Loading...
HomeMy WebLinkAbout031092 CC Minutes MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD MARCH 10, 1992 A regular meeting of the Temecula City Council was called to order at 5:37 PM in the Temecula Community Center, 28816 Pujol Street, Temecula, California. Mayor Patricia H. Birdsall presiding. PRESENT 4 COUNCILMEMBERS: Lindemans, Moore, Parks, Birdsall ABSENT: 1 COUNCILMEMBERS: Mu~oz Also present were City Manager David F. Dixon, City Attorney Scott F. Field, and City Clerk June S. Greek. FXIFCUTIVF S;SSION Mayor Birdsall declared a recess to an executive session pursuant to Government Code Section 54956 (b) and (c) to discuss potential litigation at 5:37 PM. The meeting was reconvened at 7:05 PM in regular session by Mayor Birdsall with all members present. INVOCATION The invocation was given by Pastor David French, Temecula United Methodist Church. P! ;DRF OF ALLI=CdANC; The audience was led in the Pledge of Allegiance by Councilmember Mu~oz. PUBLIC FORUM Glen Daniels, Legislative Affairs of Eastern Municipal Water District, introduced himself and stated he will be the point of contact for the City to assist with any questions or problems that may arise. Tom Fowler, 24482 Leafwood Drive, Murrieta, addressed the City Council regarding the existing Senior Center, stating it is a multi-use facility, housing such organizations as the Rancho Music Association, the Kiwanis Haunted House, etc. He asked the every effort be made to keep this facility operating. Charlotte Belisle, 38252 Via Oruga, addressed the Council stating that the Rancho Music Association has used the existing Senior Center for the past six years as a rehearsal facility and stated this Center is a multi-use facility. Buel Pettit, 40290 Winchester Road, thanked the Council for the $10,000 granted to the Center. He stated the Senior Center on Winchester Road is a multi-use facility with many Minutes\3\10\;)2 - 1 - 11/07/$6 City Council Minutes March 10. 1992 activities and stated he would be providing the Council with a letter listing the services provided. Howard Omdahl, 41785 Enterprise Circle South, Suite F, addressed the City Council to promote his proposed Civic Center Site. He stated this site would be at the center of three major corridors and would greatly benefit the City. He advised he is planning to take this decision to the November Election and put it before the electorate so the citizens can become involved in locating the future Civic Center. Councilmember Lindemans responded that the City is not looking for a Civic Center Site at this time, and priorities are focused on jobs for the citizens and parks for the community. Phillip Colombo, 29000 Front Street, spoke in support of the proposed Civic Center Site stating it would bring focus and business to the Old Town Area and increase tourist dollars. Renee Souza-Moore, 39694 Roripauph Road, speaking on behalf of her husband, Danny Moore, addressed the Council regarding a personnel complaint. She distributed packets to the Council for their review and asked that a hearing be held as soon as possible. Mayor Birdsall referred this matter to staff. CONSFNT CA! FNDAR Mayor Pro Tem Lindemans requested the removal of Item No. 9 from the Consent Calendar. Councilmember Mu~oz requested the removal of Item No. 5 from the Consent Calendar. Councilmember Parks commented on Items 4 and 11 stating that the City has been pushing to get these projects going to make the necessary improvements and create needed jobs. He asked if staff is waiting for Caltrans. Director of Public Works Tim Serlet stated that staff is waiting for Caltrans approval on Bid Documents. It was moved by Councilmember Moore, seconded by Mayor Pro Tem Lindemans to approve Consent Calendar Items 1-4, 6-8, and 10-12. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Lindemans, Moore, Mu~oz, Parks, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Minutes\3\10\92 -2- 11/O7/96 City Council Minutes March 10. 1992 .. Standard Ordinance Ado0rion 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 Approve the minutes of February 25, 1992. Approve the minutes of February 26, 1992. Resolution ADl~roving list of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Award of Contract for the Construction of Street. Storm Drain and Traffic Signal Iml;)rovements on Rancho California Road between Ynez Road and Margarita Road (Project No. PW 91-03 - Rancho California Road Benefit District) 4.1 Approve award of contract for construction of street, storm drain, and traffic signal improvements on Rancho California Road between Ynez Road and Margarita Road (Project NO. PW 91-03 - Rancho California Road Benefit District) to Oliver Brothers for $499,716.85. I;)reliminary Route Design for Award of Professional Services Contract to NBS/! owry for the Western Byl;)ass Corridor. (Continued from the meeting of February 25, 1992) 6.1 Award a Professional Services Contract in the amount of $19,810.00 to NBS/Lowry for a preliminary route design for the Western Bypass Corridor and authorize the Mayor and City Clerk to sign said Contract. Notice of Coml~letion - Sam Hicks Monument Park. Curb and Gutters 7.1 Accept Sam Hicks Monument Park Curb and Gutter Project as 100% complete. 