HomeMy WebLinkAbout061196 CC Minutes MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
HELD JUNE 11, 1996
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
Lindemans presiding.
PRESENT 5 COUNCILMEMBERS: Birdsall, Ford, Roberts,
Stone, Lindemans
ABSENT: 0 COUNCILMEMBERS: None
Also present were City Manager Ronald Bradley, Assistant City Attorney Mike Estrada, and City
Clerk June S. Greek.
PRELUDE MUSIC
The prelude and intermission music was provided by Miss Katie Jones.
INVOCATION
The invocation was given by Reverend John R. Chambers, Grace Presbyterian Church.
PLEDGE OF ALLEGIANCE
The audience was led in the flag salute by Mayor Pro Tem Birdsall.
PRESENTATIONS/
PROCLAMATIONS
Mike Angel, President of the Volunteer Fire Company made a presentation to the City Council
describing the services provided to Temecula by the Volunteer Fire Company. Mayor Lindemans
and City Councilmembers expressed appreciation to Mr. Angel and the Volunteer Fire Company
for the valuable service they provide to the citizens of Temecula.
Mayor Lindemans presented a Special Achievement Award to Officer Joe Nardone and his
Partner Tango for their First Place Finish at the Redondo Beach Police Canine Trials, held on
May 10 and 11, 1996.
Mayor Lindemans proclaimed June 1996, to be "Shop Temecula First Month." Katherine Aaron,
Chairman of the "Shop Temecula First" Campaign, Alice Sullivan and Joan Sparkman accepted
the proclamation and thanked the City Council for their support.
Mayor Lindemans proclaimed June 16-23, 1996, to be "Amateur Radio Week."
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CITY COUNCIL REPORTS
Councilmember Ford requested the RCHCA Director, Brian Lowe, be invited to make a
presentation regarding the RCHCA activities at a future City Council meeting and that this be
placed on the agenda.
Councilmember Ford reported he attended the Murrieta/Temecula Joint Traffic Committee
which met and identified top priorities regarding traffic concerns. He stated a report will be
placed on a future agenda.
Councilmember Ford also reported the Friendship Games were held June 1, 1996 and Citizens
For a Safer Temecula had a booth where materials were distributed. He also stated that he
hosted the "Stand for Children's Day" where materials were handed-out to people in the stands.
Councilmember Stone announced another meeting of the Citizens for a Safer Temecula is
scheduled for Thursday, June 13, 1996, 7:30 PM, at the Community Recreation Center.
Councilmember Roberts reminded the City Council that the Annual WRCOG General Assembly
Dinner is planned for this Thursday, June 13, 1996.
Councilmember Roberts reported he attended a SCAG retreat where regional transportation and
legislative issues were discussed.
PUBLIC COMMENTS
City Clerk June Greek read a letter into the record from the Citizens for a Safer Temecula
thanking the City Council for their assistance in allotting time for the City Attorney to review
the existing penal code relating to sex offenders.
Bill Harkins, 30445 Anaconda Court, requested that the City Council place an urgency on the
installation of a signal on Rancho California Road and Humber Way.
Public Works Director Joe Kicak reported that the City Council will receive the request to solicit
bids at the next City Council Meeting on June 25, 1996.
Richmond Jackson, 30450 Anaconda Court, expressed appreciation to the City Council for
taking actions to expedite the installation of a traffic signal at Rancho California Road and
Humber Way.
Wayne Hall, 42137 Agena, addressed the citizens of Temecula, asking that they pull-over and
allow emergency vehicles to proceed without any obstructions when they were using their
lights and sirens.
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RECESS
Mayor Lindemans called a recess at 7:42 PM. The meeting was reconvened at 8:00 PM.
CONSENT CALENDAR
Mayor Pro Tem Birdsall registered a "no" vote on Consent Calendar Item No. 7. Councilmember
Stone requested the removal of Item No. 5 from the Consent Calendar.
Councilmember Stone questioned Item No. 7, asking if anything had changed from the original
bid. Public Works Director Kicak stated that the bid presented is the same amount and same
conditions previously submitted.
Mayor Lindemans noted an abstention on Item No. 2, since he was not present at the meeting
of May 28, 1996.
