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HomeMy WebLinkAbout092496 CC Minutes MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD SEPTEMBER 24, 1996 EXECUTIVE SESSIOEI A meeting of the City of Temecula City Council was called to order at 5:45 PM. It was moved by Councilmember Roberts, seconded by Mayor Pro Tem Birdsall to adjourn to Executive Session at 5:45 PM, pursuant to Government Code Sections: 1 . 54956.9(a), Conference with Legal Counsel - Existing Litigation, Zonos v. City of Temecula 2.54956.9(b), Conference with Legal Counsel - Anticipated Litigation, one matter. 3.54956.9(c), Conference with Legal Counsel - Consideration of filing litigation, one matter. 4.54956.8, Conference with Real Property Negotiator, concerning negotiation of price and terms of acquisition of temporary construction and slope easements adjacent to the properties: a. 28496 Pujol Street (APN 933-064-066); negotiating parties are Temecula Redevelopment Agency ("Agency") and Great Western Bank. b. 28497 and 28485 Pujol Street (APN 922-054-016 and 020); negotiating parties are "Agency" and Federal Deposit Insurance Corporation ("FDIC). c. 28559 and 28565 Pujol Street (APN 922-054-018 and 019); negotiating parties are "Agency" and FDIC. d. 28747 Puiol Street (APN 022-062-020) and approximately seven acres at the southwest corner of Pujol and First South (APN 922-260-015, 024 and 027); negotiating parties are City and Temecula Redevelopment Agency and R.A. and C.E. Normandin. e.Approximately 1.5 acres at the Southeast corner of Pujol and First Streets (APN 922- 100-003);negotiating parties are City and Temecula Town Association. f.Approximately .1 9 acres at the north east corner of First Street and Front Street (APN 922-072-012); negotiating parties are City and Mason, Marshburn. g. Approximately 4.48 acres at the east side of Front, south of Santiago Road (APN 922-091-003); negotiating parties are City and Matthews et al. h. Approximately 1.7 acres on the south side of First Street, east of Pujol Street (APN 922-100-01 7) and approximately 1.4 acres at southwest corner Front and First (APN 922-1 00- 01 8); negotiating parties are City and Richard and Marilyn Gabriel. 1. Approximately 275 fee west of Front Street, Temecula, CA, (APN 922-110-032); negotiating parties: City of Temecula and Electrend Inc. j. West side of Front Street, west of Interstate 15, Temecula (APN 922-110-005); negotiating parties: City of Temecula and Margarita Canyon LLC. k. West side of Front Street, at intersection of Intersection 1 5, Temecula (APN 922- 1 10-047); negotiating parties: City of Temecula and Margarita Canyon LLC. 1.South side of Rancho California Road, west of Kathleen Way, Temecula (APN 940- 310-014);negotiating parties: City of Temecula and Kennedy, Brian & Drake. m.South side of Rancho California Road, west of Kathleen Way, Unincorporated RiversideCounty (APN 940-030-003); negotiating parties: City of Temecula and Barragan. 5. 54956.8, Conference with Real Property Negotiator: Property: Approximately 6.22 acres at Northwest corner of Diaz Road and Rancho California Road (APN 921-020-071) and portions thereof; Negotiating Parties: KRDC, Inc. and the City of Temecula; under negotiation: price and terms of payment. Minutes\09\24\96 10/23/96 C*tv Counc*l Minutes September 24, 1996 The motion was unanimously carried. A regular meeting of the Temecula City Council was called to order at 7:02 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, City Attorney Peter M. Thorson, and City Clerk June S. Greek. PRELUDE MUSIC The prelude and intermission music was provided by Tanner Palmer. INVOCATION The invocation was given by Associate Pastor Mike Patton, Southwest Christian Church. