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HomeMy WebLinkAbout081396 CC Minutes MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD AUGUST 13, 1996 EXECUTIVE SESSIObt A meeting of the City of Temecula City Council was called to order at 5:43 PM. It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Stone to adjourn to Executive Session at 5:43 PM, pursuant to Government Code Sections: 1. 54956.8, Conference with Real Property Negotiator; Property: Westside of Front Street, west of Interstate 15, Temecula (APN 922-110-005); Negotiating Parties: City of Temecula and Margarita Canyon LLC; Under Negotiation: price and terms of payment. 2.54956.8, Conference with Real Property Negotiator; Property: Napa Auto parts; Negotiating Parties:Redevelopment Agency of the city of Temecula and NAPA Auto Parts; Under negotiation:Value of Agency interest in property and terms of payment. 3.54956.9(b), Conference with Legal Counsel - Anticipated Litigation, one matter. 4.54956.9(a), Conference with Legal Counsel - Existing Litigation, City of Temecula v. KR Palm Plaza. 5. 54956.9(a), Conference with Legal Counsel - Existing Litigation, City of Temecula v. Mervyns. 6. 54956.9(a), Conference with Legal Counsel - Existing Litigation, City of Temecula v. Ted Zonos and Alexandra Zonos. The motion was unanimously carried with Councilmember Roberts absent. Mayor Lindemans declared the closed session adjourned at 6:33 PM. 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 4 COUNCILMEMBERS: Birdsall, Ford, Stone, Lindemans ABSENT: 1 COUNCILMEMBERS: Roberts Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. Minutes\08\13\96 -1- 08/28/96 City Counc4i Minutes Auaust 13, 1921 PRELUDE MUSIC The prelude and intermission music was provided by Jarom Lamb. INVOCATION The invocation was given by Father Edward Renner, St. Thomas Episcopal Church. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Ford. CITY ATTORNEY REPORT City Attorney Thorson stated that in accordance with the Brown Act, there was nothing to report from Closed Session. PRESENTATIONS/PROCLAMATI@ Mayor Lindemans proclaimed August 24, 1996 as "Kids Care Fair Day." Ann Kuss and Tomi Arborgast of Inland Valley Regional Medical Center thanked the Mayor and City Council for the proclamation and explained the services provided to the children of the community on "Kids Care Fair Day." Brian Loew, Executive Director of the Riverside County Habitat Conservation Agency, gave an overview of the future of the Riverside County Habitat Conservation Agency as it relates to multi-species as a whole. PUBLIC COMMENTS Wayne Hall, 42131 Agena, voiced his opposition to permitted uses for sale of pornographic materials and requested the City Council review its Adult Entertainment Ordinance. CITY COUNCIL REPORTS Councilmember Stone requested City Manager Bradley contact Murrieta City Manager to schedule a Joint Murrieta Creek Advisory Committee Meeting. He further requested a presentation on the "Right-to-Vote Initiative" be placed on a future agenda, to provide the City Council a public with a review of the initiative. Councilmember Ford invited the public to visit Old Town on Friday and Saturday night, explaining shops and restaurants are open and live entertainment is being performed. Mayor Lindemans announced the Navy has dedicated and named an airplane, "The City of Temecula" and stated a presentation will be made to the outgoing and incoming Navy Commanders, who live in the City of Temecula. Minutes\08\13\96 -2- 08/28/96 City Councol Minutes Auaust 13, 19U CONSENT CALENDAR City Clerk June Greek announced a minor modification on Consent Calendar Item No. 8, stating staff recommends deleting Recommendation No. 8.3, as it is no longer necessary. On Item No. 1 9, City Clerk Greek also noted a minor modification to the contract, agreed upon by both parties. Councilmember Stone stated he would abstain on Item No. 2. It was moved by Councilmember Stone, seconded by Mayor Pro Tem Birdsall to approve Consent Calendar Items 1-25, with Councilmember Stone abstaining on Item No. 2. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Ford, Stone, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts 1 . Standard Ordinance Adoption Procedure - 1.1Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2.Approval of Minutes 2.1Approve the minutes of July 9, 1996. 