORGANIZATION IN THE CITY OF TEMECULA 14.Old Town Temecula Loao License Aareement Councilmember Stone stated he would abstain on this item and stepped down from the dias. Senior Planner John Meyer presented the staff report. Councilmember Ford stated the original agreement was set up with indemnification clauses for the City and one suggestion would be to sell the rights of the logo to the Old Town Main Street Association for a nominal fee and allow them to put the logo on merchandising items. Minutes\09\10\96 -6- 09/26/96 Cety Councel M*nutes Ser)tember 10, 1996 Robert Lord, 28690 Front Street, addressed the City Council requesting that ownership of the logo remain with the City, since there is no concurrence within the Old Town Temecula Mainstreet Association. William T. Pascoe, 28690 Front Street, Ste 370, recommended that all Old Town Temecula Main Street members be allowed to use the logo, but any other use should be licensed. Steve Cathers, 28441 Rancho California Road, representing the Board of Directors of the Old Town Temecula Main Street Association, stated the Board would like to have the right to license the logo as a profit-making venture. RECESS Mayor Lindemans called a brief recess at 8:00 PM to change the tape. The meeting was reconvened at 8:01 PM. Ronald R. Hicks, 42031 Main Street, recommended this be put on hold or that the City retain control of the logo. It was moved by Councilmember Roberts, seconded by Councilmember Ford to approve staff recommendations 14.1 and 14.2 with direction to staff to reconsider the licensing agreement with an ad-hoc sub-committee composed of Councilmembers Ford and Roberts to determine any future action. 14.1Authorize the City Manager to enter into license agreements for use of the City's Old Town Logo. 14.2Adopt a resolution entitled: RESOLUTION NO. 96-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING THE USE OF THE OLD TOWN LOGO FOR CERTAIN PURPOSES WITHIN THE OLD TOWN AREA The motion was unanimously carried with Councilmember Stone abstaining. RECESS Mayor Lindemans called a recess at 8:11 PM. The meeting was reconvened following the scheduled Community Services District Meeting, the Redevelopment Agency Meeting and the Old Town/Westside Community Facilities Financing Authority Meeting at 8:36 PM. Minutes\09\1 0\96 -7- 09/26/96 Coty Councli M*nutes Sel2tember 10, 1996 17.Temecula Valley School District's Residential Development Facilities Impact Mitoaation Plan (PA96-0047) City Attorney Thorson stated he has advised Mayor Lindemans and Councilmember Ford that they may not participate on this item due to a potential conflict of interest. Mayor Lindemans' potential conflict arises out of his consideration of entering into business dealings which will deal with school construction and mitigation. He explained Councilmember Ford's conflict arises out of his employment with a developer that would be affected by tonight's decision. Mayor Lindemans and Councilmember Ford stepped down from the dias. Community Development Director Gary Thornhill introduced Senior Planner Dave Hogan who presented the staff report. Mayor Pro Tem Birdsall opened the public hearing at 8:45 PM. Dave Gallagher, 31350 Rancho Vista road, representing the Temecula Valley Unified School District, spoke in favor of staff recommendation, stating that four independent studies provide the same answer regarding needed funding for future schools. Councilmember Stone asked Mr. Gallagher what kinds of assurances could he give the building industry that if future bonds that are passed, they will be used to ease this burden on developers. City Attorney Thorson stated that wording could be added to the resolution to have the City oversee any credits received. Barbara Tooker, 30135 Via de la Mesa, representing the Temecula Valley Unified School District Governing Board, spoke in favor of the staff recommendation. She stated all members of the School Board were in attendance and were available for any questions the City Council may have on this issue. Leslie Woods, 29615 Valle Olvera, Temecula Valley High School PTSA President, spoke in favor of staff recommendation and requested the City Council continue to do what is best for the children of the area. Bob Brown, 30333 Via Brisa, spoke in favor of staff recommendation, and stated that the $9,200 is a cap and will only be used in the event no other sources of funding are available. Lanae Turley Trejo, 45332 Esmerado Court, representing the Temecula Valley PTA Council, spoke in favor of staff recommendation. Kenneth G. Ray, P.O. Box 891333, spoke in favor of staff recommendation. Doug Woelke, 27513 Jimson Circle, spoke in favor of staff recommendation and stated he feels Mayor Lindemans and Councilmember Ford should be participating on this issue. Minutes\09\1 0\96 -8- 09126/96 Cety Counc'l Monutes Set)tember 10, 1996 Councilmember Stone asked City Attorney Thorson to explain the State Conflict of Interest Code which prohibits Councilmembers from participation in discussions where they have a conflict. City Attorney Thorson explained that by State Law, Councilmembers are not allowed to participate on Items where they have a potential conflict of interest. Should they do so, they could face not only civil but