HomeMy WebLinkAbout041195 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
HELD APRIL 11, 1995
A regular meeting of the Temecula City Council was called to order at 7:02 PM at the
Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor
Jeffrey E. Stone presiding.
PRESENT 5 COUNCILMEMBERS: Lindemans, Mu~oz, Parks,
Stone, Roberts
ABSENT: 0 COUNCILMEMBERS: None
Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City
Clerk June S. Greek.
PLEDGE OF ALLEGIANCE
The audience was led in the pledge of allegiance by Mayor Pro Tern Lindemarts.
PRESENTATIONS/PROCLAMATIONS
Mayor Stone proclaimed April 22, 1995 to be "Health Fair Expo '95 Day. Dan Dredla and
Tomi Arborgast received the proclamation.
Larry Hurst, representing the California Society of Municipal Financial Officers, presented two
awards to Mayor Stone as follows: Award of Outstanding Financial Reporting for 1993-94-
Comprehensive Annual Financial Report (CAFR) and a Budget Award.
Mayor Stone presented Special Achievement Awards to members of Cub Scout Pack 337 for
earning their Arrow of Light awards; James Tonkins, Erik Kalan, Darrel Knight, Daniel Murphy,
Dana Secor, Aaron Falls, Miles Ortiz, Christopher Carey, Dale Fletcher and Matt Salmi.
Mayor Stone proclaimed April 23, 1995 to be "Santa Margarita River and Creeks Celebration
Day." Lee Backstrand of U.R.G.E. and Norma LaMadrid of the Nature Conservancy received
the proclamation.
Mayor Stone proclaimed April 23, 1995 to be "Serena's Song Week in Temecula." Michelle
Harris, General Manager of the Balloon and Wine Festival, Randy Fleming, Chairman, Melody
Brunsting, Public Relations Director and Steve Art of Sharp Healthcare who are the official
sponsors of Serena's Song received the proclamation.
PUBLIC COMMENTS
Kay Cassaro, 31616 Paseo Goleta, requested that the Overland Overpass received top priority
on the City's Capital Improvement Projects.
City Clerk Greek read a letter into the record from Mr. Carl Hanover.
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City Council Minutes April 11, 1995
CITY COUNCIL REPORTS
Councilmember Parks addressed Ms. Cassaro's comments regarding the Overland Bridge
stating it has been a priority of the Council for the last five years and $2,000,000 have been
expended on design and land acquisition.
Councilmember Roberts reported that the Western Bypass has been designed to divert traffic
from Winchester and Rancho California Road. He explained this is one part of the overall plan
to move traffic smoothly.
Mayor Stone explained the Overland Overcrossing is a $14 million dollar expenditure which
is linked to development in Temecula. He also stated the City is working with the State to
obtain funding. He also stated the neighboring Indian Reservation is building a casino and
concerns have been expressed by neighbors that since a management company is not being
used, they may be exempt from the BIA approval process and the National Environmental
Protection Act. City Attorney Thorson reported the tribe will need to go through the NEPA
process. Mayor Stone asked if any dialog has been started?
City Manager Bradley reported that he has been assured that when this project is brought
forward, the City will have the opportunity to discuss their concerns.
Councilmember Roberts reported that as the liaison with Pechanga Tribe, he understands the
casino will be very small and a news conference will be held shortly. After that point, he
reported the Pechanga Tribal Council has indicated it will be happy to work with the City.
CONSENT CALENDAR
Councilmember Roberts requested the removal of Item No. 9 from the Consent Calendar.
Mayor Stone corrected the minutes of March 14, 1995,stating the recommendation regarding
maintenance of unpaved streets was made by Councilmember Mu~oz.
It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindemans to approve
Consent Calendar Items 1-8 and 10 and 11 with a correction on Item 2.2.
