Loading...
HomeMy WebLinkAbout112994 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD NOVEMBER 29, 1994 A regular meeting of the Temecula City Council was called to order at 7:08 PM at the Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor Ron Roberts presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, 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. !=X!::CUTIV!= S;SSION A meeting of the City of Temecula City Council was called to order at 6:06 PM. It was moved by Mayor Pro Tem Stone, seconded by Councilmember Birdsall to adjourn to Executive Session pursuant to Government Code Sections: 1. §54956.8, Real estate negotiations; 2. §54954.5(b), CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Property: Amscan Inc., 28401 Rancho California Road; Negotiating parties: City of Temecula and Amscan Inc.; Under negotiation: Owner Participation Agreement for manufacturing facility. 3. §54954.5(b), CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Property: Advanced Chemill Systems, 43153 Business Park Drive, Bldg. H; Negotiating parties: City of Temecula and Advanced Chemill Systems/Union Bank; Under negotiation: Developer Disposition Agreement. The motion was unanimously carried. INVOCATION The invocation was given by Pastor Mike Brisson, Cornerstone Community Church. PL;DRF OF ALLFGIANC; The audience was led in the flag salute by Councilmember Birdsall. PR!=SENTATIONS/ PROC! AMATIONS Presentations were made to Councilmember Birdsall by the following organizations: John Sterling of the Temecula Town Association Tim Verhoff, Temecula Volunteer Firefighters Larry Benson, Fire Department Minutes\ 11 \29\94 -1- 11/07/96 Citv Council Minutes November 29. 1994 Joan Sparkman and Ron Sullivan on behalf of Senator Marian Bergeson Aggie Goodacre on behalf of Congressman Ken Calvert Lynn Fahene and Rick Sanchez on behalf of the Police Department City Clerk June Greek on behalf of former Councilmember Peg Moore Mayor Roberts on behalf of the City Council Sam Alhadeff on behalf of Councilmember Birdsali's colleagues and friends. Councilmember Birdsall thanked everyone for their presentations and said she felt the City has made great accomplishments over the past five years. She thanked staff for their efforts toward making the City what it is today. Councilmember Birdsall asked that Mayor Roberts present a certificate of appreciation. Mayor Roberts presented a certificate of appreciation to Barbara Pearson, for her services as a volunteer Administrative Aid to Councilmember Birdsall over the past five years and thanked her for her efforts. NIRN BUSINFSS A. Resolution Certifying Election Results It was moved by Mayor Pro Tern Stone, seconded by Councilmember Mu~oz to approve staff recommendation A.1 as follows: A.1 Adopt a resolution entitled: RESOLUTION NO. 94-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 1994, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW The motion was unanimously carried. City Clerk June S. Greek administered the oath of office to Ronald J. Parks and Karel F. Lindemans. RFCFSS Mayor Roberts called a recess at 7:32 PM. The meeting was reconvened following the previously scheduled Community Services District Meeting and the Redevelopment Agency Meeting at 8:45 PM. Minutes\l 1 \29\94 -2- 11/07/96 Citv Council Minutes November 29. 1994 PUBLIC COMMENTS Kathleen Cassaro, 31616 Paseo Goleta, spoke in opposition to the proposed Old Town Entertainment Center, based on financing concerns. Phila McDaniel, 42050 Main, No. B, spoke in opposition to the proposed Old Town Entertainment Center, stating as a business owner in Old Town, her rent has already been raised. She also expressed concern about the construction phase. Sam Pratt, 40470 Brixton Cove, stated he has not received a response to his letter requesting information on the proposed Old Town Entertainment Center and Mr. Zev Buffman. City Manager Ronald Bradley stated the City mailed a response to Mr. Pratt's letter, in which each of the nine items requested were