HomeMy WebLinkAbout042898 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
APRIL 28, 1998
CLOSED S;SSION
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 Closed Session, pursuant to Government Code
Sections:
1. Conference with real property negotiator pursuant to Government Code Section 54956.8
concerning the acquisition of real property located at the east side of Pujol Street, south of
Sixth Street (APN 922-053-008). The negotiating parties are the Redevelopment Agency of
the City of Temecula and Otto Family Trust. Under negotiation are the price and terms of
payment of the real property interests proposed to be acquired.
2. Conference with real property negotiator pursuant to Government Code Section 54956.8
concerning the acquisition of real property located at APN 909-370-002 (32.32 acres)
Temecula, California. The negotiating parties are the Redevelopment Agency of the City of
Temecula and Westside Business Properties/Bill J. Dendy. Under negotiation are the price
and terms of payment of the real property interests proposed to be conveyed.
3. Conference with real property negotiator pursuant to Government Code Section 54956.8
concerning the leasing of real property located at 28497, 28485, 28559, and 28565 Pujol
Street. The negotiating parties are the City of Temecula and Affirmed Housing Group.
Under negotiation are the price and terms of payment of the real property interests proposed
to be acquired.
The Temecula City Council reconvened at 7:02 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: Councilmember: None.
PRFLUDE MUSIC
The prelude and intermission music was provided by Auburn Golding.
minutes\O42898 1
Temecula City Council 042898
INVOCATION
The invocation was given by Pastor Linden Curtis, New Convenant Fellowship.
PLFDG!= OF A! LFRIANCF
The audience was led in the Flag salute by Councilman Comerchero.
PRFSFNTATIONSIPROC! AMATIONS
The City Council recognized the following events: Water Awareness Month and Architecture
Week 1998.
The following students and adults from Vail Ranch Middle School were presented $100
scholarships for covering expenses for the upcoming trip to Sister City Voorburg, Holland:
STUDFNTS
Lindsay Heylmun
Jennie Grochowsky
Jessica Frank
Janele Quinlan
Christina McMahon
Erik McCallister
Candace Mann
Sean Collins
Heather Halsey
Amy Lucero
DeBran Guidera
Patrick Davis
Elizabeth Huelson
Karis Rower
Eric Barclay
Aaron Lewis
Sarah Tankersley
Alicia Joe
Nathan Green
ADULTS
Judy Kendall
Phill Kendall
Mark Jones
Carol Jon
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__ Temecula City Council 042898
CITY COUNCIl R!:PORTS
A. Councilman Comerchero commended the Balloon and Wine Festival Board and
volunteers for their efforts associated with another successful event.
B. Mayor Pro Tem Ford referenced a letter written to State and Assembly
representatives addressing various bills with regard to potential funding for flood control as
well as habitat and recreation.
C. In response to Councilman Lindemans, City Attorney Thorson provided clarification
with regard to RV parking, noting that if a particular development were governed by CC&Rs,
it is not within the City's purview to enforce these CC&Rs. If CC&Rs exist but there is no
Homeowners' Association to enforce these CC&Rs, it is not within the City's purview to
enforce these CC&Rs.
D. Mayor Roberts commented on a successful trip to Sacramento where he had testified
in support of SB 1851.
PUB! IC COMMr:NTS
None.
CONS!=NT CAL;NnAR
1. Standard Ordinance Adol;)tion Procedure
1.1
Motion to waive the reading of the text of all ordinances and resolutions
included in the agenda.
2. Al~l;)roval of Minutes
2.1 Approve the minutes of April 14, 1998.
3. Resolution A91~roving list of Demands
3.1 Adopt a resolution entitled:
RESOLUTION NO. 98-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS
SET FORTH IN EXHIBIT A
Ternecula City Council (~42898
Award ~ Professional Services Agreement for the regular m~inten~nce of the City's
Television Rroadcast System
4.1
Award a Professional Services Agreement in the amount not to exceed
$12,000 to Secure Business Communications of Claremont, California, to
perform regular inspections, calibrations, equipment checks, and maintenance
of the Television Broadcast system located at City Hall.
Award of Contract for Toshiba Notebook Com13uters
5.1
Award a contract for six Toshiba Satellite Pro 470CDT Notebook Computers
and miscellaneous supporting peripherals to Valley Micro Computers,
Temecula, California, in the amount of $26,657.51.
AI;)l;)eal of 1997-98 Temecula Parks/Street lighting Tax: Temecula Creek Inn Golf
Course - Re(;luest for Continuance
6.1
Approve the appellant's request for continuance of the appeal regarding the
Temecula Creek Inn Golf Course to June 23, 1998.