criminal penalties. Rod Hanway, 3600 Lime Street, #221, Riverside, representing the Building Industry Association, spoke in opposition to the staff recommendation, stating that this would place an unfair burden on new homeowners to fund schools. Borre Winckel, 31882 Paseo Sagrado, San Juan Capistrano, representing Quinta Do Lago Specific Plan 284, spoke in opposition to staff's recommendation stating this will place on unfair burden on new development. Sanford Edward, 1 1 0 Newport Center Drive, Newport Beach, representing Murdy Ranch, spoke in opposition to the staff recommendation, and said this is unfair since existing homes did not pay school mitigation fees and new development will be assessed this fee. City Clerk June Greek reported she passed out one letter in favor of the recommendation and the City's Hotline received four additional calls in favor of school mitigation fees. Councilmember Roberts stated he is in favor of school mitigation but is disappointed that the State of California has created this shortfall. He also stated it is his understanding that Riverside County's school mitigation cap is higher than the proposed cap for the City of Temecula. Councilmember Stone stated he feels the State of California has not fulfilled its responsibility, however the shortfall in school funding must be addressed. He stated the Temecula Valley Unified School District has done an excellent job of controlling costs on new facilities. He stated that all studies show that the District's estimates on the shortfall are accurate. Mayor Pro Tem Birdsall closed the public hearing at 9:35 PM. Mayor Pro Tem Birdsall stated that she is in favor of the staff recommendation and said that new innovative ways must be tried to save costs for new school facilities. She stated that some large developments are building schools within projects and presenting them as turn-key facilities to the School District. She explained that by doing this, contractors do not have to use mandatory prevailing wage scales and are able to build facilities at a much lower cost. It was moved by Councilmember Stone, seconded by Councilmember Roberts to approve staff recommendation with the addition of language at the end of Section 3 of Minutes\09\10\96 -9- 09/26/96 City Council Minutes Sel2tember 10, 1996 the resolution which shall read: "The District shall notify the City of the approval of any bond issues or grants for school construction within ten (10) working days of the District's receipt of notice of such approval. The District shall credit the bond or grant funds received to the calculation of fees according to the requirements of the City Council Resolution No. 95-36 and shall submit the credit to the City Council for review. The City Council shall consider the credit calculation of the District and establish a credit to the approved mitigation impact fee by resolution." 1 7.1 Adopt a resolution entitled: RESOLUTION NO. 96-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE TEMECULA VALLEY SCHOOL DISTRICT'S RESIDENTIAL DEVELOPMENT FACILITIES IMPACT MITIGATION PLAN AND SETTING THE APPROPRIATE MITIGATION FEE CAP The motion carried as follows: AYES: 3 COUNCILMEMBERS: Roberts, Stone, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 2 COUNCILMEMBERS: Ford, Lindemans RECESS Mayor Lindemans called a recess at 9:45 PM. The meeting was reconvened at 1 0:00 PM. It was moved by Councilmember Stone, seconded by Councilmember Roberts to extend the meeting until 10: 1 5 PM. The motion was unanimously carried. COUNCIL BUSINESS 18.Request for Direction on the Process for Making Findinas of Public Necessity or Convenience Minutes\09\10\96 -10- 09/26/96 Cety Counc*l Monutes September 10, 1996 It was moved by Councilmember Stone, seconded by Councilmember Roberts to refer the matter back to staff for the purpose of preparing a definition of Public Necessity or Convenience. The motion was unanimously carried. 19.TEAM Community Pantry Salaries (Continued from the meeting of 8/27/96) Mayor Lindemans announced that the matter of TEAM Community Pantry Salaries, has been removed from the agenda. 20.Temecula Librar)t Service Alternatives Feasibility Stud)t (Continued from the meeting of 8/27/96) Senior Management Analyst Allie Kuhns presented the staff report. It was moved by Councilmember Stone, seconded by Councilmember Roberts to approve staff recommendation as follows: 20.1Approve the proposal submitted by David M. Griffith and Associates to conduct a study to determine the future fiscal viability of the Temecula Library. 20.2Appropriate a maximum of $39,000 from Development Impact Fees - Library to fund the City's portion of the Library Study. The motion was unanimously carried. Althea Coctzee, 45673 Calle Ayora, on behalf of Grace Mellman and the Friends of the Library, presented the City with a check for $2,200. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT None given. ADJOURNMENT It was moved by Councilmember Roberts, seconded by Councilmember Ford to adjourn at 10:08 PM to a meeting on September 24, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried. Minutes\09\10\96 09/26/96 City Council inutes September 10, 1996 ans, Mayor ATTEST: -C n . Greek, CMC, City Clerk Minutes\09\10\96 -12- 09/26/96