2.2 Approve the minutes of July 23, 1996. The motion carried as follows: AYES: 3 COUNCILMEMBERS: Birdsall, Ford, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts ABSTAIN: 1 COUNCILMEMBERS: Stone Minutes\08\1 3\96 -a- 08/28/96 City Council Minutes Auaust 13, 192& 3.Resolution Approvina List of Demands 3.1Adopt a resolution entitled: RESOLUTION NO. 96-99 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 June 30, 1996. 5.Increase in the City's Petty Cash Fund Limit 5.1Adopt a resolution entitled: RESOLUTION NO. 96-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA INCREASING THE "PETTY CASH" FUND TO $1,500 6.Authorization to Execute Aareements for the Use of 22nd Year Community Development Block Grant Funds 6.1Authorize the Mayor to execute the Supplemental Agreements for the 22nd Year Community Development Block Grant Funds. 6.2Authorize the City Manager to execute Sub-Recipient Agreements with the Emergency Food and Aid Program and Valley Intervention Program for Tots (VIP Tots) for administration of the 22nd Year Community Development Block Grant Funds. 7.Lease of Fire Equipment 7.1Approve a lease agreement with the County of Riverside for a 1995 Emergency One Fire Engine and one Chevrolet S-10 extended cab fleet side pick-up truck. Minutes\08\13\96 -4- 08/28/96 City Counc@l Minutes Auaust 13, 19afi 8.Combining Balance Sheet as of June 30, 1996 and the Statement of Revenues, Expenditures and Changes in Fund Balance, and the Statement of Revenues, Expenses and Chanaes On Retained Earninas for the Year Ended June 30, 1996 8.1Receive and file the Combining Balance Sheet as of June 30, 1996 and the Statement of Revenues, Expenditures and Changes in Fund Balance, and the Statement of Revenues, Expenses and Changes in Retained Earnings for the Year Ended June 30, 1996. 8.2Approve the transfers of $68,500 within the Police Department line item budget and $98,000 within the Fire Department line item budget. 9.Release Securities for Gradina and Erosion Control for PA95-0089 (Located northwesterly of Winchester Road at Jefferson Avenue) 9.1Authorize release of Certificates of Deposit submitted as grading and erosion control securities for PA95-0089 for the expansion of existing First Pacific National Bank parking lot at 4161 5 Winchester Road; 9.2Direct the City Clerk to release said securities to the developer-surety. 10.Substitute Subdivision Improvement Agreements and Public Improvement Bonds in Parcel Map No. 23496 (Located at the Northwesterly intersection of Ynez Road at Rancho California Road) 10.1Approve novation of the existing Subdivision Improvement Agreement; 10.2Authorize release of the existing subdivision securities identified; 10.3Accept the substitute Subdivision Improvement Agreement, substitute Securities, Traffic Signal Mitigation Agreement and Signal Mitigation Bond, for Parcel Map No.23496; 10.4Direct the City Clerk to so advise the Developer and Sureties. 11.Release Grading Securities in Tract No. 26861 (Located Southwesterly of intersection of Highway 79(S) at Margarita Road) 11.1Authorize the release of Grading Bonds in Tract No. 26861; 11.2Direct the City Clerk to so notify the Developer and Surety. Minutes\08\1 3\96 -5- 08/28/96 City Councel Menutes Auaust 13, 199& 12.Accept Public Improvements On Tract No. 24134-F (Located Northeasterly corner of Santiago Road at Margarita Road) 12.1Accept the Public Improvements in Tract No. 24134-F; 12.2Authorize the initiation of one-year warranty period, reduce the Faithful Performance Street, Drainage and Water and Sewer Bond amounts; 12.3Accept substitute bonds; 12.4Direct the City Clerk to so advise the Developer and Surety. 13.Accept Public Improvements in Tract No. 24134-3 (Located Northeasterly of the intersection of Santiago Road at Margarita Road) 13.1Accept the Public Improvements in Tract No. 24134-3; 13.2Authorize the initiation of the one-year warranty period, reduce the Faithful Performance Street, Drainage, and Water and Sewer Bond amount; 13.3Accept substitute bonds; 13.4Direct the City Clerk to so advise the Developer and Surety. 14.Acceptance of Public Streets into the City-Maintained Street System (Wothmn Tracts No. 24134-3 and 24134-F) Located Northeasterly of the intersection of Margarita Road at Santiago Road) 14.1Adopt a resolution entitled: RESOLUTION NO. 96-101 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. 