It was moved by Councilmember Roberts, seconded by Councilmember Ford to approve
Consent Calendar Items 1-4 and 6-10. The motion was unanimously carried with Mayor Stone
abstaining on Item No. 2 and Mayor Pro Tem Birdsall voting 'no" on Item No. 7.
1 . Standard Ordinance Adopt6on Procedure
1.1Motion to waive the reading of the text of all ordinances and resolutions included
in the agenda.
2.Approval of Minutes
2.1 Approve the minutes of May 28, 1996.
The motion carried as follows:
AYES: 4 COUNCILMEMBERS: Birdsall, Ford, Roberts, Stone
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 1 COUNCILMEMBERS: Lindemans
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3.Resolution Approvina List of Dema@
3.1Adopt a resolution entitled:
RESOLUTION NO. 96-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING
CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
4.City Treasurer's Report
4.1Receive and file the City Treasurer's Report as of April 30, 1996.
6.All-Way "Stop' - Buckeye Road at Preece Lane
6.1Adopt a resolution entitled:
RESOLUTION NO. 96-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ESTABLISHING "STOP" SIGN LOCATION ON BUCKEYE ROAD AT PREECE LANE
7.Award of Contract for the Walcott Corridor, Proiect PW94-@
7.1Award a contract for the construction of the Walcott Corridor, Project PW94-1 0
to Hemet Manufacturing Company, Inc. dba Genesis Construction for
$1,716,637.50 and authorize the Mayor to execute the contract.
7.2Authorize 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.
7.3Adopt a Negative Declaration and approve a Mitigation Monitoring Program for
the Walcott Corridor Project.
The motion carried as follows:
AYES: 4 COUNCILMEMBERS: Ford, Roberts, Stone, Lindemans
NOES: 1 COUNCILMEMBERS: Birdsall
ABSENT: 0 COUNCILMEMBERS: None
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8.Contract Amendment No. 10 to Community Facilities District 88-12 Enaineerona
Services Contract with J.F. Davidson Assocoates, Inc. for the Rancho Califo
Road/Interstate Route 1 5 Interchanae Improvement Project (PW95-12)
8.1Approve Contract Amendment No. 10 to provide right-of-way engineering
services for CFD 88-12 by J.F. Davidson Associates, Inc. (JFD) for the Rancho
California Road/interstate Route 15 Interchange Improvement Project in an
amount not to exceed $17,500.
9.Award a Contract for Public Works Maintenance Division Project No. PW95-96-32
9.1Award a contract for Old Town A.C. Repairs, Public Works Maintenance Project
No. 95-96-32 to Del Rio Enterprises in the amount of $11,990.00 and authorize
the Mayor to execute the contract.
9.2Authorize the City Manager to approve change orders not to exceed the
contingency amount of $1,199.00 which is equal to 10% of the contract
amount.
10.Revisions to State Sex Offender Registration and Emplo)4ment Laws
10.1Forward to members of the Assembly and Senate representing Temecula and to
the Attorney General the attached revisions to the state laws relating to
registration of sex offenders and employment of sex offenders and request that
the revisions be enacted and made part of the laws of the State of California.
5.Award of Contract for the Construction of an Interim Traffic Signal at the Intersection
of Maraarita Road and Rustic Glen - Proiect No. PW96-03
Councilmember Stone expressed concern over traffic being diverted on Rustic Glen
where there is no signal, beginning June 10, 1996.
Public Works Director Kicak stated that this contract was scheduled to be awarded
much earlier and traffic would not be diverted for approximately 30 days from that date.
He explained that staff has worked hard to extend the use of Winchester as long as
possible and minimize the burden on Rustic Glen.
It was moved by Councilmember Roberts, seconded by Councilmember Ford to approve
staff recommendation as follows:
5.1Award a contract for the construction of a Traffic Signal at the intersection of
Margarita Road and Rustic Glen, Project No. PW96-03 to DBX, Inc., in the
amount of $42,000.00 and authorize the Mayor to execute the contract.
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5.2Authorize the City Manager to approve change orders not to exceed the
contingency amount of $4,200.00 which is equal to 10% of the contract
amount.
5.3Appropriate $46,200.00 from Signal Mitigation funds to Capital Projects Account
No. 210-165-647-5804.
The motion was unanimously carried.
RECESS
Mayor Lindemans announced a recess at 8:10 PM to accommodate the scheduled Old Town
Westside Community Facilities District Financing Authority Meeting.