7.2 Authorize final retention payment to R.J. Nobel Company, Contract No. 0276, to be released pursuant to Section 9-3.1 of the Standard Specifications for Public Works Construction. Minutes\3\10\92 -3- 11/07/96 City Council Minutes March 10. 1992 10. 11. 12. 7.3 Authorize recordation of the Notice of Completion. Release of Public Improvements Subdivision Warranty Bond for Parcel Map No. ?36?4 8.1 Authorize the release of subdivision warranty bond for street, water and sewer systems. 8.2 Direct the City Clerk to so advise the Developer. Acceptance of Public Improvements in Parcel Map No. 73561-1 10.1 Accept the Public Improvements in Parcel Map No. 23561-1; 10.2 Authorize the reduction of street, sewer and water bonds; 10.3 Accept the subdivision warranty bond in the reduced amount; 10.4 Authorize the release of the subdivision monumentation bond; 10.5 Approve the subdivision agreement rider; 10.6 Direct the City Clerk to so advise the Clerk of the Board of Supervisors. Award of Professional Services Contract to J.F. Davidson Associates. Inc. for Land Surveying Services on Rancho California Road Benefit District Project (PW 91-03) 11.1 Award a Professional Services Contract in the amount of $10,500.00 to J.F. Davidson Associates, Inc. for land surveying services on the Rancho California Road Benefit District Project (No. PW 91-03); 11.2 Authorize the Mayor and City Clerk to execute the agreement. Authorize Reduction in Bond Amounts for Tract No. ?3304 12.1 Authorize the reduction of street, sewer and water faithful performance bond amounts; 12.2 Accept replacement faithful performance bonds in the reduced amounts; 12.3 Approve an extension of time to January 10, 1993 for the subdivision agreement for TR23304; 12.4 Accept a one time settlement of $103,000.00 from Investment Development Management (IDM) Corporation for construction of certain street and storm drain improvements; Minutes\3\10\92 -4- 11/07/86 Citv Council Minutes March 10. 1992 12.5 Direct the City Clerk to so advise the Developer. 5. Agreement for Prol~erty Tax Audit and Information Services Councilmember Mu~oz questioned the need for a consultant to provide these services. Finance Officer Mary Jane Henry explained that staff has been concerned that collections of property tax have only been 89%, where the delinquency from the County is only at 7%. She explained that the consultant will use a computer application to do this audit at a very reasonable cost. She stated this will also identify properties that are not currently being credited to the City. Councilmember Mu~oz asked why it is necessary to pay an additional bonus as well as the service fee. Finance Officer Henry stated the bonus is an incentive to find new parcels, providing revenue that would otherwise be lost. Assistant City Manager Ochenduszko stated that only the very large Cities have staffing capabilities to provide this type of service. He explained that the consultant feels their services are worth more than $11,000, but are confident they will find tax revenue, to make up the difference. It was moved by Councilmember Moore, seconded by Mayor Pro Tem Lindemans to approve the agreement with Hinderliter, De Llamas and Associates for Property Tax Audit and Information Services. The motion was unanimously carried. Coml;)letion and Accel;)tance of Fml;)ire Creek Removal of Sediment and Restoration Mayor Pro Tem Lindemans asked if the monies spent for this project can be repaid by the responsible parties. Director of Public Works Tim Serlet stated staff felt it was important to remove the sediment from the Empire Creek before more damage was done, but staff will be happy to pursue repayment of costs by the responsible party. It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Moore to approve staff recommendation. The motion was unanimously carried. Councilmember Mu~oz asked if the sediment was removed from the site or piled off to the side. Mr. Serlet stated that the sediment excavated by the City was removed, however the sediment removed by Caltrans was left on the side of the creekbed. Mayor Pro Tem Linderoans asked that Item 16 be heard prior to the public hearings since it will give background on the French Valley Airport issue. RFCFSS Minutes\3\10\92 -5- 11/07/96 Citv Council Minutes March 10. 