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HomeMy WebLinkAbout021098 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL FEBRUARY 10, 1998 Cl OSFD SFSSION 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 adjourn to Executive 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 located northwesterly of Winchester Road and Margarita Road (approximately 537 acres). The negotiating parties are the City of Temecula and Winchester Hills I, LLC. Under negotiation are the price and terms of payment of the real property interests proposed to be conveyed and/or acquired. 2) conference with real property negotiator pursuant to Government code Section 54956.8 concerning property located at 28699 Front Street. The negotiating parties are the City of Temecula, John H. Poole, Peter A. Poole, and Richard L. Acquire, as Trustees of the John H. Poole Trust No. 1. Under negotiation are the terms and conditions of a lease agreement affecting real interest with the John H. Poole Trust No. 1. 3) Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(b) with respect to two matters of potential litigation. With respect to each matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and/or the Agency based on existing facts and circumstances. 4) Personnel annual evaluation/appointment for the position of City Manager pursuant to the provisions of Government Code Section 54957. The Temecula City Council reconvened at 7:10 P.M. in the City Council Chambers, 43200 Business Park Drive, Temecula, to consider regularly scheduled City Council business. Mayor Roberts presiding. ROll CALl PRESENT: Councilmembers: Comerchero, Ford, Lindemans, Stone, and Roberts. ABSENT: Councilmembers: None. PRr=! UD!= MUSIC ~ The prelude and intermission music was provided by Jordan Bellino who dedicated his music to his grandfather. Minutes.~021098 1 Temecula Citv Cour~il INVOCATION The invocation was given by Pastor Gary Nelson, Calvary Chapel of Temecula. 021o98 PRI=SFNT A TIONSlPROCl AMATIONS An Eagle Scout Certificate of Achievement was presented, by Mayor Pro Tem Ford, to Nicholas Ham and was accepted with appreciation. PUB! IC COMMIFNTS Ms. Melody Brunsting and Bobbie Browne announced the upcoming Rod Run; thanked the City for its support and sponsorship and presented each Council member with a bag of Rod Run souvenirs, including a T-shirt displaying last year's Rod winner. CITY COUNCl! RFPORTS A. Having attended a recent Califomia Contract Cities Association Conference with regard to Energy Deregulation, Councilman Comerchero commented, in detail, on the Deregulation process and the purpose of the Deregulation -- to lower Califomia's electricity bill and bdng it into line with the national average; and advised that the City/residents will have the opportunity to select the preferred service provider but that the transmission and the distribution of electricity will not be subject to deregulation and, therefore, will continue to be handled by Southern California Edison. Because there will be a broad range of service providers to choose from, Councilman Comerchero recommended that no change in providers be made until the service provider has been thoroughly researched. B. Having attended a California League of Cities meeting, Councilman Stone advised that the League is proposing a 2% increase in order to cover administrative costs. With regard to potential legislation relative to sales tax revenue, Councilman Stone advised that he will keep the Council apprised of the League's action. C. Referencing the Flood Control Zone 7 report (of record), Councilman Ford advised that progress is being made with regard to the Murdeta/Temecula Creek areas, noting that the City Councilmembers will be discussing numerous issues when in Washington, including flood control. D. Briefly commenting on the Rod Run posters, Councilman Ford displayed and commented on the small-scaled model replicas will be available at the Rod Run; advised that since last year's Rod Run, a new Ordinance has been adopted prohibiting the consumption of alcohol in the streets or public areas only permitting the consumption of alcohol in the designated beer gardens and in restaurants; noted that the event has been reduced in the number of participating cars and participants; and encouraged families to bring their children. Minutes~021098 2 Temecula City Council E. Mayor Roberts advised that he had a joint meeting with Mayor van Haaster, noting that discussions included library problems, traffic issues (north/south arterials), and economic development (City of Murrieta joining EDC). He advised that monthly meetings will be scheduled between the two Mayors and hopefully at some point in time a joint City Council meeting will be scheduled. F. With regard to the Riverside County Transportation Commission's allocation decision of the gas tax fund, Mayor Roberts advised that a 60-day committee has been formed to address the allocation of funds between the Coachella Valley and Westem Riverside County. CONSENT CA! !