HomeMy WebLinkAbout092397 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
HELD SEPTEMBER 23, 1997
;XFCUTIV; S;SSION
A meeting of the City of Temecula City Council was called to order at 5:30 PM. It was duly
moved and seconded to adjourn to Executive Session at 5:35 PM, pursuant to Government
Code Sections:
§54956.9(a), Conference with Legal Counsel - Existing Litigation, ~-ity of Temecula v.
~abriel et al.
§54956.9(c), Conference with Legal Counsel- Potential Utigation, two matters.
§54956.8, Real Property negotiations regarding Non-Disturbance and Attornment
Agreement between Agency, McDonald's Corporation and Dual Development for
leasehold property at Sixth and Front Street. Under consideration: terms of the
agreement.
§54956.9(a), Potential Litigation, Zonos v. City of Temecula.
§54956.8, Conference with Real Property Negotiator; Property: 26631 Ynez Rd;
Negotiating Parties: City of Temecula and Toyota of Temecula; Under negotiation: Terms
and conditions of development agreement.
The motion was unanimously carried. The Executive Session was adjourned at 7:25 PM.
A regular meeting of the Temecula City Council was called to order at 7:27 PM in the City
Council Chambers, 43200 Business Park Drive, Temecula, California. Mayor Pro Tem Roberts
presiding.
PRESENT 5
COUNCILMEMBERS: Ford, Lindemans, Roberts,
Stone, Birdsall
ABSENT: 0 COUNCILMEMBERS: None
Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk
June S. Greek.
PRFLUDF MUSIC
The prelude and intermission music was provided by Cathy Lamoureux.
INVOCATION
The invocation was given by Pastor Tim Buttrey, Temecula Valley Christian Center.
PLEDRE OF A! I ERIANCF
The audience was led in the flag salute by Councilmember Stone.
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City Council Minutes Seotember 23. 1997
PROC! AMATION/PRFSENTATIONS
Mayor Birdsall proclaimed the week of October 13, 1997, to be "Domestic Violence Awareness
Week." Mayor Pro Tern Roberts introduced Kathleen Newton, President of the Riverside Board,
and Board Members Carol Niles and Mary Eusey, who accepted the proclamation.
Mayor Birdsall presented Awards of Valor to Mark Christensen, Gary Benson and Stephen
Mcintosh, who assisted Mr. Thomas McHugh, a Temecula resident, during a recent traffic
accident.
John Jaquess, Manager Special Projects, WRCOG, gave a presentation on the status of the
electric restructuring issue and a recommended action plan prepared by a joint
WRCOG/SANDBAG Electric Restructuring Task Force.
PUBLIC COMMENTS
Jo Moulton, Executive Director, Temecula Valley Film Council - 27645 Jefferson Avenue,
#104A, on behalf of the Film Council, thanked the City Council and staff for their part in
making the Film Festival a success.
Bonnie and Arianna from Rancho Vista High School, invited the City Council to participate in
the 5K Drug Free Run and Walk on October 25, 1997, with registration opening 8:00 AM at
Rancho Vista High School. They also requested the fee be waived for this event.
Mayor Birdsall asked that the matter of waiving the fee for this event be placed on the meeting
of October 7, 1997.
CITY COUNCIl RFPORTS
Councilmember Ford thanked the Film Council for the wonderful event held last weekend. He
also announced the Leukemia Society Fund Raiser Dinner on October 10, 1997 and asked
anyone interested to contact him. Councilmember Ford said that Murrieta Creek is being
mowed and there have been requests from Homeowners' Associations to get permits on
Temecula Creek and Pechanga Creek.
Mayor Pro Tem Roberts announced the Cattle Barons' Ball for the American Cancer Society will
be held September 27th from 7:00 - 12:00 PM at Temeku Country Club. He also stated the
kick-off reception for Alternatives to Domestic Violence, will be held Friday, October 3 at
Temecula Crest Winery from 5:30 PM to 8:00 PM.
Mayor Pro Tem Roberts requested staff look into providing sand bags to the residents to help
them prepare for the anticipated El Nino conditions.
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Citv Council Minutes September 23. 1997
Councilmember Stone asked the staff to work cooperatively with the residents south of
Temecula Creek to get County and Federal permission to clear the Temecula Creek prior to the
expected winter storms. He also asked the City Attorney to look into and identify the most
stringent penalties that are allowed under the law for convicted perpetrators of "hate" graffiti.
