HomeMy WebLinkAbout121295 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
HELD DECEMBER 12, 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
Jeffrey E. Stone presiding.
PRESENT 5 COUNCILMEMBERS:
Birdsall, Lindemans, Parks,
Roberts, Stone
ABSENT: 0 COUNCILMEMBERS: None
Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City
Clerk June S. Greek.
INVOCATION
The invocation was given by Reverend David French, Temecula United Methodist Church.
PLEDGE OF ALLEGIANCE
The audience was led in the flag salute by Mayor Pro Tem Lindemans.
PRESENTATIONS/
PROCLAMATIONS
Mayor Stone proclaimed December 12, 1995 to be "Don Rohrabacher Day." Lt. Col. Donald
T. Rohrabacher thanked the Council for the proclamation and gave a brief history of San
Jacinto College at Menifee.
Councilmember Roberts presented Don Berg, the winner of the Old Town Temecula Logo
Contest, with a check and thanked him for his beautiful design. Mr. Berg thanked the City
Council for this award and the honor to represent Old Town.
PUBLIC COMMENTS
John Sterling, 28816 Pujol, Temecula Town Association, invited the City Council and
community to the free Christmas Dinner, held on December 25, 1995. He thanked Mayor Pro
Tem Lindemarts for facilitating flyers being placed on all City buses and thanked Assistant City
Manager Mary Jane McLarney and Councilmember Birdsall for joining the committee and
helping put this together. Mr. Sterling announced the dinner will be held between 11:00 AM
and 4:00 PM and anyone needing assistance with rides can contact the Temecula Town
Association at 676-4718.
Sam Pratt, 40470 Brixton Cove, requested that the City release all financial background
records of T.Z.B.G. He also requested a copy of the Comprehensive Annual Financial Report.
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Phil Hoxey, 43318 Cielo De Azul, representing TOTAL, spoke in opposition to any use of
public funds toward the Buffman Project.
Pat Keller, P.O. Box 521, asked that an election be held to replace Councilmember Ron Parks.
She also requested that all records requested by TOTAL be released.
Dennis Chiniaeff, 27555Ynez Road, Senior Vice President of Kemper Real Estate Management
Company, proposed giving a three-acre piece of ground, adjacent to the Rancho Elementary
School, to the City.
COUNCIL REPORTS
Mayor Pro Tern Lindemans stated he met with 50 parents and staff from Temecula Valley High
School regarding the safety of children. He stated not enough is being done to insure safety
of children. He requested staff address the problem of the City Council meetings and the
Board of Education meetings being held on the same dates. Mayor Stone asked that staff
contact the school district staff to see which of our meetings could be changed.
Councilmember Roberts stated he and Councilmember Birdsall did the preliminary judging of
holiday lights. He asked that the newspapers publish a map showing where the decorated
houses are located.
Councilmember Parks stated he attended his last meeting of the SCAG Regional Council and
reported that the Regional Comprehensive Plan Financial Guide is being distributed now. He
also requested that the proposed donation of the park site near La Serena School be
addressed on the next agenda.
Councilmember Birdsall announced the Community Christmas Dinner on Christmas Day is
being put on by the Temecula Community Center, and invited all to attend. She asked that
anyone needing transportation, please call the Community Center at 676-4718.
Mayor Stone stated he is the Council representative to the Riverside County Habitat
Conservation Agency, and a meeting will be held on Thursday, December 14, 1995 to
determine whether the agency should be dissolved. He asked the City Attorney if this matter
can be placed on the agenda.
City Attorney Thorson stated a motion would be needed to declare a subsequent need finding,
a need to take immediate action based on fact that this issue arose after the posting of this
agenda, and the matter needs to be addressed before the next scheduled meeting.
It was moved by Mayor Pro Tem Lindemarts, seconded by Councilmember Parks to place the
consideration of the proposed dissolution of Riverside County Habitat Conservation Agency
(RCHCA) on the agenda, based on subsequent need. The motion was unanimously carried.
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Mayor Stone stated that if reserves are not set aside, the Federal Government will not allow
development to occur in K-Rat Habitat. He also explained that a number of lawsuits are
pending and dissolving the Agency could create further problems.
Councilmember Parks stated that for six years, the Agency has been collecting money from
property owners to fund this Agency, with the specific reason of saving the Stephens
Kangaroo Rat. He explained that the study is 80% done and the committee has been working
to finalize the plan. He expressed concern that much of the land has been purchased and
questioned if the Agency is dissolved whether moneys collected would have to be returned
to property owners. He explained the Agency is attempting to develop a complete plan for
Stephens Kangaroo Rat which can later be converted to cover multi-species.
Councilmember Roberts agreed this Agency has gone too far to dissolve at this point,
especially since fees have been collected.
Councilmember Parks stated the Agency has a commitment from the Department of the
Interior to resolve the issue this year.
