HomeMy WebLinkAbout081198 CC MinutesCity Council AUgu=t 11.1998
MINUTES OF A REGULAR MEETING
OF THE TEMECULA CiTY COUNCIL
AUGUST 11, 1998
CLOSED SESSION
A meeting of the City of Temecula City Council was called to order at 6:00 P.M. It was duly
moved and seconded to adjoum to Closed Session, pursuant to Government Code Sections:
1. Conference with real property negotiator pursuant to Government Code Section 4956.8
conceming the acquisition of portions real property located at 27622 and 27628 Jefferson
Avenue. The negotiating parties are the City of Temecula and Connie Hill and Dean Hill. Under
negotiation are the pdce and terms of payment of the real property interests proposed to be
acquired.
2. Conference with real property negotiator pursuant to Govemment Code Section 54956.8
concaming 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), 28725 Pujol
Street (APN 922-062-010), 42291 Sixth Street (APN 922-052-011), no situs (APN 922-053-
080), 41830 Sixth Street (APN 922-031-018), 41856 Fifth Street (APN 922-031-009), and 41843
Fifth Street (APN 922-022-010). The negotiating parties are the City of Temecula/parcals of
Redevelopment Agency of the City of Temecula and Lorraine Clark, Ladd Penfold, Cadeus
Properties, Ladanyi, Rutner, Corbin, Ciais, Otto lot, Pelonero, Valencia, and Eppenger. Under
negotiation are the price and terms of payment of the real property interests proposed to be
conveyed and/or acquired.
3. Conference with City Attorney and legal counsel pursuant to Government Code Section
54956.9(b) with respect to three (3) 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 based on existing facts and circumstances.
ROLL CALL
Present:
Councilmembers:
Comerchero, Lindemans, Stone, and
Roberts.
Absent: Councilmember: Ford.
PRELUDE MUSIC
The prelude and intermission music was provided by Brad Beyenhof.
INVOCATION
The invocation was given by Pastor Sofia Sadler of Harvester Church of Temecula.
ALLEGIANCE
The audience was led in the Flag salute by Councilman Lindemans.
City Cou~il August 11.1998
PRESENTATIONS/PROCLAMATIONS
Sergeant Mitch AIm presented an update on the City's T.A.G. (Temecula against Graffiti)
Program and extended recognition to those individuals responsible for the success of this
Program - the Temecula Police Officers, the Reserve Officers, the dtizen volunteers, the dose
cooperation with the City's Public Works Department, and the Temecula Unified School
Distdct's Maintenance Department. Sergeant AIm introduced Police Officer Jeff Kubel who
further elaborated on the success of this program.
Councilman Lindemans requested that special recognition be given to those individuals who
have volunteered to make this Program the success it is.
PUBLIC COMMENTS
A. On behalf of the Old Town merchants, Mr. David Lewis, 28561 Front Street, thanked the
City Council for its support to Old Town dudng the streetscape improvement project. Mr. Lewis
as well relayed his support of an Old Town Trolley.
B. Echoing Mr. Lewis' comments, Ms. Audrey Hicks, 28635 Front Street, extended her
appreciation of the Council's support dudng the construction pedod.
CITY COUNCIL REPORTS
A. Councilman Stone advised that he had attended the League of California Cities meeting
of August 10, 1998, at which the 25% reduction of the Vehicle License Fee was discussed,
relaying his concern of no future guarantee of the State's General Fund allocations to the
citites.
B. Councilman Stone commended the T.A.G. Program on its success as well as the
Neighborhood Watch Program and extended appreciation to Maintenance Superintendent
Buron and his staff for their immediate response time with regard to graffiti removal.
CONSENT CALENDAR
1. Standard Ordinance Adoption Procedure
RECOMMENDATION:
1.1
Motion to waive the reading of the text of all ordinances and resolutions included
in the agenda.
2. ADDroval of Minutes
RECOMMENDATION:
2.1 Approve the minutes of July 14 and July 28, 1998.
(Councilman Lindemans abstained with regard to the approval of the July 28,
1998, City Council minutes.)
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City Council AuGust 11.1998
,
Resolution Approving List of Demands
RECOMMENDATION:
3.1
Adopt a resolution entitled:
RESOLUTION NO. 98-78
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 Report as of June 30, 1998
RECOMMENDATION:
4.1 Receive and file the City Treasurers Report as of June 30, 1998.
Riverside County Transportation Commission Board Membership
RECOMMENDATION:
5, 1 Appoint a principal and an alternate representative to the newly constituted
Board.