addressed under the provisions of the Government Code. He explained the City would not recommend advancing $5,000 to T.O.T.A.L. (Temecula Old Town Advancement League) for further studies. Stacy Tessier, 40595 Eyota, Murrieta, read an article regarding the proposed project. Tom Olinstead, 39341 Salinas Drive, Murrieta, representing Citizens Against the French Valley Airport Expansion, spoke in opposition to this expansion. Rita Gentry, 37100 Los Alamos Road, Murrieta, spoke in opposition to the French Valley Airport Expansion. CITY COUNCIL REPORTS Councilmember Mu~oz reported he has been elected President of the Inland Empire Division of the League of California Cities. Mayor Roberts stated he has been appointed to serve as a member of the Public Safety Division of the League of California Cities. CONSFNT CALENDAR Councilmember Lindemans stated he would abstain on Item No. 2 the minutes of October 18, 1994. Councilmember Parks stated he would also abstain on Item No. 2 since he was absent from that meeting. Mayor Pro Tem Stone requested the removal of Items 8, 9 and 10 from the Consent Calendar. Councilmember Mu~oz stated he would abstain on Items 5,6, 8 and 10. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Stone to approve Consent Calendar Items 1-7, with Councilmembers Parks and Lindemans abstaining on Item No. 2 and Councilmember Mu~oz abstaining on Items 5 and 6. The motion was unanimously carried. Minute$\l 1 \29\94 -3- 11/07/96 City Council Minutes November 29, 1994 Standard Ordinance Adol;)tion Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolution included in the agenda. Minutes 2.1 Approve the minutes of October 18, 1994. The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Stone, Mu~oz, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 2 COUNCILMEMBERS: Lindemans, Parks Resolution Apl;)roving List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 94-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Combining Balance Sheets as of September 30. 1994 and the Statement of Revenues, Ex,I;)enditures and Changes in Fund Balance. and the Statement of Revenues. Expenses and Changes in Retained Earnings for the Three Months Ended Sel;)tember 30. 1994 4.1 Receive and file the Combining Balance Sheets as of September 30, 1994 and the Statement of Revenues, Expenditures and Changes in Fund Balance, and the Statement of Revenues, Expenses and Changes in Retained Earnings for the Three Months Ended September 30, 1994. 4.2 Appropriate $45,000 to Building and Safety Department Account NO. 001-162- 999-5248 "Consulting Services". Agreement - City of Temecula/Eastern Municil~al Water District for Construction of Sanitary Sewer - Solana and 1-15 5.1 Approve the agreement, authorize the Mayor to execute and direct the City Clerk to forward the executed agreement to Eastern Municipal Water District (EMWD). Minutee\l 1\29\94 -4- 11/07/96 CiW Council Minutes November 29. 1994 o The motion carried by the following vote: AYES: 4 NOES: 0 ABSENT: 0 ABSTAIN: 1 COUNCILMEMBERS: Lindemans, Parks, Stone, Roberts COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS; Mu~oz Accel~tance of Public Street Iml;)rovements constructed Under Assessment District No. 161 (Nicolas Road from Winchester Road to Jose0h Road) 6.1 Accept the public street improvements as constructed under the Properties Ranch Assessment District No. 161, in Nicolas Road between Winchester Road (State Highway Route No.79 North) and Joseph Road. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Lindemans, Parks, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS; Mu~oz Coml;)letion and Accel;;)tance of the Traffic Signal Modification at the Intersection of Rancho California Road and Front Street. Project No. PW94-09 7.1 Accept the Traffic Signal Modification at the Intersection of Rancho California Road and Front Street, Project No. PW94-09, as complete and 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; · Release the Materials and Labor Bond seven (7) months after the filing of the Notice of completion if no liens have been filed. Award of Contract for Construction of Winchester road Interim Street Iml;)rovements. Project No. PW94-03 Mayor Pro Tem Stone expressed concern that construction will create adverse traffic conditions on the Winchester Road overcrossing and suggested the alternative bid be utilized so the work may be done at night. Minutes\l 1\29\94 -5- I 1/07/96 City Council Minutes November 29. 