Community Development Director Thornhill stated it is important to understand, if the Agency
is dissolved, building permits cannot be issued in those areas where K-Rats are found.
It was moved by Councilmember Parks, seconded by Councilmember Roberts to support the
current direction of the RCHCA. The motion was unanimously carried.
RECESS
Mayor Stone called a brief recess at 8:00 PM to change the tape.
reconvened at 8:01 PM.
The meeting was
CONSENT CALENDAR
Councilmember Birdsall requested the removal of Item No. 10 from the Consent Calendar.
Councilmember Roberts also requested the removal of Item No 10 from the Consent Calendar.
He asked a question on Items 11 and 12, asking when the proposed signals on 79S will be
on the agenda. Public Works Director Joe Kicak stated the signal at Pala and 79S will be on
the Agenda for December 19, 1995.
Councilmember Parks requested the removal of Item No. 8 from the Consent Calendar.
Mayor Stone stated he would abstain on Item No. 9.
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It was moved by Mayor Pro Tem Linderoans, seconded by Councilmember Roberts to approve
Consent Calendar Items 1-7, 9, 11-14 with Mayor Stone abstaining on Item No. 9. City Clerk
June Greek stated that she has requests to speak on Items 8 and 10.
The motion was carried as follows:
AYES: 5 COUNCILMEMBERS:
NOES: 0
ABSENT: 0
COUNCILMEMBERS:
COUNCILMEMBERS:
Birdsall, Lindemans, Parks, Roberts,
Stone
None
None
Standard Ordinance Adoption Procedure
1,1 Motion to waive the reading of the text of all ordinances and resolutions
included in the agenda.
Resolution Approving List of Demands
2.1
Adopt a resolution entitled:
RESOLUTION NO. 95-100
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
3.1 Receive and file the City Treasurer's Report as of October 31, 1995.
Release Labor and Material Security in Parcel Map No. 22629
4.1 That the City Council Authorize release the Labor and Material portion of the
security for the improvement of streets and drainage in Parcel Map No. 22629.
4.2 Direct the City Clerk to so notify the Developer.
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Acceptance of Public Streets into the City-Maintained Street Svstem- Tract 20848
(located southwesterly of Nicolas Road at Via Lobo)
5.1
Adopt a resolution entitled:
RESOLUTION NO. 95-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET
SYSTEM (WITHIN TRACT NO. 20848)
o
Acceptance of Public Streets into the City-Maintained Street System - Tracts 21674-3
and 21674-F
(located southwesterly of the intersection of Rancho California Road at Meadows
Parkway)
6.1 Adopt a resolution entitled:
RESOLUTION NO. 95-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET
SYSTEM (WITHIN TRACTS NO. 21674-3 AND 21674-F)
Release of Monument Bond in Tract No. 21674-F
(located southwesterly of the intersection of Rancho California Road at Meadows
Parkway)
7.1 Authorize the release of the Subdivision Monument bond in Tract No. 21 674-F.
7,2 Direct the City Clerk to so advise the Surety and Developer.
Western Bypass Assessment District 95-1
9.1 Adopt a resolution entitled:
RESOLUTION NO. 95-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
DECLARING ITS INTENTION TO MAKE ACQUISITIONS AND
IMPROVEMENTS FOR THE WESTERN BYPASS ASSESSMENT DISTRICT
NO. 95-1
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9.2
Adopt a resolution entitled:
RESOLUTION NO. 95-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
PRELIMINARILY APPROVING ENGINEER'S REPORT AND DIRECTING
ACTIONS WITH RESPECT THERETO
The motion was carried as follows:
AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Parks, Roberts
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 1 COUNCILMEMBERS: Stone
11.
Solicitation of Construction Bids and Approval of Plans and Specifications for Traffic
Signal Installation at Margarita Road/Redhawk Parkway and SR-79(S) - Proiect PW95-
15.
11.1
Approve the construction plans and specifications and authorize the Department
of Public Works to solicit public construction bids for Project No. PW95-15,
Traffic Signal installation at the intersection of Margarita Road/Redhawk
Parkway and SR-79(S) upon receipt of Caltrans approval.
12.
Cooperative Agreement for FundinQ Traffic Signal Intersection
Road/Redhawk Parkway and State Route 79 (S)- Project No. PW95-15
12.1 Adopt a resolution entitled:
of Margarita
RESOLUTION NO. 95-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING A COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF
RIVERSIDE AND THE CITY OF TEMECULA TO ESTABLISH FUNDING FOR
INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF
MARGARITA ROAD/REDHAWK PARKWAY AND SR-79(S)
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13.
Completion and Acceptance of the Moraga Road Street Widenin(~ - Proiect PW92-10
13.1 Accept the Moraga Road Street Widening, Project No. PW92-10 as complete
and direct the City Clerk to:
1. 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.
