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Home My WebLink About092695 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD SEPTEMBER 26, 1995 A regular meeting of the Temecula City Council was called to order at 7:05 PM at the Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor Jeffrey E. Stone presiding. PRESENT 4 COUNCILMEMBERS: Birdsall, Lindemans, Roberts, Stone ABSENT: 1 COUNCILMEMBERS: Parks Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. INVOCATION The invocation was given by Pastor Ron Bolt, People's Church of the Valley. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Roberts. PRESENTATIONS/ PROCLAMATIONS A.R. Cablay of American Public Works Association presented Mayor Stone with the Chapter Project of the Year Award for the Ynez Road Widening Project. PUBLIC COMMENTS Ron Hensley, 22368 Front Street, representing HANDS, Interpreter Referral Service, addressed the City Council and audience to introduce HANDS, a referral service for deaf citizens. He explained this service is free to all employers and deaf clients. Mr. Hensley offered to sign the evening's Council meeting as a public service to the hearing impaired. Wayne Hall, 42131 Agena, addressed the City Council in support of Pechanga Ribal Council's right to place a water tower on the reservation. CITY COUNCIL REPORTS Councilmember Roberts addressed a traffic safety issue on south-bound Ynez Road, westside of Ynez Road from the southerly driveway of Rancho Ford, north to Winchester Road. He stated that parking in this area is compromising sight distance and asked this be placed as an emergency item on the Public\Traffic Safety Commission agenda of September 26, 1995. Minutes\9\26\95 -1 - 10/11/95 City Council Minutes September 26, 1995 Mayor Pro Tem Linderoans stated that Kemper has offered to donate 82 acres of land located between Rancho California Road and Winchester, (the creek bed), and asked that the City investigate this matter. Councilmember Birdsall expressed concern that overgrown vegetation in the creek bed be cleared so that flooding does not occur during the rainy season. Mayor Stone asked that methods be investigated to recover booking fees charged to the City of Temecula. He also asked the City's RTA representative, Mayor Pro Tem Linderoans, to request bus service be reinstated to the Heritage Mobile Home Park. Mayor Stone informed the City Council he has been invited to sit on the County task force for libraries. He explained that the library system has been having difficulties, due to loss of state funding. He suggested that the City pass a resolution voicing objection to the State using local tax dollars and requesting these funds be returned to the cities and counties where they are needed. Mayor Stone also reported on Operation SCAIR, a program to enforce drunk driving laws, stating the community is active in the enforcement of this problem. CONSENT CALENDAR Mayor Pro Tern Lindemarts asked regarding Item No. 5, that he be provided with a list, showing names next to the salary amounts. Councilmember Roberts requested the removal of Item No. 16 from the Consent Calendar. Mayor Stone requested the removal of Item 6 and 17 from the Consent Calendar. It was moved by Mayor Pro Tern Lindemans, seconded by Councilmember Birdsall to approve Consent Calendar Items 1-5, 8-15 and 18. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Parks 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 Approve the minutes of September 12, 1995. Minutes\9\26\95 -2- 10/11/95 City Council Minutes September 26, 1995 .. o Resolution ADDroving List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 95-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Revised Salary Schedule 4.1 Adopt the revised salary schedule. Destruction of Records Request 5.1 Approve scheduled destruction of certain records as provided under the City of Temecula approved Records Retention Policy. Solicitation of Construction Bids and Approval of Plans and Specifications for the FY95- 96 Asphalt Repairs (Project No. PW95-20) 7.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for Project No. PW95- 20, FY95-96 Asphalt (AC) repairs. Award of Construction Contract for Proiect No. PW95-18 FY95-96 Slurry Seal Project 8.1 Award a contract for Project No. PW95-18, FY95-96 Slurry Seal Project, to California Pavement Maintenance for $192,477.24and authorize the Mayor to execute the contract. 8.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $19,247.72 which is equal to 10% of the contract amount. Summary Vacation of Cerritos Way 9.1 Adopt a resolution entitled: RESOLUTION NO. 95-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, TO SUMMARILY VACATE CERRITOS WAY PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 3, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAY CODE Minutes\9\26\95 -3- 10/11/95 City Council Minutes September 26, 1995 10 11 12 13 Solicitation of Construction Bids and Approval of Plans and Specifications for the FY95- 96 Concrete Repairs (Project No. PW95-21) 10.