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HomeMy WebLinkAbout051298 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MAY 12, 1998 C! OSl=n RI=gglON 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 City Attorney and legal counsel pursuant to Government Code Section 54956.9(a) with respect to one matter of existing litigation involving the City and/or the Agency. The following case will be discussed: Strachota Insurance Agency vs. City of Temecula, et al. 2. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of real property located at 28545 Front Street (APN 922-036-031). The negotiating parties are the City of Temecula/Redevelopment Agency of the City of Temecula and Roy G. and Victoria Black. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired. 3. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of real property located at the northwesterly corner of Second Street and Front Street. The negotiating parties are the Redevelopment Agency of the City of Temecula and John H. Poole Trust No. 1. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired. 4. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition and leasing of real property located at 28497, 28485, 28559, and 28565 Pujol Street. The negotiating parties are the Redevelopment Agency of the City of Temecula and Affirmed Housing/Temecula Gardens, LP. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired and conveyed. 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. Minutes~051298 Temecula City Council RO! ! CA! I PRESENT: ABSENT: PR!=! Un!= MURIC May 12. 1998 Councilmembers: and Roberts. Comerchero, Ford, Linderoans, Stone, Councilmember: None. The prelude and intermission music was provided Eve Craig and Jennifer Nelson. INVOCATION The invocation was given by Pastor Simmons, House of Praise. P! ;DR; OF A! I FRIANC!= The audience was led in the Flag salute by Mayor Pro Tern Ford. With regard to Closed Session Items, City Attorney Thorson noted that there was no reportable action with regard to Item No. 1; with regard to Item Nos. 2 and 3, he advised that these Items have been placed on this evening's agenda under open session for consideration and approval; and with regard to Item No. 4, he advised that a public hearing has been set for the May 26, 1998, City Council meeting. PRI=S!:NTATIONS/PROC! AMATIONS Transit /~Ol~reciation Day - The proclamation was presented by Mayor Roberts and accepted with appreciation by Councilman Lindemans on behalf of the Riverside Transit Agency. National Mental Health Month - The proclamation was presented by Mayor Roberts and accepted with appreciation by Mr. Pete Moyes. PUB! IC COMMIrNTS A. On behalf of the CRC Foundation, Mr. Tom Langley and Ms. Melody Brunsting honored Community Services Director Nelson as an official CRC Board Member and thanked him for his efforts and for the success of the accomplishments of the CRC Foundation. B. Mr. Tim Meyler, 29930 Santiago Road, praise.d Mr. Nelson for his efforts and many accomplishments especially with regard to the passage of Measure C and noted that he will be greatly missed. Minutes~051298 ~ Temecula City Council 051296 As Chairman of the Arts Council of Temecula Valley, Mr. Meyler briefly referenced the brochure for the Ninth Annual Arts Festival Arts in the Country '98 and invited all to attend. C. Commending Community Services Director Nelson on his accomplishments over the years, Mr. Tom Edwards thanked Mr. Nelson for their accomplishments, noting that the City will continue to derive benefits from them for many years to come. CITY COUNCI! RFPORTS A. In an effort to enhance City Council communication with the public, Councilman Comerchero apprised the public of his interest to institute a program entitled ,4 Councilman's Night In, noting that this program would give the residents an opportunity to discuss an issue or issues with a Councilmember on a one-on-one basis versus at a City Council meeting. B. Encouraging the City Councilmembers to stay committed, Mayor Pro Tem Ford referenced the Riverside County Habitat Conservation Agency and encouraged the City to continue with its course relative to endangered species and multi-species habitat conservation plan. C. Advising that the next Circulation Element Steering Committee meeting will be June 1, 1998, Mayor Pro Tem Ford noted that revisions will be made in an effort to anticipate the expected growth of the City. D. Councilman Stone informed the Councilmembers that the Riverside Division of California League of Cities had its past meeting at the new Riverside County Hospital in Moreno Valley, noting that the hospital in downtown Riverside has been closed and commented that he was impressed with the quality of health care being offered at this new facility. E. At the California League of Cities