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Mayor Pro Tem Birdsall. CITY ATTORNEY REPORT City Attorney Thorson reported on action taken in Closed Session. He reported one matter of potential litigation, Settlement Agreement with Riverside County for Development Fees, was approved. He announced the terms and a copy of the agreement will be available for the public. Secondly, he reported that in the matter Zonos vs. City of Temecula, a potential settlement was discussed. City Attorney Thorson recommended that the Zone Change regarding this property, Item No. 21, be continued, and staff and the City Council meet with neighbors and the applicant to resolve this matter. Councilmember Roberts reported he has been in contact with several surrounding residents who are in opposition to the sale of alcohol at this site in an attempt to work out an agreement with the two owners of the property. Item No. 21 was removed from the agenda by City Council Consensus. City Attorney Thorson stated another public hearing on this matter will be properly noticed prior to coming before the City Council. Minutes\09\24\96 -2- 10/23/96 City Council M*nutes September 24, 1996 City Attorney Thorson also reported on Closed Session Item No. 4, concerning negotiation of price and terms of acquisition of temporary construction and slope easements adjacent to the properties, stating that just compensation was approved for the following properties: d) 28747 Pujol Street (APN 022-0062-020) and approximately seven acres at the southwest corner of Pujol and First South (APN 922-260-01 5, 024 and 027); e) Approximately 1.5 acres at the southeast corner of Pujol and First Streets (APN 922-100- 003); g) Approximately 4.48 acres at the east side of Front, south of Santiago Road (APN 922-091- 003); h)Approximately 1.7 acres on the south side of First Street, east of Pujol Street (APN 922-1 00- 017) and approximately 1.4 acres at southwest corner Front and First (APN 922-100-018); Hereported that under the provisions of the Brown Act, there was nothing further to report from Closed Session. PRESENTATIONS/PROCLAMATIQNa Mayor Lindemans proclaimed the week of October 6, 1996, to be "Mental Illness Awareness Week". Grace Rose, representing Temecula Mental Health, thanked the City Council for the proclamation. PUBLIC COMMENTS Thom Pennacchio, 31335 Cala Carrasco, requested the public hearing regarding the zone change be noticed in all three local newspapers, one week prior to the hearing. He also requested this zone change be on the Council agenda prior to the election. Mike Egler, 31300 Cala Carrasco, commented on the newspaper article in the Press Enterprise, September 18, 1996, where he was misquoted. He stated the paper reported the name of the organization as "Concerned Citizens Against Commercial Development", and it should be "Concerned Residents Against Commercial Development of the Strip Mail at Margarita and Pauba." CITY COUNCIL REPORTS Councilmember Ford reported on the progress of the RCHCA. He also stated that the Murrieta Creek Advisory Committee is moving forward and progress is being made. He said that the work clearing out the creek should be completed by October 15, 1996. Councilmember Roberts reported on the Vintages and Vinegar Awards Program, stating that the City of Temecula received two Vintage Awards, one for the Annexation Guidelines Checklist and one for the Temecula Skateboard Park. Minutes\09\24\96 -3- 10/23/96 Cmtv Councol M*nutes September 24, 1996 CONSENT CALENDAR Councilmember Stone requested the August 27, 1996 minutes be amended on page eight, third Paragraph, changing August 24, 1996 to April 24, 1996. He also requested a change to the minutes of September 10, 1996, Page 9, first paragraph, changing Councilmember Stone to Councilmember Ford. Mayor Lindemans announced that Item 15 would be removed from the Consent Calendar for separate action. It was moved by Councilmember Stone, seconded by Councilmember Roberts to approve Consent Calendar Items 1-14 and 16-20. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Ford, Stone, Roberts, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 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 August 27, 1996. 2.2Approve the minutes of September 10, 1996. 