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HomeMy WebLinkAbout111495 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD NOVEMBER 14, 1995 A regular meeting of the Temecula City Council was called to order at 7:04 PM at the Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor Pro Tem Karel Linderoans presiding. PRESENT: 4 COUNCILMEMBERS: Birdsall, Lindemans, Parks, Roberts ABSENT: 1 COUNCILMEMBERS: Stone Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. EXECUTIVE SESSION A meeting of the City of Temec'Jla City Council was called to order at 5:38 PM. It was moved by Councilmember Parks, seconded by Councilmember Roberts to adjourn to Executive Session pursuant to Government Code Sections: 1. §5~956.8, CONFERENCE WITH REAL ?ROPERTY NEGOTIATOR, ?roperty: 27500 Jefferson Avenue. Negotiating parties: Temecula Redevelopment Agency, Jan Weilert RV and Donna L. Reeves Trust, Under negotiation: lease terms - term and payment. 2. §54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Property: Assessor's Parcel No. 921-740-001 ,Murrieta Creek south of Winchester Road; Assessor's Parcel 921-280-013, Murrietta Creek south of Rancho California Road. Negotiating parties: City of Temecula, KRDC and Riverside County Flood Control District; Under negotiation: terms and payment. 3. §54956.9,CONFERENCE WITH LEGAL COUNSEL, E:;ISTING LITIGATION, Indian Child Welfare, et al v. City of Temecula; Copeland v. City of Temecula et. al. 4. §54956.9(b), CONFERENCE WITH LEGAL COUNSEL, ANTICIPATED LITIGATION, significant exposure to litigation pursuant to Government Code Section 54956.9(b), two cases. The motion was unanimously carried with Mayor Stone absent. r:\minutes\l 11495 -1- INVOCATION The invocation was given by Pastor Robert Cash, Shepherd's Footsteps International Ministry. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Roberts. PRESENTATIONS/ PROCLAMATIONS Assemblyman Bruce Thompson addressed the City Council and offered his support in assisting the City with local issues. Mayor Pro Tern Lindemans invited Assemblyman Thompson to join the Council on the dias to hear Item No. 8 regarding Library Funding. PUBLIC COMMENTS Larry Rinehart, representing South Coast Air Quality Management District, gave a brief update on the District and distributed information packets to the Council. Kay Cassaro, 31 61 6 Paseo Goleta, addressed the City Council requesting the Overland Overpass be expedited and not put off in favor of Rancho California Overpass improvements. CITY COUNCIL REPORTS None given. CONSENT CALENDAR Mayor Pro Tern Lindemans removed Item 8 from the consent calendar and hearing no objections, reordered the agenda to take Item 8 out of order. 8. Resolution Statin(~ the City of Temecula's Commitment to Library Fundino Senior Management Analyst Allie Kuhns presented the staff report. Assemblyman Thompson stated he would like to look at cuts to other services and see how the library relates. Councilmember Birdsall stated that without the financial assistance of the City of Temecula, the City of Murrieta and the County of Riverside, the hours at the Temecula Library would have been seriously reduced. She also advised that these funding supplements provide only for a short-term solution. Assemblyman Thompson informed the Council that no money will be allocated by the State until July 1st. r:\minutes\l 11495 -2- It was moved by Councilmember Parks, seconded by Councilmember Roberts to approve staff recommendation as follows: 8.1 Adopt a resolution entitled: RESOLUTION NO. 95-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA STATING THE COMMITMENT OF THE CITY OF TEMECULA TO RECOVER STATE LIBRARY FUNDING WHICH HAS BEEN WITHDRAWN The motion was unanimously carried with Mayor Stone absent. Mayor Pro Tern Lindemans thanked Assemblyman Bruce Thompson for his visit and concern for local issues. CONSENT CALENDAR City Clerk June Greek announced staff has requested that Item 28 be continued to the meeting of November 28, 1995. Councilmember Parks asked if FY94-96 should be corrected to FY 95-96 on Items 14 and 15. Staff will make any necesary corrections. Councilmember Parks registered an abstention on Item 2.3 and Item 11. Councilmember Roberts requested the removal of Item No. 21 from the Consent Calendar. It was moved by Councilmember Birdsall, seconded by Councilmember Parks to approve Consent Calendar Items 1-7, 9-20 and 22-27, with Councilmember Parks abstaining on Items 2.3 and 11 and Item No. 28 will be continued to the meeting of November 28, 1995. The motion was carried as follows: AYES: 4 COUNCILMEMBERS: NOES: 1 COUNCILMEMBERS: ABSENT: I COUNCILMEMBERS: Standard Ordinance Adoorion Procedure 1.1 Birdsall, Lindemans, Parks, Roberts None Stone Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. r:\minutes\l 11495 -3- Minutes 2.1 Approve the minutes of October 10, 1995. 