meeting, Councilman Stone advised that the topic of lowering vehicle license fees was discussed. Although he would favor the lowering of these fees, Mr. Stone briefly discussed the issue and noted that such action will require careful review considering that a high percentage of these fees are returned to the City. F. In response to Councilman Stone, Public Works Director Kicak advised that discussions are progressing with the School Superintendent with regard to extending a sidewalk to Nicolas Elementary School and also noted that the City is negotiating with the landowner along Nicolas Road in order the extend the sidewalk to the High School. G. Although he is in support of instituting the Councilman's Night In program, Councilman Stone advised that because of California League of Cities meetings, the second Monday would not be a convenient date for him. H. Councilman Stone extended his appreciation and thanks to Community Services Director Nelson for his support and assistance over the years, noting that he will be greatly missed. Minutes\051298 3 __ Ternec, ula C~ Council 051298 I. Councilman Lindemans relayed his support of the Councilman's Night In program. J. Mayor Roberts briefly commented on a trip he and City Manager Bradley took to Washington, D.C. in an effort to lobby ISTEA funds for the Overland Crossing and noted that the construction of the high-speed rail was also placed on the ISTEA Budget. CONSIrNT CA! FNDAR 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. A91~roval of Minutes 2.1 Approve the minutes of April 21, 1998. Councilman Stone requested that page 10, paragraph 5, be clarified to read as follows: For those areas with homeowners' associations, Councilman Stone noted that the associations should govern whether or not parking should be allowed on driveways. 3. Resolution A91~roving list of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 98-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Rel~ort as of March 31. 1998 3.1 Receive and file the City Treasurer's Report as of March 31, 1998. Minutes\O51298 4 __ Temecula City Council 051298 o Storm r~r~in Reimbursement Agreement 51 Adopt a resolution entitled: RESOLUTION NO. 98-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED REIMBURSEMENT AGREEMENT FOR THE DESIGN, CONSTRUCTION, AND CONTRACT ADMINISTRATION OF CERTAIN REGIONAL STORM DRAIN FACILITIES AND MAKING FINDINGS IN CONNECTION THEREWITH Award of Construction Contract Public Works Del~artment Maintenance Work Order No. 97-98-010 - Removal and Rel~lacement of AC Dikes - Various locations 6.1 Award a contract for Public Works Department Maintenance Work Order No. 97-98-010 to A-Park Avenue Builders in the amount of $24,900.00 and authorize the Mayor to execute the contract; 6.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $2,490.00 which is equal to 10% of the contract amount. Award of Construction Contract Public Works Department Maintenance Work Order No. 97-98-009 - Citywide A.C. Repairs 7.1 Award a contract for Public Works Department Maintenance Work Order No. 97-98-009 to A-Park Avenue Builders in the amount of $28,970.00 and authorize the Mayor to execute the contract; 7.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $2,897.00 which is equal to 10% of the contract amount. ~ Amendment No. 3 for Additional Professional Inspection Services with !. n. King. Inc. for Winchester Road at Interstate Route 15. Bridge Widening and Northbound Raml~ Iml~rovements- Project No. PW94-? 1 8.1 Approve Amendment No. 3 for additional Professional Inspection Services Agreement with L. D. King, Inc. for Winchester Road at Interstate Route 15, Bridge Widening and Northbound Ramp Improvements - Project No. PW94-21 - for $1,421.00 and authorize the Mayor to execute the amendment. Minutes\051298 5 __ Temecula City Council 051298 10. 11. 12. 13. Release F~ithful Performance Warranty and ! ~bor and Materials Securities in Parcel Ma.O No. 78177 (northeast of Meadows Parkway between R~ncho Californi~ Road and Rancho Vista Road) 9.1 Authorize release of the Faithful Performance Warranty and Labor and Materials securities in Parcel Map No. 28122; 9.2 Direct the City Clerk to so advise the developer and surety. Accel~t Certain Public Iml;)rovements in Parcel MaD No. 76737-7 (southeast corner of Winchester Road at Nicolas Road) 10.1 Accept the public sidewalk, driveway, and street lighting improvements in Parcel Map No. 26232-2; 10.2 Authorize reduction in Faithful Performance security to the ten percent (10%) warranty amount and initiation of the one-year warranty period; 10.3 Direct the City Clerk to so advise the developer and surety. Tract M~O No. 74187-2 (located on the north side of State Highway 79 South between Meadows Parkway and Butterfield Stage Road) 11.1 Approve Tract Map No. 24182-2 in conformance