Mayor Roberts was appointed as the principal and Councilman Comerchero was
appointed as the alternate to the Board.
Joint Proiect Funding Aareement - HiGhway 79 South Phase II
RECOMMENDATION:
6.1 Approve the Joint Project Funding Agreement with the County of Riverside
Assessment Distdct No. 159 for Highway 79 South Phase II and authorize
the Mayor to execute the agreement.
Acceptance of Grant Deed for DOrtior~ Of Pala Road (Temecula Creek~ BddQe Project
Ric3ht-of-Wav and Related Pumoses
RECOMMENDATION:
7.1 Adopt a resolution entitled:
City Council Aueu~t 11.1998
10.
RESOLUTION NO. 98-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ACCEPTING CERTAIN CORPORATION
GRANT DEED FOR RIGHT OF WAY, SLOPE
EASEMENT, AND TEMPPORARY CONSTRUCTION
EASEMENT FOR PALA ROAD (TEMECULA CREEK(
BRIDGE PROJECT FOR STREET CONSTRUCTION
PRUPOSES BUT NOT ACCEPTING INTO THE CITY-
MAINTAINED STREET SYSTEM AT THIS TIME (KCY
DEVELOPMENT, INC., A CALIFORNIA CORPORATION)
Accept Public Improvements in Parcel Map No. 24085-3 (located northwesterly of the
intersection of Diaz Road and Zevo Drive - Avenida de Ventas)
RECOMMENDATION:
8.1 Accept the public improvements in Parcel Map 24085-3;
8.2
Authorize reduction in the Faithful Performance secudty to the warranty
amount, and initiation of the one-year warranty pedod;
8,3 Direct the City Clerk to so advise the Developer and Surety.
Acceptance of Public Streets into the City-Maintained Street System (within Parcel Map.
No. 24085-3 (located westedy of the intersection of Winchester Road at Diaz Road
RECOMMENDATION:
9.1 Adopt a resolution entitled:
RESOLUTION NO. 98-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ACCEPTING CERTAIN PUBLIC
STREETS INTO THE CITY-MAINTAINED STREET
SYSTEM (WITHIN PARCEL MAP NO. 24085-3)
Accept Substitute A.Qreement and Securities in Tract No. 23304 (located northerly of
Rancho California Road westedy of Humber Street)
RECOMMENDATION:
10.1
Accept the substitute Subdivision Improvement Agreement and Securities in
Tract No. 23304;
10.2 Authorize an eighteen-month (18) extension of time and release the Faithful
Performance and Labor and Materials securities on file;
10.3 Authorize release of the Subdivision Monumentation secudty on file;
City Council August 11. 1998
11.
12.
13.
14.
10.4 Direct the City Clerk to so notify the Developer and Sureties.
Accept In-Tract Public Improvements in Tract No. 24131-3 (located northwesterly of
Meadows Parkway at Leena Way
RECOMMENDATION:
11.1 Accept In-Tract public improvements in Tract No. 24131-3;
11.2 Authorize reduction In-Tract Faithful Performance secudty amounts to the ten
percent (10%) warranty amount, and initiation of the one-year warranty pedod;
11.3 Direct the City Clerk to so notify the Developer and Surety.
Acceptance of Public Streets into the City-Maintained Street System (within Tract
No. 24131-3 (located at the northwesterly comer of Meadows Parkway at Leena Way)
RECOMMENDATION:
12.1 Adopt a resolution entitled:
RESOLUTION NO. 98-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ACCEPTING CERTAIN PUBLIC ST
REETS INTO THE CITY-MAINTAINED STREET SYSTEM
(WITHIN TRACT NO. 24131-3)
Release Faithful Performance and Labor and Materials Securities in Tract No. 26861-1
(located southwesterly of the intersection of Margadta Road at Highway 79 S)
RECOMMENDATION:
13.1 Authorize release of the Faithful Performance Warranty and Labor and Materials
securities for public and pdvate improvements in Tract No. 26861-1;
13.2 Direct the City Clerk to so advise the Developer and Surety.
Release Faithful Performance Securities for Certain Improvements in Tract No. 26861-3
(located southwesterly of the intersection of Highway 79 S at Margadta Road)
RECOMMENDATION:
14.1 Authorize release of the Faithful Performance Warranty securities for certain
improvements including pdvate streets and drainage, and water and sewer
systems in Tract No. 26861-3;
14.2 Direct the City Clerk to so notify the Developer and Surety.
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City Council August 11.1998
15.