Mayor Lindemans announced a Joint Meeting of the City Council/Old Town Westside
Community Facilities Financing Authority at 8:12 PM, and turned the meeting over to
Chairperson Birdsall for Item 2.1.
2Financings for Old Town Area Public Improvements and the Western Bypass Corridor
Councilmember Stone announced a conflict of interest and stepped down from the dias.
City Manager Bradley presented the staff report.
Board Member Ford requested additional language be inserted into Resolution 2.1 as
follows: Paragraph 5, "Notwithstanding the foregoing, any sale of the Bonds shall be
subject to the prior approval by the Authority of a purchase contract and disclosure
document for the Bonds.
It was moved by Board Member Ford, seconded by Board Member Lindemans to approve
staff recommendation 2.1 with additional language suggested by Member Ford.
2.1Adopt a resolution entitled:
RESOLUTION NO. FA 96-09
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWNIWESTSIDE
COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY AUTHORIZING THE
ISSUANCE OF SPECIAL TAX BONDS FOR COMMUNITY FACILITIES DISTRICT
NO. 1, APPROVING AND DIRECTING THE EXECUTION OF A FISCAL AGENT
AGREEMENT, AND APPROVING AMENDMENT TO JOINT COMMUNITY
FACILITIES AGREEMENT AND OTHER RELATED DOCUMENTS AND ACTIONS
The motion was unanimously carried, with Member Stone abstaining.
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Chairperson Birdsall turned the meeting over to Mayor Lindemans for Item 2.2.
It was moved by Councilmember Birdsall, seconded by Councilmember Roberts to
approve staff recommendation 2.2 as follows:
2.2Adopt a resolution entitled:
RESOLUTION NO. 96-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING AND AUTHORIZING AND DIRECTING THE EXECUTION AND
DELIVERY OF AN AMENDMENT NO. 1 TO JOINT COMMUNITY FACILITIES
AGREEMENT
The motion was unanimously carried, with Councilmember Stone abstaining.
RECESS
Mayor Lindemans recessed the City Council Meeting at 8:15 PM to accommodate the scheduled
Old Town Westside Financing Authority Meeting, Community Services District Meeting and
Redevelopment Agency Meeting. The meeting was reconvened at 8:45 PM.
PUBLIC HEARINGS
11.Annexation Area Priority Map for Cit)l of Teme@
(Continued from the meeting of May 14, 1996)
City Manager Bradley reported that four members of the City Council have declared a
conflict of interest on this item, Councilmembers Ford, Roberts, Stone and Mayor
Lindemans. He stated the City has asked for a ruling from the City Attorney for a
procedure to select a majority of the Council. He explained that lots would be drawn
to select the two needed Councilmembers. He reported that the members so qualified
would be able to fully participate in the discussions. He further informed the Council
that those selected will be required to declare for the record their conflict of interest.
City Clerk June Greek presented lots to be drawn and Councilmembers Ford and Stone
were selected to make up the necessary quorum. Mayor Lindemans turned the meeting
over to Mayor Pro Tem Birdsall to conduct the Public Hearing.
Councilmember Stone announced his conflict arises from the fact that one of his
pharmacy customers owns property within, and adjacent to, areas to be annexed to the
City and the level of sales exceeds the threshold levels of sales set by Government
Code.
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Councilmember Ford stated his conflict of interest arises from his work for the owner
of the Redhawk Tract and announced he also serves as President of the Redhawk
Homeowners Community Association.
Community Development Director Gary Thornhill presented the staff report.
Mayor Pro Tem Birdsall opened the public hearing at 8:50 PM.
Adrian McGregor, 34555 Madera de Playa, requested that issues of current residents
be addressed before annexing new areas. She specifically asked that flooding issues
and air quality issues be addressed.
RECESS
Mayor Pro Tem Birdsall called a brief recess at 8:55 PM to change the tape. The
meeting was reconvened at 8:57 PM.
David Robinson, 39600 Ave Arizona, representing Temecula Valley Citizens for
Responsible Government, spoke in opposition to the annexation priority map. He
particularly expressed opposition to the annexation of Johnson Ranch and asked that
these rural areas not be annexed.
Councilmember Ford asked Dr. Robinson if he feels the County is more qualified to
develop these properties. Dr. Robinson stated he feels the County is qualified to
develop these properties and the City and County need to work together.