Mitigation Funds for Multi-Species Habitat Conservation from the Prol~osed FI
Sobrante ! ~ndfill Fxi~ansion
7.1 Adopt a resolution entitled:
RESOLUTION NO. 98-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING THE USE OF FUNDS GENERATED FROM
THE PROPOSED EXPANSION OF THE EL SOBRANTE LANDFILL
FOR MULTI-SPECIES HABITAT CONSERVATION
Acce,,pt Public Iml~rovements in Parcel Mal~ No. 74085-F (located northwesterly of the
intersection of Diaz Road and ?evo Drive [Avenida de Ventas])
8.1 Accept the public improvements in Parcel Map No. 24085-F;
8.2
Authorize initiation of the one-year warranty period, release of the Faithful
Performance and Subdivision Monumentation securities, and converting of the
Labor and Materials security on file to combine for both Labor and Materials and
Faithful Performance Warranty purposes;
8.3 Direct the City Clerk to so advise the developer and surety.
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Temecula City Council 042898
Accel;}t Public Irn,0rovements in Parcel Milo No. ?4085-9 (located northwesterly of the
intersection of !~i~z Road and 7evo Road [Avenida de Ventas1)
9.1 Accept the public improvements in Parcel Map No. 24085-2;
9.2
Authorize initiation of the one-year warranty period, release of the Faithful
Performance and Subdivision Monumentation Securities, and converting of the
Labor and Materials security on file to combine for both Labor and Materials and
Faithful Performance Warranty purposes;
9.3 Direct the City Clerk to so advise the developer and surety.
10.
Release Subdivision Monument Security in Parcel M~ No. 24085-1 Clockted
northwesterly of the intersection of r~iaz Road and ?evo Drive IAvenida de Ventas])
10.1 Authorize release of the subdivision monument security in Parcel Map No.
24085-1;
10.2 Direct the City Clerk to so advise the developer and surety.
11.
Amendment No. 1 to Professional Service Agreement with Albert A. Webb Associates
for the Rancho California/I-15 Interchange - Project No. PW95-17
11.1
Approve Amendment No. 1 to Professional Services Agreement between the City
of Temecula and Albert A. Webb Associates to provide additional professional
inspection services for the Rancho California Road/I-15 Interchange, Project No.
PW95-12, in an amount not to exceed $58,700.00.
11.2 Authorize the Mayor to sign Amendment No. 1.
(Pulled and separately discussed; see page 9.)
12.
Acceptance of Public Streets into the City-Maintained Street System (within Parcel Map
Nos. 94085-1. 94085-2. and 74085-F - westerly of intersection of Winchester Road at
r'Jiaz Road)
12.1 Adopt a resolution entitled:
RESOLUTION NO. 98-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE
CITY-MAINTAINED STREET SYSTEM (WITHIN PARCEL MAP NOS.
24085-1, 24085-2, AND 24085-F
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Temecula City Council
13.
Acceleration of the Construction of Rancho California Ro~d at Interstate Route 15,
Rridge Widening and Northbound Ramp Improvements - Project No.
13.1
Approve the Change Order for Reduction in Working Days from 350 to 270 for
the construction of Rancho California Road at Interstate Route 15, Bridge
Widening and Northbound Ramp Improvements - Project No. PW95-12 - to
Riverside Construction Company for the amount of $273,700.00 and authorize
the City Manager to sign the Change Order;
13.2 Appropriate $300,000.00 from Capital Reserves and increase the contingency
for this contract by an amount of $300,000.00 to a total of $690,777.60.
(Pulled and separately discussed; see pages 9-10.)
14.
Solicitation of Construction Bids and ADproval of the Plans and Specifications for the
Flashing Reacons at Various Locations - Project No. PW96-18
14.1
Approve the Construction Plans and Specifications and authorize the Department
of Public Works to solicit public construction bids for Flashing Beacons at various
locations - Project No. PW96-18.
15.
Award of Construction Contract for Installation of a Traffic Signal at the Intersection of
Margarita Road and Santiago Road - Project No. PW97-74
15.1
Approve the Construction Plans and Specifications for the installation of a traffic
signal at the intersection of Margarita Road and Santiago Road - Project No.
PW97-24;
15.2
Award a construction contract for installation of a traffic signal at this
intersection to DBX, Inc. in the amount of $98,484.00 and authorize the Mayor
to execute the contract;
15.3
Authorize the City Manager to approve change orders not to exceed the
contingency amount of $9,848.40 which is equal to 10% of the contract
amount.
16. Professional Riological Services for Pala Road Bridge Project - Project No. PW97-15
16.1
Approve the Professional Services Agreement for Biological Services with KEA
Environmental, Inc. for the Pala Road Bridge Project - Project No. PW97-15 in an
amount not to exceed $87,900.00 and authorize the Mayor to sign the
agreement.