16.
17.
Release Faithful Performance Warranty Securities for Certain Improvements in Tract No.
26861-F (located southwesterly of the intersection of Margadta Road at Highway 79 S)
RECOMMENDATION:
15.1
15.2
Authorize the release of Faithful Performance Warranty securities for certain
improvements in Trad No. 26867-F;
Direct the City Clerk to so advise the Developer and Surety.
Second Readina of Ordinance No. 98-13
RECOMMENDATION:
16.1 Adopt an ordinance entitled:
ORDINANCE NO. 98-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, 'CALIFORNIA, AMENDING THE
OFFICIAL ZONING MAP OF SAID CITY, PRE-ZONING
THE AREAS KNOWN AS THE REDHAWK AND VAIL
RANCH SPECIFIC PLANS AS PART OF PLANNING
APPLICATION NO. PA98-0205 ESTABLISHING ZONING
FOR THIS AREA AS SPECIFIC PLAN THAT IS
SUBSTANTIALLY IN THE FORM ATTACHED TO THIS
ORDINANCE AS EXHIBIT A
Second Readinc~ of Ordinance No. 98-14
RECOMMENDATION:
17.1 Adopt an ordinance entitled:
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City Council August 11.1998
18.
ORDINANCE NO. 98-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, CALIFORNIA, AMENDING PORTIONS
OF THE CITY'S DEVELOPMENT CODE PERTAINING
TO SIDE YARD REQUIREMENTS FOR SHOPPING
CENTERS, HEIGHTS OF ACCESSORY STRUCTURES
IN THE HR, VL, L-1 AND L-2 ZONES, REGULATIONS
FOR TEMPORARY CONSTRUCTION TRAILERS IN
RESIDENTIAL ZONES, CLARIFYING SIDE YARD
STORAGE FOR VEHICLES, RELOCATING THE
MOTORCYCLE PARKING SPACE DIMENSIONS FROM
SECTION 17.24.050.A. TO SECTION 17.24.040.G.3
(ADDED), REQUIREMENTS FOR WHEEL STOPS IN
COMMERCIAL ZONES, MODIFYING SECTION
17.16.070 OF THE DEVELOPMENT CODE, DELETING
PALA VILLAGE FROM THE LIST OF SPECIFIC PLANS
AND AMENDING THE ZONING MAP FOR PROPERTIES
IDENTIFIED AS ASSESSOR'S PARCEL NUMBERS 914-
811-001, 914-811-002, 914-811-003, 914-811-004, 914-
811-005, 914-811-006, 914-811-007, 914-812-001, 914-
812-002, 914-812-003, AND 914-812-004 FROM VL
(VERY-LOW DENSITY RESIDENTIAL .2-.4 DWELLING
UNITS PER ACRE) TO LM (LOW-MEDIUM DENSITY
RESIDENTIAL 3-6 DWELLING UNITS PER ACRE),
ASSESSOR'S PARCEL NUMBERS 921-090-038 AND
921-090-039 FROM H (HIGH-DENSITY RESIDENTIAL)
TO LM (LOW-MEDIUM DENSITY RESIDENTIAL 3-6
DWELLING UNITS PER ACRE), ASSESSOR'S PARCEL
NUMBERS 944-331-001 THROUGH 944-331-025 FROM
SP - SPECIFIC PLAN (A PART OF THE RANCHO
HIGHLANDS SPECIFIC PLAN) TO H (HIGH-DENSITY
RESIDENTIAL 13-20 DWELLING UNITS PER ACRE)
AND RE-ASSIGNING NUMBERS SP-1 THROUGH SP-8
TO THE VARIOUS SPECIFIC PLANS WITHIN THE CITY
Second Readina of Ordinance No. 98-15
RECOMMENDATION:
18.1 Adopt an ordinance entitled:
City Council August 11.1998
ORDINANCE NO. 98-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, AMENDING SECTION 10.28.010(d) OF
THE TEMECULA MUNICIPAL CODE REGARDING
PRIMA FACIE SPEED LIMIT ON 1) AMARITA WAY
BETWEEN PIO PICO ROAD AND MC CABE ROAD, 2)
MONTELEGRO WAY BETWEEN PIO PICO ROAD AND
MC CABE ROAD, 3) NICOLAS ROAD BETWEEN
WINCHESTER ROAD AND VIA LOBO, AND 4) LA PAZ
STREET BETWEEN YNEZ ROAD AND HIGHWAY 79
SOUTH
MOTION: Councilman Comerchero moved to approve Consent Calendar Item Nos. I - 18.
