HomeMy WebLinkAbout111098 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
NOVEMBER 10, 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 City Attomey and legal counsel pursuant to Govemment Code
Section 54956.9(a) with respect to 4 matters of existing litigation involving the City
and/or the Agency. The following cases/claims will be discussed: OMG vs. City of
Temecula; City of Temecula vs. KR Palm Plaza; City of Temecula vs. Guidant/ACS;
and City of Temecula vs. Eli Lilly and Company.
2. Conference with City Attomey and legal counsel pursuant to Govemment Code
Section 54956.9 (b) with respect to two matters of potential litigation. With respect to
each matter, the City Attorney has determined that a point has been reached where
there is a significant exposure to litigation involving the City and/or the Agency based
on existing facts and circumstances.
3. Consideration of appointment for the position of City Manager pursuant to the
provisions of Govemment Code Section 54957.
4. Conference with real property negotiator pursuant to Govemment Code Section
54956.8 conceming leasing of real property located at 27500 Jefferson Avenue. The
negotiating parties are the Redevelopment Agency of the City of Temecula and
Norm Reeves Honda, Donna L. Reeves Trust. Under negotiation are the pdce and
terms of payment to the real property interests proposed to be conveyed.
ROLL CALL
Present:
Councilmembers:
Comerchero, Lindemans, Stone, Ford,
and Roberts.
Absent: Councilmember: None.
PRELUDE MUSIC
The prelude music was provided by Temecula Valley High School Choir.
INVOCATION
The invocation was given by Pastor Tim Buttrey of Temecula Valley Christian Center.
ALLEGIANCE
The audience was led in the Flag salute by Councilman Lindemans.
PRESENTATIONS/PROCLAMATIONS
Introduction of Sister City Nakavama Visitors
Mayor Roberts introduced and thanked the Sister City delegates from Nakayama for
their generous gift of a wardors helmet which honors the warriors of Japan.
At this time, the representative from Nakayama expressed appreciation for having the
opportunity to visit the City of Temecula and relayed his interest in continuing the
relationship between the City and Sister City Nakayama.
Mayor Roberts thanked Choir Director Aamodt and the Temecula Valley High School
Choir for their wonderful performance and advised the viewing audience that the Choir
will be performing in Japan in 1999.
At 7:18 P.M., Mayor Roberts called a short recess and reconvened the meeting at 7:24
P.M.
Dutch Herita.cle Day Proclamation - November 16, 1998
Mayor Roberts presented the proclamation to Councilman Lindemans and advised that
the proclamation will be officially presented to the Dutch delegates on Monday,
November 16, 1998.
Introduction of Lieutenant Scott Bates
Police Captain Labahn welcomed and introduced newly hired Lieutenant Scott Bates.
Certificate of ADDreciation to the Women's Club
Mayor Pro Tem Ford presented the Certificate of Appreciation to Mrs. Barbara Affolter who, in
turn, expressed great appreciation to all the volunteers who assisted with the operation of The
Link.
PUBLIC COMMENTS
A. Mr. Roger Jaeger, 27780 Front Street, commented on the City's increasing traffic
problems and the impact it is having on his employees who commute to the City; requested that
traffic officers be placed on Rancho California Road to assist with getting the traffic off the
freeway; and suggested that development in the City be either slowed down or stopped until the
proposed road improvements have been completed and in order to ensure the effectiveness of
them.
Apprising Mr. Jaeger of a recent City Council Workshop with regard to traffic issues,
Mayor Roberts invited Mr. Jaeger to future workshops at which he may provide additional input.
Appreciating Mr. Jaegers comments, Mayor Pro Tem Ford invited Mr. Jaeger to the
Monday night Circulation Meetings.
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CITY COUNCIL REPORTS
A. Due to the recent improvements at the Margarita Road/Solana Way intersection,
Councilman Comerchero relayed a safety concern with regard to this intersection and requested
that Public Works Director Kicak provide an update report as to the status of the signal
installation.
B. Having attended the newly formed Commission of the Riverside County Transportation
Commission, Councilman Comerchero advised that the newly formed Commission has
representation from each City in Riverside County and bdefly commented on 1999 funding.
C. Councilman Stone advised that he had the opportunity to attend the November 9, 1998,
reception for the dignitaries from Japan and relayed delight with having had the opportunity to
watch the Japanese fencing display.
