HomeMy WebLinkAbout040897 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
HELD APRIL 8, 1997
I=XFCUTIV!= SFSSION
A meeting of the City of Temecula City Council was called to order at 5:42 PM. It was moved
by Mayor Pro Tern Roberts, seconded by Councilmember Ford, to adjourn to Executive Session
at 5:42 PM, pursuant to Government Code Sections:
It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Ford to add the
following item to the agenda, based on subsequent need:
§54956.9(b), Conference with Legal Counsel - anticipated Litigation, one matter. The motion
was unanimously carried.
1. §54956.9(b), Conference with Legal Counsel - Anticipated Litigation, two matters.
2. §54956.8, Conference with Real Property Negotiator, Property: Approximately 4.5 acres
located northeast of Margarita Road and Rustic Glen (Winchester Creek Park); Negotiating
parties: Winchester LLC, Steve Bieri and City of Temecula; Under negotiation: Price and terms
of acquisition.
The motion was unanimously carried. The Executive Session was adjourned at 6:45 PM.
A regular meeting of the Temecula City Council was called to order at 7:02 PM at the City
Council Chambers, 43200 Business Park Drive, Temecula, California. Mayor Birdsall presiding.
PRESENT 5
COUNCILMEMBERS:
Ford, Lindemans, Roberts,
Stone, Birdsall
ABSENT: 0 COUNCILMEMBERS:
None
Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk
June S. Greek.
PRELUDF MUSIC
The prelude and intermission music was provided by Jordan Bellino.
INVOCATION
The invocation was given by Minister Doug Cole, Church of Christ.
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Citv Council Minutes April 8 . 1997
PLEDGE OF ALLFGIANCE
The audience was led in the flag salute by Councilmember Stone.
PROC! AMATION/PRESENTATIONS
Kari Hollis Spencer of United Way presented their Outstanding Region Award to the Cityiof
Temecula, and their Municipal Campaign Award to City staff for their outstanding campaign,
which was coordinated by Allie Kuhns.
Abe Lehman, president of the Temecula Valley Pop Warner League, presented Community
Services Director $hawn Nelson a plaque of appreciation to the City of Temecula and the
Community Services Department for their continued support of Pop Warner Football.
Mayor Birdsall presented a Certificate of Appreciation to Steve Sander for his six years of
service on the Public/Traffic Safety Commission, of which he was an inaugural member.
Mayor Birdsall proclaimed April 13 to April 19, 1997 to be "Crime Victims' Rights Week".
Mayor Birdsall presented a Commendation Award to Police Canine "Tango". Police Chief Pete
Labahn introduced Officer Chuck Mungle, the first Officer to work with Tango, and Officer Joe
Nardone, his present handler, and presented the Top Dog Award trophy, reflecting Tango's
performance in a November 1996 competition, to the City of Temecula.
CITY ATTORNEY REPORT
City Attorney Thorson stated, in accordance with the provisions of the Brown Act, he had
nothing to report from Closed Session.
PUBLIC COMMENTS
Tom Stultz, 32076 Corte Soledad, thanked the City Council for funding improvements to the
Old Town area.
Jim Miller, 31691 Corte Cardenas, verified the approval date for the Zonos Strip Mall at Pauba
and Margarita Roads is April 22, 1997, and invited people to attend or to call Temecula's
hotline.
Philip Hoxey, 43318 Cielo de Azul, thanked the City Council for the preservation and
restoration of the Old Town business district by approving the design and engineering of the
Old Town Specific Plan.
CITY COUNCIL REPORTS
Councilmember Ford stated modifications regarding RCHCA were included in their packets. He
would like input regarding reimbursement levels and asked the City Attorney to look at it for
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City Council Minutes April 8. 1997
ratification. He reported at the last meeting of the Joint Temecula/Murrieta Transportation
Committee, a study report was received regarding planning and implementing traffic measures
in the 1-15 and 215 corridors between the two cities through 2015. He stated he will have a
recommendation for the City Council within the next month, and the item should be placed on
the agenda for discussion as soon as possible.
Councilmember Stone asked Public Works Director Joe Kicak for an update on the completion
date for Winchester Overpass. Public Works Director Kicak stated, based on progress to date,
the additional lanes should be open the end of May; however, lighting and landscaping work
may continue for a couple of months.
Councilmember Stone asked when construction will begin on the Rancho California Bridge and
Mr. Kicak stated it will probably be September 1997. Mr. Kicak reported that a new contract
with General Telephone Company for relocation of certain facilities in that area will be before
the Council at the April 22, 1997 meeting.