2. Release the Materials and Labor Bond seven (7) months after the filing
of the Notice of Completion, if no liens have been filed.
14.
Professional Services Agreement for Geotechnical Observation and Testing for Project
No. PW95-09, Parkview Site Improvement Proiect - Phase 1, Fire Station 84.
14.1
Approve the Professional Services Agreement between the City of Temecula
and Geotechnical & Environmental Engineers for Geotechnical Observation and
Testing for Project No. PW95-09, Parkview Site Improvement Project - Phase
1, Fire Station 84 for an amount not to exceed $33,649.00.
14.2 Authorize the Mayor to execute the agreement.
RECESS
8. Policy for Closure or Modification of Traffic Flow on Public Streets
Councilmember Parks expressed concern that the Public/Traffic Safety Commission
would have the power to close roads. Public Works Director Kicak stated that any
road closure would have to come to the City Council in the form of an Ordinance or
Resolution and would be done by public hearing.
Mayor Stone expressed concern that on Page two (c), the 85% total properties may
be too high and recommended that a two-thirds majority may be more representative
of residents of an area.
Ken Bruckman, President of Starlight Ridge Home Owners Association, 42244 Cosmic
Drive, spoke in favor of a Policy for Closure or Modification of Traffic low on Public
Streets. He expressed concern over the 85%, and asked that a two-thirds majority be
used. He also asked the City Council to waive the requirement for an additional
petition.
Mayor Stone stated he is in favor of the petition to feel comfortable the residents
understand that they will bear the costs for additional improvements.
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10.
Councilmember Parks stated he sat through hearings regarding the closing of Avenida
De La Reina, and if the percentage is not fairly high, communities are split. He stated
he would like to see at least 75% to get a complete buy-in and 85% notification.
Wayne Hall, 42131 Agena, spoke in favor of the policy, stating the City is currently
too limited with regard to solutions of traffic problems.
It was moved by Mayor Pro Tern Lindemarts, seconded by Councilmember Parks to
approve staff recommendation with the modification in the policy to change the
percentage of signatures required on the petitions (subsection c) to 75% and 85%,
respectively.
8.1
The Public/Traffic Safety Commission recommends that the City Council
approve the proposed Policy for closure or modification of Traffic Flow on Public
Streets.
The motion was unanimously carried.
Bids for Walcott Corridor Project PW 94-10
Bruce E. Perry, 170 E. Oakland Avenue, Hemet, representing Genesis Construction,
requested the City Council post-pone its decision to reject all bids until the right-of-way
issues are resolved and the issue regarding relocation of power poles. He stated by
doing this, the Council would eliminate costs of re-bidding the project. He said he
would be willing to negotiate any changes with the City.
Councilmember Roberts objected to the request by the low bidder for a change order
before the project begins.
Councilmember Birdsall stated she is not in favor of re-bidding the project and stated
she feels staff needs to figure out what went wrong.
Public Work Director Kicak stated the City is not ready to go to bid at this point and
delays will end up costing more than re-bidding the project.
It was moved by Councilmember Parks, seconded by Mayor Pro Tern Lindemans to
approve staff recommendation to reject all bids. The motion failed by the following
vote:
AYES: 2 COUNCILMEMBERS: Parks, Stone
NOES:
3 COUNCILMEMBERS:
Birdsall, Lindemans, Roberts
ABSENT: 0 COUNCILMEMBERS: None
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City Council Minutes December 12, 1995
City Manager Bradley explained there are reasons why a local contractor may not want
to be delayed for six months. He stated this delay could cause higher material costs,
and cause problems regarding equipment allocation. He explained that the only person
the City can logically ask to maintain their bid is the low bidder and these are reasons
why all bids should be rejected and the project should be re-bid.
Mayor Pro Tem Lindemans suggested negotiating with the lowest bidder and if he does
not go over the second lowest bidder, the City should go with his bid. Councilmember
Parks expressed concern that the City will expose itself to lawsuits since this is not fair
to other bidders.
City Attorney Thorson stated at this point in time you have a low bid, with an
agreement to extend the 30 day agreement. He explained that if the Council wants to
keep it open, an agreement needs to be reached to extend the validity of that bid. He
stated that if the City enters into an agreement to extend the bid, a determination
would need to be made of who would be responsible for cost increases during that
time.
Councilmember Parks stated that typically when the City re-bids a project, the City
benefits, but explained if the City does extend, it must also extend the bid bond which
will require additional costs from the bidder.
It was moved by Councilmember Parks to continue this item for 30 days. The motion
died for lack of a second.
No further action was taken.