Mayor Pro Tem Birdsall closed the public hearing at 9:15 PM.
Councilmember Ford suggested the Winchester Corridor go up to the French Valley
Airport and this be made top priority, due to the potential commercial benefit it would
provide the City.
City Manager Bradley stated the City could talk to LAFCO about annexing corridors,
however the County would most likely strenuously resist.
It was moved by Councilmember Stone, seconded by Mayor Pro Tem Birdsall to approve
staff recommendation as follows:
11.1Adopt a resolution entitled:
RESOLUTION NO. 96-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING PLANNING APPLICATION NO. 95-0125 ADOPTING THE
ANNEXATION AREA PRIORITY MAP FOR THE CITY OF TEMECULA
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The motion was carried as follows:
AYES: 2 COUNCILMEMBERS: Stone, Birdsall
NOES: 1 COUNCILMEMBERS: Ford
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 2 COUNCILMEMBERS: Roberts, Lindemans
COUNCIL BUSINESS
12.Review and Adoption of the FY 1996-97 Annual Operatina Budaet
Finance Director Genie Reports presented the staff report.
It was moved by Councilmember Stone, seconded by Councilmember Roberts to
approve staff recommendation 12.1 as follows:
12.1Adopt a resolution entitled:
RESOLUTION NO. 96-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA ADOPTING THE FY 1996-97 ANNUAL OPERATING BUDGET AND
ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS FOR THE
VARIOUS DEPARTMENT BUDGETS
The motion was unanimously carried.
It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Stone to approve
staff recommendation 12.2 as follows:
12.2Adopt a resolution entitled:
RESOLUTION NO. 96-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS
The motion was unanimously carried.
It was moved by Councilmember Stone, seconded by Mayor Pro Tem Birdsall to approve
staff recommendation 12.3 as follows:
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12.3 Adopt a resolution entitled:
RESOLUTION NO. 96-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA ESTABLISHING A PROCEDURE FOR PREPAYMENT OF DEMANDS
The motion was unanimously carried.
13.Rancho California Road/1-15 Brodae Widening and Northbound Ramp Improvement
Proiect - Project No. PW95-12 - Right-of-Way Acquisition
Councilmember Stone announced a conflict of interest and stepped down from the dias.
Public Works Director Joe Kicak presented the staff report.
Mayor Lindemans opened the hearing at 9:50 PM.
Dennis W. Chiniaeff, representing KI/FKLA Rancho Realty LLC/Bedford Development
Company, 27555 Ynez Road, No. 200, objected to the eminent domain actions being
recommended by staff, based on the inadequacy of the appraisal of the property.
Sam Alhadeff, 27555 Ynez Road, No. 203, Counsel for KI/KFLA Rancho Realty
LLC/Bedford Development Company, objected to the eminent domain actions based on
an inadequate appraisal. He objected to not being allowed to meet with the appraiser
prior to the hearing, and stated the final title report used for the appraisal did not include
the development agreement.
Assistant City Attorney Mike Estrada, stated he has had conversations with Ms. Sayre
Weaver of his office who is handling the proceedings and the representative of the
property owner is addressing the 4th area of findings. He stated his office has reviewed
the matter and consulted with the appraiser and believe all relevant documents were
reviewed. He stated the appraiser stands by his appraisal and according to eminent
domain law, the appraiser should not be speaking to the property owner.
City Manager Ronald Bradley informed the City Council that this issue is time sensitive
since the City has a grant for this project which will expire on June 30, 1996. He
explained that if action is not taken at this hearing, the City will lose grant funding for
the Rancho California Road/1-1 5 Road Widening Project.
Mayor Pro Tem Birdsall stated this improvement is badly needed and said she believes
Kemper basically wants the same thing. She asked that this be resolved in an amicable
manner.
Assistant City Attorney Estrada stated for the record, the recommendation of the City
Attorney's Office is that the City's appraisal contains the appropriate amount. He stated
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that during the court proceedings, should it be established the figure contained in the
City's appraisal is not the appropriate amount, this would be worked out.
It was moved by Councilmember Roberts, seconded by Councilmember Birdsall to
approve staff recommendation. Further direction was given to staff to keep in mind the
City Council is concerned that this matter be resolved with the owners of record in an
amicable and prompt manner.