D. In light of raised objections from the residents, Councilman Stone requested that the
parking in neighborhoods adjacent to Temecula Valley High School be agendized for the
November 17, 1998, City Council meeting. Councilman Stone advised that he and Mayor
Roberts had met with the Temecula Valley School Board to discuss a number of issues
including parking in residential areas and advised that future meetings will be scheduled in order
to address this issue.
E. In response to Council's concern with regard to the readjustment of Caltrans' controllers,
Mayor Roberts advised that he has discussed the concern with Caltrans District 8 Director who
had noted that he would address the issue.
F. Because of El Nino and its affects on plant growth, Mayor Roberts noted that a vector
control problem has been created throughout the City; referenced the City's informative Vector
Control pamphlet; and requested that the matter be agendized for the November 17, 1998, City
Council meeting.
G. Commenting on the effectiveness of E-mail, Mayor Roberts encouraged the residents to
communicate with the Councilmembers by way of E-mail and briefly reviewed each
Councilmember's E-mail address.
CONSENTCALENDAR
I Standard Ordinance Adoption Procedure
RECOMMENDATON:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included
in the agenda.
2 Resolution ApprovinQ List of Demands
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. 98-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ALLOWING CERTAIN CLAIMS AND
DEMANDS AS SET FORTH IN EXHIBIT A
3 City Treasurer's Report as of September 30, 1998
RECOMMENDATION:
3.1 Receive and file the City Treasurers Report as of September 30, 1998.
4 Computer Purchase Loan Program
RECOMMENDATION:
4.1 Designate up to $100,000 in the General Fund for an educational employee
computer purchase loan program.
5 Plannin.cl Commission Meeting Schedule Amendment
RECOMMENDATION:
5.1 Adopt a resolution entitled:
RESOLUTION NO. 98-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ESTABLISHING AN AMENDED
MEETING SCHEDULE FOR THE CITY OF TEMECULA
PLANNING COMMISSION
6 Release of that portion of Faithful Performance and Labor and Materials Bonds for
Rancho California Road frontin.q sidewalk and Landscape and IrriQation
Improvements for Tract No. 23371-F (located northeasterly of the intersection of
Mar.cladta Road at Rancho California Road)
RECOMMENDATION:
6.1 Authorize release of the Faithful Performance and Labor and Materials
bonds for the Rancho California Road fronting sidewalk and
Landscape/Irrigation Improvements for Tract No. 23371-F;
6.2 Direct the City Clerk to so advise the developer and surety.
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7
9
Accept Public Improvements in Tract No. 24131-2 (located southwesterly of
Meadows Parkway at McCabe Drive)
R ECOM MEN DATIO N:
7.1 Accept the Public Improvements in Tract No. 24131-2;
7.2 Authorize reduction in Faithful Performance securities to the warranty
amount and initiation of the one-year warranty period;
7.3 Direct the City Clerk to so notify the developer and the surety.
8 Accept Subdivision Monumentation in Tract No. 24131-3 (located northwesterly of
Meadows Parkway at Leena Way)
RECOMMENDATION:
8.1 Accept Subdivision Monumentation in Tract No. 24131-3;
8.2 Authorize release of the Subdivision Monument security;
8.3 Direct the City Clerk to so notify the developer and the surety.
Acceptance of Public Streets into the City-Maintained Street System (within Tract
No. 24131-2 - located southwesterly of the intersection of Meadows Parkway at
McCabe Drive)
RECOMMENDATION:
9.1 Adopt a resolution entitled:
RESOLUTION NO. 98-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ACCEPTING CERTAIN PUBLIC
STREETS INTO THE CITY-MAINTAINED STREET
SYSTEM (WITHIN TRACT NO. 24131-2)
10 Release Labor and Materials Security for Public Improvements in Parcel Map No.
24085-F (located northwesterly of the intersection of Diaz Road and Zevo Drive -
Avenida de Ventas)
RECOMMENDATION:
10.1 Authorize release of the Labor and Materials security for the public
improvements in Parcel Map No. 24085-F;
10.2 Direct the City Clerk to so advise the developer and surety.
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12
Release Labor and Materials Security for Public Improvements in Parcel Map No.