with the Conditions of Approval, Subdivision Improvement Agreement, Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. Tract MS,0 No. 74187-1 (located on the southeast corner of De Portola Road and CamDanula Way) 12.1 Approve Tract Map No. 24182-1 in conformance with the Conditions of Approval, Subdivision Improvement Agreement, Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. nesign Services Contract - Temecula library 13.1 Award contract of $525,000 to LPA, Inc. for the preparation of the master plan, schematic design drawings, construction documents, and project administration for the Temecula Library project; Minutes\051298 6 __ Temecula City Council 051298 13.2 Appropriate $212,00 from Developmen{ Impact Fees - Library Mitigation to provide sufficient funds to cover the cost of the library design services. (Pulled and separately discussed; see pages 8-10.) 14. Second Reading of Ordinance No. 98-07 14.1 Adopt 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 15. Second Reading of Ordinance No. 98-09 15.1 Adopt 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 (20) FEET IN LENGTH, MOTOR VEHICLES IN EXCESS OF 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 IN RESIDENTIAL AREAS EXCEPT UNDER CERTAIN DEFINED CONDITIONS MOTION: Councilman Comerchero moved to approve Consent Calendar Item Nos. 1-12 and 14- 15 (Item No. 13 was pulled for separate discussion). The motion was seconded by Councilman Stone and voice vote reflected unanimous approval. Minutes\051298 7 Temecuta City Cour~ ~1298 Consent Calendar Item No. 13 under separate discussion. 13. Design Services Contract - Temecula library 13.1 Award contract of $525,000 to LPA, Inc. for the preparation of the master plan, schematic design drawings, construction documents, and project administration for the Temecula Library project; 13.2 Appropriate $212,00 from Development Impact Fees - Library Mitigation to provide sufficient funds to cover the cost of the library design services. Community Services Director Nelson presented the staff report (of record), advising that the design proposal is based on a 25,000 square foot facility and that construction funding for the project will have to be considered and secured by City Council during the upcoming CIP process. Although he is in support of the overall proposal and realizes that site selection is a component of the contract, Councilman Comerchero relayed some concern with the City Council approving a contract for design services when an actual site has not yet been identified. Mr. Comerchero suggested that the recommended action should be approved in increments, noting that site selection should be one contract and that another contract should be drafted after a site has been determined and possible site constraints and configurations have been identified. Mr. Comerchero also questioned the wisdom of committing to a specific amount for design services considering the funds to build this library have not yet been identified. With regard to site selection, Community Services Director Nelson advised that staff had anticipated some grading and normal construction costs which would be associated with any particular site. With regard to funding of the project, Mr. Nelson noted that this issue was discussed last year during the ClP process as well as during goal setting session, with the City Council giving the direction to set aside enough funds to begin the design process and as this process proceeds, additional funds would be identified for the construction of the library. Echoing Councilman Comerchero's concern, Councilman Lindemans relayed difficulty in approving the recommendation prior to selecting a project site. Mr. Lindemans suggested that approval of this project be postponed until a site has been selected and the funds have been identified. Advising that the collected school mitigation fees are in excess of $400,000, Finance Director Roberts noted that these monies must be exhausted within a five-year time frame or the monies would be returned to the contributing developer. Because site selection will not be a large percentage of the proposed $525,000, Councilman Stone encouraged the City Council to proceed with this process and to not further delay the construction of a library. Minutes\051298 8 Tem~ula City Council 051298 Although he would support the feasibility of the proposed project, Mayor Pro Tem Ford noted that the project should go no further until funding has been resolved. Mr. Ford also relayed his desire to integrate the school libraries with the master library and suggested that the Advisory Committee further address this issue and provide a recommendation to the City Council for further review. Echoing the noted concerns, Mayor Roberts concurred with incrementally approving this project. Referencing