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HomeMy WebLinkAbout030299 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MARCH 2, 1999 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 adjoum to Closed Session pursuant to Govemment Code Sections: Conference with real property negotiator pursuant to Govemment code Section 54956.8 conceming the acquisition of real property located at 28721 Front Street, Temecula (APN 922-073-017, 922-046-022, and 922-073-024). The negotiating parties are the Redevelopment Agency of the City of Temecula and Cleveland Investment Company. Under negotiation is the pdce and terms of payment to the real property interests proposed to be acquired. The Agency/City negotiators are Shawn Nelson, James O'Grady, and John Meyer. Conference with real property negotiator pursuant to Govemment Code Section 54956.8 conceming the acquisition and/or leasing of real property located at 28464 Front Street at the comer of Sixth Street, Tbmecula. The negotiating parties are the Redevelopment Agency of the City of Temecula and Dual Development Company, Ed and Kathleen Dool. Under negotiation is the pdce and terms of payment to the real property interests proposed to be conveyed and/or acquired. The Agency/City negotiators are Shawn Nelson, James O'Grady, and John Meyer. = Conference with real property negotiator pursuant to Govemment Code Section 54956.8 concerning the acquisition and/or leasing of real property located at 42051 Main Street (APN 922-036-020) The negotiating parties are the Redevelopment Agency of the City of Temecula and the Temecula Valley Chamber of Commerce. Under negotiation is the pdce and terms of payment to the real property interests proposed to be conveyed and/or acquired. The Agency/City negotiators are Shawn Nelson and James O'Grady. 4. Conference with City Attomey and legal counsel pursuant to Govemment 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: Claim of Westside City II, LLC. r 5. Conference with City Attorney pursuant to Govemment Code Section 54956.9(b) with respect to one matter of potential litigation. With respect to the matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and the Agency based on existing facts and circumstances. 6. Discussion of candidates for position of City Manager pursuant to Government Code Section 54957. Minutes~30299 1 ~ ROLL CALL Present: Absent: PRELUDE MUSIC Coundlmembers: Comerchero, Lindemans, Roberts, Stone, and Ford. Councilmember: None. The prelude music was provided by Vivian Tang. INVOCATION The invocation was given by Pastor Stanley Lubeck of Church on the Rock. ALLEGIANCE The audience was led in the Flag salute by Councilman Lindemans. PRESENTATIONS/PROCLAMATIONS Certificate of Appreciation to Sheriff/Coroner Larry D. Smith Extending appreciation to the City Councilmembers as well as the residents of the City, Shedif/Coroner Smith accepted the certificate. Mediation Week Proclamation Mayor Ford so proclaimed March 14- 20, 1999 as Mediation Week. Joan Sparkman Day Proclamation Thanking the City Coundlmembers and the residents for their support, Ms. Sparkman, with appredation, accepted the proclamation. PUBLIC COMMENTS No comments. CITY COUNCIL REPORTS A. Mayor Pro Tern Stone commented on the upcoming tdp to Washington, D.C. and lobbying efforts that will be undertaken with regard to Flood Control, public library, and a Fine Arts Center. B. Having attended a Building Industry Association meeting, Councilman Lindemans advised that the Quino Checkerspot Butterfly was the topic of discussion. C. Councilman Roberrs advised that he has met with the Deputy Director of the California Highspeed Rail Authority and advised that discussions and lobbying efforts are being undertaken to ensure a Highspeed Rail Stop in the City of Temecula. He noted that there will be a Highspeed Minutes',030299 Rail Workshop on March 24, 1999, 10:00 A.M. - 12:00 P.M., at the Riverside City Council Chambers, advising that this meeting will be open to the public. D. With regard to the impacts demgulation may have on greenwaste, Councilman Roberrs commented on the City's goal to meet the 50% diversion from the landfill by the year 2000 and how this goal could be impacted with the energy plant no longer providing its services to Southern California Edison. CONSENT CALENDAR 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 ADDroving List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 99-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Release Labor and Materials secudty for Public Improvements in Parcel MaD No. 24085.3 (located northwestedv of the intersection of Diaz Road and Zero Ddve - Avenida de Ventas) RECOMMENDATION: 3.1 Authorize release of the Labor