24085-2 (located northwesterly of the intersection of Diaz Road and Zevo Drive -
Avenida de Ventas)
RECOMMENDATION:
11.1 Authorize release of the Labor and Materials Security for public
improvements in Parcel Map No. 24085-2;
11.2 Direct the City Clerk to so advise the developer and surety.
Pro.clrem Supplement No. M001 to Administering Local A.c~ency/State A.clreement for
Federal-Aid Proiects No. 08-5459
RECOMMENDATION:
12.1 Adopt a resolution entitled:
RESOLUTION NO. 98-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING PROGRAM SUPPLEMENT
AGREEMENT NO. M001 TO LOCAL AGENCY/STATE
AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-
5459 BETWEEN THE STATE DEPARTMENT OF
TRANSPORTATION AND THE CITY OF TEMECULA -
PROJECT NO. STPLG-5459(008) - FOR TRAFFIC
SIGNAL INSTALLATION ON WINCHESTER ROAD AT
ENTERPRISE CIRCLE
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Completion and Acceptance of the Installation of Flashing Beacons at Various
Locations- Proiect No. PW96-18
RECOMMENDATION:
13.1 Accept the installation of flashing beacons at various locations- Project No.
PW96-18;
13.2 File Notice of Completion, release the Performance Bond, and accept a one
(1) year Maintenance Bond in the amount of 10% of the contract;
13.3 Release the Materials and Labor Bond seven (7) months after filing of the
Notice of Completion if no liens have been filed.
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15
16
Completion and Acceptance of the Installation of the Traffic Signal at the Intersection
of Mar.Qadta Road and Santiago Road - Project No. PW97-24
RECOMMENDATION:
14.1 Accept the traffic signal installation at the intersection of Margarita Road and
Santiago Road- Project No. PW97-24;
14.2 File Notice of Completion, release the Performance Bond, and accept a one
(1) year Maintenance Bond in the amount of 10% of the contract;
14.3 Release the Materials and Labor Bond seven (7) months after filing of the
Notice of Completion if no liens have been filed.
Joint Fundin.cl Agreement with Riverside County Transportation Department for
Weekend Traffic Control at I-15 and Hi.clhwaV 79 South
RECOMMENDATION:
15.1
Approve an agreement between the City of Temecula and Riverside County
for providing weekend traffic control at I-15 and Highway 79 South and
authorize the Mayor to sign the agreement subject to City Attorney approval;
15.2
Appropriate $17,000.00 from General Fund Unappropriated Reserve for
traffic control at 1-15 and Highway 79 South on weekends beginning in
November 1998 and terminating in April 1999.
Award of Construction Contract for the Median Islands on Winchester Road west of
Jefferson Avenue - Project No, PW97-21 - and Traffic SiGnal at Winchester Road &
Entemdse Circle North/VVest- Project No. PW97-30
RECOMMENDATION:
16.1
Award a construction contract for the median islands on Winchester Road
west of Jefferson Avenue and the traffic signal at Winchester Road &
Enterprise Circle NorthNVest to S. Parker Engineering, Inc. in the amount of
$387,392.08 and authorize the Mayor to execute the contract;
16.2
Authorize the City Manager to approve change orders not to exceed the
contingency amount of $38,739.21 which is equal to 10% of the contract
amount.
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17
Approval of Cooperative Agreement with the Temecula Redevelopment Agency for
Construction and Funding of the I-15 Southbound Off-Ramp Widening at Winchester
Road - Project No. PW97-03 and Project No. PW98-07
RECOMMENDATION:
17.1
Approve an Agreement entitled Cooperative Agreement between the City of
Temecula and the Redevelopment Agency of the City of Temecula for
construction and funding of the I-15 southbound off-ramp widening at
Winchester Road;
17.2 Authorize the Mayor to execute the Agreement on behalf of the City in
substantially the form attached to the Agenda Report.
18
Margarita Road Storm Drain Improvements Reimbursement Agreements with
Rancho California Water Distdct for Work Performed Dudng Construction - Project
No. PW97-07
RECOMMENDATION:
18.1
Approve the Reimbursement Agreement with Rancho California Water
District (RCWD) for the cost to relocate certain water improvements
necessary for the Margarita Road Storm Drain Improvements - Project No.
PW97-07.
MOTION: Councilman Lindemans moved to approve Consent Calendar Item Nos. I -
18. The motion was seconded by Councilman Stone and voice vote reflected
unanimous approval.