3.Resolution Approving List of Demands 3.1Adopt a resolution entitled: RESOLUTION NO. 96-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Minutes\09\24\96 -4- 10/23/96 Coty Council M*nutes September 24, 1996 4.Aareement for Banking Services 4.1Award a contract for banking services to Union Bank of California for a term of four (4) years. 4.2Authorize the City Manager and City Attorney to execute all necessary agreements 4.3Adopt a resolution entitled: RESOLUTION NO. 121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY OF TEMECULA TO APPLY FOR A MASTERCARD THROUGH UNION BANK OF CALIFORNIA 5.Release Subdivision Monumentation Bond in Tract No. 217 0 (Located Northwesterly of intersection of Ynez Road and Santiago Road) 5.1Authorize release of the Subdivision Monumentation Bond in Tract No. 21760; 5.2Direct the City Clerk to so notify the Developer and Surety. 6.Release Subdivision Monument Security in Tract No. 24133-2 (Located Easterly of the intersection of Santiago Road at Margarita Road) 6.1Authorize release of Subdivision Monumentation Security in Tract No. 24133-2; 6.2Direct the City Clerk to so advise the Developer and Surety. 7.Local Agency - State Aareement No. 08-5459, Supplement No. 9 7.1Adopt a resolution entitled: RESOLUTION NO. 96-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PROGRAM SUPPLEMENT NO. 009 TO THE LOCAL AGENCY/STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR STATE PROJECT NUMBER CMLN-5489 (006), TRAFFIC SIGNAL INTERCONNECT ON RANCHO CALIFORNIA ROAD, YNEZ ROAD, WINCHESTER ROAD, MARGARITA ROAD, AND JEFFERSON AVENUE Minutes%09\24\96 -5- 10/23/96 City Counc*l Mhnutes September 24, 1996 Cooperative Aareement No. AG5J5000051 - Replacement of Pala Road Bridge - Modification No. One (11 8.1Approve Cooperative Agreement No. AG5J5000051, Replacement of Pala Road Bridge, Modification No. One (1), increasing the participation by United States Department of Interior, Bureau of Indian Affairs - from $4,498,569.00 to $6,036,569.00 an increase in the grant amount of $1,538,000.00. 9.Joint Fundona Agreement - City of Temecula and the County of Riverside - Interstate 15/H*ahway 79(S) Interchanae 9.1Approve the Joint Funding Agreement between the City of Temecula and County of Riverside for the reconstruction of the 1-1 5/Highway 79(S) interchange providing for participation by the County of Riverside in the amount of $2,800,000.00 and City of Temecula in the amount of $1,200,000.00 and authorize the Mayor to sign the agreement. 10.Joint Fundina Agreement - City of Temecula and the County of Riverside Pala R@ Bridae/Sewer 10.1Approve the Joint Funding Agreement - (Pala Road Bridge/Sewer) between the City of Temecula and County of Riverside providing for participation by the County of Riverside in the amount of $221,867.09 and the City of Temecula in the amount of $1 87,81 7.09 for a total cost of $409,684.1 8 to cover the cost of Environmental Studies, and authorize the Mayor to sign said agreement. 11.Completion and Acceptance of the Rancho California Road and Santa Cecilia Drivp, Sidewalk Pro,ject No. 5. PW95-25 11.1Accept the Rancho California Road and Santa Cecilia Drive Sidewalk Project No. 5, PW95-25, as complete; 11.2File the Notice of Completion, release the Performance Bond, and accept a one (1)year Maintenance Bond in the amount of 10% of the contract; 11.3Release the Materials and Labor Bond seven (7) months after the filing of the notice of Completion if no liens have been filed. 12.Completion and Acceptance of the Construction of FY95-96 Cotywide P.C.C. Repairs, Proiect No. PW96-06 12.1Accept the construction of the FY95-95 Citywide P.C.C. Repairs, Project No. PW96-06. 12.2File the Notice of Completion, release the Performance Bond, and accept a one (1 year Maintenance Bond in the amount of 10% of the contract; Minutes\09\24\96 -6- 10/23/96 C*tv Counc*l Minutes Set)tember 24, 1996 12.3Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion if no liens have been filed. 