The motion was seconded by Councilman Stone and voice vote reflected unanimous approval
with the exception of Councilman Ford who was absent and with Councilman Lindemans
abstainin{3 on the approval of the July 28, 1998, minutes.
PUBLIC HEARINGS
19. Adoption of Zoning3 Re.aulations and Licensing of Sexually Odented Businesses
RECOMMENDATION:
19.1 Continue the public headng to the meeting of August 25, 1998.
Referencing the recommendation to continue the public headng, City Attorney Thorson advised
that the headng would be renoticed to reflect the addition of a Negative Declaration.
MOTION: Councilman Stone moved to continue the public headng to the August 25, 1998,
City Council meeting. The motion was seconded by Councilman Comerchero and voice vote
reflected unanimous approval with the exception of Councilman Ford who was absent.
COUNCIL BUSINESS
20.
Planning APPliCatiOn NO. PA98-0235 - Commencement of Actions
Necessary to Detach Certain Real Property from the City of Temecula, located
on the North side of Winchester Road. at the City's Northern City Limit and
Known as Assessor's Parcel No. 911-140-007 (Sonny Salkind, Property Owner)
RECOMMENDATION:
20.1 Adopt a resolution entitled:
City Council August 11.1998
RESOLUTION NO. 98-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA98-0235 - THE
COMMENCEMENT OF ACTIONS NECESSARY TO
DETACH CERTAIN REAL PROPERTY FROM THE CITY
OF TEMECULA AND WAIVING CONDUCTING
AUTHORITY PROCEEDINGS PER SECTION 56837 OF
THE GOVERNMENT CODE, FOR PROPERTY
LOCATED ON THE NORTH SIDE OF WINCHESTER
ROAD, AT THE CITY'S NORTHERN CITY LIMIT AND
KNOWN AS ASSESSOR'S PARCEL NO. 911-140-007
Community Development Director Thornhill reviewed the staff report (of record), noting
that because of the size of the property of discussion, he would not be concerned about
any potential City impacts as a result of future County zoning and potential use of the
property.
Expressing appreciation to the City Council and Planning Commission for its efforts
with regard to this issue, Mr. Sonny Salkind requested that the City Council approve
this request.
MOTION: Councilman Stone moved adopt Resolution No. 98-82. The motion was
seconded by Councilman Comerchero and voice vote reflected unanimous approval
with the exceotion of Councilman Ford who was absent.
21. Termination of Museum Lease with Temecula Valley Museum
RECOMMENDATION:
21.1 Adopt a resolution entitled:
RESOLUTION NO. 98-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING THAT CERTAIN SECOND
AMENDMENT TO AMENDED AND RESTATED
MUSEUM LEASE AGREEMENT BY AND BETWEEN
THE CITY OF TEMECULA AND THE TEMECULA
VALLEY MUSEUM, INC., TERMINATING THE LEASE
Community Services Director Parker presented the staff report (of record).
MOTION: Councilman Lindemans moved to adopt Resolution No. 98-83. The
motion was seconded by Councilman Stone and voice vote reflected unanimous
approval with the exception of Councilman Ford who was absent.
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City Council August 11.1998
CITY MANAGER'S REPORT
No comments.
CITY ATTORNEY'S REPORT
With regard to Closed Session Item Nos. 1 and 2, City Attorney Thorson advised that the
City Council gave direction to him as well as staff and that final action with regard to the
acquisition would be taken in Open Session. With regard to Item No. 3, City Attomey
Thorson advised that two issues were discussed and direction was provided.
ADJOURNMENT
At 7:50 P.M., Mayor Roberrs formally
Tuesday, August 25, 1998, at 7:00 P.M.
ATTEST:
Jones,
[SEAL]
adjourned the City Council meeting to
erts, Mayor
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