=NDAR 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. Approval of Minutes 2.1 Approve the minutes of January 13, 1998. 2.2 Approve the minutes of January 27, 1998. 3. Resolution Approving List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 98-11 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 Report as of December 31. 1997 4.1 Receive and file the City Treasurer's Report as of December 31, 1997. 5. Property Insurance Renewal 5.1 Approve the City of Temecula Property Insurance Policy renewal with Reliance Insurance Company and Royal, Agriculture, and Frontier Insurance Companies for the period of February 26, 1998, through February 26, 1999, in the amount of $73,689.00. Minutes~021098 3 Temecula City Council 6. 10. 11. 12. 13. ~1o98 Fire Protection Agreement for Fiscal Year 1997/98 6.1 Approve the Fire Protection Agreement for Fiscal Year 1997-98 and authorize the Mayor and City Clerk to execute the agreement, final form to be approved by the City Manager and City Attorney. Tract Mal;) No. ~)3371-7 (located on the northerly side of Rancho California Road between Margarita Road and Meadows Parkway) 7.1 Approve Final Tract Map No. 23371-7, subject to the Conditions of Approval. Tract Map No. ~)4186-3 (located west of Sunny Meadows Drive, south of Jerez Lane) 8.1 Approve Tract Map No. 24186-3, in conformance with the Conditions of Approval. Tract Map No. ~)4186-F (located north of Leena Way, between Meadows Parkway and Campanula Way) 9.1 Approve Tract Map No. 24186-F, in conformance with the Conditions of Approval. Tract Map No. 24186-4 (located north of Sunny Meadows Ddve, at the intersection of Sunny Meadows Drive and Campanula Way) 10.1 Approve Tract Map No. 24186-4, in conformance with the Conditions of Approval. Release ! abor and Materials Bond in Tract No. ~78~7-3 (located northwesterly of intersection of North General Kearny Road at Nicolas Road) 11.1 Authorize release of Labor and Materials Bond for Street, and Water, and Sewer System in Tract No. 27827-3; 11.2 Direct the City Clerk to so advise the Developer and Surety. A~l~rol;)riation and Advancement of Funds for the Winchester Road ~idewalk Project. Project No. PW97-19 12.1 Appropriate $5,000.00 for the Winchester Road Sidewalk Project, Project No. PW97-19 to Design Account No. 210-165-695-5802; 12.2 Approve an advance in the amount of $12,000.00 from the General Fund Reserves to the Capital Project Fund for the Winchester Road Sidewalk Project, Project No. PW97-19. Records Destruction Approval 13.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. Minutes~021098 4 Temecula City Coundl ~1098 14. California Office of Fmergency Services H~:,~rd Mitigation Grant Program for the Storm Drainage Improvement in Old Town Temecula 14.1 Adopt a resolution entitled; RESOLUTION NO. 98-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CAMFORNIA, TO AUTHORIZE THE CITY MANAGER, ASSISTANT TO THE CITY MANAGER, AND/OR DIRECTOR OF PUBLIC WORKS TO SIGN, ON BEHALF OF THE CITY, THE HAZARD MITIGATION GRANT PROGRAM APPLICATION AND ANY ANCILLARY APPLICATION DOCUMENTS 15. Purchase of City "Pool" Vehicle 15.1 Approve the purchase of a 1998 Ford Windstar Minivan from Rancho Ford in the amount of $21,294.77, and 15.2 Appropriate $1,200.00 to the Vehicle Intemal Service Fund to cover the vehicle depreciation expense for this fiscal year. 16. Second Reading of Ordinance No. 98-03 16.1 Adopt an Ordinance entitled: ORDINANCE NO. 984)3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SPECIFIC PLAN NO. 199, REMOVING LOT COVERAGE FROM THE MATRIX AND TEXT OF SPECIFIC PLAN NO. 199 ZONING STANDARDS, CONTAINING 1,526 ACRES GENERALLY LOCATED SOUTH OF LA SERENA WAY, EAST OF MARGARITA ROAD, WEST OF MEADOWS