RECESS
Mayor Stone called a recess at 9:00 PM. The meeting was reconvened following the
Community Services District Meeting, Redevelopment Agency Meeting, Old Town Westside
Community Facilities District Financing Authority Meeting, and the Old Town Westside
Improvement Authority Meeting. The meeting was reconvened at 9:31 PM.
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City Council Minutes December 12, 1995
PUBLIC HEARINGS
15.
Reouest to Designate Certain Private Property as "No Skateboarding, Rollerblading or
Similar Activity Area"
Community Development Director Gary Thornhill presented the staff report.
Mayor Stone opened the public hearing at 9:34 PM. Hearing no requests to speak,
Mayor Stone closed the public hearing at 9:34 PM.
It was moved by Councilmember Birdsall, seconded by Mayor Pro Tem Lindemarts to
approve staff recommendation as follows:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 95-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
DESIGNATING PRIVATE PROPERTY AT 42690 MARGARITA ROAD AS A "NO
SKATEBOARDING, ROLLERBLADING OR SIMILAR ACTIVITY AREA"
PURSUANT TO CHAPTER 10.236 OF THE TEMECULA MUNICIPAL CODE
The motion was unanimously carried.
16.
Adoption of the 1994 Editions of Various Model Building Codes
Chief Building Official Tony Elmo presented the staff report.
Mayor Stone opened the public hearing at 9:40 PM.
City Clerk June Greek announced that Russell Rumansoff, 27349 Jefferson Avenue,
Ste 206, put in a slip in favor of staff recommendation, but had to leave.
It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindemarts to
approve staff recommendation as follows:
16.1
Open the Public Hearing, receive comments from the public, if any, and
continue the public hearing to December 9, 1995, at 7:00 p.m. for the purpose
of hearing testimony for or against the adoption of Ordinance No. 95- and on
findings to be adopted in connection therewith.
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16.2 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 95-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
AMENDING CHAPTERS 15.04 AND 15.08 OF THE TEMECULA MUNICIPAL
CODE PROVIDING FOR FEES AND ENFORCEMENT OF BUILDING
REGULATIONS; AND AMENDING CHAPTERS 15.04 AND 15.08 OF THIS
MUNICIPAL CODE TO ADOPT BY REFERENCE THE FOLLOWING CODES WITH
CERTAIN AMENDMENTS THERETO: THE 1994 EDITION OF THE UNIFORM
BUILDING CODE; THE 1994 EDITION OF THE UNIFORM MECHANICAL CODE;
THE 1994 EDITION OF THE UNIFORM ADMINISTRATIVE CODE; THE 1994
EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS
BUILDINGS; THE 1994 EDITION OF THE UNIFORM HOUSING CODE; THE 1994
EDITION OF THE UNIFORM SWIMMING POOLS, SPAS AND HOT TUB CODE;
AND THE 1993 EDITION OF THE NATIONAL ELECTRICAL CODE
The motion was unanimously carried.
17. Adoption of the 1994 Edition of The Uniform Fire Code
Chief Building Official Tony Elmo presented the staff report.
Mayor Stone opened the public hearing at 9:40 PM.
It was moved by Councilmember Park, seconded by Mayor Pro Tem Lindemarts to
approve staff recommendation as follows:
17.1
Open the Public Hearing, receive comments from the public, if any, and
continue the public hearing to December 19, 1995 at 7:00 p.m. for the purpose
of hearing testimony for or against the adoption of Ordinance No. 95-15 and on
the findings to be adopted in connection therewith.
17.2 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 95-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
AMENDING CHAPTER 15.16 OF THE TEMECULA MUNICIPAL CODE BY
ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 1994 EDITION AND
THE UNIFORM FIRE CODE STANDARDS, 1994 EDITION.
The motion was unanimously carried.
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City Council Minutes December 12, 1995
COUNCIL BUSINESS
18. Election of City Council Officers for 1996
It was moved by Councilmember Roberts, seconded by Councilmember Birdsall to elect
Mayor Pro Tem Karel Lindemarts to serve as Mayor to preside until the end of calendar
year 1996. The motion was unanimously carried.
It was moved by Councilmember Roberts, seconded by Mayor Pro Tem Lindemans to
elect Councilmember Pat Birdsall to serve as Mayor Pro Tern to serve until the end of
calendar year 1996. The motion was unanimously carried.
Mayor Stone thanked the Council for allowing him to serve as Mayor for Calendar Year
1995.
CITY MANAGER REPORTS
City Manager Bradley reminded the community that the Council will again be meeting on
December 19, 1995 and will at that time celebrate the service and accomplishments of
Councilmember Ron Parks.
CITY ATTORNEY REPORTS
None given.
ADJOURNMENT
It was moved by Councilmember Roberts, seconded by Councilmember Birdsall to adjourn at
9:50 PM to a meeting on December 19, 1995, 7:00 PM, Community Recreation Center,
30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried.
ATTEST:
'6~.~S~one, Mayor
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