At 7:54 P.M. the City Council convened as the Temecula Community Services District and
the Temecula Redevelopment Agency. At 8:00 P.M., the City Council resumed with
regularly scheduled City Council business.
COUNCIL BUSINESS
19 Weight Restriction on Front Street between Moreno Road and Second Street
RECOMMENDATION:
19.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 98-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING SECTIONS 10.20.060 AND
10.20.070 OF THE TEMECULA MUNICIPAL CODE TO
DESIGNATE FRONT STREET BETWEEN MORENO
ROAD AND SECOND STREET AS RESTRICTED TO
VEHICLES NOT EXCEEDING A MAXIMUM GROSS
WEIGHT OF TEN THOUSAND POUNDS
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Councilman Stone noted that he would be abstaining with regard to this issue.
Public Works Director Kicak reviewed the staff report (of record), commented on the
north and south location of the archways; and advised that because of height restrictions
(17' at the lowest portion of the arch), that no permit loads will be permitted to travel on
Front Street.
City Attomey Thorson introduced and read Ordinance No. 98-21.
MOTION: Councilman Comerchero moved to concur with the staff recommendation.
The motion was seconded by Councilman Lindemans and voice vote reflected
unanimous approval with the exception of Councilman Stone who abstained.
20 Appeal of Planning Commission Denial of Finding for Public Convenience or
Necessity for Stop Quick Market located on Rancho California Road at Lyndie Lane
RECOMMENDATION:
20.1 Support Planning Commission denial of Finding of Public Convenience or
Necessity for Stop Quick Market;
20.2 Adopt a resolution entitled:
RESOLUTION NO. 98-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA DENYING THE APPEAL OF THE
PLANNING COMMISSION'S DENIAL OF A FINDING OF
PUBLIC CONVENIENCE OR NECESSITY FOR THE
STOP QUICK MARKET LOCATED AT THE CORNER OF
RANCHO CALIFORNIA ROAD AND LYNDIE LANE
Community Development Director Thornhill presented the staff report (as per agenda
material), advising that the facility of discussion currently sells beer and wine and that
the request is to sell hard liquor. Mr. Thornhill noted that the existing facility is within
close proximity of a day care center.
City Attorney Thorson informed the City Councilmembers that the requirement to make
this finding has been imposed by State law and that it adses from the fact that the
Alcohol Beverage Control Department has determined that there are a sufficient number
of licensees within the County and that this requirement is as well imposed upon
licensees within the City. If the Council were to deny the applicant's request, Mr.
Thorson recommended that Section 2a. of the resolution be amended as follows: Making
the Finding would create an undue ... Mr. Thorson advised that the City has no specific
requirements that prohibit the location of a liquor licensee within so many feet of a
school but that the Alcohol Beverage Control does impose such regulations.
In light of his 15 years of experience and never having experienced a problem with
selling alcohol, Mr. Ibrahim D. Ibrahim, appellant, relayed his desire to improve this
business by providing various amenities such as check cashing, money orders,
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groceries, etc. He also relayed his interest in reducing the business hours and
requested the City Council to approve his request to sell hard alcohol.
Voicing no objection to the sale of beer and wine, Mr. Wayne Hall, 42131 Agena Street,
relayed his opposition to the sale of hard alcohol and encouraged the City Council to
uphold the Planning Commission's decision. Mr. Hall also commented on the close
proximity of a day care center and apartment complexes to the facility of discussion.
Noting that, in his opinion, the City Council does not have the responsibility to provide
conveniences to such an extent as it relates to alcohol and considering the nearby
facilities at which hard alcohol may be purchased, Councilman Comerchero relayed his
support to uphold the Planning Commission's decision for denial.
In light of the neighboring uses (day care center, church, apartment complexes, office for
Alternatives to Domestic Violence) to the facility of discussion, Councilman Stone,
echoed by Mayor Roberts, relayed his support to uphold the Planning Commission's
decision for denial.
MOTION: Councilman Comerchero moved to support the Planning Commission's
decision for denial and to adopt Resolution No. 98-109 as amended. The motion was
seconded by Mayor Pro Tem Ford and voice vote reflected unanimous approval.
