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HomeMy WebLinkAbout071498 CC Minutes__ Temecula City Coundl July 14. 1998 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JULY 14, 1998 CLOSED SESSION 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 28545 Front Street (APN 922-036-031). The negotiating parties are an interest in Redevelopment Agency of the City of Temecula and Lynn Ackley. 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 42051 Main Street (APN 922-036-020), 28545 Front Street (APN 922-035-001), 28677 Front Street (APN 922-045-017). The negotiating parties are the City of Temecula/parcels of Redevelopment Agency of the City of Temecula and Lorraine Clark, Ladd Penfold, and Cadeus Properties. Under negotiation are the price and terms of payment of the real property interests proposed to be conveyed and/or acquired. 3. 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, Temecula. The negotiating parties are the Redevelopment Agency of the City of Temecula and Affirmed Housing/Temecula Gardens. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired and conveyed. 4. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of real property located at (1) APN Nos. 950-110-022, 024, 025, and 026 and (2) 950-110-032, each located off Pala Road, south of Highway 79 South. The negotiating parties are the City of Temecula and (1) Pala Rainbow, LLC, and (2) KCY Development. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired. 5. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of real property located at a portion of the property located at 26531 Ynez Road (APN 921-720-014). The negotiating parties are the City of Temecula and Advanced Cardiovascular/Guidant Corporation. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired. 6. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(b) with respect to two (2) 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. Minutes~71498 1 Temecula Ci~ Council July 14. 1998 ROLL CALL PRESENT: Councilmembers: Comerchero, Ford, and Roberts. Lindemans, Stone, ABSENT: Councilmember: None. PRELUDE MUSIC The prelude and intermission music was provided by Brad Beyenhof. INVOCATION The invocation was given by Pastor Doug Cole of Church of Christ. ALLEGIANCE The audience was led in the Flag salute by Cub Scout Pack 367. PRESENTATIONS/PROCLAMATIONS Livable Communities Award from SCAG Advising that the City has received this award on behalf of the quality of life improvements in Old Town, Community Development Director Thomhill recognized the various City Departments associated with these improvements and in ensuring the receipt of this award. Arrow of Li.~ht Certificates Mayor Pro Tem Ford presented the Arrow of Light Certificates to the attending Cub Scouts. Deacon Jones Charity Presentation By way of a brochure, Mr. Deacon Jones proceeded with an overview of his organization and its efforts to work with the youth in order to resolve youth problems. Mr Jones relayed his desire to work with the City of Temecula in resolving youth problems and requested the CityDs support of his program. PUBLIC COMMENTS None. Minutes~071498 2 Temeoula C~ Council Ju¥ 14. 1998 CITY COUNCIL REPORTS A. Councilman Comerchero commented on the first Councilman's Night In, advising that the next one will the second Monday in August which Mayor Roberts will be attending and that appointments may be made through the City Manager's office. B. Advising that he had attended the California League of Cities meeting, Councilman Stone provided information with regard to the State's proposed repeal of the Vehicle License Fee, noting that no final agreement has been reached. C. Councilman Stone requested that staff address the appearance of the medians on Jefferson Avenue traveling from the City of Murrieta toward the City of Temecula. D. Councilman Lindemans noted that he had attended the Groundbreaking Ceremony for the Old Town Streetscape Improvements and reiterated the need for adequate and proper promotion for these merchants during the time of construction. E. In response to Mayor Roberts' concern, Public Works Director Kicak commented on a recent signalization problem at the Winchester Corridor, noting that it was the result of a computer input problem; that Caltrans was contacted; and that the problem should be resolved. F. Mayor Roberts advised that the California High-Speed Rail Authority will be meeting in Riverside on July 15, 1998. Because this high-speed rail will be traveling along the Interstate 15 corridor, Mayor Roberts relayed the City's interest in lobbying for the location of this high-speed rail in an effort to obtain a stop in the Temecula/Murrieta area. CONSENT CALENDAR 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 June 11 and June 16, 1998. Resolution Approving List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 98-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Minutes~071498 3 Ternecula Ci~ Council 4, City Treasurer's Report as of May 31, 1998 10. Minutes~071498 July 14. 