13.1Open and conduct a hearing on the adoption of each of the two (2) proposed
Resolutions of Necessity, receive from the staff the evidence stated and referred
to herein, take testimony from the property owners or their representatives if
they ask to be heard on issues A, B, C, and D set forth below, and consider all
the evidence.
13.2If the City Council finds, based on its consideration of the evidence contained
and referred to in this staff report, the testimony and comments received during
the public review and planning process, all other testimony that may be
presented, and all other evidence and records pertaining to this matter, that the
evidence warrants the necessary findings as to each proposed Resolution of
Necessity, then the staff recommends that the City Council, in the exercise of
its discretion, and taking a separate vote on each proposed resolution, adopt
each of the Resolutions of Necessity and authorize and direct that eminent
domain proceedings be filed to acquire the subject properties;
Adopt a resolution entitled:
RESOLUTION NO. 96-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA FINDING
AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND
NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR
PUBLIC PURPOSES (RANCHO CALIFORNIA ROAD/1-1 5 BRIDGE WIDENING AND
NORTHBOUND RAMP IMPROVEMENT PROJECT) (KI/FKLA RANCHO REALTY
L.L.C.)
13.3Adopt a resolution entitled:
RESOLUTION NO. 96-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA FINDING
AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE
THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC PURPOSES
(RANCHO CALIFORNIA ROAD/1-15 BRIDGE WIDENING AND NORTHBOUND
RAMP IMPROVEMENT PROJECT) (BEDFORD DEVELOPMENT COMPANY)
Note:This requires an affirmative FOUR-FIFTHS (4/5) vote of the City Council;
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13.4Direct the City Attorney to file the actions expeditiously;
13.5If the Resolutions are approved, approve the warrants in the amount of
$30,000.00 (KI/FKLA Rancho Realty, L.L.C.) And $257,800.00 (Bedford
Development company) payable to Arthur Sims, Executive Officer, Superior court
of the State of California for the County of Riverside, for the deposits required
to be made with the Court to obtain an Order of Possession.
13.6Authorize the City Manager to execute all necessary documents.
13.7Appropriate $290,000.00 from the General Fund to the Capital Improvement
Fund.
The motion was unanimously carried with Councilmember Stone abstaining.
14.Ordinance Amending Prima Facie Speed Limit on Puiol Street between 6th Street and
its Southerly Termination
Councilmember Stone abstained and stepped down from the dias.
Public Works Director Joe Kicak presented the staff report.
It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Ford to approve
staff recommendation as follows:
14.1Read by title only and introduce an ordinance entitled:
ORDINANCE NO. 96-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
AMENDING SECTION 10.28 OF THE TEMECULA MUNICIPAL CODE REGARDING
PRIMA FACIE SPEED LIMIT ON PUJOL STREET BETWEEN 6TH STREET AND ITS
SOUTHERLY TERMINATION
The motion was unanimously carried with Councilmember Stone abstaining.
1 5.Ordinance Amendina Prima Facie Speed Limits on Rancho California Road from Mo@
Road to Maraarita Road and from Diaz Road to West City Limits
Public Works Director Joe Kicak presented the staff report.
Councilmember Ford requested the title of the resolution be amended to ad the language
"on Rancho California Road".
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It was moved by Councilmember Roberts, seconded by Councilmember Stone to approve staff
recommendation as amended:
15.1Read by title only and introduce an ordinance entitled:
ORDINANCE NO. 96-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE
REGARDING THE PRIMA FACIE SPEED LIMITS ON RANCHO CALIFORNIA ROAD
FROM MORAGA ROAD TO MARGARITA ROAD AND "'RAN' Q'.:: A I Ofk@NI
...........................
.0-AD FROM DIAZ ROAD TO WEST CITY LIMITS
............. ................ I..
The motion was unanimously carried.
CITY MANAGER'S REPORT
None given.
CITY ATTORNEY'S REPORT
None given.
ADJOURNMENT
It was moved by Councilmember Ford, seconded by Councilmember Stone to adjourn at 10:20
PM to a meeting on June 18, 1996, Joint Meeting of the City Council/Temecula Valley Unified
School District, 6:00 PM, 31350 Rancho Vista Road, Temecula, California.
Next regular meeting: June 25, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho
Vista Road, Temecula, California.
The motion was unanimously carried.
or
ATTEST:
J@S.)Greek, CMC, City Clerk
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