21 Temeku Hills Park Sub-Committee Recommendations
RECOMMENDATION:
21.1 Construct Temeku Hills Park as specified in the Specific Plan without ball
field lighting;
21.2 Identify possible sites for a large sports complex;
21.3 Explore with the developer the feasibility of completing construction of
Meadows Parkway as soon as possible;
21.4
Approve, in substantial form, final form to be approved by City Manager and
the City Attorney Implementation Agreement No. 1 to Development
Agreement between the City of Temecula and Temeku Hills Development
Partners, L.P. and UDC Homes, Inc. (Specific Plan No. 199 - Margarita
Village) providing for the developer to provide $150,000 toward the
installation of ball field lighting at another public park within the City of
Temecula.
Councilman Stone, a member of the subcommittee along with Councilman Lindemans,
reviewed the subcommittee's recommendations (as per agenda material).
Councilman Lindemans requested that the subcommittee be retained in order to identify
possible sites for a large sports complex and that once potential sites have been determined
that the Community Services Commission be given the opportunity to review and to make a
formal recommendation to the City Council.
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Mayor Roberrs appdsed the Council and viewing audience of a petition, received by staff, in
support of the ball field lights.
Councilman Comerchero commended Councilmembers Lindemans and Stone on a job well
done and referenced the Parks and Recreation Master Plan which calls for the eventual
lighting of additional fields at the Sports Park.
Commending the Councilmembers Lindemans and Stone on a job well done, the following
individuals spoke in support of the subcommittee's recommendation including the deletion of
ball field lighting:
Mr. Clifford Larson
Mr. Dan Goodman
Mr. David Mathewson-
Ms. Barbara Johnston-
Mr. Terry Cordell
31130 South General Kearney Road
31130 South General Kearney Road
31293 Dumey Court
31463 Britton Circle
41284 Bravos Court
Mr. Mathewson relayed concern with the proposed installation of conduit for potential future
lighting and requested that the City Council oppose such installation.
Mrs. Sara Mathewson, 31293 Durney Court, as well extended her appreciation to
Councilmembers Lindemans and Stone and requested that the perimeter of the park and
Meadows Parkway median be landscaped with mature trees in order to help mitigate
sounds from the park. Mrs. Mathewson as well relayed opposition to the use of chainlink
fencing around the park and as well opposed the installation of conduit.
Mr. Vince Didonato, landscape architect, provided detailed information with regard to the
use of chainlink fencing, advising that the visual appearance of the fence would be screened
with the use of mature landscaping; referenced secudty lighting in the parking lot as well as
the picnic shelter; and commented on the size of proposed plantings.
On behalf of himself and Councilman Lindemans, Councilman stone thanked the
representatives from McMillan for their cooperation in addressing the concerns of the
neighboring residents.
MOTION: Councilman Stone moved to approve the subcommittee's recommendations to
construct Temeku Hills Park as specified in the Specific Plan without ball field lighting; to
identify possible sites for a large sports complex; to explore with the developer the feasibility
of completing construction of Meadows Parkway as soon as possible; and to approve, in
substantial form, final form to be approved by City Manager and the City Attorney,
Implementation Agreement No. I to Development Agreement between City of Temecula
and Temeku Hills Development Partners, L.P. and UDC Homes, Inc. (Specific Plan No. 199,
Margarita Village), providing for the developer to provide a $150,000 toward the installation
of ball field lighting at another public park within the City of Temecula. The motion was
seconded by Councilman Lindemans and voice vote reflected unanimous approval.
CITY MANAGER'S REPORT
No comments.
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CITY ATTORNEY'S REPORT
City Attorney Thorson advised that there are no actions to report under the terms of the Brown
Act and that City Council gave direction with respect to the litigation matter listed; with respect to
the real estate matter, he advised that the City Council gave direction to him and staff on the
handling and that the issue will be forwarded to the Council in Open session for further action.
Mayor Roberts invited the viewing audience to attend the 1998 Temecula Public Safety Expo on
Saturday, November 14, 1998, 8:00 A.M. to 3:00 P.M. at Chaparral High School.
Councilman Lindemans advised of the Mayor's Prayer Breakfast on Thursday, November 12,
1998, at 6:45 A.M.
ADJOURNMENT
At 8:57 P.M., Mayor Roberts formally adjourned the City Council meeting to Tuesday,
November 17, 1998, at 7:00 P.M.
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, C
[SEAL]
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