CONSENT CALENDAR
Mayor Birdsall removed Item No. 13, to accommodate requests to speak on that item.
Mayor Pro Tem Roberts requested a correction on the minutes of March 25. Page 2 should
read: Mayor Pro Tern Roberts and Councilmember Ford presented Special Achievement
Awards.
Councilmember Stone noted an abstention on Item 2.2 since he was not present at the March
25, 1997 meeting.
It was moved by Mayor Pro Tern Roberts, seconded by Councilmember Ford, to approve
Consent Calendar Items 1-12 and 14-15 as amended, with Councilmember Stone abstaining
on Item 2.2.
The motion carried as follows:
AYES: 5 COUNCILMEMBERS: Ford, Linderoans, Roberts, Stone,
Birdsall
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS:
None
Standard Ordinance Adol;)tion Procedure
1,1 Motion to waive the reading of the text of all ordinances and resolutions included
in the agenda.
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Minutes
2.1 Approve the minutes of March 18, 1997.
2.2 Approve the minutes of March 25, 1997.
The motion carried as follows:
AYES: 4 COUNCILMEMBERS: Ford, Lindemans, Roberts, Birdsall
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 1 COUNCILMEMBERS: Stone
Resolution ADDroving List of Demands
3.1
Adopt a resolution entitled:
RESOLUTION NO. 97-32
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
4.1 Receive and file the City Treasureds Report as of February 28, 1997.
Records Destruction Al~l~roval
5.1 Approve the scheduled destruction of certain City records in accordance with the
City of Temecula approved Records Retention Policy.
Sale of Police Canine
6.1 Authorize sale of Temecula Police Department canine "Tango" to Charles Mungle
for the sum of one dollar.
Accel~t Public Iml~rovements in Parcel MaD 78177 (Located east of Meadows Parkway,
between Rancho California Road and Rancho Vista Road)
7.1 Accept the public improvements;
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10.
11.
7.2 Authorize reduction of the Faithful Performance Bond amount, initiation of the
one-year warranty period and release of the Monument Bond for Parcel Map
28122;
7.3 Direct the City Clerk to so advise the developer and surety.
Acceptance of Public Street into the City-Maintained Street System (Within Tract No.
76861-1) (Located Southwesterly of intersection of Margarita Road at Highway 79S)
8.1 Adopt a resolution entitled:
RESOLUTION NO. 97-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
ACCEPTING CERTAIN PUBLIC STREET INTO THE CITY-MAINTAINED STREET
SYSTEM (WITHIN TRACT NO. 26861-1)
Accept Public Improvements and Acknowledge Private Improvements in Tract No.
76861-1 (Located Southwesterly of intersection of Margarita Road at Highway 79S)
9.1 Accept the public improvements and acknowledge private improvements;
9.2 Authorize reduction of the faithful performance bond amounts for streets,
drainage, and water improvements, initiation of the one-year warranty period,
and release of the Subdivision Monument Bond for Tract No. 26861-1;
9.3 Direct the City Clerk to so advise the developer and surety.
Acknowledge Completion of Certain Improvements in Tract No. 26861-F (Located
Southwesterly of intersection of Margarita Road at Highway 79S)
10.1 Acknowledge completion of certain improvements in Tract No. 26867-F;
10.2 Authorize reduction in Faithful Performance Bond amounts for the improvement
of private street, water, and sewer system improvements, initiation of the one-
year warranty period, and release of the Subdivision Monument Bond;
10.3 Direct the City Clerk to so advise the developer and surety.
Temecula Creek Channel - Campanula Way Storm Drain Project No. 7-0-0047 Tracts No.
24182 through 24186 and 74188 Cooperative Agreement
11.1 Approve Temecula Creek Channel - Campanula Way Storm Drain Project No. 7-0-
0047 Tracts No. 24182 through 24186 and 24188 Cooperative Agreement with
the Riverside County Flood Control and Water Conservation District and the
Newland Associates, Inc.;
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12.
14.
15.
13.
11.2 Authorize the execution and attestation of such agreement in its final form by
the City Manager and City Clerk.
Coml;)letion and Accel;)tance of the Construction of FY96-97 Slurry Seal Program.
Project No. PW96-11
12.1 Accept the construction of the FY96-97 Slurry Seal Program, Project No. PW96-
11.
12.2 File Notice of Completion, release the Performance Bond, and accept a one (1)
year Maintenance Bond in the amount of 10% of the contract;
12.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice
of Completion if no liens have been filed.
Extension of City Manager's Eml~loyment Agreement
14.1 Approve the "First Amendment to Employment Agreement" between the City and
City Manager Ronald Bradley.