Temecula City Council
17. All-Way Stog - Jedediah Smith Road at Ynez Road/De Portola Road
17.1 Adopt a resolution entitled:
RESOLUTION NO. 98-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING AN 'ALL-WAY STOP' INTERSECTION
AT JEDEDIAH SMITH ROAD AND YNEZ ROAD/DE PORTOLA
ROAD
(Pulled and separately discussed; see page 10.)
18. SuDl~ort of the Pechanga Indian's Right to Governmental Jurisdiction
18.1 Adopt a resolution entitled:
RESOLUTION NO. 98-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING THE PECHANGA INDIAN'S RIGHT TO
GOVERNMENTAL JURISDICTION OVER THEIR LAND AND PEOPLE
AND TO ENGAGE IN THE FREE ENTERPRISE SYSTEM
(Pulled and separately discussed; see page 11 .)
19. Suol~ort of Assembly Rill 9194 (Air Pollution: Clean Fuels Technologies)
19.1 Adopt a resolution entitled:
19.2
RESOLUTION NO. 98-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING AB 2194 TO PROMOTE CLEAN FUEL
TECHNOLOGIES IN AN EFFORT TO REDUCE AIR POLLUTION
Authorize the Mayor to execute a letter of support to the Honorable Kevin
Murray, Chairman of the Assembly Committee on Transportation.
Ternecula
20.
C~ Coun~ ~2898
City Council Accel;)tance of the ADI;)licant's Re(;luest to Withdraw the Rogers!3ale
Fntertainment Pr~ect and Repeal Resolutions 97-199 and 98-03 for the ! ~nd Use and
Subse(luent Phase Fnvironmental ADlerovals for Planning Ap,olications PA97-0798 and
PA97-0399
20.1 Adopt a resolution entitled:
RESOLUTION NO. 98-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING THE APPLICANT'S REQUEST TO
WITHDRAW FROM THE ROGERSDALE TEMECULA PROJECT AND
REPEALING RESOLUTIONS 97-129 AND 98-03 FOR THE LAND
USE AND ENVIRONMENTAL APPROVALS FOR PLANNING
APPLICATIONS PA97-0298 AND PA97-0392
{Pulled and separately discussed; see pages 11-12. Councilman Stone abstained with regard
to this Item.)
21. Second Amendment to EmDIoyment Agreement with City Manager
21.1
Approve the uSecond Amendment to the Employment Agreement" between the
City of Temecula and City Manager Ronald Bradley and authorize the Mayor to
sign the Second Amendment;
21.2 Appropriate $7,000 to the City Manager Department uSalaries and Wages" line
item.
22. Second Reading of Ordinance No. 98-05
22.1 Adopt an ordinance entitled:
ORDINANCE NO. 98-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING SECTION 15.060.020 OF THE TEMECULA
MUNICIPAL CODE REGARDING TIME OF PAYMENT OF
DEVELOPMENT IMPACT FEES FOR MOBILE HOME PARKS AND
ADDING SECTION 15.06.050 A.3 TO THE TEMECULA
MUNICIPAL CODE PERTAINING TO DEVELOPMENT IMPACT FEE
REDUCTIONS FOR PROJECTS PROVIDING DEMONSTRABLE
FINANCIAL BENEFIT TO THE CITY
(Pulled and separately discussed; see pages 12-13.)
_-_ Ternecula City Council 042898
MOTION: Councilman Lindemans moved to approve Consent Calendar Item Nos. 1-10, 12, 14,
15, 16, 18, and 21 (Item Nos. 11, 13, 17, 18, 20, and 22 were pulled for separate discussion).
The motion was seconded by Councilman Stone and voice vote reflected unanimous approval.
The following Consent Calendar Items were separately discussed:
11.
Amendment No. I to Professional Service Agreement with Albert A. Webb Associates
for the Rancho Californi~/I-15 Interchange - Project No. PW95-17
11.1
Approve Amendment No. 1 to Professional Services Agreement between the City
of Temecula and Albert A. Webb Associates to provide additional professional
inspection services for the Rancho California Road/I-15 Interchange, Project No.
PW95-12, in an amount not to exceed $58,700.00.
11.2 Authorize the Mayor to sign Amendment No. 1.
Public Works Director Kicak presented the staff report (of record), advising that the original
estimate has been reduced from $58,700.00 to $48,300.00 and that the project should be
completed within 80 days, assuming no inclement weather.
In response to Mayor Roberts' concern with regard to overtime hours, Mr. Franz advised that
the three field inspectors involved with this project are not full-time employees and, therefore,
any one of the three inspectors could cover the additional time. He noted that the proposed
dollar amount was based on assumptions providing the worst case scenario and that the ramp
work will be completed in conjunction with the bridge work.
If this expenditure were to expedite the off-ramp work, Councilman Stone noted that he would
have been in support of the project. Concurring with the City Council's interest in public
safety, Mr. Stone noted that there are many other areas throughout the City which are in need
of improvements which would as well add benefit in the way of public safety; therefore, he
relayed his opposition to the project.