The motion was carried by the following vote:
AYES:
5 COUNCILMEMBERS:
Lindemans, Mu~oz, Parks, Roberts, Stone
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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Citv Council Minutes April 11, 1995
Standard Ordinance Adoption Procedure
1.1
Motion to waive the reading of the text of all ordinances and resolutions
included in the agenda.
Minutes
2.1
2.2
2.3
Approve the minutes of February 28, 1995.
Approve the minutes of March 14, 1995, as corrected.
Approve the minutes of March 21, 1995.
Resolution Approving List of Demands
3.1
Adopt a resolution entitled:
RESOLUTION NO. 95-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
Citv Treasurer's Report
4.1 Receive and file the City Treasurer's Report as of February 28, 1995.
Award Bid to Construct a Protected Left-Turn Lane on Ynez Road at Tierra Vista Road
RECOMMENDATION:
5.1 Award a bid to construct a protected left-turn lane on Ynez Road at Tierra Vista
Road to Del Rio Contractors, the lowest responsible bidder, for the sum of
$12,170.00.
Release Traffic Signal Mitigation Bond in Tract No. 26861-F
6.1 Authorize the release of Traffic Signal Mitigation Bond in Tract No. 26861-F,
and Direct the City Clerk to so notify the Developer and Surety.
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City Council Minutes April 11, 1995
o
o
Acceptance of Public Streets into CitY-Maintained Street SYstem (Within Parcel Maps
No. 23561-1,23561-2, and 23624)
7.1
Adopt a resolution entitled:
RESOLUTION NO. 95-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY
MAINTAINED-STREET SYSTEM (WITHIN PARCEL MAPS NO. 23561-1,23561 -
2 AND 23624)
All-Way "Stop" - Pala Road at Loma Linda Road
8.1 Adopt a resolution entitled:
RESOLUTION NO. 95-35
A RESOLUTION OF THE CITY COUNCIL
ESTABLISHING "STOP SIGNS"
OF THE CITY OF TEMECULA
10.
Reduction in Improvement Bonds Amounts in Parcel Map No. 21383
10.1 Accept the street, drainage, water and sewer improvements in Parcel Map No.
21383;
10.2 Authorize the release of Faithful Performance and Labor and Material Bonds for
Street, Drainage, Water, and Sewer improvements, and the Subdivision
Monument Bond;
10.3 Direct the City Clerk to so advise the Developer and Surety.
SECOND READING OF ORDINANCES
11. Second Reading of Ordinance No. 95-07
11.1
Adopt an ordinance entitled:
ORDINANCE NO. 95-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING CHAPTER 2.04 OF THE TEMECULA MUNICIPAL CODE RELATING
TO THE TIME AND PLACE OF CITY COUNCIL MEETINGS
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City Council Minute9 April 11, 1995
9 Solicitation of Construction Bids for the Parkview Site Rough Gradinq and
Improvements, Proiect No. PW93-09
Councilmember Roberts stated he has had communication with the Lutheran Church,
and understood grading plans have been revised a number of times. He asked that the
MOU between City and church be followed and requested that this project move
forward at a faster pace.
Councilmember Parks announced he has a conflict of interest on this item and will
abstain from the vote.
It was moved by Councilmember Roberts, seconded by Mayor Pro Tem Lindemans to
approve staff recommendation as follows:
9.1 Approve the Project construction plans and specifications;
9.2
Authorize the Department of Public Works to solicit public construction bids for
the rough grading improvements for a portion of the Parkview Site, Project No.
PW93-09.
AYES:
NOES:
ABSENT:
ABSTAIN:
4 COUNCILMEMBERS: Lindemarts, Mu~oz, Roberts, Stone
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
1 COUNCILMEMBERS: Parks
COUNCIL BUSINESS
9. School Miti(~ation Resolution
Councilmembers Mu~oz and Parks announced a conflict of interest and stepped down
from the dias.
Planning Director Gary Thornhill introduced Associate Planner David Hogan who
presented the staff report.
Kenneth Ray, 31647 Pio Pico Road, spoke in favor of the resolution.