2.2 Approve the minutes of October 12, 1995. 2.3 Approve the minutes of October 17, 1995. Councilmember Parks abstained on 2.2. Resolution ADprovinQ List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 95-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Destruction of Records ReQuest 4.1 Approve scheduled destruction of certain records as provided under the City of Temecula approved Records Retention Policy. Out-of-State Travel 5.1 Authorize certain out-of-state travel plans. Liability Insurance Renewal 6.1 Approve the City of Temecula Liability Insurance Policy Renewal with Insurance Company of the West for the period of December 1, 1995 through December 1, 1996. DeleQation of Authority in Processing and Settling Claims AQainst City of Temecula 7.1 Adopt a resolution entitled: RESOLUTION NO. 95-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DELEGATING TO THE CITY MANAGER AND THE CITY CLERK CERTAIN POWERS AND AUTHORITY IN CONNECTION WITH CLAIMS FILED AGAINST THE CITY r:\minutes\l 11495 -4- 10. 11. Acceptance of Public Streets in the City-Maintained Street System (Within Tracts No. 20703-3, and 22962) (Southeasterly of Winchester Road. Southerly of Nicolas Road) 9.1 Adopt a resolution entitled: RESOLUTION NO. 95-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM (WITHIN TRACTS NO. 20703-3 AND 22962) Accept Public Improvements in Tract No. 20703-3 10.1 10.2 10.3 Accept the Public Improvements in Tract No. 20703-3; Authorize the reduction in Faithful Performance Street, Drainage, and Water and Sewer Bond amounts and the release of the Subdivision Monumentation Bond; Accept the Faithful Performance Warranty Bond Riders, and Direct the City Clerk to so advise the Clerk of the Board of Supervisors, the developer and surety. Release GradinQ Bond for Import to School Site (Southeast of Winchester at Margarita Road Intersection) I 1.1 Authorize release of Grading Bond for Import of Soils to Chapparal High School Site; 11.2 Direct the City Clerk to so advise the Permittee and Surety. The motion carried as follows: AYES: 3 COUNCILMEMBERS: Birdsall, Lindemans, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Stone ABSTAIN: I COUNCILMEMBERS: Parks r:\minutes\l 11495 -5- 12. 13. 14. 15. Release Public Improvement Warranty, Labor and Material, and Monument Bonds in Tract No. 21674-3 (Southwest of intersection of Rancho California Road at Meadows Parkway) 12.1 Authorize the release of Faithful Performance Warranty and Labor and Material bonds for Street, Sewer and Water Improvements, and Subdivision Monumentation in Tract No. 21674-3; 12.2 Direct the City Clerk to so advise the Surety and Developer. Release Gradin(~ Bond for Tract No. 21067 (Northerly of Intersection of Pala Road at Loma Linda Road) 13.1 Authorize release of Grading Bond for Tract No. 21067; 13.2 Direct the City Clerk to so advise the Developer and Surety. Solicitation of Construction Bids for FY94-95 Annual Pavement Management Project, PW95-06 14.1 Approve the plans and specifications and authorize the Department of Public Works to solicit public construction bids for FY94-95 Annual Pavement Management Project No. PW95-06. Professional Services Agreement with Enc~ineering Ventures, Inc. for Rancho California Road and Santa Cecilia Drive Sidewalk Improvement Project No. 5 15.1 Award a contract for the design of Rancho California Road and Santa Cecilia Drive sidewalk improvement project to Engineering Ventures, Inc., for $10,950.00 and authorize the Mayor to execute the contract. 15.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $1,095.00 which is equal to 10% of the contract amount. 15.3 Authorize a transfer of $9,636.00 of Development Impact Fees (Public Facilities) to the Capital Projects Fund. 15.4 Appropriate $49,079in the Capital Projects Fund to Account No. 210-165- 661-5804for the total costs to complete this project. 