PARKWAY, AND NORTH OF RANCHO CALIFORNIA ROAD (PLANNING APPLICATION NO. PA97- 0438 - AMENDMENT NO. 4 TO SPECIFIC PLAN NO. 199) MOTION: Councilman Lindemans moved for the approval of Consent Calendar Item Nos. 1 through 16. The motion was seconded by Councilman Stone and voice vote reflected unanimous approval. At 7:32 P.M., the City Council convened as the Temecula Community Services District, the Temecula Redevelopment Agency, the Westside Improvement Authority, end the Winchester Hills Financing Authority. During the Redevelopment Agency meeting and the Westside Authority meetings, the following items were discussed in joint session with the City Council: Minutes~021098 5 Temecula City Council ~1098 Formation of Joint Fxercise Powers Authority Fstablishing the Winchester Hills Financing Authority 6.1 Adopt a City Council resolution entitled: RESOLUTION NO. 98-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS AUTHORITY WITH THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA 6.2 Adopt a Redevelopment Agency resolution entitled: RESOLUTION NO. RDA 98-05 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS AUTHORITY WITH THE CITY OF TEMECULA 6.3 The City and the Redevelopment Agency execute the joint exercise of powers agreement creating the Winchester Hills Financing Authority. Executive Director Bradley reviewed written material of record, advising that the owner of the property had posted with the City a cash deposit of $95,500 to pay for the necessary consulting work; that the Agency Members' fees are encompassed in this cash deposit; that if any additional costs arise in excess of the cash deposit, it will be the owner's responsibility; and that the approval of the resolutions will simply create the authority. City Attorney Thorson noted that, if successful, all expenses will ultimately be repaid out of the bond issue. MOTION: Councilman IJndemans moved to adopt Resolution No. 98-13. The motion was seconded by Councilman Stone and voice vote reflected unanimous approval. MOTION: Agency Member Ford moved to adopt Resolution No. RDA 98-05. The motion was seconded by Agency Member Stone and voice vote reflected unanimous approval. Financing for Westside Area Public Improvements and Open-Space Acquisition and the Western Bypass Corridor 2.1 that the City Council adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT WITH THE WESTSIDE IMPROVEMENT AUTHORITY Minutes~021098 6 Temecula City Council 021096 2.2 2.3 2.4 2.5 2.6 Open the continued public hearings, accept any written protests and take any oral testimony, determine that maintenance of open space will not be funded by the District, close the public hearings; That the Board of Directors adopt a resolution entitled: RESOLUTION NO. WlA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY OF FORMATION OF WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (ROGERSDALE AREA), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PREUMINARY ESTABUSHING AN APPROPRIATIONS UMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT That the Board of Directors adopt a resolution entitled: RESOLUTION NO. WlA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN THE WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (ROGERSDALE AREA) AND SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT That the Board of Directors adopt a resolution entitled: RESOLUTION NO. WlA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY CALLING SPECIAL ELECTION That the Board of Directors adopt a resolution entitled: RESOLUTION NO. WlA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN Minutes~021098 7 Temecula City Council ~1098 2.7 That the Board of Directors read by title only and introduce an ordinance entitled: ORDINANCE NO. WIA 98- AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY LEVYING SPECIAL TAXES WITHIN THE WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. t (ROGERSDALE AREA) Acting City Clerk Jones informed Mayor Roberts that no written protests have been filed with regard to this issue. Executive Director Bradley presented the staff report (as per agenda material), advising that a Community Facilities District (CFD) had been formed for this project over a year ago but was abandoned Apdl 1997 because pdvate financing had not occurred, noting that both pdvate financing and the public bond sale must be in place at the same time; that since