Rod Hanway, 3600 Lime Street, No. 221, Riverside, representing the Building Industry
Association of Riverside County, spoke in opposition to the Resolution. He stated if the
City feels fees need to be increased, it should consider using the San Jose Ordinance
as a model. He recommended the following changes:
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Citv Council Minutes April 11, 1995
P. 11, Item 3A.6 - eliminate the phrase total mitigation.
P. 12, Item 4 - process for City Council approval. As read there is no legally defensible
reason for denying. Add grounds to make a finding to reject the mitigation plan.
P. 13, - mitigation agreement not be required to be implemented at the time the
application is submitted, but toward end of project.
· A process for resolution of impasse be added.
· Add a refund provision.
· Require annual review of plan, updated to reflect legislative changes, building
trends and costs of construction.
· Provide for an amendment process in case State makes changes.
Councilmember Roberts asked why these concerns were not addressed earlier.
Mr. Hanway stated he sent a three page letter to the Superintendent of Schools and
the City Councilmembers, proposing a wide range of options. He said as of this date
he has not received a response to his letter.
Dennis Chiniaeff, 27555 Ynez Road, No. 202, spoke in opposition of the resolution
and suggested if the resolution is adopted, that the City Council give direction to the
School District on what kind of percentage the City Council is willing to accept.
Dr. Pat Novotney, School Superintendent, 37433 Avertida Japala, spoke in support of
the resolution, listing quality schools as the goal of the District.
Councilmember Roberts stated he has a problem with Section 5(C2), page 15 and
would like it stricken. He stated he does not believe new development should be
burdened with 100% mitigation. However, he added he feels the resolution needs to
be adopted so that discussions may proceed.
Mayor Stone stated he agrees that Section 5C2 should be stricken with the following
language added: "shall be the full and complete responsibility of the District. To that
end the District shall indemnify, protect, defend and hold harmless the City against any
loss, cost, expense, claim, damage, settlement or judgement resulting from a lawsuit
or any part thereof pertaining to the contents of this resolution."
Mayor Pro Tern Lindemans asked that a sentence be added that mitigation will not be
100%.
Mayor Stone stated he would give his personal commitment that he would not
support 100% mitigation.
City Attorney Thorson stated Mr. Alhadeff suggested language on page 3 of his
redlined version, No. 3, that, would indicate the plan would not adequately address
impacts if it imposes 100% of the costs of meeting such impacts on new residential
developments. Mr. Thorson recommended this be addressed during development of
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City Council Minutes April 11. 1995
the mitigation plan, when Council has a factual basis to determine what the
percentages should be. He indicated this would be a more defensible decision.
It was moved by Councilmember Roberts, seconded by Mayor Stone to approve staff
recommendation as amended in Section 5C on Page 14 and with the elimination of
Section 5-C2 on Page 15 of the resolution.
12.1
Adopt a resolution entitled:
RESOLUTION NO. 95-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THE SCHOOL FACILITY IMPACT MITIGATION PROGRAM
The motion was carried by the following vote:
AYES: 3 COUNCILMEMBERS: Lindemans, Roberts, Stone
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 2 COUNCILMEMBERS: Mu~oz, Parks
RECESS
Mayor Stone called a recess at 8:34 PM. The meeting was reconvened following the
previously scheduled Community Services District and Redevelopment Agency Meeting at
9:11 PM.
10.
Proposal for Installation of Flashina Warninq Li(~hts in the Vicinity of Temecula Schools
(Requested by Mayor Stone - Continued from the meeting of 3/28/95)
Public Works Director Joe Kicak presented the staff report.
Councilmember Mu~oz asked that discussions with the Temecula Valley Unified School
District regarding cost sharing on the project be explored,
Public Works Director Kicak stated he believes there is a willingness to consider this
on the part of the School District and he will pursue it.