16. Walcott Corridor Reimbursement A(~reements with R.C.W.D. for Work Performed During the Construction, Project PW94-10 16.1 Approve reimbursement agreement with the Rancho California Water District for the cost of relocation of certain water improvements made necessary by the Walcott Corridor, Project PW94-10. r:\minutes\l 11495 -6- 17. 18. Professional Geotechnical Services Contract with Law/Crandall, Inc. for Walcott Corridor, Project PW94-10 17.1 Award a contract for Professional Geotechnical Services for the Walcott Corridor, Project PW94-10 to Law/Crandall, Inc. for $34,565.00 and authorize the Mayor to execute the contract. 17.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $3,456.50 which is equal to 10% of the contract amount. Award of Contract for Right-Of-Way Weed Control Pre-Emergent and Post-Emergent Applications, Proiect No. PW95-24 18.1 Award a contract for Right-Of-Way Weed Control Pre-Emergent and Post- Emergent Applications, Project No. PW95-24 to Pestmasters Services of Temecula in the amount of $25,755.47 and authorize the Mayor to execute the contract. 18.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $2,575.55 which is equal to 10% of the contract amount. 19. Award 19.1 19.2 19.3 of Contract for City Wide Right-Of-Way Tree Trimming Program Reverse the decision to award Citywide Right-of-Way Tree Trimming Program to Arbor-Pro Tree Service. Award a contract for Citywide Right-of-Way Tree Trimming Program to L. Williams Landscaping, Inc. for $16,880.00 and authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of $1,688.00 which is equal to 10% of the contract amount. 20. Award 20.1 20.2 of Contract for FY95-96 City Wide A.C. Street Repair Project No. PW95-20 Award a contract for FY 95-96 Citywide A.C. Street Repair, Project No. PW95-20 to Hillcrest Construction in the amount of $57,110.00and authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of $5,711.00 which is equal to 10% of the contract amount. r:\minutes\l 11495 -7- 22. Completion and Acceptance of the Rancho Vista/Mira Loma Dr. Sidewalk Improvements, Project No. PW94-19 22.1 Accept the Rancho Vista/Mira Loma Drive Sidewalk Improvements, Project No. PW94-19, as complete; 22.2 Direct the City Clerk to file the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; 22.3 Direct the City Clerk to release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. 23. 24. Completion and Acceptance of the Access Ramps, Project No. PW95-04 23.1 Accept the Access Ramps, Project No. PW95-04, as complete; 23.2 Direct the City Clerk to file the Notice of Completion, release the Performance Bond, and accept a one (1) years Maintenance Bond in the amount of 10% of the contract; 23.3 Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. "No Parkine" Zones on the East Side of Front Street from SR 79(S) to Santia(~o Road 24.1 Adopt a resolution entitled: RESOLUTION NO. 95-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING "NO PARKING" ZONES ON THE EAST SIDE OF FRONT STREET FROM SR 79(S) TO SANTIAGO ROAD ADJACENT TO ALL DRIVEWAYS 25. Award of Construction Contract for Parkview Site Improvement Project, Phase 1, Fire Station 84- Project No. PW95-09CSD 25.1 Approve the plans and specifications and award a contract for Parkview Site Improvement Project - Phase 1, Fire Station 84, Project PW95-09CSD, to Great West Contractors for the base bid and the two alternates in the amount of $1,970,842.46and authorize the Mayor to execute the contract; r:\minutes\l 11495 -8- 26. 25.2 Authorize the Mayor to approve change orders not to exceed the contingency amount of $197,084.24 which is equal to 10% of the contract amount. Approve Grant of Easements for Walcott Corridor, Project PW94-10 26.1 Adopt a resolution entitled: RESOLUTION NO. 95-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING OFFERS OF DEDICATION FOR PUBLIC ROAD AND DRAINAGE PURPOSES EASEMENTS ON WALCOTT LANE AND LA SERENA WAY 27. 28. Award 27.1 Award 28.1 28.2 28.3 of Bid for Replacement Network Server for City Hall Award a bid for the purchase of the replacement network server for City Hall, Bid Number 95-33 to Inacom Information Systems, San Diego, California for $37,711.42. of Contract for the Walcott Corridor, Project PW94-10 Award a contract for the construction of the Walcott Corridor, Project PW94- 10 to Hemet Manufacturing Company, Inc. dba Genesis Construction for $1,716,637.50and authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of $171,663.75 which is equal to 10% of the contract amount. Adopt a Negative Declaration and approve a Mitigation Monitoring Program for the Walcott Corridor Project. 