24134-3 AND 24134-F) 1 5.Accept Public Improvements in Tract No. 24133-a (Located at the Northeasterly corner of Santiago Road at Margarita Road) 15.1 Accept the Public Improvements in Tract No. 24133-3; 15.2Authorize the initiation of the one-year warranty period, reduce the Faithful Performance Street, Drainage and Water and Sewer Bond amounts; 15.3Accept substitute bonds; and direct the City Clerk to so advise Developer and Surety. Minutes\08\1 3\96 -6- 08/28/96 Cuty Counc*l M*nutes Aucust 13, 199& 16.Accept Public Improvements in Tract No. 24133-2 (Located Easterly of the intersection of Santiago Road at Margarita Road) 16.1Accept the Public Improvements in Tract No. 24133-2; 16.2Authorize the initiation of the one-year warranty period, reduce the Faithful Performance Street, Drainage and Water and Sewer Bond amounts; 16.3Accept substitute bonds; 16.4Direct the City Clerk to so advise the Developer and Surety. 17.Acceptance of Public Streets Onto the City-Maintained Street System (Within Tracts No. 24133-2 and 24133-3) (Located Easterly of the intersection of Margarita Road at Santiago Road) 17.1Adopt a resolution entitled: RESOLUTION NO. 96-102 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. 24133-2 AND 24133-3) 18.Substitute Subdivision Improvement Aareement and Public Improvement Bonds for @ No. 23371 (Located at the Northeasterly intersection of Margarita Road at Rancho California Road) 18.1Accept the Substitute Subdivision Improvement Agreement and Faithful Performance and Labor and Material Bonds for Street and Storm Drain Improvements for Tract No. 23371; 18.2Direct the City Clerk to so advise the Developer and Surety. 19.Approve Aareement and Bond for Lona Valley Wash Maintenance Offsite to Tract No. 23371 (Located Northwesterly of Yukon Road at Rancho California Road) 19.1Accept the Improvement Agreement and Faithful Performance Bond for Maintenance Responsibilities for a portion of the "Long Valley Wash" offsite to Tract No. 23371-1; 19.2Direct the City Clerk to so advise the Developer and Surety. Minutes\08\1 3\96 -7- 08/28/96 City Council Minutes Auaust 13, 192 20.Acceptance of Public Streets into the City-Maintained Street System (Wathin Tracts No. 22716-4 and 22716-F (Located Northeasterly of the intersection of Meadows Parkway at Rancho Vista Road) 20.1Adopt a resolution entitled: RESOLUTION NO. 96-103 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. 22716-4 AND 22716-F) 21.Solicitation of Construction Bids, Approval of the Plans and Specifications an-d Approl2riation of Funds for Citywide Intelliaent Traffic Manaaement System - Phase 1. Proiect No. PW95-16 21.1Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit public construction bids for Project No. PW95-16, Citywide Intelligent Traffic Management System (ITMS) - Phase 1. 21.2Appropriate $70,000.00 from Development Impact Fees to the Capital Improvements project fund. 22.Award a Contract for Community Recreation Center Emeraency Generator Project No. PW95-02CSD 22.1Award a contract for the Community Recreation Center Emergency Generator Project No. PW95-02 to Rohm Construction, Inc. in the amount of $109,832.00 and authorize the Mayor to execute the contract. 22.2Authorize the City Manager to approve change orders not to exceed the contingency amount of $10,983.20 which is equal to 10% of the contract amount. 23.Contract Chanae Order No. 2 for Citywide P.C.C. Repairs, Project No. PW96-06 23.1Approve Contract Change Order No. 2 for Citywide P.C.C. Repairs, Project No. PW96-06, for an additional 53 L.F. of curb and gutter replacement. 