MOTION: Councilman Comerchero moved to concur with the staff recommendation, amending
the dollar amount not to exceed $48,300.00. The motion was seconded by Councilman
Lindemans and voice vote reflected unanimous approval with the excel~tion of Councilman
Stone who voted no.
13.
Acceleration of the Construction of Rancho California Road ~t Interstate Route 15.
Bridge Widening and Northbound Ram[) Iml~rovements - Project No.
13.1
Approve the Change Order for Reduction in Working Days from 350 to 270 for
the construction of Rancho California Road at Interstate Route 15, Bridge
Widening and Northbound Ramp Improvements - Project No. PW95-12 - to
Riverside Construction Company for the amount of $273,700.00 and authorize
the City Manager to sign the Change Order;
.... Tern~ula C~ Council ~2896
13.2 Appropriate $300,000.00 from Capital Reserves and increase the contingency
for this contract by an amount of $300,000.00 to a total of $690,777.60.
As previously stated, Councilman Stone reiterated his opposition to this project, noting that the
proposed monies could be utilized to provide new infrastructure throughout the City.
Initially concurring with Councilman Stone's concern, Councilman Comerchero noted that upon
further review, reconsideration, and in light of the potential safety issues, he relayed his support
of the recommendation
Considering the need for additional stacking distance, Mayor Roberts relayed his support of the
project. In response to Mayor Roberts' concern, Public Works Director Kicak advised that in
conjunction with the proposed project one additional lane will be added from the southbound
off-ramp on Rancho California Road. In addition, Mr. Kicak apprised the Councilmembers of a
widening project on Ynez Road which will be completed in conjunction with the Duck Pond
Improvements and Park and noted that pedestrian crossings and their potential conflict with
various turning movements will be reviewed by the Traffic and Safety Commission and will be
forwarded to the City Council for further review. With regard to the timing of the traffic
signals, Mr. Kicak advised that the consultant is in the process of coordinating signal timing
with Caltrans and that this process should be completed within a month.
MOTION: Councilman Lindemans moved to concur with the staff recommendation. The motion
was seconded by Mayor Pro Tem Ford and voice vote reflected unanimous approval with the
excel~tion of Councilman Stone who voted no.
17. All-Way Stol;) - Jedediah Smith Road at Ynez Road/De Portola Road
17.1 Adopt a resolution entitled:
RESOLUTION NO. 98-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING AN 'ALL-WAY STOP' INTERSECTION
AT JEDEDIAH SMITH ROAD AND YNEZ ROAD/DE PORTOLA
ROAD
Representing the Los Ranchitos Homeowners' Association, Mr. Ernest Curtsinger, 29083 Ynez
Road, commended the City Council on the proposed action.
In response to Mr. Curtsinger's request, Mayor Roberts suggested that Mr. Curtsinger address
the Traffic and Safety Commission with regard to other safety issues the Association would like
to have addressed in particular the speed on Ynez Road.
MOTION: Councilman Lindemans moved to adopt Resolution No. 98-34. The motion was
seconded by Mayor Pro Tem Ford and voice vote reflected unanimous approval.
10
18. Sup,0ort of the Pechanga Indian's Right to Rovernmental Jurisdiction
18.1 Adopt a resolution entitled:
RESOLUTION NO. 98-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING THE PECHANGA INDIAN'S RIGHT TO
GOVERNMENTAL JURISDICTION OVER THEIR LAND AND PEOPLE
AND TO ENGAGE IN THE FREE ENTERPRISE SYSTEM
Mr. Wayne Hall, 42131 Agena Street, relayed his support of the recommended resolution.
MOTION: Councilman Stone moved to adopt Resolution No. 98-35. The motion was seconded
by Councilman Lindemans and voice vote reflected unanimous approval.
20.
City Council Acceptance of the ADplicant's Re(;luest to Withdraw the Rogers!')ale
Fntertainment Project and Repeal Resolutions 97-179 and 98-03 for the ! And Use and
Subse(iuent Phase Fnvironmental Approvals for Planning Applications PA97-0798 and
PA97-0392
20.1 Adopt a resolution entitled:
RESOLUTION NO. 98-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING THE APPLICANT'S REQUEST TO WITHDRAW FROM THE
ROGERSDALE TEMECULA PROJECT AND REPEALING RESOLUTIONS 97-
129 AND 98-03 FOR THE LAND USE AND ENVIRONMENTAL
APPROVALS FOR PLANNING APPLICATIONS PA97-0298 AND PA97-
0392
City Attorney Thorson presented the staff report (of record), stating the following:
that the withdrawal will not affect the approved 1995 Environmental Impact
Report;
that the withdrawal will not affect the Westside Specific Plan;
that the withdrawal will not affect the Development Agreement the City entered
into, in 1995, with Mr. John Firestone;
that this withdrawal will only affect the specific design approvals for the
RogersDale project;
that any future project on this particular site will require Planning Commission and
City Council approvals as well as environmental review.