13.Professional Geotechnical Services Contract with Geotechnical and Environme@ Enaineers, Inc., for Proiect No. PW95-2gr City Maintenance Facility 13.1Award a contract for Professional Geotechnical Services for Project No. PW95- 29, City Maintenance Facility to Geotechnical & Environmental Engineers, Inc. (GEE) for $32,323.00 and authorize the Mayor to execute the agreement; 13.2Authorize the City Manager to approve change orders not to exceed the contingency amount of $3,232.30, which is equal to 10% of the contract amount; 13.3Appropriate $35,555.30 from Development Impact Fees (DIF) - Public Facilities to the City Maintenance Facility Capital Project Account No. 210-190-144-5804. 14.Contract Amendment No. 1 to Eng 6 neerina Services Contract with McDaniel Engineering Company, for Winchester Road at Interstate Route 1 5 - Bridge W*denona md Northbound Raml2 Improvements, Project No. PW94-21 14.1Approve Contract Amendment No. 1 to McDaniel Engineering Company, Inc. Agreement to provide additional engineering services for the Winchester Road Interchange Project No. PW94-21. 16.Award of Construction Contract for Traffic Sianal Interconnect, Phase I - Progect PW95-16 16.1Award a contract for Project No. PW95-16 Traffic Signal Interconnect, Phase 1, Project No. PW95-16 to Building Energy Consultants in the amount of $69,350.00 and authorize the Mayor to execute the contract. 16.2Authorize the City Manager to approve change orders not to exceed the contingency amount of $6,935.00 which is equal to 10% of the contract amount. 17.Award a Contract to Overia)( Pala Road at Hwy 79(S) 17.1Award a contract to NPG Corporation in the amount of $22,709.00 for the removal and replacement of 1,222 Sq. Ft. of A.C., 23,700 Sq. Ft. A.C. Overlay and 3,795 Sq. Ft. of A.C. leveling course at bridge deck on Pala Road and Hwy. 79(S). Minutes\09\24\96 -7- 10/23/96 C4tv Council Monutes September 24, 1996 1 8. Contract for Citizen Oponion Survey 18.1Approve the contract with The Resource Group (TRG) to conduct a citizen opinion survey. 18.2Appropriate $13,000 from the General Fund fund balance to account number 001-1 10-999-5248 to fund this contract. 19.Lease of City Owned Propert)l at 27612 Jefferson Avenue 19.3Approve the lease between the City of Temecula and the Pumpkin Factory for use of City property at 27612 Jefferson Avenue. 20.Cit)l Hall Modification - Change Order 20.1Approve Change Order No. 8 in the amount of $75,000 to complete the necessary tenant improvements for the new City Hall facility. 20.2Appropriate $45,000 from Development Impact Fees (DIF) - Public Facilities to the City Hall Construction Project Account. 20.3Approve contract amendment of $9,000 to Pacific Business Interiors for furniture, files and work station modifications for the new City Hall facility. 15.Approve Plans and Specifications and Award of Construction Contract for the FY 96-97 Annual Slurry Seal Project, Project No. PW96-11 City Manager Bradley distributed lots to Councilmembers Ford, Roberts, Mayor Pro Tem Birdsall and Mayor Lindemans, due to a potential conflict of interest on this item. Mayor Pro Tem Birdsall and Councilmember Roberts were selected to participate and vote on this item and Councilmember Ford and Mayor Lindemans stepped down from the dias. It was moved by Councilmember Stone, seconded by Councilmember Roberts to approve staff recommendation as follows: 15.1Approve the Plans and Specifications for the FY96-97 Annual Slurry Seal Project, Project No. PW 96-1 1. 15.2Award a contract for Project No. PW96-1 1, FY96-97 Annual Slurry Seal Project, to California Pavement Management for $240,985.06 and authorize the Mayor to execute the contract. 