21. Award of Contract of FY95-96 Citywide P.C.C. Repairs Project No. PW95-21 Councilmember Roberts asked if there will be a problem with numerous change orders on this contract because it came in so far under the estimate. Public Works Director Kicak answered that the estimate may have been somewhat inflated and due to the economy, the contract came in well under the estimate. Councilmember Parks expressed concern that the roads be maintained properly. r:\minutes\l 11495 -9- It was moved by Councilmember Birdsall, seconded by Councilmember Parks to approve staff recommendation as follows: 21.1 Award a contract for FY 95-96 Citywide P.C.C. Repairs, Project No. PW95- 21 to West Coast Construction in the amount of $38,951.00and authorize the Mayor to execute the contract. 21.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $3,895.10 which is equal to 10% of the contract amount. The motion was unanimously carried with Mayor Stone absent. RECESS Mayor Pro Tem Lindemans called a recess at 7:42 PM. The meeting was reconvened following the Community Services District Meeting, the Redevelopment Agency Meeting, the Old Town/Westside Community Facilities District Financing Authority meeting and the Old Town Westside Improvement Authority meeting at 7:54 PM. PUBLIC HEARING 29. Plannine Aoolication No. 95-0078, Develooment Agreement for BCI/CCL Community Development Director Gary Thornhill presented the staff report and read a letter into the record from James Horn, a member of the Chardonney Homeowners Association Board, expressing his opposition to any reduction in Development Impact Fees. Mayor Pro Tem opened the public hearing at 8:10 PM. Charlie Kluger, 4300 Fir Avenue, Seal Beach, representing BCI/CCL spoke in favor of staff recommendation and stated the recreation area will be completed in a timely manner. Mayor Pro Tem Lindemans closed the public hearing at 8:11 PM. r:\minutes\l I 1495 -1 O- It was moved by Councilmember Parks, seconded by Councilmember Roberts to approve staff recommendation as follows: 29.1 Adopt the Negative Declaration for PA95-0078; 29.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 95-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING AN AMENDMENT AND RESTATEMENT OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND BCI/CCL VENTURE NO. I LIMITED PARTNERSHIP AND BCI/CCL VENTURE NO. 2 LIMITED PARTNERSHIP FOR SPECIFIC PLAN NO. 199, PLANNING AREA 14, MARGARITA VILLAGE, PLANNING APPLICATION NO. PA95-0078 The motion was unanimously carried with Mayor Stone absent. 30. Renaming of Temecula Library Senior Management Analyst Allie Kuhns presented the staff report. Councilmember Birdsall expressed concern that this was not going before the Murrieta City Council for a similar action on that City's behalf. It was moved by Councilmember Birdsall, seconded by Councilmember Roberts to continue this matter to the meeting of December 12, 1995, and to direct that the Task Force make the City of Murrieta representatives aware of the Council's position that the Murrieta City Council should adopt a similar resolution. The motion was unanimously carried with Mayor Stone absent. 8. Community Services FundinQ Ad Hoc Subcommittee Finance Director Genie Roberts presented the staff report. It was moved by Councilmember Roberts, seconded by Councilmember Parks to appoint Mayor Pro Tem Lindemarts and Councilmember Birdsall to serve for the remainder of the year on an ad hoc subcommittee to review two (2) applications for the FY 1995-96 Community Services Funding program. The motion was unanimously carried with Mayor Stone absent. CITY MANAGER'S REPORT None given. r:\minutes\l 11495 -11- CITY ATTORNEY'S REPORT City Attorney Thorson reported on the Closed Session, stating that no action was taken that requires public reporting. ADJOURNMENT It was moved by Councilmember Parks, seconded by Councilmember Roberts to adjourn at 8:25 PM to a meeting on November 28, 1995, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried with Mayor Stone absent. ATTEST: J~e~'. Greek, City Clerk o~..4_.__~'-~ ne,~ayor ' r:\minutes\l I 1495 -12-