1994 Councilmember Parks stated he would be concerned that the time of the project may be extended if the work is done at night and suggested a combination of day and night work. It was moved by Councilmember Parks, seconded by Councilmember Lindemans to approve staff recommendation with the inclusion of $15,000 for an add alternate bid for night time work and directed staff to work with the contractor to assure the most efficient and expeditious construction of the project without creating adverse traffic conditions due to lane closures. 8.1 Award a contract for the construction of Winchester Road Interim Street Improvements, Project No. PW94-03 to Chance Edmondson for the base bid of $241,407.57 and authorize the Mayor to execute the contract. 8.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $24,140.76 which is equal to 10% of the contract amount. 8.3 Approve a budget transfer in the amount of $63,000 from the Pavement Management project to the Winchester Road Interim Street Improvement Project. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Lindemans, Parks, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: I COUNCILMEMBERS; Mu~oz Award of Contract for the Construction of Pala Road at Highway 79S Interim Right Turn Lane. I~roject No. PW94-08 It was moved by Mayor Pro Tem Stone, seconded by Councilmember Lindemans to approve staff recommendation with the inclusion of $6,335.49 for an add alternate bid for night time work and directed staff to work with the contractor to assure the most efficient and expeditious construction of the project without creating adverse traffic conditions due to lane closures. 9.1 Award a contract for base bid only, for the construction of the Pala Road at Highway 79S Interim Right Turn Lane, Project No. PW94-08 to Pro-Civil Engineering, Inc. $40,590.47 and authorize the Mayor to execute the contract. Minutos\l 1 \29\94 -6- 11/07/96 Citv Council Minutes 10. November 29. 1994 9.2 Authorize the City manager to approve change orders not to exceed the contingency amount of $4,059.05 which is equal to 10% of the contract amount. The motion was unanimously carried. Community Facilities District 88-17 - Winchester Interchange Iml~rovements Agreement with Riverside County for Real Property Services Mayor Pro Tem Stone asked why this type of serve requires such expertise. Interim Director of Public Works Joe Kicak explained this type of service requires special certification and only three or four agencies in the area can provide this service. Mayor Pro Tem stone asked that hourly rates be established and timesheets be provided to the City before final payment is made. It was moved by Councilmember Parks, seconded by Mayor Pro Tern Stone to approve staff recommendation as follows: 10.1 Approve an agreement with the County of Riverside to provide Real Property Services for the acquisition of property for the Winchester Interchange Improvements - CFD 88-12 in an amount not to exceed $25,000. 10.2 Authorize the Mayor to execute the agreement. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Lindemans, Parks, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: ABSTAIN: PUBLIC HFARINGS 11. 0 COUNCILMEMBERS: None COUNCILMEMBERS; Mu~oz Cable Television Rate Regulation City Attorney Peter Thorson recommended the hearing be cancelled and that continued negotiations with Inland Cable be authorized. He explained that Council could go forward with the hearing and adopt the resolution, however Inland Cablevision would then appeal and a hearing on the appeal would take approximately one year. It was moved by Mayor Pro Tem Stone, seconded by Councilmember Parks to cancel the public hearing. The motion was unanimously carried. Minutes\l 1\29\94 -7- 11/07/96 Citv Council Minutes November 29. 