the City's submitted grant application to the State, Mr. Roberts advised that in order to obtain this grant, the design of a library must be accomplished. Versus providing a 100-seat auditorium in the new library as currently in the old library, Mayor Roberts suggested constructing a larger Cultural Arts Center and that they be located within close proximity. He advised that he has been contacted by several individuals who are interested in donating funds to the construction of this library. In light of the Councilmembers' comments, Community Services Director Nelson suggested that Task 1 (Programming Services) and Task 2 (Master Planning) of the Scope of Basic Services be approved (totaling to $48,000) and that $10,000 be awarded to the library consultant in order to assist with the programming and designing aspects. He advised that these $58,000 could be funded through the library mitigation fees. Mr. Jim Warwick of LPA, Inc. relayed the importance of immediately approving the Programming Phase and noted that the combining of the Cultural Arts Center and the library could be considered in the upcoming studies. In response to Mayor Pro Tern Ford's suggestion to integrate the school libraries with the master library, Councilman Stone stated that although the Advisory Committee has discussed this option and appeared to be receptive to the idea, constraints were mentioned such as late afternoon and night access with constructing libraries on school campuses. In an effort to resolve the accessibility problem, it was discussed to locate the school libraries off school campus. With regard to the recommendation to create a partnership between the library and the school, City Manager Bradley addressed the security issue, noting that schools do not allow individuals to enter the school campus without going through a security process. Commenting on the benefits such a partnership would provide to the children, Mayor Pro Tem Ford also noted that such usage would alleviate some usage time, during peak hours, from the master library. Reiterating his concurrence with Mayor Pro Tem Ford's suggestion, Councilman Stone also reiterated the Subcommittee's support of the suggestion. Minutes\051298 9 Teme~ula City Council 051298 Because representatives of the School District are on the Design Committee, Community Services Director Nelson advised that all possible options will be explored and ensured that future school construction sites will include this component during new construction. Mayor Roberts requested that this matter be agendized for the upcoming Subcommittee on an upcoming Subcommittee meeting with the School Board. In light of the noted comments, Councilman Comerchero offered the following motion: MOTION: Councilman Comerchero moved to award a contract to LPA, Inc. in the amount of $58,000 which is to include Task 1 (Programming Services); Task 2 (Master Planning); and $10,000 for the library consultant. The motion was seconded by Councilman Linderoans and voice vote reflected unanimous approval. COUNCIl RUSIN!;SS 16. Public Facilities r)el~osits 16.1 Adopt a resolution entitled: RESOLUTION NO. 98-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT TO BE PAID FOR MITIGATION OF IMPACTS ON PUBLIC FACILITIES FROM NON- RESIDENTIAL DEVELOPMENTS FOR WHICH DEPOSITS WERE PAID TO THE CITY Clarifying the proposed scenarios, Senior Management Analyst Kuhns presented the staff report (of record), advising that the Subcommittee (comprised of Councilmembers Comerchero and Stone) has recommended the incorporation of Schedule C. She noted that the special district fee reduction has not been reflected in any of the proposed scenarios; that the two car dealerships (Paradise Chevrolet and Rancho Ford) were previously calculated at a retail commercial rate of $2.19 per square foot; that these car dealerships should have been calculated at the service commercial rate of $1.10 per square foot; that the Paradise Chevrolet calculation indicates no additional fee would be due; and that the Rancho Ford calculation indicates that $14,541 would be due. To ensure financial benefit to those companies who provide financial benefit to the City, Councilman Stone stated that Schedule C would be the fairest scenario. Minutes\051298 10 Temeoula City Council ~1298 Mr. Eric Gosch, 26895 Ynez Road, representing Rancho Ford, concurred with those comments previously made by Senior Management Analyst Kuhns, noting that auto dealerships should be calculated at service commercial versus retail commercial. Mr. Gosch noted that 35% to 40% of his new vehicle business is through leases and not actual sales. Both City Manager Bradley and Finance Director Roberts provided information with regard lease revenue obtained by the City. Directing his comments to the industrial