24.Accept Public Iml2rovements in Tract No. 22716-F (Located Northeasterly of intersection of Meadows Parkway at Rancho Vista Road) 24.1Accept the public improvements in Tract No. 22716-F; 24.2Authorize reduction in Faithful Performance Bond amount to the warranty level for Street, Water and Sewer Improvements; 24.3Direct the City Clerk to so advise the several Developers and Sureties. Minutes\08\1 3\96 -8- 08/28/96 City Councal Monutes Auaust 13, 19n 25.Accept Public Improvements in Tract No. 2271E-A (Located Northeasterly of intersection of Meadows Parkway at Rancho Vista Road) 25.1Accept the Public Improvements in Tract No. 22716-4; 25.2Authorize reduction in Faithful Performance Bond amount to the warranty level for Street, Water and Sewer Improvements; 25.3Direct the City Clerk to so advise the several Developers and Sureties. RECESS Mayor Lindemans called a recess at 7:46 PM. The meeting was reconvened following the scheduled Community Services District Meeting, Redevelopment Agency Meeting and the Old Town/Westside Community Facilities Financing Authority Meeting, at 7:51 PM. PUBLIC HEARINGS 26.Adoptoon of a Habitat Conservation Ordinance for the Stevens Kanaaro@ Community Development Director Gary Thornhill presented the staff report. City Attorney Peter Thorson stated that just prior to tonight's meeting, he received a copy of the amendment that the County of Riverside adopted, and found that several changes were made, although they seem to be minor. Councilmember Ford expressed concerns about the findings and suggested this be adopted as an interim ordinance. Mayor Lindemans opened the public hearing at 7:59 PM. Hearing no requests to speak, Mayor Lindemans closed the public hearing at 7:59 PM. RECESS Mayor Lindemans called a brief recess at 8:00 PM to change the tape. The meeting was reconvened at 8:03 PM. City Attorney Thorson stated after conferring with Councilmember Ford, he recommends adopting both the urgency and permanent ordinance and bringing forward any necessary changes in the form of an amendment. Minutes\08\13\96 -9- 08/28/96 C'tv Council Minutes Auaust 13, 19a It was moved by Councilmember Stone, seconded by Councilmember Ford to approve staff recommendation 26.1 as follows: 26.1Adopt an urgency ordinance entitled: ORDINANCE NO. 96-16 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8.24 TO THE TEMECULA MUNICIPAL CODE ENTITLED "HABITAT CONSERVATION" ESTABLISHING NEW AND MODIFYING EXISTING REQUIREMENTS IN CONNECTION WITH THE MITIGATION OF DEVELOPMENT IMPACTS ON THE HABITAT OF THE STEPHEN'S KANGAROO RAT The motion was unanimously carried with Councilmember Roberts absent. It was moved by Councilmember Stone, seconded by Councilmember Ford to approve staff recommendation 26.2 as follows: 26.2Introduce and read by title only an ordinance entitled: ORDINANCE NO. 96-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8.24 TO THE TEMECULA MUNICIPAL CODE ENTITLED "HABITAT CONSERVATION" ESTABLISHING NEW AND MODIFYING EXISTING REQUIREMENTS IN CONNECTION WITH THE MITIGATION OF DEVELOPMENT IMPACTS ON THE HABITAT OF THE STEPHEN'S KANGAROO RAT The motion was unanimously carried with Councilmember Roberts absent.. COUNCIL BUSINESS 27.Count)4 Free Library Advisory Committee Appointment It was moved by Councilmember Stone, seconded by Mayor Pro Tem Birdsall to continue this item to the meeting of August 27, 1996. The motion was unanimously carried with Councilmember Roberts absent. 28.Appointment of Votina Rel2resentative for Leaaue of California Cities Conference It was moved by Councilmember Stone, seconded by Councilmember Ford to appoint Mayor Lindemans as the voting delegate and Mayor Pro Tem Birdsall as alternate to the League of California Cities Conference to be held October 13, through October 15, 1996. The motion was unanimously carried with Councilmember Roberts absent. Minutes\08\ 1 3\9 6 -10- 08/28/96 City Council Minutes Auaust 13, 1 SU 29.Community Services Funding Ad Hoc Sub-Commottee It was moved by Mayor Pro Tem Birdsall, seconded by Mayor Lindemans to appoint Councilmember Stone and Councilmember Ford to serve on an ad hoc subcommittee to review applications for the FY 1996-97 Community Services Funding Program. The motion was unanimously carried with Councilmember Roberts absent. CITY MANAGER'S REPORT City Manager Bradley reported the Department of Fish and Game has approved the City's use of a "rubber track" vehicle to clear the bottom of the Murrieta Creek of undergrowth. This will be completed at the City's expense prior to the rainy season. CITY ATTORNEY'S REPORT None given. ADJOURNMENT It was moved by Councilmember Stone, seconded by Councilmember Ford to adjourn at 8:15 PM to a meeting on August 27, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried with Councilmember Roberts absent. arel F. Lindemans, Mayor ATTEST: Jun"-Areek, CMC, CiCy-Clerk Minutes\08\13\96 08/28/96