Second Reading of Ordinance No. 97-04
15.1 Adopt an ordinance entitled:
ORDINANCE NO 97-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING
SECTION 2.08.060 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING A
VOLUNTARY CAMPAIGN EXPENDITURE CEILING FOR ELECTIONS TO CITY
OFFICES AND PROVIDING FOR AN INCREASE IN THE CAMPAIGN
CONTRIBUTION LIMITS IN ACCORDANCE WITH THE POLITICAL REFORM ACT
OF 1996 (PROPOSITION 208!
Walker Basin Sl~ecific Plan
Community Development Director Gary Thornhill presented the staff report.
Dennis Klimmek, Counsel with Lorenz Alhadeff Law Firm, representing Kemper Corp.
and KL-75 who own the Walker Basin project, stated that misinformation was given
at the March 18, 1997 meeting regarding the Walker Basin Specific Plan and asked
the Council not adopt this resolution.
Edward Fitzpatrick, 1510 Front Street, Suite 100, San Diego, representing Imprimis
LLC, who is under contract to purchase Walker Basin, addressed statements
regarding the EIR and EIR process. He also requested this resolution not be adopted.
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Councilmember Lindemans asked if it is required to widen the narrow winding road
to get into Walker Basin. Mr. Fitzpatrick replied the Conditions of Approval require
the installation of a pass lane through the City of Temecula and uphill grades -- about
4 ~ miles. He added the dirt portion of DeLuz Road is to be improved to a paved,
two-lane road with bike lanes.
Mayor Pro Tem Roberts questioned if there were any required improvements in
Temecula. Mr. Fitzpatrick answered there is the construction of a passing lane
which will start in the industrial area of Temecula and go to the switchback curves --
about 3,000 to 4,000 feet.
Councilmember Stone expressed his belief that there has been a breech of due
process on this project and it would be appropriate to re-agendize this item because
of new information and to verify some of the assertions with the Planning
Department.
Councilmember Lindemans mentioned since this project is in the County, County
staff should also be invited.
Dennis Chiniaeff, 27555 Ynez Road, //200, consultant to Kemper and Imprimis,
stated this property is well outside the City's sphere of influence and no notification
was received about this item being on the March 18, 1997 agenda. He wondered
why the project did not go to Planning Commission for review before coming to the
Council. He said Walker Basin was approved prior to the City's formation and should
have been considered when making decisions on other projects. He asked that no
action be taken this evening.
John Thomas, 44200 Tostuga, member of the Santa Rosa Community Service
District, spoke in favor of the resolution, based on increased traffic and the need for
a new business plan.
City Attorney Thorson added the code requires that before this phase of project is
approved, there be a finding there has not been a change in the project or the County
has data determining there has not been significant changes. He reiterated the
resolution before the Council does not demand a subsequent EIR be prepared, but that
the County undertake additional environmental review.
Mayor Pro Tem Roberts stated he does not want to bring this item back before the
Council, since it is not within the City or the City's sphere of influence.
It was moved by Councilmember Lindemans, and seconded by Mayor Pro Tern Roberts
to approve staff recommendation.
Councilmember Ford stated the resolution says the EIR documentation is inadequate in
addressing the impact and would like to change the wording to "may be inadequate".
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Citv Council Minutes April 8. 1997
Councilmember Lindemans amended the motion, which was seconded by Mayor Pro
Tem Roberts, to change the second line of the resolution to read "may be" instead of
"iS".
The motion carried as follows:
AYES: 5
COUNCILMEMBERS:
Ford, Linderoans, Roberts, Stone
Birdsall
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS:
None
Mayor Birdsall called a recess at 8:01 PM to accommodate the scheduled Community
Services District, Redevelopment Agency, Old Town/Westside Community Facilities District
Financing Authority, and Old Town/Westside Improvement Authority Meetings. The
meeting was reconvened at 8:21 PM.
PUBLIC HEARINGS
16. Development Impact Fees
City Manager Ron Bradley presented the staff report.
Joe Colgan, DMG, highlighted the key issues and findings of the study.
City Manager Bradley reviewed a list of questions which summarized unresolved
issues raised in Sam Alhadeff's letter of April 3, 1997. Mr. Alhadeff represents the
Murrieta/Temecula Group.
Mayor Birdsall recessed the meeting at 9:12 PM and reconvened at 9:23 PM by Mayor Pro
Tern Ron Roberts.
Mayor Pro Tem Roberts opened the public hearing at 9:23 PM.