1994 12. Vesting Tentative Tract MaD 95063 and Change of 7one No. 5598 Planning Director Gary Thornhill presented the staff report. RFCFSS Mayor Roberts called a brief recess at 9:38 PM to change the tape. The meeting was reconvened at 9:39 PM. Mayor Roberts opened the public hearing at 9:40 PM. Larry Markham, 41750 Winchester Road, requested the public hearing be continued until the special study is completed. He stated this is the only application that presently exists within the special study zone. Mike Knowlton, 39130 Pala Vista Drive, spoke in support of staff recommendation. Mayor Roberts closed the public hearing at 9:45 PM. Mayor Pro Tern Stone asked how long the applicant would have to wait to reapply if this map is denied. Mr. Thornhill answered one year. It was moved by Councilmember Parks, seconded by Councilmember Mu~oz to approve staff recommendation to deny the Tentative Tract Map and Change of Zone without I;)re,,judice. 12.1 Adopt a resolution entitled: RESOLUTION NO. 94-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING VESTING TENTATIVE TRACT MAP NO. 25063 TO SUBDIVIDE A 20 ACRE PARCEL INTO 68 SINGLE FAMILY LOTS AND ONE OPEN SPACE LOT LOCATED ON THE SOUTH SIDE OF NICOLAS ROAD APPROXIMATELY 2,000 FEET EAST OF CALLE GIRASOL AND KNOWN AS ASSESSOR'S PARCEL NO. 914-480-005 12.2 Adopt a resolution entitled: RESOLUTION NO. 94-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING CHANGE OF ZONE NO. 5598 TO CHANGE THE EXISTING ZONING OF R-A-2½ (RESIDENTIAL AGRICULTURAL 2½ ACRE MINIMUM PARCEL SIZE) TO R-1 (SINGLE FAMILY DWELLING) AND R-5 (OPEN SPACE) ON A 20 ACRE PARCEL LOCATED ON THE SOUTH SIDE OF NICOLAS ROAD APPROXIMATELY 2,000 Minutes\l 1 \29\94 -8- 11/07/96 City Council Minutes November 29. 1994 FEET EAST OF CALLE GIRASOL AND KNOWN AS ASSESSOR'S PARCEL NO. 914-480-005 The motion was unanimously carried. 13. Change of 7one AI;)l;)lication No. ?6 - A Change of 7one for a ? 1.4 Acre Parcel from R-A- 70 (Residential Agricultural-?0 acre minimum [)arcel size) to C-O (Commercial Office) and R-5 (ODen Slyace) Planning Director Gary Thornhill presented the staff report. Mayor Roberts opened the public hearing at 9:55 PM. Larry Markham, 41750 Winchester Road, spoke in favor of the project. Mayor Roberts closed the public hearing at 9:56 PM. It was moved by Mayor Pro Tem Stone, seconded by Councilmember Lindemans to approve staff recommendation as follows: 13.1 Adopt the Negative Declaration for Change of Zone No. 26. 13.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 94-32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY FOR CHANGE OF ZONE APPLICATION NO. 26, CHANGING THE ZONE FROM R-A-20 (RESIDENTIAL AGRICULTURAL 20 ACRE MINIMUM PARCEL SIZE) TO C-O (COMMERCIAL OFFICE) AND R-5 (OPEN SPACE} ON PROPERTY LOCATED ON THE SOUTHWESTERLY CORNER OF RANCHO CALIFORNIA ROAD AND RIDGE PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NUMBER 940-310-014 The motion was unanimously carried. It was moved by Mayor Pro Tem Stone, seconded by Councilmember Parks to extend the meeting to 11:00 PM. The motion was unanimously carried. RFCFSS Mayor Roberts called a recess at 10:00 PM. The meeting was reconvened at 10:05 PM. COUNCIl BUSINFSS Mayor Roberts reordered the agenda to accommodate those wishing to speak on Item No. 17. Minutes\l 1 \29\94 -9- 11/07/96 City Council Minutes November 29. 1994 17. 