15.3Authorize the City Manager to approve change orders not to exceed the contingency amount of $24,098.51 which is equal to 10% of the contract amount. Minutes\09\24\96 10/23196 City Councffil Mlnutes September 24, 1996 The motion carried as follows: AYES: 3 COUNCILMEMBERS: Birdsall, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 2 COUNCILMEMBERS: Ford, Lindemans RECESS Mayor Lindemans called a recess at 7:34 PM. The meeting was reconvened following the scheduled Community Services District Meeting, the Redevelopment Agency Meeting and the Old Town/Westside Community Facilities District Financing Authority Meeting. PUBLIC HEARINGS 21.General Plan Land Use Map Amendment No. 2 and Zonana Map Amendment N@ (PA96-004al This item was continued to a date to be established by the Community Development Director and City Attorney. It was approved by unanimous consensus. 22.1996/97 Community Service Fundina Request Recommendations Finance Director Genie Roberts presented the staff report. Maryann Edwards, 43675 El Faro Place, representing the Assistance League of Temecula Valley, thanked the City Council for their support and summarized the organization's activities over the past year. She explained that the additional request for funds is for the Building Fund. Councilmember Ford asked Ms. Edwards to give the location of the Assistance League Thrift Shop, so the community could support their efforts. She gave the address and phone number as follows: 2764 Commerce Center Drive, 694-8018. Jerrold Novatney, 37433 Avenida Chapaln, representing the Arts Council of the Temecula Valley, thanked the City Council and staff for their support. He asked that the City Council consider some other means of support for the Arts Council, stating that the funding has gone down every year and many cities fund the Arts through other means, such as allocating a portion of Hotel Tax funds. Minutes\09\24\96 -9- 10/23/96 Coty Counc*l Minutes Sei)tember 24, 1996 Buel Pettit, representing the Senior Citizen Service Center of the Temecula - Rancho Area, Inc., stated that he is not a paid employee and does not receive compensation for his services to the Senior Citizen Service Center. Linda Frederickson, 31555 Rancho Vista Road, representing Temecula Valley High School PTSA, requested the City Council re-consider funding this organization, since no funding has been recommended by the ad-hoc committee. RECESS Mayor Lindemans called a brief recess at 8:00 PM to change the tape. The meeting was reconvened at 8:01 PM. Merrill J. Brinton, 43659 Buckeye Road, representing the Temecula Hoopster Boosters, requested that the City Council consider funding this organization. Mayor Lindemans asked one of the youth members of the organization, Josh Orasco, what funding raising efforts he has participated in. Josh responded that the Hoopsters have sold sodas, participated in the Balloon and Wine Festival, the Carnival at the Embassy Suites and have solicited support from local businesses. It was moved by Councilmember Stone, seconded by Councilmember Roberts to approve staff recommendation as originally presented, noting the abstentions of Councilmember Stone on recommendations regarding Episcopal Community Services and Ramona VNA & Hospice. The motion was unanimously carried. 23.Old Town Redevelopment Advisory Committee Appointment Councilmember Stone announced an abstention on the item and stepped down from the dias. City Clerk/Director of Support Services June Greek presented the staff report. It was moved by Councilmember Roberts, seconded by Councilmember Birdsall to appoint Raymond Crisp to serve an unexpired term to last through September 26, 1999. The motion was unanimously carried with Councilmember Stone abstaining. CITY MANAGER'S REPORT None given. Minutes\09\24\96 -10- 10/23/96 City Council Minutes September 24. 1996 CITY COUNCIL REPORTS Councilmember Roberts requested that the Community Services Funding criteria be reevaluated. Council consensus was obtained. CITY ATTORNEY'S REPORT None given. ADJOURNMENT It was moved by Councilmember Stone, seconded by Mayor Pro Tem Birdsall to adjourn at 8:23 PM to a regular meeting on October 8, 1995, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Mayor ATTEST: June(S.@k, CMC, City Minutes\09\24\96 -11- 10/23/96