Councilmember Roberts questioned the location of two signals at Sparkman Elementary
School. He suggested that two signals on Pio Pico Road are not as critical as placing
them on La Serena Road for the Rancho Elementary School.
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Citv Council Minutes April 11, 1995
RECESS
Mayor Stone called a recess at 9:20 PM to change the tape. The meeting was reconvened
at 9:21 PM.
Councilmember Parks asked if this item has been reviewed by the Public/Traffic Safety
Commission. Public Works Director Kicak stated Council directed this item be placed
directly on the Council agenda.
Mayor Stone stated he does not have a problem with the Commission reviewing this
item, however he is worried about the safety of school children.
It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Parks to
continue this item for 30 days to allow the Public/Traffic Safety Commission to review
this proposal as well as to allow staff to pursue shared funding with the School
District. The motion was unanimously carried.
Hearing no objections from the Council, Mayor Stone reordered the agenda to hear Item No.
17.
1 7. Traffic Control Winchester Road at Jefferson Avenue and I-1 5 On/Off Ramps
Public Works Director Joe Kicak presented the staff report.
Councilmember Roberts questioned the need for two officers at Winchester &
Jefferson.
Councilmember Mu~oz questioned the feasibility of the program based on saturated
capacity of the intersection.
Public Works Director Joe Kicak suggested using police officers to test the program.
Patricia H. Birdsall, 41540Avenida Barca, made the following suggestions: One, better
enforcement of traffic signals so that cars do not block the intersection; and two, using
cones to allow for two lanes in the direction the traffic is most congested, depending
upon the time of day. She stated that this method has been very successful in Hawaii.
She expressed concerns regarding the safety of traffic directors, especially during the
winter months when lighting is an issue.
It was moved by Councilmember Parks, seconded by Councilmember Roberts to
approve staff recommendation with direction to the City Attorney to place a clause in
the agreement that allows the contract to be terminated, if after a trial period it is
shown to be unsuccessful. Further direction was given to refer this program to the
Public/Traffic Safety Commission for periodic review and monitoring.
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City Council Minutes April 11, 1995
14.
17.1
Authorize the City Manager to enter into an agreement to provide Traffic
Control Officers at Winchester road at the intersections of Jefferson and I-15
easterly and westerly one/off ramps, subject to review and approval by the City
Attorney.
17.2
Transfer $11,880from General Fund Unreserved Fund Balance and appropriate
it in Public Works Traffic Division Account No. 100-164-602-5250 "Other
Outside Services."
The motion was unanimously carried.
Public Works Director Joe Kicak stated the execution of this contract will depend on
the ability of the Company to provide the required insurance.
Councilmember Parks stated he would like the City to assist the contractor in obtaining
insurance if possible.
Overland Drive Overcrossin(~ - Status Report
(Continued from the meeting of 3/28/95)
Councilmember Mu~oz stepped down due to a conflict of interest.
Public Works Director Joe Kicak presented the staff report.
It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Roberts to
receive and file the report.
The motion carried by the following vote:
AYES: 4 COUNCILMEMBERS: Lindemans, Parks, Roberts, Stone
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 1 COUNCILMEMBERS: Mu~oz
Staff was further directed to follow up with Edison on how quickly utilities can be
relocated so that construction can proceed with the Overland bridge.
It was moved by Councilmember Roberts, seconded by Councilmember Parks to extend the
meeting until 10:1 5 PM. The motion was unanimously carried.
Mayor Stone announced that consideration of a funding request from Riverside County Child
Care Consortium would not be heard at this meeting, however the request by Operation
School Bell would be discussed.
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City Council Minutes April 11, 1995
11.
Street Maintenance and/or Construction of Unpaved Streets
(Continued from the meeting of 3/28/95)
Mayor Stone excused himself due to a conflict of interest.
Public Works Director Joe Kicak presented the staff report.
Councilmember Mu~oz asked if this would in any way put the CSD funding at risk.
City Attorney Thorson stated that road maintenance is not a capital outlay, therefore
funding would not be at risk.