14. Community Services Funding Program Assistant City Manager Mary Jane McLarney presented the staff report. Eve Craig, 43633 Buckeye Road, representing the Arts Council, thanked the City Council for their continuing support. Maxine Bendikson, 41270 Valencia Way, representing the Rancho Temecula Area Women's Club, thanked the Council for their support. Jean Sackin, 43098 Corte Villa, representing the Fine Arts Network, asked that the Council reconsider a grant for this organization, and explained the primary focus is on the youth of the community. James McLean, 24738 Leafwood Drive, Murrieta, spoke in support of a grant for the the Fine Arts Network. Mark Lohman, 39796 Avenida Palizada, spoke in support of the Fine Arts Network. Betty Joe McFerson, 41877 Enterprise Circle, representing the Temecula Valley Playhouse, explained the increased need for funding this year and stated new sound equipment is needed to produce musicals scheduled for the upcoming year. Councilmember Parks asked why funding was not recommended for the Fine Arts Network. Mayor Pro Tern Stone explained this is a new organization and no track records exists at this time. Councilmember Mu~oz expressed concern regarding funding for Penfold Communications, based on irregularities in the way they handled previous funding. Mayor Roberts asked for an opinion from the City Attorney. City Attorney Thorson stated that based on his review, no illegal irregularity existed. Councilmember Mu~oz stated he would vote "no" on the funding for Penfold Communications. It was moved by Councilmember Parks, seconded by Mayor Pro Tern Stone to approve recommendations for funding as contained in the staff report, noting a "no" vote cast for Penfold Communications by Councilmember Mu~oz. The motion was unanimously carried. Main Street Program Mayor Pro Tern Stone announced he would abstain on this item due to a conflict of interest and stepped down from the dias. Minutes\l 1 \29\94 -1 O- 11/07/96 City Council Minut=s November 29. 1994 15. RFCFSS Associate Planner Dave Hogan presented the staff report. Councilmember Parks asked if there is a precedent setting issue created by eliminating By-law Amendment No. 1. City Attorney Thorson stated it is a matter of policy and did not see this issue as precedent setting. It was moved by Councilmember Parks, seconded by Councilmember Lindemans to approve staff recommendations contained in the staff report with the exception of item number one of the By-law Amendments. The motion was unanimously carried with Mayor Pro Tern Stone abstaining. Public/Traffic Safety Commission Goals and Objectives Interim Public Work Director Joe Kicak presented the staff report. Mayor Roberts stated he would like to delete Number 5 dealing with participation in City's annual budgeting process. Councilmember Mu~oz expressed concern regarding offending the Commissioners. Mayor Roberts called a brief recess at 10:48 to change the tape. The meeting was reconvened at 10:49 PM. 16. It was moved by Councilmember Parks, seconded by Councilmember Mu~oz to approve staff recommendation with direction to include Item No. 5 of the proposed duties. 15.1 Direct staff to prepare a resolution defining the Public/Traffic Safety Commission's Goals and Objectives. The motion was carried by the following vote: AYES: 3 NOES: 2 ABSENT: 0 COUNCILMEMBERS: Lindemans, Mu~oz, Parks COUNCILMEMBERS: Stone, Roberts COUNCILMEMBERS: None Fstablishing and Amending Time Limits in the County of Riverside Redevelol~ment Plan 1-1988 Mayor Pro Tern Stone stated he would abstain on this item due to a conflict of interest. City Attorney Peter Thorson presented the staff report. Minutes\l 1 \29\94 -11- 11/07/96 Citv Council Minutes November 29, 1994 It was moved by Councilmember Lindemans, seconded by Councilmember Parks to approve staff recommendation: 16.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 94-33 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AND AMENDING TIME LIMITS IN THE COUNTY OF RIVERSIDE REDEVELOPMENT PLAN 1-1988 The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Lindemans, Mu~oz, Parks, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Stone CITY MANAG!=R R!=PORTS None given. CITY ATTORNFY R!=PORTS None given. ADJOURNMFNT It was moved by Councilmember Parks, seconded by Mayor Pro Tern Stone to adjourn at 10:55 PM. The motion was unanimously carried. Ron Roberts, Mayor ATTEST: June~;;~, 'CMC, City Clerk-~k~ [SEAL] Minutes\l 1\29\94 -12- 11/07/96