Robert Righetti, California Building, Suite 211, Ynez Road, representing the Private
Development DIF Committee, thanked staff for their efforts and expressed his
support for DIF, with a few reservations. He stated his concerns are: not loading
the entire burden on the development community; the Temecula catch-up mode
needs to be borne by the existing development community; inventory should include
assessment district inventory; developer's ability to negotiate credit for what has
already been paid or what has been done on a regional basis.
Councilmember Stone asked if Mr. Righetti had a recommended mechanism to assess
the existing development community for the unbuilt unconditional improvements.
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Citv Council Minutes A~)ril 8. 1997
Mayor
Mr. Righetti replied although that is a Council policy decision, they could ascertain
the cost of unbuilt facilities and determine a certain percentage is the responsibility
of existing development.
Lon Beusegard, 23766 Via Madrid, Murrieta, President of Southwest Manufacturers
Council, reported there are manufacturing businesses located in Temecula that
affect the quality of life by keeping commuters employed in the city. He reported
the loss of a company to the county because of traffic and the ambiguity of DIF. He
urged the Council to retain the development agreement, and mentioned many
members have money on deposit and there is confusion regarding those deposits.
Tom Eidem, Executive Director of EDC, urged the Council to be as creative as
possible to ensure Temecula can become "business friendly".
Sam Marasco, 12625 High Bluff Drive, Encinitas, asked the Council to not accept the
resolution because Exhibit A numbers are not consistent with staff's report and
Footnote 2 should read "non-residential" instead of residential. He stated credit and
grandfather language is vague and ambiguous and leaves the City open to confusing
interpretation. He stated the fee for a commercial building is a 10% surcharge and
for a house, 2%, and this should be equalized. He asked to have the cost spread as
far as possible over the greatest number of people, thereby mitigating disparities and
inconsistencies.
Councilmember Stone asked for a recommendation on a way to spread the cost. Mr.
Marasco suggested putting infrastructure financing to a citizen vote.
Ms. Kuhns agreed the footnote should read non-residential; but the fees shown in
Exhibit A are the maximum ones the Council has the option to adopt.
Lyle Peterson, 29834 Corte Granada, Pastor at Hope Lutheran Church, expressed his
gratitude that churches, synagogues and non-profit organizations will be given
special consideration.
Ms. Kuhns proposed adding Subsection C to Section 1506020 to say "For the
purposes of this section, developer shall not include any non-profit organization that
is exempt from taxes by Chapter 4 commencing with Section 23701 of Part 11 of
Division 2 of the Revenue and Taxation Code or Subchapter F commencing with
Section 501 of Chapter 1 of subtitle A of Internal Revenue Code of 1986 or the
successor to either of these laws." She stated this language basically exempts non-
profit organizations from the fee.
Birdsall returned to the meeting at 9:56 PM.
Councilmember Stone expressed his support for Ms. Kuhns' intent, but wants to
make certain it only applies to churches and non-profit community service
organizations. Mr. Thorson stated a broad category of community service
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organizations is necessary and exemption of non-profit or non-profit-providing-
community service organizations would be up to the Council. He said this change
exempts non-profit organizations from the development fee ordinance, not from an
organizational review.
It was moved by Councilmember Stone, and seconded by Mayor Pro Tem Roberts, to
extend the meeting to 11:00 PM. The motion was passed unanimously.
Peter Sterling, 2398 San Diego Avenue, San Diego, spoke in opposition to the
proposal and requested the fees be spread across the board, with very few
exceptions. Mr. Sterling stated it is important to encourage speculative building
because prospective tenants become interested when they see an actual building.
He believes the $4.20/square foot fee is unfair and exorbitant, and credit should be
given for regional improvement costs.
Jeff Minkler, 30410 Del Rey Road, representing the Murrieta/Temecula Groups,
stated his opposition is because a developer may pass over the community if he feels
the fees are exorbitant. He suggested federal grants or an overall tax to fix the
traffic. He urged the Council to keep the fees low, and to consider a payment plan
over a five (5) year period similar to one instituted by the Water District.
Marty Smith, 41975 Winchester Drive, representing Westside Business Center,
stated his opposition to the proposed fees. He suggested a marketing program or
time period between adoption and implementation, to waive or substantially discount
the fee for the first million feet of speculative building.
Daniel Walker, 4940 Heliz Hills, representing Bailey Building Corporation, spoke in
opposition to the proposal because the lease rates in Temecula barely support the
amount of needed investment.
Fred Grimes, 27311 Jefferson Avenue, #193, representing CDM/Westmar
Commercial Real Estate, asked for a reconsideration of the $4.20 fee and suggested
a $2.00 cap across the board, with one exception, restaurants, who are big traffic
generators.