and Materials secudty for Public Improvements in Parcel Map No. 24085-3; 3.2 Direct the City Clerk to so advise the developer and surety. Release Labor and Materials secudtv for Public Improvements in Parcel MaD No. 28471-1 (located southwesterly of the intersedion of Winchester Road and Zero Ddve) RECOMMENDATION: 4.1 Authorize release of Labor and Materials secudty for the public street, and water and sewer improvements; 4.2 Direct the City Clerk to so notify the Developer and Surety. Minutes%030299 6 7 5 Acceptance of Public Streets into the City-Maintained Street System within Tract No. 21067 (located northwesterly of the intersection of Pala Road at Loma Linda Road) RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 99-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (VVlTHIN TRACT NO. 21067) AcceDt Public Improvements in Tract No. 21067 (located northwesterly of the intersection of Pala Road at Loma Linda Road) " RECOMMENDATION: 6.1 Accept the Public Improvements, including subdivision monumentation, in Tract No. 21067; 6.2 Authorize reduction in the Faithful Performance Securities to the ten percent (10%) warranty amount, release of the Subdivision Monumentation security, and initiation of the one-year warranty pedod; 6.3 Direct the City Clerk to so advise the developer and surety. Parcel Map No. 28657-1 (located at the northwest comer of Diaz Road and ReminGton Avenue) RECOMMENDATION: 7.1 Approve Parcel Map No. 28657-1, in conformance with the Conditions of Approval; 7.2 Approve the Subdivision Improvement Agreement; 7.3 Approve the Subdivision Monument Agreement and accept the Letters of Credit as secudty for the agreements. 8 Elimination of Booking Fees RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 99-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA URGING RIVERSIDE COUNTY BOARD OF SUPERVISORS TO REPEAL THE IMPOSITION OF BOOKING FEES ON COUNTY CITIES Minutes~030299 9 Acauisition of Real Property from CamDos Verdes, LLC for Construction of a Detention Basin for Long Canyon Wash RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 99-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS, DATED AS OF MARCH 2, 1999, WITH COMMUNITIES SOUTHWEST, INC., FOR THE LONG CANYON WASH DETENTION BASIN MOTION: Councilman Lindemans moved to approve Consent Calendar Item Nos. 1-9. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. At 7:26 P. M., the City Council convened as the Temecula Community Services Distdct and the Temecula Redevelopment Agency. At 7:34 P.M., the City Council resumed with regularly scheduled City Council business. COUNCIL BUSINESS 10 Planning Commission ApDointment RECOMMENDATOIN: 10.1 Appoint one applicant to serve an unexpired term which will expire June 4, 2000. In light of the experience necessary for this position, Coundlman Lindemans, echoed by Mayor Pro Tern Stone, commented on Ms. Fahey's past experience with the Planning Commission and, therefore, offered the following motion: MOTION: Councilman Lindemans moved to appoint Linda Fahey to serve the unexpired term which will expire June 4, 2000. The motion was seconded by Coundlman Comerchero and voice vote reflected unanimous approval. 11 Winchester Road Median Island west of Jefferson Avenue - Project No. PW97-21 RECOMMENDATION: 11.1 Consider and discuss the construction and installation of a median island on Winchester Road west of Jefferson Avenue - Project No. PW97-21. Acting Director of Public Works Hughes presented the staff report (as per agenda material), advising that approximately $285,000 of the awarded $387,000 contract would be contributed to the raised median/irrigation/landscaping with the remainder for the installation of the traffic signal. Mr. Hughes further clarified and described the location of the proposed median break. Minutes~30299 In order to provide access to the ddveway between lots 8 and 9, Councilman Comerchero suggested a median break at this location to accommodate such access, noting that the median break could always be dosed at a future date. Senior Traffic Engineer Moghadam further elaborated on the purpose, function, and goal of the traffic signal and raised median. In response to Coundlman Comerchero's suggestion, Mr. Moghadam commented on the difficulties assodated with deleting a median break once it has been installed. Concurring with Coundlman Comerchero, Deputy City Manager Thomhill noted that for the undeveloped land on the south side, a condition of approval could be imposed, at the time of approval, requesting reciprocal access. For existing and established businesses, Mr. Thornhill commented on the difficulties of creating reciprocal access. In light of the overhead illustration, Coundlman Roberts, echoed