1998 Receive and file the City Treasureds Report as of May 31, 1998. City Treasurer's Statement of Investment Policy 5.1 Adopt the Treasurer's Statement of Investment Policy as proposed by staff which provides safety, liquidity, and yield for City funds. Resolution Establishin.(3 City's Gann Appropriations Limit for Fiscal Year 1998-99 6.1 Adopt a resolution entitled: RESOLUTION NO. 98-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 1998-99 Purchase of Software 7.1 Authorize the purchase of Microsoft Windows 98 and Microsoft Office Pro 97 software from Compucom, Los Angeles, California, in the amount of $61,749.56. Records Destruction Approval 8.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. Second Amendment to Acireement between City of Temecula and BiclAmedca 9.1 Approve the Amended Scope of Services to include the scanning of building plans for the Building and Safety Department in its proposal for an additional amount not to exceed ten thousand sixty nine dollars ($10,069.00); 9.2 Authorize the Mayor to execute the Second Amendment to the Agreement between the City of Temecula and BidAmerica. Acceptance of Public Streets into the City-Maintained Street System (within Tract Nos. 27827-1 and 27827-F - north side Nicolas Road from North General Kearny Road westerly) 10.1 Adopt a resolution entitled: RESOLUTION NO. 98-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN STREETS INTO THE CITY- MAINTAINED STREET SYSTEM (WITHIN TRACT NOS. 27827-1 AND 27827-F) 4 Temecula City Council July 14. 1998 11. 12. 13. 14. Accept Public Improvements in Tract No. 27827-F ('northwesterly comer of intersection of North General Kearny Road at Nicolas Road) 11.1 Accept the public improvements in Tract NO. 27827-F; 11.2 Authorize reduction in Faithful Performance bond amount for street and drainage, and water and sewer system improvements to the ten percent (10%) warranty level, and initiation of the one-year warranty period; 11.3 Direct the City Clerk to so advise the Developer and Surety. Release Faithful Performance Warranty and Labor and MatedHals Securities in Tract No. 27827-3 (northwesterly of intersection of North General Kearny Road at Nicolas Road) 12.1 Authorize release of the Faithful Performance Warranty and Labor and Materials Securities for public street, water, and sewer improvements in Tract No. 27827-3; 12.2 Direct the City Clerk to so advise the Developer and Surety. Accept Public Improvements in Tract No. 27827-1 ('northwesterly comer of intersection of North General Kearny Road at Nicolas Road) 13.1 Accept the public improvements in Tract No. 27827-1; 13.2 Authorize reduction in Faithful Performance bond amount for street, water, and sewer improvements to the ten percent (10%) warranty level, and initiation of the one-year warranty period; 13.3 Direct the City Clerk to so advise the Developer and Surety. Acceptance of Public Streets into the City-Maintained Street System (within Tract No. 24133- 5 - located westerly of Monteleqro Way between McCabe Ddve and Leena Way) 14.1 Adopt a resolution entitled: RESOLUTION NO. 98-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN STREETS INTO THE CITY- MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 24133-5) Minutes~071498 5 Temecula City Council July 14. 1998 15. Accept Public Im;3rovements in Tract No. 24133-5 (located westerly of Montele~ro Way between McCabe Drive and Leena Way) 15.1 Accept the public improvements in Tract No. 24133-5; 15.2 Authorize reduction in the Faithful Performance security amounts to the ten percent (10%) warranty level, and initiation of the one-year warranty period; 15.3 Direct the City Clerk to so advise the developer and surety. 16. Partial Reduction in Faithful Performance Security Amount in Tract No. 21818 {'westerly of intersection of Via Norte at Kahwea Road) 16.1 Authorize fifty percent (50%) reduction in Faithful Performance Public Improvement security for Street and Drainage, and Water System improvements in Tract No. 21818; 16.2 Direct the City Clerk to so advise the Developer and Surety. 