Dave DuFour, 465 Liro Street, Solana Beach, representing Four-Sher Development
Co., spoke in opposition to DIF as it will deter speculative building. He explained the
City of Carlsbad's two-fold DIF structure.
Allen Nunez, real estate broker and industrial specialist, stated Temecula has a low
vacancy factor, yet does not have adequate inventory for companies to expand. He
said fees should be as minimal as possible and supported deferment of the first
million square footage.
Councilmember Lindemans suggested a graduated fee which would get to 90% over
a given period of time.
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City Council Minutes Aoril 8 . 1997
It was moved by Councilmember Stone, and seconded by Mayor Pro Tem Roberts, to extend
the meeting until 12:00 PM. The motion was passed with Councilmember Lindemans voting
no.
It was moved by Councilmember Stone, and seconded by Councilmember Lindemans, to
continue Item 18 to the April 22, 1997 meeting.
AYES:
5 COUNCILMEMBERS:
Ford, Lindemans, Roberts, Stone, Birdsall
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS:
None
Stephen Bieri, 417 Carmel Street, #200, San Marcos, spoke in opposition to the
proposal and agreed credit should be given for assessment district costs and
improvement of sphere of influence facilities.
Mark McGuire, 19900 MacArthur Blvd, Irvine, representing Newland Associates,
agreed with the fee credit concept and suggested the same mechanism should apply
to any facility that benefits the region. Mr. McGuire disagreed with the proposed
50% credit cap for park sites and improvements because a large, self-contained
community developer should get full credit for those facilities. He asked for
clarification on previously obtained credits or reimbursements. Mr. McGuire
suggested if development agreements are done, some of their sales tax be earmarked
for special funds to build needed improvements without sufficient funding. He
suggested taking the sphere out because it is the farthest out in the development
horizon and including improvements is speculative.
Mr. Thornhill clarified the development agreement being referred to should be called
"Development Fee Reduction Agreement".
Mayor Birdsall closed the public hearing at 11:23 PM.
Mayor Birdsall called for a recess at 11:24 PM and the meeting was reconvened at 11:34
PM.
Mayor Birdsall called for Item 17 to be heard prior to conclusion of the Public Hearing.
COUNCIl BUSINESS
17. Disposition of Surplus Computer Inventory
City Clerk June Greek presented the staff report.
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City Council Minutes APril 8. 1997
It was moved by Councilmember Stone, and seconded by Councilmember Ford, to
contact the Temecula Friends of the Library and public schools to determine their
interest in receiving donations of the surplus computer equipment on an "as is"
condition. All equipment not donated is to be declared unusable and disposed of as
scrap.
The motion carried as follows:
AYES: 5
COUNCILMEMBERS:
Ford, Lindemans, Roberts, Stone,
Birdsall
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS:
None
Mayor Birdsall continued with Public Hearing Item No. 16.
Councilmember Lindemans expressed his concerns as: the inequity of a furniture
store paying four times more in fees than a restaurant; consideration of getting the
fee at 100% over a period of years; $4.20 for retail is too high because they have
additional fees from the building fees; and inclusion of the sphere of influence
(roads).
Mayor Pro Tem Roberts stated he felt further study was needed on the sphere of
influence and the sliding scale issues.
Councilmember Stone emphasized the need for adequate infrastructure for positive
growth. He asked staff to research the long-term ramification of a graduated scale
and express concern about the $4.20 commercial fee.
Councilmember Ford expressed interest in discussing the following: citywide vs a
subzone; a graduated fee; the sphere trip calculation and how they relate to sphere
dollars and inequities when looking at homes vs jobs contribution.
Mayor Birdsall voiced her objection to dividing the city into subzones.
Mayor Birdsall reopened the public hearing at 11:59 PM
It was moved by Councilmember Lindemans, and seconded by Mayor Pro Tem Roberts, to
continue the matter to a workshop meeting to be held May 6, 1997, 7:00 PM, City Hall.
CITY MANAGER'S REPORT
None given.
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City Council Minutes A~ril 8. 1997
CITY ATTORNEY'S REPORT
None given.
ADJOURNMENT
It was moved by Councilmember Lindemans, seconded by Councilmember Stone
to adjourn at 12:02 AM to a meeting on April 22, 1997, 7:00 PM, Temecula City Hall,
43200 Business Park Drive, Temecula, California. The motion was unanimously carried.
ATTEST:
Clerk
Patricia H. Birdsall, Mayor
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