For Councilman Lindemans, City Attorney Thorson advised that Mr. Pratt has requested as a
condition of voluntarily dismissing the lawsuit, that the approval of the 1995 Environmental
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Impact Report (EIR) be rescinded and that Mr. Pratt be reimbursed $8,500 for legal fees. In
response to Mr. Pratt's request, Mr. Thorson noted that because Mr. Pratt has not won the
lawsuit and because he was in pro per, under law, he would not be entitled to the
reimbursement of legal fees. In response to another request made by Mr. Pratt, Mr. Thorson
advised that because the 1995 Environmental Impact Report in connection with the Westside
Specific Plan, Old Town Entertainment Project, and Old Town Public Improvements has been
certified, approved, and litigation with regard to it has been terminated, the request to rescind
this EIR as well as the Development Agreement with Mr. Firestone, and the original Old Town
Entertainment Project cannot and should not be honored.
Representing Mr. John Firestone, Mr. Howard Ombahl relayed Mr. Firestone's objection to the
rescinding action and, therefore, requested that the current litigation with regard to this
development proceed. Because any future developments will require an amendment to the
original EIR in terms of traffic and noise impacts, Mr. Ombahl noted that any future project
with regard to this particular site will result in more litigation from Mr. Pratt.
In response to Mr. Ombahl, City Attorney Thorson advised that any future project other than
the RogersDale project will require Planning Commission and City Council approvals as well as
environmental review and that the current litigation is separate from any subsequent use of
that property.
MOTION: Councilman Comerchero moved to adopt Resolution No. 98-37. The motion was
seconded by Councilman Lindemans and voice vote reflected unanimous approval with the
exception of Councilman Stone who abstained.
22. Second Reading of Ordinance No. 98-05
22.1 Adopt an ordinance entitled:
ORDINANCE NO. 98-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING SECTION 15.060.020 OF THE TEMECULA
MUNICIPAL CODE REGARDING TIME OF PAYMENT OF
DEVELOPMENT IMPACT FEES FOR MOBILE HOME PARKS AND
ADDING SECTION 15.06.050 A.3 TO THE TEMECULA
MUNICIPAL CODE PERTAINING TO DEVELOPMENT IMPACT FEE
REDUCTIONS FOR PROJECTS PROVIDING DEMONSTRABLE
FINANCIAL BENEFIT TO THE CITY
For Ms. Adrian McGregor, 34555 Madero del Playa, Temecula, City Attorney Thorson provided
clarification with regard to Section 15.06.050 A.3, advising that this particular Section pertains
to the time at which all development projects with mobile homes will pay the development
impact fee.
12
...... T~l'~ul~ CIty C~xlncil 04289~
Noting that taxpayers should not be responsible for paying the dollar difference, Ms. McGregor
stated that all developers should be required to pay an equal dollar amount.
in light of the existing market competition, Councilman Stone noted that incentives are offered
to businesses in order to bring jobs to the City of Temecula as well as the financial benefits and
the level of services which ultimately benefit of the citizens.
MOTION: Councilman Stone moved to adopt Ordinance No. 98-05. The motion was seconded
by Councilman Lindemans and voice vote reflected unanimous approval.
At this time, City Attorney Thorson reported on Closed Session Items and noted that all Items
considered were real property items, stating the following: Item Nos. 1-3, no reportable action
-- City Council gave staff direction with respect to those matters; Item No. 4, the City Council
established just compensation and authorized the City Manager to make an offer for the
acquisition of that property (Guidant).
At 7:57 P.M., the City Council convened aa the Temecula Community Services District, the
Temecula Redevelopment Agency, and the Winchester Hills Financing Authority. At 8:28 P.M.,
the City Council reconvened to discuss regularly acheduled Council Business.
COUNCIL BUSIN!=SS
23.
Urgency Ordinance and Regular Ordinance Amending Section 8.16.010 and 8.16.020
of the Temecula Munici0al Code Allowing Weed Abatement on Non-Vacant Real
Prol;)erty
23.1 Adopt an Urgency Ordinance entitled:
ORDINANCE NO. 98-06
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING SECTIONS 8.16.010 AND 8.16.020
OF THE TEMECULA MUNICIPAL CODE RELATING TO THE DUTY
TO ABATE HAZARDOUS VEGETATION ON PRIVATE PROPERTY
WITHIN THE CITY OF TEMECULA AND MAKING CERTAIN
FINDINGS WITH RESPECT THERETO
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___ Temecula City Council 042898
23.2 Introduce and read by title only an Ordinance entitled:
ORDINANCE NO. 98-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING SECTIONS 8.16.010 AND 8.16.020 OF
THE TEMECULA MUNICIPAL CODE RELATING TO THE DUTY TO
ABATE HAZARDOUS VEGETATION ON PRIVATE PROPERTY
WITHIN THE CITY OF TEMECULA
Chief Building Official Elmo presented the staff report (as per agenda material).