the initial establishment of a CFD, the project has been downsized; that it has received the necessary City approvals; and that although Mr. Buffman has expressed his desire to construct in the City of Temecula, this project is being concurrently discussed at the City of Muraleta Planning Commission because of the legal obstacles the applicant has encountered in the City of Temecula. City Manager Bradley clarified that the City Council is not being asked to authorize the sale of bonds at this time because infrastructure costs have not been attained, noting that the specified amounts are set at the maximum amount and that these costs are expected to be considerably less. Mr. Bradley as well noted that the cost of creating the CFD is borne by the applicant and that this CFD will include all property owned by Mr. Firestone. City Manager Bradley advised that there is a pending lawsuit filed against Mr. Buffman by Mr. Firestone. Because Mr. Firestone is the sole property owner, City Attorney Thorson advised that only Mr. Firestone may protest the formation of a District. Because bond issues are usually twice or three times the value of the land, Authority Member Lindemans questioned the appraisal amount of $22 million. Advising that he could not vote on this issue until a resolution of the pending lawsuit and until specific uncertainties are resolved, Authority Member Lindemans suggested that the matter be continued to a date uncertain and offered the following motion: MOTION: Authority Member Lindemans moved to continue this matter to a date uncertain. The motion was seconded by Authority Member Ford. Prior to a voice vote, additional discussion ensued. Concurring with Authority Member Lindemans to resolve some of the uncertainties with regard to this issue prior to voting on it, Authority Member Ford requested that the following issues as well be addressed and resolved prior to voting: parcel allotment and its relation to actual rate apportionment map, definement of open space as well as roadway, and loss of acreage. Concurring with the comments made by Authority Members Ford and Lindemans, Authority Member Roberts relayed his support of a continuance. Minutes~021098 8 Teme~u!a City Council 021096 Reiterating his strong desire to retain this Entertainment Center in the City of Temecula, Authority Member Lindemans commented on the need to establish an endowment. At thie time, voice vote on the previouely made motion reflected unanimous approval with the exception of Authority Member Stone who abstained. PUB! IC H!=~RINGS 17. Use of ! ocal I =w Fnforcement Rlock Grant Funding and Acceptance of Grant in the amount of $45.544.00 17.1 Open and continue the Public Hearing to the meeting of February 24, 1998. MOTION: Councilman Ford moved to continue this Agenda Item to the February 24, 1998, City Council meeting. The motion was seconded by Councilman Stone and voice vote reflected unanimous approval. 18. Administrative Citations 18.1 Adopt an Ordinance entitled: ORDINANCE NO. 98-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING ADMINISTRATIVE PROCEDURES AND PENALTIES FOR VIOLATIONS OF THE TEMECULA MUNICIPAL CODE AND AMENDING THE TEMECULA MUNICIPAL CODE 18.2 Adopt a Resolution entitled: RESOLUTION NO. 98-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING ADMINISTRATIVE CITATION SCHEDULE FOR THE PURPOSE OF SETTING FORTH ADMINISTRATIVE FINE AMOUNTS Chief Building Official Elmo presented an overview of the staff report (as per written material). In response to Councilman Ford, City Attomey Thorson advised that the action, if approved, would grant the City the option to proceed with civil, criminal, or administrative proceedings, noting that if an individual were to receive more than two Code Violation citations, it would be recommended to proceed with a civil injunction. At this time, Mayor Roberts welcomed public input. No input was given. MOTION: Councilman Stone moved to concur with staff's recommendation. The motion was seconded by Councilman Ford and voice vote reflected unanimous approval. Minutes~021098 9 Temecula City Council 021098 COUNCl! RUSINFSS 19. Upgrade of Fire Personnel to EMT-1 19.1 Approve the expenditure of up to $45,000 to upgrade all Temecula Fire Department personnel as necessary from the level of Certified First Responder to that of Emergency Medical Technician I (EMT-1). Riverside County Fire Division Chief Wdght introduced newly assigned Southwest Division Chief Brown who proceeded with an overview of the staff report (as per agenda material) during which time it was noted that it would not be recommended to relocate the ^mbulance Base Station from Station No. 12 to No. 84. Mr. Brown advised that such a relocation would move the base station further away from the majority of the medical aid calls and would increase the response time for approximately 51% of the medical aid calls. At this time, Division Chief Brown introduced Mr. Michael Osher. EMS Services Director Osher relayed his support of the recommended upgrade and introduced Mr. Erik Mandler. Director Mandler of Riverside County of American Medical Responses (AMR) briefly reviewed the proposed level changes and relayed his concurrence with the recommendation. Reiterating his previous concern with regard to ambulance response times, Councilman Stone, in light of the studies, expressed his support to retain the Ambulance Base Station at No. 12. In an effort to provide enhanced emergency medical services to the citizens of Temecula, Mr. Stone relayed his support of the proposed recommendation. In response to Councilman Ford, Mr. Brown commented on the disparity in the cost of certification ranging between $24,000 and $45,000, noting that the proposed certification will require a 110-hour program and that this cost will be dependent upon whether or not the State will credit each First Responder for the current 56-hour program certification. It was noted that there would be no pay differentiation between the two levels. City Manager Bradley advised that cost of training and upgrading is a part of the City's contract with the Fire Department personnel. MOTION: Councilman Lindemans moved to concur with the staff recommendation. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. 20. !=1 Nino Update Oral presentation by Director of Public Works Kicak. Public Works Director KJcak provided a bdef presentation, noting that the Muraleta Creek levels were high but that the City of Temecula has been fortunate in that it has sustained no major damage dudng these recant heavy rains. 21. Select a Meeting Date for the Joint TemeculaJMurrieta Transportation Committee Minutes~021098 10 Temecula Citv Council 021098 Oral presentation by City Manager Bradley. 21.1 Select a meeting date for the Joint Temecula/Murrieta Transportation Committee. In response to City Manager Bradley's comments, the following motion was offered: MOTION: Councilman Stone moved to appoint Mayor Roberts and Councilman Ford to serve on this Committee with Councilman Ford serving as the Chairman of the Committee. The motion was seconded by Councilman Lindemans and voice vote reflected unanimous approval. It was noted that once the meeting date is set, the information would be transmitted to the City of Muraleta. CITY MANAGFR'S REPORT None. CITY ATTORNFY'S RFPORT City Attorney Thorson advised that the City Council had given direction with regard to two real estate items and that these items will be discussed at a future City Council meeting. With respect to the two potential litigation items, Mr. Thorson noted that the City Council gave direction. Mr. Thorson also stated that the City Council considered the City Manager's evaluation and that there were no other reportable actions. Mayor Roberts thanked Councilmen Ford and Lindemans for their diligent efforts and time associated with the attempts to form the Westside Area Improvement Authority Community Facilities District. In light of the City's continual growth, Councilman Ford relayed his support to make the French Valley Airport Fire Station an operational station and requested that, within a month or two, the necessary discussions/studies take place in order to make this feasible. Councilman Lindemans commented on the Police Department's assistance with color coding the various areas of the City in order to update the City's Disaster Preparedness Plan. Minutes~021098 11 Temecula City Council 021098 ADJOURNMFNT At 10:00 P.M., Mayor Roberts formally adjourned this City Council meeting to a Workshop on Saturday, February 21, 1998, with the next regularly scheduled City Council meeting on Tuesday, February 24, 1998, at 7:00 P.M.. Ron Roberts, Mayor ATTEST: · Jones, ~MC ity Clerk ~.~,/~ Minutes~021098 12