17. Release Bond for Traffic Signalization Mitigation Fees in Parcel Map No. 19677 (northwest of Ynez Road and north of Winchester Road) 17.1 Authorize release of bond for Traffic Signal Mitigation Fees in Parcel Map No. 19677; 17.2 Direct the City Clerk to so notify the developers and the Clerk of the Board of Supervisors. 18. City of Temecula Tree Policy 18.1 Adopt a resolution entitled: RESOLUTION NO. 98-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CITY OF TEMECULA TREE POUCY MOTION: Councilman Stone moved to approve Consent Calendar Item Nos. I - 18. The motion was seconded by Councilman Linderoans and voice vote reflected unanimous approval. At 7:34 P.M., a short recess was called. The meeting was reconvened at 7:48 P.M. in order for the City Council to convene as the Temecula Community Services District, the Temecula Redevelopment Agency, and the Winchester Hills Financing Authority. At 8:03 P.M. the City Council resumed with regularly scheduled City Council business. Minutes~071498 6 ~ Temecula City Council JulY 14. 1996 PUBLIC HEARINGS 19. Plannina Application No. PA95-0130 (Development Aareement Amendment) 19.1 Adopt a resolution entitled: RESOLUTION NO. 98-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A NEGATIVE DECLARATION AND THE MITIGATION MONITORING PROGRAM FOR PLANNING APPLICATION NO. PA95-0130 19.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 98-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT ENTITLED SECOND AMENDMENT TO DEVELOPMENT AGREEMENT NO. 90-1, WITH WESTSIDE BUSINESS CENTRE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 19.3 Adopt a resolution entitled: RESOLUTION NO. 98-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PARKLAND IMPROVEMENT AGREEMENT FOR THE MURRIETA CREEK PILOT PARK Community Development Director Thornhill presented the staff report (as per agenda material). In response to Councilman Lindemans, Mr. Thomhill clarified that the entire 11-mile Creek area will not be developed to the level as proposed for this five-acre area, noting that a majority of the area will be retained in a fairly natural state with specific anchor areas. With regard to the annual cost of maintenance for this five-acre park project, Mr. Thomhill advised that this cost was based on City cost. Mayor Pro Tem Ford noted that the proposed five-acre park project would simply serve as a display of what could be accomplished in various areas along the Creek and echoed Mr. Thomhill's comment that a majority of this 11-mile Creek area will be retained in a natural state to further ensure low maintenance. Minutes~071498 7 -- Teme;ula City Coundl Jui[y 14. 1998 Clarifying the requested City Council action this evening with regard to this Item, Councilman Comerchero relayed his support to allow Mr. Dendy the ability to abandon the two-acre park site and to develop this five-acre site. Community Development Director Thomhill commented on the benefits of such a park project such as the ability to reestablish habitat areas for which the City would obtain credit for habitat restoration. At this time, Mayor Roberts opened the public healing. Mr. Bill Dendy, Westside Business Centre, offered to build the pilot park project and to maintain it for one year (at an estimated cost of $4,000). After the one year, Mr. Dendy stated that park may be accepted into the City system. At this time, Mayor Roberts closed the public hearing. At this time, City Attorney Thorson read Ordinance No. 98-11 into the record. MOTION: Councilman Comerchero moved to concur with the staff recommendation. The motion was seconded by Councilman Stone and voice vote reflected unanimous approval. 20. Consideration of First Amendment to Development A¢~reement and AQreement for Reduction of Development Imp)act Fees for Paseo ('Paloma) Del Sol Proiect 20.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 98-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIRST AMENDMENT TO AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT, PASEO DEL SOL BETWEEN THE CITY OF TEMECULA AND CAL-PASEO DEL SOL, U.C, SPECIFIC PLAN 219 (PLANNING APPLICATION NO. PA95..0116) 20.2 Adopt a resolution entitled: RESOLUTION NO. 98-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PUBLIC FACILITIES DEVELOPMENT IMPACT FEE REDUCTION AGREEMENT BETWEEN THE CITY OF TEMECULA AND CAL-PASEO DEL SOL, LLC City Attorney Thorson presented the staff report (as per agenda material), clarifying that the proposed amendments strictly pertain to developer's ability to construct, own, and maintain certain park land, greenbelts, slopes, recreational facilities, and paseos. Minutes~71498 8 __ Temecula City Council July 14. 