MOTION: Councilman Lindemans moved to adopt Urgency Ordinance No. 98-06. The motion
was seconded by Councilman Comerchero and voice vote reflected unanimous approval.
MOTION: Councilman Lindemans moved to introduce and read by title only Ordinance No. 98-
07. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous
approval.
24. Prol;)osed Annexation of Redhawk and Vail Ranch Communities
24.1
Review Staff's analysis of the proposed annexation of the Redhawk and Vail
Ranch communities and provide direction to Staff as to whether or not to
proceed with this annexation.
Mayor Pro Tem Ford noted that he would be abstaining with regard to this issue.
City Manager Bradley presented an overview of the staff report, highlighting the results of the
analysis for the proposed annexation. Although the financial impact model will be refined
because of the property tax calculation used by the master property tax resolution, Mr. Bradley
noted that the financial impact would not be significant and that the impact would not affect
staff's analysis.
Community Development Director Thornhill proceeded with a detailed overview of staff's
analysis, highlighting fiscal impact and change in assessment levels; noted that given the most
conservative growth projection, the proposed annexation would still have a positive net
financial impact on the City; and by way of overheads, shared upcoming date schedule with
regard to the annexation.
Providing clarification with regard to the voting process, City Manager Bradley clarified that
LAFCO will vote on the annexation twice and that at its final vote, LAFCO will have the results
of the citizen election.
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Temecula City Council 042898
Community Services Director Nelson reviewed staff's analysis and the affects of the rate and
charge process and advised that the MuniFinancial Report recommended that slope maintenance
costs be limited to improved residential homes and not vacant land, noting that the County
currently assesses vacant land for slope maintenance costs. It was noted that staff would
recommend to initiate the annexation process, clarifying that this action would only initiate the
annexation and analysis process.
In the event the annexation would not be approved and in light of ongoing development,
Community Services Director Nelson, for Councilman Comerchero, advised that County Service
Area 143 would have to consider an increase in fees in order to pay for slope maintenance
costs.
Referencing a 1995 Annexation Workshop, Ms. Adrian McGregor, 34555 Madera del Playa,
recalled, to her recollection, the annual costs and impacts the proposed annexation would have
on the City. For Ms. McGregor, Community Services Director Thornhill noted that the fiscal
analysis with regard to the proposed annexation is available to the public for review.
Ms. Jane Bouchard, Legislative Assistant to Supervisor Bob Buster, relayed Supervisor Buster's
willingness to assist the City and its residents with the annexation process.
Mr. Mark Bailey, 44763 Calle Banuelos, relayed his support of the annexation but expressed
some concern with regard to the potential increase in traffic; commented on the need for an
additional Fire Station; and requested that at least one of the upcoming Workshops be
scheduled on a Saturday to accommodate those individuals who are working.
In response to Mr. Bailey, Fire Chief Brown advised that the placement of a Fire Station at the
southeast corner of the City is being discussed.
With regard to expanded fire needs, City Manager Bradley commented on the recently opened
Fire Station at Pechanga, noting that the City will be entering into an Agreement with Pechanga
in order to further expand fire service needs and that an additional Fire Station would be
necessary in the future as part of the Fire Service Planning as a result of ongoing development
in the southern part of the City.
Mayor Roberts referenced the joint agreement with the County with regard to the French Valley
Fire Station, which will be opening soon.
Community Development Director Thornhill advised that as part of the proposed annexation,
a Plan of Services will be prepared, outlining new staff personnel, equipment, etc.
Community Services Director Nelson, for Councilman Stone, advised that the proposed annexed
area includes 10 parks.
In response to Mr. Frank Balogh, 45532 Via Jaca, resident in Redhawk, who had requested
information with regard associated costs as it relates to the proposed annexation and the
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Temecula City Council 042898
potential fiscal impacts to the residents, Mayor Roberts advised that the upcoming workshops
will provide additional information and noted that a copy of the MuniFinancial Report would be
available to the public.
MOTION: Councilman Stone moved to initiate the annexation process of Redhawk and Vail
Ranch. The motion was seconded by Councilman Comerchero and voice vote reflected
unanimous approval with the excel;)tion of Mayor Pro Tem Ford who abstained.
25.