by Coundlman Lindemans, noted that a majodty of the collisions are occurring in the intersection and at peak traffic hours. Advising that a median break, traveling westbound between lots 10 and 11, was not part of the odginal proposal, Mr. Larry Markham reviewed the Publicrrreffic Safety Commission's rationale for granting this break. With regard to redprocal access dghts, Mr. Markham advised that all driveways along Winchester Road are shared access driveways and that the only parcels without access to the rear are lots 3 and 4 on the north side. Being of the opinion that another left-hand tum movement may actually ease traffic congestion at the intersection, Mayor Pro Tem Stone concurred with Councilman Comerchero's suggestion to provide an extra left-hand turn and noted that the effectiveness of such a break could be reevaluated at a later time. At 8:11 P.M., Mayor Ford called a recess and reconvened the meeting at 8:23 P.M. after which he opened the public headng. The following individuals spoke in opposition to the raised median: · Mr. Gordon Siebert 41715 Winchester Road, fr207 · Mrs. Angle Marchese 35440 Calle Nopal · Mr. Lloyd Mullins 42181 Avenida Alvaredo · Ms. Billie Folie 2560 Tundt Court, Vista · Mr. Bill Dendy 41975 Winchester Road · Mr. Gus Fdedel 41240 Tea Tree Court · Mr. Fred Feck 310 Via Vera Cruz, San Marcos · Mr. Steven Clair 30486 Iron Bark Court Minutes%030299 The above-mentioned individuals spoke in opposition to the median for the following masons: · Will detrimentally impact business · Will create traffic congestion for the neighboring businesses · Will limit freeway accessibility as well as visibility It was also noted by the residents that, in their opinion, the matter, when originally discussed, was not propedy noticed; that a majodty of the accidents occur at the intersection; that a median break between lots 8 and 9 would resolve the above-mentioned concerns; and that the proposed traffic signal will as wall mitigate a majodty of the noted traffic concems. The use of median stdps was also recommended as well as permitting a left-hand tum from Winchester Road onto Enterprise Circle South with appropriate signage. Acting Director of Public Works Hughes noted that the traffic signal would have to be specifically timed to ensure proper left-hand tum movement between lots 8 and 9. In addition to the installation of the traffic signal, Coundlman Roberts suggested to extend the raised median wast through the intersection, allowing right-hand turns but no left-hand turns. In response to Councilman Robert's suggestion, discussion ensued as to how far to extend the raised median with City Attorney Thorson advising that a contract that has been awarded may be modified. MOTION: Coundlman Roberts moved to approve the construction of the raised median on Winchester Road, west of Jefferson Avenue, and to extend this median through the intersection. The motion was seconded by Councilman Lindemans. (This motion was ultimately amended; see below.) Concurring with the proposed motion, Councilman Comerchero suggested that it be amended to reflect that the median be extended to lot 11 to coincide with the existing driveway. AMENDED MOTION: Councilman Roberts moved to approve the construction of the raised median on Winchester Road, wast of Jefferson Avenue, and to extend this median through the intersection to lot 11 to coincide with the existing driveway. The motion was seconded by Councilman Lindemans and voice vote reflected unanimous approval. CITY MANAGER'S REPORT Apprising the residents that the Vail Ranch/Redhawk annexation has been scheduled for a public headng on March 23, 1999, and that the following two City-hosted question-and-answer sessions have been scheduled pdor to the public headng: · March 15, 1999 7:00 P.M. at Vail Ranch Middle School · March 18, 1999 7:00 P.M. at Redhawk Elementary School Minutes%030299 CITY ATTORNEY'S REPORT City Attomey Thorson advised that City Council provided' direction to staff with regard to the real property matters; that there are no reportable actions; and that all final action would be taken in Open Session. With regard to pending claims, Mr. Thorson advised that this matter was continued without any action taken. With regard to potential litigation, Mr. Thorson advised that direction was given to prepare a request for opinion from the Attorney General of the United States with regard to the issue involving the Quino Checkerspot Butterfly. ADJOURNMENT At 9:05 P.M., Mayor Ford formally adjoumed the City Council meeting to Tuesday, March 23, 1999, 7:00 P.M., City Council Chambers, 43200 Business Park Ddve, Temecula, Califomia ATTEST: /~~eve~ Mayor usan W Jones, C C [SEAL] Minutes~030299