1992 Mayor Birdsall called a recess at 7:55 PM. The meeting was reconvened following the Community Services District Meeting at 8:21 PM. Mayor Birdsall reordered the agenda to hear Item 16 prior to the public hearings. 16. Status Rel~ort on French Valley Airl;)ort Director of Planning Gary Thornhill presented the staff report, stating the purpose of this report is to provide the City Council with information on two key issues; land use planning around the airport and public health and safety issues. Councilmember Moore asked if the state mandated two mile radius around airports encompasses airports that service large jet aircraft? Mr. Thornhill stated the two mile radius is generic until the airport adopts its own specific plan. Mayor Pro Tem Lindemans objected to the two mile radius, stating it adversely affects property owners, with no logical reason to do so. He also objected to the handbook for land use planning, stating the zoning is too restrictive. He asked that the airport be defined as to its eventual size. Mr. Thornhill explained that the two mile radius is a requirement of State law until the Airport Land Use Plan is adopted. He explained that the only restriction placed by the two mile radius is to require review by the Airport Land Use Committee. Mayor Pro Tem Lindemans requested a copy of the State law. Councilmember Parks stated Caltrans has been granted $54,000 to complete the Airport Land Use Plan by June 30, 1992 and asked if this is a realistic time frame. Mr. Thornhill stated he is not in a position to answer that question. William Harker, 31130-85 General Kearny, Airport Land Use Committee, gave a brief history of the airport and stated the main goals of the committee is to protect both the airport and people on the ground. He stated in the beginning a one mile radius was approved, but that was changed by Senate Bill 255, which extended it two miles. He also explained that when the City overrules a decision of the Committee, it assumes liability. Councilmember Mu~oz asked if the County performed studies or hired consultants to study noise in area. Mr. Harker answered not to his knowledge. George Campos, President of Friends of French Valley Airport, spoke regarding the goals of the organization. He explained the airport is to service industry and business, a necessity for attracting more clean industry and business to Temecula. He explained a 24-hour hot line phone number to receive noise complaints and stated airport rules will Minutes\3\10\92 -6- 11/07/96 Citv Council Minutes March 10. 1992 be instituted. He announced the airport will also be providing an Automated Weather Information System and Instrumentation Approach system for the airport. Mayor Birdsall called a brief recess at 9:10 PM to change the tape. The meeting was reconvened at 9:11 PM. Mayor Pro Tem I indemans asked if there is a move to lengthen the airport runway. Mr. Campos stated at this time the ultimate length of the airport is not known because all the facts are not yet in. Ron Sullivan, Field Representative for Senator Marion Bergeson's Office, stated the uses must be compatible with the surrounding area. It was moved by Councilmember Moore, seconded by Mayor Pro Tem Lindemans to receive and file the report. The motion was unanimously carried. PUBLIC H;ARINC~S 13. Vesting Tentative Tract MaD No. ?5004 and Change of 7one No. 5611. Overruling of Airl;)ort L~nd Use Commission Denial Gary Thornhill presented the staff report. Mayor Birdsall opened the public hearing at 9:31 PM. Murray Dix, 22865 Lake Forest Drive, El Torro, stated he concurs with staff recommendation. Councilmember Parks asked if Mr. Dix performed studies at his own expense. Mr. Dix reported he conducted several studies at his own expense which found the project is compatible with current uses around the airport. Councilmember Mu~oz questioned the disclosure conditions. Mr. Thornhill said Condition 21K states the applicant shall obtain necessary clearances and shall file a white report. Councilmember Mu~oz asked that signature lines be added for the buyer and that this information be give to prospective buyers at the time marketing literature is distributed, not at the time of closing. Director of Planning Thornhill suggested amending Condition 21K to include all the concerns as they have been stated tonight. Minutee\3\l 0\92 -7- 11/07/96 Citv Council Minutes March 10. 