Adol;)tion of Ordinance Prohibiting Parking of Oversized Vehicles (including buses.
trucks. RVs) and Unattached Trailers on City Streets
25.1 Adopt an Urgency Ordinance entitled:
ORDINANCE NO. 98-08
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADDING SECTION 10.16.042 TO THE TEMECULA
MUNICIPAL CODE PROHIBITING THE PARKING OF CERTAIN
MOTOR VEHICLES IN EXCESS OF TWENTY FIVE (25) FEET IN
LENGTH OR NINETY (90) INCHES IN WIDTH, MOTOR VEHICLES
IN EXCESS OF 10,000 POUNDS, CERTAIN COMMERCIAL MOTOR
VEHICLES, AND TRAILERS DETACHED FROM A MOTOR VEHICLE
FROM PARKING ON CITY STREETS EXCEPT UNDER CERTAIN
DEFINED CONDITIONS
25.2 Introduce and read by title only an Ordinance entitled:
ORDINANCE NO. 98-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING SECTION 10.16.042 TO THE TEMECULA
MUNICIPAL CODE PROHIBITING THE PARKING OF CERTAIN
MOTOR VEHICLES IN EXCESS OF TWENTY FIVE (25) FEET IN
LENGTH OR NINETY (90) INCHES IN WIDTH, MOTOR VEHICLES
IN EXCESS OF 10,000 POUNDS, CERTAIN COMMERCIAL MOTOR
VEHICLES, AND TRAILERS DETACHED FROM A MOTOR VEHICLE
FROM PARKING ON CITY STREETS EXCEPT UNDER CERTAIN
DEFINED CONDITIONS
City Attorney Thorson presented the staff report (as per written material), clarifying that the
72-hour rule applies to all motor vehicles no matter what size.
Mayor Roberts clarified, for the audience members, that the proposed ordinances only relate
to oversized vehicles parked on City streets not on driveways and/or on private property, noting
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Ternecula City Council ~2898
that the Planning Commission will readdress those issues at the May 6, 1998, Planning
Commission meeting. Mayor Roberts noted that if a trailer were not detached from its pick-up
truck, it would be permitted to park overnight on City streets.
Because of the height and width of some of these oversized vehicles, Mr. Ed Sterling, 40456
Chauncey Way, addressed a safety concern as it relates to visibility.
Ms. Frances Bunt, 31448 Corte Montiel, echoed Mr. Sterling's concern relative to width and
length of these vehicles and suggested that the length be limited to 20' and that the width be
limited to 90".
Mr. John Lynn, 32237 Placer Belair, encouraged the City Council to address long-term parking
on City streets.
Mr. George Marshall, 31880 Corte Positas, concurred with limiting the length to 20'; stated
that RVs should be stored at RV facilities; recommended that the mechanical breakdown period
be reduced to 24 hours; noted that the vehicle and trailer should be considered as one vehicle
for the length limitation; and voiced no objection to an overnight loading/unloading period.
Mr. Bill Gray, 40414 Yardley Court, echoed the comments with regard to lowering the
allowable length to 20' and suggested placing a height restriction on these vehicles.
Mr. Dwaine Lewis, 40461 Calle Medusa, encouraged the City to promote an area where these
vehicles may park.
Echoing his fellow residents' comments, Mr. Deraid Hansen, 30398 Senela Place, suggested
that the length be reduced from 25' to 20'.
City Attorney Thorson noted that the Vehicle Code would permit height, width, and length
limitations, noting that if limitations are imposed, all vehicles would have to comply.
Concurring with several comments made by the residents, Councilman Comerchero suggested
to reduce the length to 20'. Not wanting to create an ordinance which would prohibit RV
owners from utilizing their RVs, Mr. Comerchero relayed his support of a 24-hour loading,
unloading, and/or cleaning period for a vehicle of any size. With regard to the mechanical
breakdown period, Mr. Comerchero spoke in support of retaining it at 48 hours.
Relaying his support of imposing a 20' length limitation, Mayor Pro Tem Ford questioned
whether the proposed ordinance would affect overnight truck parking.
Mayor Roberts concurred with the 20' length limitation as well as a 90" width limitation; agreed
with a 24-hour loading/unloading period; and recommended that the mechanical breakdown
period be reduced to 24 hours.
Councilman Lindemans echoed the previously noted limitations and suggested imposing an 8'
height limitation.
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Ternecula City Council 042898
MnTION: Councilman Lindemans moved to extend the meeting to 10:30 P.M. The motion was
seconded by Councilman Stone and voice vote reflected unanimous approval.
Councilman Stone expressed concurrence with the 20' length and 8' height limitations and
recommended that the mechanical breakdown period be reduced to 24 hours.
With regard to the telephone call-in permit, it was noted that City Hall's business hours as well
as the Police Department's business hours may pose a problem. In response to this concern,
Councilman Stone suggested the issuance of an annual packet which would contain two
stickers per month, permitting 24-hour street accessibility.
It was noted that parking in non-residential areas could be addressed by stating that the
proposed Ordinance would only apply to residential streets and streets adjacent to residential
areas and by adding an exemption permitting these larger vehicles to park in a particular area.
Councilman Comerchero noted that specific streets should be identified versus leaving it open
ended.