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for Project No. PW95- 21, FY95-96 Concrete repairs. Substitute Subdivision Improvement A~reement and Public Improvement Bonds in Tract No. 24132-F 11.1 Accept the Substitute Subdivision Improvement Agreement and Faithful Performance and Labor and Material Bonds for Street, Drainage, Water and Sewer Improvements and Subdivision Monumentation Bond in Tract No. 24132- F; 11.2 Direct the City Clerk to so advise the Developer and Sureties. Substitute Subdivision Improvement Aereement and Public Improvement Bonds in Tract No. 24132-1 12.1 Accept the Substitute Subdivision Improvement Agreement, and Faithful Performance and Labor and Material Bonds for Street, Drainage, Water and Sewer Improvements, and Subdivision Monumentation Bond in Tract No. 24132-1; 12.2 Direct the City Clerk to so advise the Developer and sureties. Acknowledge Completion of Certain Improvements in Parcel Map No. 23472 13.1 Acknowledge the completion of certain improvements in Parcel Map No. 23472, authorize a recommendation for reduction in Faithful Performance Bond amounts for the improvement of a private storm drain system, accept the agreement regarding subdivision improvements; 13.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors, the developer and the surety. 14 Release Labor and Material and Monument Bonds in Tract No. 22627-F 14.1 Authorize the release of Labor and Material and Subdivision Monumentation Bonds in Tract No. 22627-F; 14.2 Direct the City Clerk to so notify the Developer and Surety. Minutes\9\26\95 -4- 10/11/95 City Council Minutes September 26, 1995 15 18 Storm Drain Easement from Rancho Mobile Home Estates - Solana Way Storm Drain Proiect PW 95-03 15.1 Accept an easement from Rancho Mobile Home Estates for the construction and maintenance of storm drain facilities located on the south side of Solana Way between Ynez Road and Acacia Park Resort apartments. Out of State Travel Plans 18.1 Authorize certain out-of-state travel plans. 16. 17. Contract for City Attorney Services City Attorney Thorson announced a conflict of interest of this item. Mayor Stone stated he feels 35 hours a month is not sufficient and suggested changing the retainer hours to 50 hours per month and the retainer hourly rate of $90. per hour. He also requested that Burke, Williams and Sorensen utilize pare-legals for routine business when possible. It was moved by Mayor Pro Tem Lindemens, seconded by Councilmember Birdsall to approve staff recommendation subject to an amendment to the contract changing the retainer hours to 50 hours per month and the retainer hourly rate to $90.00 per hour. The motion was unanimously carried with Councilmember Parks absent. Contract Chanc~e Order No. 3 for the Parkview Site RouQh Grading Improvements, Project PW93-09 Councilmember Roberts asked for an explanation of this item. Public Works Director Joe Kicak stated the preliminary soils report did not indicate the extent of the alluvial material on the site and a decision was made to stop the project to complete more soils works. Mr. Kicak explained that this project should be able to progress without further change orders. Mayor Stone asked that Item No. 17 be considered concurrently. Contract Amendment No. 1 to the Professional Services contract for Geotechnical Observation and TestinQ Services - Parkview Site Gradinc~ and Improvements, Project No. PW93-09 Mayor Stone asked if further work will be necessary. Public Works Director Kicak stated that this Amendment is for an agreed amount and no additional funds will be necessary. Minutes\9\26\95 -5- 10/11/95 City Council Minutes Sel~tember 26, 1995 It was moved by Mayor Pro Tem Lindemans seconded by Councilmember Roberts to approve staff recommendation on Items 16 and 17 as follows: 16.1 Approve Contract Change Order No. 3 for the Parkview Site Rough Grading Improvements, Project PW93-09 for Additional Overexcavation Material in the amount of $12,000. 16.2 Approve an operating transfer from the General Fund and an appropriation to the Capital Projects Fund of $12,000.00. 17.1 Approve Contract Amendment No. I to provide additional geotechnical observation and testing services for the Parkview Site Grading Project by Soil Tech, Inc. in the amount of $5,244.00. 17.2 Approve an operating transfer from the General Fund and an appropriation to the Capital Projects Fund of $5,244.00. The motion was unanimously carried with Councilmember Parks absent. RECESS Mayor Stone called a recess at 7:42 PM. The meeting was reconvened following the previously scheduled Temecula Community Services District Meeting, Temecula Redevelopment Agency Meeting and the Old Town Westside Community Facilities District Financing Authority Meeting at 8:17 PM. PUBLIC HEARINGS 19. Planning Application No. PA95-0066 (Variance) - Appeal Community Development Director Gary Thornhill presented the staff report. City Attorney Peter Thorson stated that a simple license agreement has to be prepared and the terms have been explained to the applicant. He stated that cities typically do not allow signage in the public right-of-way, Lou Kashmere, applicant, stated he is satisfied with the agreement. Mayor Stone closed the public hearing at 8:24 PM. Minutes\9\26\95 -6- 10/11/95 City Council