1996 At this time, Mayor Roberts opened the public hearing. There being no public input, Mayor Roberts closed the public healing. For Mayor Pro Tem Ford, Public Works Director Kicak provided additional clarification with regard to the percentage of reimbursement for the public facilities. City Attomey Thorson read Ordinance No. 98-12 into the record. MOTION: Councilman Lindemans moved to approve staff recommendation. The motion was seconded by Councilman Stone and voice vote reflected unanimous approval. COUNCIL BUSINESS 21. Murrieta Creek Pilot Proiect. Diaz Road at Winchester Road - Plan Check and Mao Fees 21.1 Approve waiver of Plan Check and Inspection Fees for development of the Murrieta Creek Pilot Park Project. Public Works Director Kicak reviewed the staff report (of record). Because of her inability to attend the City Council meeting, City Clerk Jones read into the record a letter from Ms. Jeannie Gillen requesting the approval to waive the Plan Check and Inspection fees. MOTION: Councilman Lindemans moved to approve the staff recommendation. The motion was seconded by Mayor Pro Tem Ford. (Additional discussion ensued after which a voice vote reflected denial of this motion; see below.) In response to Mayor Roberts, City Attomey noted that the City Council would not be setting a precedent by the approval of this request because the City Council takes action on each project based on its own merits. Relaying his opposition to waiving these fees, Councilman Stone stated that he would not favor such action until the park is accepted as part of the City Park Plan. Reiterating that once the park is accepted by the City, he would favor a reimbursement of the paid fees. Concurring with Councilman Stone, Councilman Comerchero viewed the approval of such action as precedent setting and favored the reimbursement of the fees once the park is accepted into the City park system. Councilman Stone requested that staff further explore that true cost to the City for maintaining this five-acre park. Minutes~071498 9 __ Temecula C~ Council July 14. 1998 At this 22. time, voice vote on the previously made motion reflected denial as foliowe: AYES: Ford and Linderoans. NOES: Comerchero, Stone, and Roberts. ABSENT: None. Consideration of adoption of two Resolutions of Necessity for the Acquisition in Eminent Domain of Prooertv for Bridge Improvement and related Road Realignment and Improvement Purooses in connection with the Pala Road Bdd~3e Improvement and Road Realignment Proiect ('Federal Project Nos. BRLS - 5459(003), BRRS - W950) 22.1 Consider Resolution No. 98-67 and Resolution No. 98-68, Resolutions of Necessity of the City of Temecula Declaring Certain Real Property Necessary of Public Purposes and Authorizing the Acquisition thereof in connection with the Pala Road Bridge Improvement and Road Realignment Project; 22.2 Open and conduct a hearing as to each proposed Resolution of Necessity, receive from staff the evidence stated and referred to in this report as to each proposed resolution, take testimony from any person wishing to be heard on issues A, B, C, D, below as they relate to each proposed acquisition, and consider all of the evidence to determine whether to adopt each proposed Resolution; 22.3 If the City Council finds, based on the evidence contained and referred to in this report, the testimony received at the hearings, that the evidence warrants the necessary findings with respect to each proposed Resolution of Necessity, then the staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 98-67 and proposed Resolution No. 98-68 (each of which requires a separate, 4/5ths or unanimous vote of the entire Council for adoption) and authorize the commencement of eminent domain proceedings for acquisition of the subject property interests; RESOLUTION NO. 98-67 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE PALA ROAD BRIDGE AND ROAD REALIGNMENT IMPROVEMENT PROJECT (FEDERAL PROJECT NOS. BRLS.-5459(003) AND BRRS-W950) Minutes~071498 10 __ Temecula Cily Council Jul[y 14. 