With regard to visitation periods, it was clarified that the City Council discussed this issue at
the last Council meeting and concurred to approve 12 days a year -- 3 days, four times a year,
renewable once with a maximum of 6 days at one time but no more than 12 days a year.
At this time, City Attorney Thorson briefly reviewed the proposed changes, noting the
following:
Section 10.16.042 A. 1. - Prohibition of Oversized Vehicles being parked on City
Streets -- motor vehicles and motor vehicles with trailer of a length in excess of
twenty (20) feet or width in excess of ninety (90) inches or a height in excess
of eight (8) feet;
Section 10.16.042 B. - Add No 4. -- parked or left standing is allowed by a
permit issued by the City pursuant to procedures established by the City
Manager provided, however, that no address within the City shall be issued a
permit for three (3) days four (4) times per year for a maximum of twelve (12)
days per year;
Section 10.16.042 B. 3. -- Amended -- Parked or left standing ... period no to
Exceed forty eight (48) hours;
Section 10.16.042 - Add paragraph C -- as used in this Section "residential
streets, highway, or residential public street highway, or right-of-way" means
a public street, highway, or right-of-way which is located within or adjacent a
residential zone as defined in Title XVII of the Temecula Municipal Code
MOTION: Councilman Stone moved to adopt Ordinance No. 98-08 as amended. The motion
was seconded by Mayor Pro Tem Ford and voice vote reflected unanimous approval.
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Temecula City Council 042896
ORDINANCE NO. 98-08
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ADDING SECTION 10.16.042 TO THE TEMECULA MUNICIPAL CODE
PROHIBITING THE PARKING OF CERTAIN MOTOR VEHICLES IN EXCESS OF
TWENTY (20) FEET IN LENGTH OR EIGHT (8) FEET IN HEIGHT OR NINETY (90)
INCHES IN WIDTH, MOTOR VEHICLES IN EXCESS OF 10,000 POUNDS,
CERTAIN COMMERCIAL MOTOR VEHICLES, AND TRAILERS DETACHED FROM
A MOTOR VEHICLE FROM PARKING ON CITY STREETS AND RESIDENTIAL
AREAS EXCEPT UNDER CERTAIN DEFINED CONDITIONS
For Councilman Stone, City Attorney Thorson noted that enforcement and abatement is usually
accomplished on a complaint basis with City Manager Bradley concurring that this ordinance
would be enforced by on a complaint basis by the Police Department. Mr. Bradley expressed
concurrence with Councilman Stone's suggestion of an annual packet.
MOTION: Councilman Stone moved to introduce and read by title only Ordinance No. 98-09 as
amended. The motion was by Mayor Pro Tem Ford and voice vote reflected unanimous
approval.
ORDINANCE NO. 98-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING
SECTION 10.16.042 TO THE TEMECULA MUNICIPAL CODE PROHIBITING THE
PARKING OF CERTAIN MOTOR VEHICLES IN EXCESS OF TWENTY (20) FEET IN
LENGTH OR EIGHT (8) FEET IN HEIGHT 0 NINETY |90) INCHES IN WIDTH,
MOTOR VEHICLES IN EXCESS OF 10,000 POUNDS, CERTAIN COMMERCIAL
MOTOR VEHICLES, AND TRAILERS DETACHED FROM A MOTOR VEHICLE FROM
PARKING ON CITY STREETS AND RESIDENTIAL AREAS EXCEPT UNDER
CERTAIN DEFINED CONDITIONS
Mayor Roberts thanked the residents for their participation and input.
For Councilman Comerchero, City Attorney Thorson advised that the Urgency Ordinance would
go into effect immediately but that it would not be enforceable until the signs are posted,
noting that the signs will be posted at the entrances of the City.
In an effort to further apprise the residents of the City of this new Ordinance, City Manager
Bradley suggested publishing the Ordinance in the Traffic Newsletter.
26. Traffic Signal Ul;)date
Public Works Director Kicak advised that the traffic signal for Fire Station No. 84 will be
completed by the end of June.
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Ternecula City Council ~2898
r~epartmental Reports
No additional comments -- as per written material of record.
City Manager's Report
City Manager Bradley advised that Mayor Roberts and he will be in Washington, D.C. to support
the new Highway Transportation Bill and the inclusion of the $5 million for the Overland
Crossing Project as well as Murrieta Creek Flood Control issues.
Mr. Bradley also noted that in the middle of May Mayor Roberts, Community Development
Director Thornhill, Councilman Stone, and he will be attending the Annual Shopping Center
Conference·
City Attorney's Report
No additional comments.
A~ournment
At 10:45 P.M., Mayor Roberts formally adjourned the 'City Council meeting to Tuesday, May
12, 1998, at 7:00 P.M.
~--~'Ron Roberts, Mayor
ATTEST:
· Jones,
ity Clerk
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