Minutes September 26, 1995 20. Community Development Director Thornhill suggested that Mr. Kashmere withdraw his application for a variance. Mr. Kashmere asked if the fee for the variance would be refunded. Community Development Director Thornhill stated that the fees would be credit toward the required lot line adjustment. Mr. Kashmere stated he was unaware a lot line adjustment would be necessary. Mayor Stone reopened the public hearing at 8:30 PM. It was moved by Mayor Pro Tern Lindemarts, seconded by Councilmember Birdsall to continue the public hearing to the meeting of October 10, 1995. The motion was unanimously carried with Councilmember Parks absent. ReQuest to DesiQnate Certain Private Property as "No SkateboardinQ, Rollerblading or Similar Activity Area" Community Development Director Gary Thornhill presented the staff report. Mayor Stone opened the public hearing at 8:31 PM. Jerry Regier, 41792 Borealis Drive, addressed the City Council regarding the need for a facility for in-line skaters. Mayor Stone asked Community Services Director Shawn Nelson to give an update on the Skateboard Park being constructed by the City of Temecula. Mr. Nelson reported that according to a letter from Kevin Thrasher, an expert in the field of skating, this facility will be able to be used by both skateboarders and in-line skaters and is a good balance between challenge and safety. Councilmember Roberts expressed concern that skaters using in-line skating for transportation to the shopping centers not be cited for violations. Community Development Director Thornhill stated the intent of the ordinance is to have a method of enforcement for those skaters behaving in an unsafe manner or in a manner that will cause injury to others. Mayor Stone closed the public hearing at 8:52 PM. Minutes\9\26\95 -7- 10/11/95 City Council Minutes September 26. 1995 It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Roberts to approve staff recommendation as follows: 20.1 Adopt a resolution entitled: RESOLUTION NO. 95-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING PRIVATE PROPERTY AT 41915 AND 41912 MOTOR CAR PARKWAY; 27468, 274786, 27480, 27520, 27540, 27548, 27560, 27636, AND 27644 YNEZ ROAD; AND 29588 AND 29700 RANCHO CALIFORNIA ROAD AS A "NO SKATEBOARDING, ROLLERBLADING OR SIMILAR ACTIVITY AREA" PURSUANT TO CHAPTER 10.36 OF THE TEMECULA MUNICIPAL CODE The motion was unanimously carried with Councilmember Parks absent. COUNCIL BUSINESS 21. Professional Services Contract for Animal Control Human Resources Administrator Grant Yates presented the staff report. Mayor Stone asked how many hours an officer will be in Temecula. Mike Skinner, representing LEAF, reported a dedicated officer and vehicle will be in Temecula six hours a day and emergency service will be available 24 hours a day, through dialing 911. It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Roberts to approve staff recommendation as follows: 21.1 Terminate the current Animal Control contract with the County of Riverside. 21.2 Approve the attached professional services contract for Animal Control Services with LEAF (Lake Elsinore Animal Friends). 22. Authorization to Reprogram CDBG Funds Mayor Stone announced a conflict of interest due to property ownership in Old Town, and turned the meeting over to Mayor Pro Tern Lindemans. Senior Management Analyst Allie Kuhns presented the staff report. Councilmember Birdsall asked if the City has an account for the Pujol Street Improvements, and explained that $1,800has never been re-paid paid to the Temecula Town Association for funds they advanced to the sidewalk and widening project. City Attorney Thorson suggested approving the item, and investigating this issue. Minutes\9\26\95 -8- 10/11/95 City Council Minutes September 26, 1995 It was moved by Councilmember Birdsall, seconded by Councilmember Roberts to approve staff recommendation as follows: 22.1 Authorize the reprogramming of $67,188 in Community Development Block Grant Funds allocated to Pujol Street Improvements to the Sam Hicks Monument Park. The motion was carried as follows: AYES: 3 COUNCILMEMBERS: Birdsall, Lindemans, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Parks ABSTAIN: 1 COUNCILMEMBERS: Stone 23. City Council Meeting Schedule - October and December 1995 City Clerk June Greek presented the staff report. It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Roberts to reschedule the second meeting in October to October 17, 1995 and the second meeting in December to December 19, 1995, and to perform all the appropriate posting and noticing requirements of the Government Code. The motion was unanimously carried with Councilmember Parks absent. The motion was unanimously carried. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT None given. Minutes\9\26\95 -9- 10/11/95 City Council Minutes September 26, 1995 ADJOURNMENT It was moved by Councilmember Roberts, seconded by Mayor Pro Tern Linderoans to adjourn at 9:15 PM to a meeting on October 10, 1995, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried with Councilmember Parks absent. ATTEST: · Greek, CMC, City Clerk Minutes\9\26\95 -10- 10/11/95