1998 RESOLUTION NO. 98-68 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE PALA ROAD BRIDGE AND ROAD REALIGNMENT IMPROVEMENT PROJECT (FEDERAL PROJECT NOS. BRLS-5459(003) AND BRRS-W950) 22.4 As to each resolution, if approved, approve warrants, each warrant being payable to the Clerk of the Court, Riverside County in the amount of $295,000.00 for deposit in court to obtain an order for possession of the Pala Rainbow, LLC property interests, and in the amount of $11,200.00 for deposit in court to obtain an order for possession of the KCY Development property interests; 22.5 Authorize the City Manager to execute all necessary documents. City Attorney Thorson presented the staff report (of record), advising that the City will continue to negotiate with the landowners and clarifying that this is the appropriate time to make formal preparations to acquire the property in order to conduct improvements on the property. MOTION: Councilman Stone moved to approve staff recommendation. The motion was seconded by Councilman Lindemans and voice vote reflected unanimous approval. City Manager Bradley reiterated that negotiations are continuing with the property owners. Although Mr. Lowry, Pauba Rainbow, LLC, does not object to the taking of the property, Mr. Bradley relayed the following issues to the City Council: that Mr. Lowry is not desirous of continuing to own land under a road which the City is building; that Mr. Lowry is desirous of buying some of the old right of way for the old road to enhance the remaining parcel; that Mr. Lowry would like to swap 1.69 acres needed to be taken for habitat mitigation measures for some of the property he owns in order to make his developable property more valuable; that the City will continue its efforts with Caltrans to provide adequate access to the property; that the City will continue to work with the County regarding AD 159 Flood Control issues for water which is coming across State Highway 79 which is impacting the property own by Paula Rainbow, LLC. Minutes~071498 11 __ Temecula City Council July 14. 1998 23. Consideration of adoption of a Resolution of Necessity for the Acquisition in Eminent Domain of Pro~3erb/for Street Improvement. Road and HiQhwav Purooses in connection with the Overland Drive OvercrossinQ Improvement Proiect 23.1 Consider adoption of proposed Resolution No. 98-69, a Resolution of Necessity of the City of Temecula Declaring Certain Real Property Necessary for Public Purposes and Authorizing the Acquisition thereof in connection with the Overland Drive Overcrossing Project; 23.2 Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from staff the evidence stated and referred to in this report, take testimony from any person wishing to be heard on issues A, B, C and D below, and consider all of the evidence to determine whether to adopt the proposed Resolution, which requires a unanimous or 4/5ths vote; 23.3 If the City Council finds, based upon the evidence contained in and referred to in this report, the testimony and comments received in this hearing, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then the staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 98-69 (which requires a 4/5ths vote of the entire Council) and the following authorize that an eminent domain proceeding be filed to acquire the subject property interests: RESOLUTION NO. 98-69 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION VVITH THE OVERLAND DRIVE OVERCROSSING IMPROVEMENT PROJECT City Attorney Thorson presented the staff report (as per agenda material) and added the following recommendations: 23.4 Approve issuance of a warrant payable to the Clerk of the Court, Riverside County, in the amount of $1,124,300.00 for the deposit in court to obtain an order for possession of the Advanced Cardiovascular Guidant property; 23.5 Authorize the City Manager to execute all necessary documents. City Attorney Thorson presented the staff report (of record). MOTION: Councilman Stone moved to approve the staff recommendation including the added recommendations as per City Attomey Thorson. The motion was seconded by Councilman Lindemans and voice vote reflected unanimous approval. MinutelY371498 12 __ Temecul~ Ci~ Coundl Jury 14. lgg8 Noting that there is no objection to the taking of the property, City Manager Bradley advised that negotiations are continuing with Guidant with regard to the acquisition of the right-of-way as well as the resolution of the purchase price. 24. Traffic Si~3nal Update 24.1 Oral Report presented by Public Works Director Kicak. Public Works Director Kicak noted that the signal on Pauba Road at Fire Station No. 84 will be operational as of Thursday, July 16, 1998. CITY MANAGER'S REPORT No comments. CITY ATTORNEY'S REPORT With regard to Closed Session Item Nos. I - 5 (real property matters), City Attorney Thorson advised that City Council gave staff direction as to the negotiation. With regard to Closed Session Item No. 6 (potential litigation), City Attomey Thorson advised that City Council provided direction to him and that an update was provided at the time. ADJOURNMENT At 8:56 P.M., Mayor Roberts formally adjourned the City Council meeting to Tuesday, July 28, 1998, at 7:00 P.M. Ron Roberts, Mayor ATTEST: [SEAL] Minutes~071498 13