area, Mr. Bill Dendy, 41975 Winchester Road, informed the City Council that there are approximately 800,000 square feet of unleased buildings throughout the City; stated that the City of Temecula is not as competitive as other cities; and urged the Council, in an effort to create fairness, to either impose the full DIF fee or to either drop the entire fee for all developers. In order to deter the possibility of lawsuits and to create fairness, Councilman Lindemans concurred with Mr. Dendy and suggested that the issue be dropped and that no developers be imposed a fee. Concurring with Councilman Lindemans' effort to create fairness, Councilman Comerchero noted that after extensive review, the fairest option to all developers would be the approval of Schedule C. Congratulating both Councilmembers Comerchero and Stone on their efforts with regard to this complex issue, Mayor Pro Tem Ford noted that because additional reductions will occur as a result of Assessment District, noting that the differential amount will be so small that it would not benefit the possible consequences. In an effort to not impact the small businesses, he suggested that the imposition of a fee be withdrawn. In light of the City Council's sensitivity to the business community, Councilman Stone recalled the Council's decision to discount the fee proposed by the consultant by 65% and only collecting 35% of the fee, noting that at that time, the City Council had also committed to increasing this fee by 10% each year. For those businesses for which this fee would create a hardship, Mr. Stone voiced no objection to instituting an installment plan and noted that Schedule C is the fairest option to all developers. MOTION: Councilman Lindemans moved to withdraw the item and to not impose any DIF fees to any developers. The motion was seconded by Mayor Pro Tern Ford. (After additional discussion, this motion was ultimately denied by a roll call vote; see below.) In response to Mayor Pro Tem Ford, City Attorney Thorson noted that even if the development agreements were not recorded for each development, these agreements would still be enforceable. Minutes\051298 11 __ Temecula City Cour~l 051298 At this time, roll call vote on the previously made motion reflected denial as follows: AYES: Councilmembers: NOES: Councilmembers: ABSENT: None. Ford and Lindemans. Comerchero, Stone, and Roberts. MOTION: Councilman Stone moved to adopt Resolution No. 98-40, incorporating Schedule C. The motion was seconded by Councilman Comerchero and roll call vote reflected approval as follows: AYES: Councilmembers: Comerchero, Stone, and Roberts. NOES: Councilmembers: Ford and Linderoans. ABSENT: None. 17. Finance of Refunding Bonds for Community Facilities District No. 88-12 of the City of Temecula (Ynez Corridor) 17.1 Adopt a resolution entitled: RESOLUTION NO. 98-41 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE ISSUANCE OF SPECIAL TAX REFUNDING BONDS OF THE CITY FOR AND ON BEHALF OF THE COMMUNITY FACILITIES DISTRICT NO. 88-12 OF THE CITY OF TEMECULA {YNEZ CORRIDOR), APPROVING AND DIRECTING THE EXECUTION OF A FISCAL AGENT AGREEMENT AND AN ESCROW AGREEMENT, APPROVING SALE OF SUCH BONDS, AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS 17.2 Approve Amendment No. 2 to an agreement with Bruce W. Hull & Associates, Inc. for an appraisal of certain properties within CFD 88-12 for an amount of $3,625.00. City Manager Bradley briefly reviewed the staff report (of record). In response to Councilman Lindemans, Mr. John McAllister of Stone and Youngberg LLC and City Manager Bradley provided clarification with regard to arbitrage requirements; the cost of repaying old bonds; and the voting process. Minutes\051298 12 Tem~ula City Council 051298 MOTION: Councilman Lindemans moved to approve staff recommendation including the adoption of Resolution No. 98-41. The motion was seconded by Councilman Stone and voice vote reflected unanimous approval. 18. Change of City Council Meeting Schedule for the Month of June 1998 18.1 Direct staff to take the appropriate steps to notice change of regularly scheduled meeting of June 9, 1998 to June 16, 1998. City Manager Bradley briefly commented on the staff report (of record). MOTION: Councilman Lindemans moved to approve the staff recommendation. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. 19. Traffic Signal Ul~date 19.1 Oral Report presented by Public Works Director Kicak. Public Works Director Kicak advised that the traffic signal on Pauba Road, at Fire Station No. 84, will be completed by June 30, 1998· CITY MANAC-!=R'S R!:PORT None. CITY ATTORN!=Y'S R!=PORT None. AnJOURNMFNT At 10:45 P.M., Mayor Roberts formally adjourned the City Council meeting to Tuesday, May 26, 1998, at 7:00 P.M. ATTEST: · Jones, [CMC -~g City Clerl~ ~ Minutes\051298 13