1992 Roger Lebbs, Legal Counsel for Dix Development, stated the Airport Land Use Commission has taken an aggressive and arbitrary approach and discussed the two mile radius, stating this increases the level of scrutiny, however the City Council has every right to overturn such decisions. He stated that even in fully developed areas, the ALUC has taken a position of granting only 2 1/2 acre zoning. George Campos, Friends of French Valley Airport, spoke in favor of overriding the ALUC recommendation. Robert Curtis, 39200 Seraphina Road, stated he owns property I 1/2 miles from the airport and objects to the two mile radius. Mayor Birdsall closed the public hearing at 9:50 PM. It was moved by Councilmember Moore, seconded by Councilmember Parks to adopt a resolution entitled: RESOLUTION NO. 92-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OVERRULING THE AIRPORT LAND USE COMMISSION DECISION DENYING VESTING TENTATIVE TRACT MAP NO. 25004 TO SUBDIVIDE 59.0 ACRES INTO 135 RESIDENTIAL LOTS AND CHANGE OF ZONE NO. 5611. GENERAL LOCATION OF SAID MAP BEING THE NORTHEAST CORNER OF RITA WAY AND SERAPHINA ROAD with the understanding that the project will be subject to an avigation easement for the benefit of the French Valley Airport and that the developer will require potential buyers to sign the disclosure included in the report as Attachment No. 2. Mayor Pro Tern Lindemans moved to amend the motion to remove the requirement for an avigation easement and a disclosure statement. The motion died due to lack of a second. The motion was unanimously carried. 14. Change of 7one 5631 - Tentative Tract :)5370. Bedford Prol~erties It was moved by Councilmember Parks, seconded by Councilmember Mu~oz to continue Change of Zone 5631 and Vesting Tentative Tract Map No. 25320 to April 14, 1992. The motion was unanimously carried. It was moved by Councilmember Parks, seconded by Councilmember Mu~oz to extend the meeting 15 minutes until 10:15. The motion was unanimously carried. Minutes\3\10\92 -8- 11/07/96 Citv Council Minutes March 10. 1992 15. Antenna Urgency Ordinance Adol~tion Gary Thornhill presented the staff report. Mayor Birdsall opened the public hearing at 10:00 PM. Having no requests to speak, Mayor Birdsall closed the public hearing at 10:00 PM. It was moved by Councilmember Moore, seconded by Mayor Pro Tem Lindemans to approve staff recommendation as follows: 15.1 Read by title only and adopt an urgency ordinance entitled: ORDINANCE NO. 92-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 6 TO THE TEMECULA MUNICIPAL CODE PERTAINING TO ANTENNA REGULATIONS AND ESTABLISHING REGULATIONS FOR THE USE OF ANTENNAS The motion was unanimously carried. COUNCl! BUSINFSS 17. 18. CFD 88-17 Sales Tax Agreement Between City and Tomond Prol;)erties City Attorney Field presented the staff report. It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Moore to approve staff recommendation as follows: 17.1 Approve and Authorize the Mayor to sign the attached "Agreement between City of Temecula and Tomond Properties, a General Partnership, Regarding Sales Tax Revenues of Community Facilities District No. 88-12 (Ynez Corridor)" in substantially the form presented, subject to approval by the City Manager and City Attorney as to the final form of the Agreement. The motion was unanimously carried. Discussion of County Health Del;)artment Services Councilmember Mu~oz outlined his concerns with respect to the service level provided by the County Health Department. He stated he has received complaints from restaurant businesses. Minutee\3\10\92 -9- 11/07/96 Citv Council Minutes March 10. 1992 City Manager Dixon explained that the City does not have a contract with the County for Health Services, but rather the County charges a fee for the services they provide. Councilmember Parks suggested referring this to staff to see if this is a personnel problem, and to see what options are available. Councilmember Moore asked that City Manager Dixon speak with the County Health Officer and try to resolve the problem at that level. Councilmember Parks asked that staff report back on this issue because it is important to encourage businesses in this community. CITY MANA~;R RFPORTS City Manager Dixon stated he has been chosen as a participant in the ICMA Exchange Program for 1992, but has declined the invitation. CITY ATTORNIFY RIFPORTS None given. CITY COUNCIL RFPORTS Councilmember Mu~oz stated beginning April 1, 1992, the Riverside Transit Agency will expand service in the City of Temecula. Councilmember Moore requested that the public be provide with new route schedules at three or four locations in the City. Mayor Birdsall stated she spent the day with the film crew from the New Homes Show on which Temecula will be featured. She stated this will air April 1 lth at 8:30 PM. Mayor Pro Tem Lindemans stated he has received a letter from residents on Paseo Golleta objecting to the closure of their street, and he has received in the message. Minutes\3\ 10\92 -1 O- 11/07/99 Ciw Council Minutes March 10. 1992 ADJOURNM;NT It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Parks to adjourn at 10:10 PM to a meeting on March 24, 1992, 8:00 PM, Temecula Community Center. ATTEST: Patricia H. Birdsall, Mayor [SEAL] City Clerk Minutes\3\10\92 -11- 11/07/96