Councilmember Mu~oz stated this program was originally designed to respond to the
emergency needs of residents and was never intended to be a permanent solution. He
stated he feels if property owners are not willing to fund improvements, the City should
stop maintaining the roads.
Councilmember Parks suggested approaching property owners on cost of grading the
roads four times of year.
Councilmember Roberts asked if the City begins maintaining these roads and then is
unable to continue, would the City carry any kind of liability. City Attorney Thorson
stated that that if the decision were made in the dry months as a policy decision, the
City would not be responsible.
It was moved by Councilmember Parks, seconded by Councilmember Mu~oz to direct
staff to establish the benefit zones and fees for emergency maintenance to be assessed
under TCSD Service Level R.
The motion was carried by the following vote:
AYES:
COUNCILMEMBERS:
Mu~oz, Lindemans, Parks, Roberts
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 1
COUNCILMEMBERS: Stone
Director of Community Services Shawn Nelson explained there may be a timing issue
with levy of this assessment for implementation this year.
RECESS
Mayor Stone called a brief recess at 10:21 PM to change the tape.
reconvened at 10:22 PM.
The meeting was
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Citv Council Minutes April 11, 1995
16.
18.
19.
Community Services Funding Pro(~ram
(Continued from the meeting of 3/28/95)
Assistant City Manager Mary Jane McLarney presented the staff report.
It was moved by Councilmember Parks, seconded by Mayor Pro Tern Linderoans to
continue consideration of the Riverside County Child Care Consortium and approve the
$1,000 funding Grant for the Assistance League Operation School Bell. The motion
was unanimously carried.
Real Property Transfer Tax
City Manager Ronald Bradley presented the staff report.
Councilmember Mu5oz asked if there is any value to obtaining an Attorney General's
Opinion on this issue.
City Attorney Thorson stated the Attorney General's opinion still carries no guarantees.
He indicated an opinion of the legislative council can go quickly, however the Attorney
General's Opinion takes longer.
It was moved by Mayor Pro Tern Lindemarts, seconded by Councilmember Parks to
receive and file the report with direction to the City Attorney to pursue an opinion of
Legislative Counsel on this matter. The motion was unanimously carried.
Re(~uest for City Council Support of the Western Riverside Council of Governments
(WRCOG) Position on the Reauthorization of the Federal EndanQered Species Act
Planning Director Gary Thornhill presented the staff report.
Rod Hahway, 3600 Lime Street, No. 221, Riverside, representing the Building Industry
Association, spoke in favor of staff recommendation.
It was moved by Councilmember Parks, seconded by Councilmember Mu~oz to
approve staff recommendation.
19.1 Adopt a resolution entitled:
RESOLUTION NO. 95-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
SUPPORTING AMENDMENTS TO THE FEDERAL ENDANGERED SPECIES ACT
The motion was unanimously carried.
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Citv Council Minutes April 11. 1995
CITY MANAGER'S REPORT
City Manager Bradley reported that tomorrow, April 12th, traffic signals will be turned on at
Nicolas & Winchester. Additionally, signals will be activated on Thursday, April 13th, at
Margarita Road and Avenida Barca and on 79S, the right turn lane at Pala Road has been
completed and is operational.
Councilmember Mu~oz suggested a ribbon cutting for traffic signals, especially at the Nicolas
and Winchester intersection.
CITY ATTORNEY'S REPORT
None given.
ADJOURNMENT
It was moved by Councilmember Roberts, seconded by Councilmember Parks to adjourn at
10:43 PM to a Joint Council, RDA, Planning Commission Meeting on April 19, 1995, 7:00
PM, Rancho California Water District Board Room, 42135 Winchester Road, Temecula,
California. The motion was unanimously carried.
Next regular meeting: April 25, 1995, 7:00 PM, Community Recreation Center, 30875
Rancho Vista Road, Temecula, California.
, Mayor
ATTEST:
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