He further requested staff give an update to the Council on activities from TEAM, the
apprenticeship model. Councilmember Stone asked the Council to attend the Riverside Division
of California League of Cities meeting, to be held September 24,1997.
Mayor Birdsall announced the annual Tractor Race will be held on October 3rd, 4th, and 5th,
and invited the public to attend.
CONSFNT CA! FNr3AR
City Clerk June Greek reported there was one request to speak on Item No. 13. Mayor Birdsall
removed Item No. 13 from the Consent Calendar for discussion.
Councilmember Lindemans registered a "no" vote on Item No. 19.
It was moved by Councilmember Stone, seconded by Councilmember Ford, to approve Consent
Calendar Items 1-12 and 14-20 as follows, with Councilmember Undemans voting "no" on Item
No. 19.
The motion carried as follows:
AYES: 5 COUNCILMEMBERS:
Ford, Lindemans, Roberts, Stone, Birdsall
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS:
None
1. Standard Ordinance AdoDtion Procedure
1.1
Motion to waive the reading of the text of all ordinances and resolutions included
in the agenda.
2. Minutes
2.1 Approve the minutes of August 26, 1997.
2.2 Approve the minutes of September 9, 1997.
3. Resolution Ai:)l;)roving list of Demands
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City Council Minutes Sentember 23. 1997
3.1 Adopt a resolution entitled:
RESOLUTION NO. 97-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING
CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
Accept Substitute Faithful Performance Securities for Parcel Maps No. 71797 and
23822 (Located on the Easterly side of Front Street Northerly of Rancho California Road)
4.1 Accept the substitute Faithful Performance Securities for minor Public
Improvements in Parcel Maps No. 21797 and 23822;
4.2 Authorize the release of the Faithful Performance Bonds;
4.3 Direct the City Clerk to so advise the Clerk of the Board of Supervisors,
Developer and Surety.
Accept Subdivision Iml~rovements in Tract No. 74133-1 (Located at the Northwesterly
corner of Meadows Parkway at Leena Way)
5.1 Accept the public improvements in Tract No. 24133-1;
5.2 Authorize initiation of the one-year warranty period, reduction of the Faithful
Performance Street and Drainage, and Water and Sewer security amounts, and
release of the Subdivision Monumentation and Traffic Signalization Mitigation
securities;
5.3 Direct the City Clerk to so advise the Developer and Surety.
Accel~tance of Public Streets into the City-Maintained Street -C~ystem (Within Tracts No.
74133-1.4 and F) (Located Northerly of the intersection of Montelegro Way at Pio Pico
Road)
6.1 Adopt a resolution entitled:
RESOLUTION NO. 97-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET
SYSTEM (WITHIN TRACTS NO. 24131-1, 4, AND F)
Accel~t Subdivision Iml~rovements in Tract No. 74133-4 (Located at the Northwesterly
corner of Meadows Parkway at Leena Way)
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Citv Council Minute. Sentember 23. 1997
10.
7.1 Accept the public improvements in Tract No. 24133-4;
7.2 Authorize initiation of the one-year warranty period, reduction of the Faithful
Performance Street and Drainage, and Water and Sewer security amounts, and
release of the Subdivision Monumentation and Traffic Signalization Mitigation
securities;
7.3 Direct the City Clerk to so advise the Developer and Surety.
Accept Subdivision Improvements in Tract No. :24133-F (Located at the Northwesterly
corner of Meadows Parkway at Leena Way)
8.1 Accept the public improvements in Tract No. 24133-F;
8.2 Authorize initiation of the one-year warranty period, reduction of the Faithful
Performance Street and Drainage, and Water and Sewer Security amounts, and
release of the Subdivision Monumentation and Traffic Signalization Mitigation
securities;
8.3 Direct the City Clerk to so advise the Developer and Surety.
Accept Substitute Warranty Rond in Tract No. :24134-:~ (Located at the Southeasterly
corner of Pauba Road at Margarita Road)
9.1 Accept the substitute Faithful Performance Warranty Bond for Public
Improvements in Tract No. 24134-2;
9.2 Authorize the release of the Faithful Performance Warranty Bond on file;
9.3 Direct the City Clerk to so advise the Developer and Sureties.
Parcel Map No. :~8544 (Located on the North side of Rancho California Road between
Moraga Road and Lyndie Lane)
10.1 Approve Parcel Map No. 28544 in conformance with the Conditions of Approval.
11.
"All- Way Stop" at Corte Mendoza at Camino Romo and "No Parking" 7one on the Fast
side of Camino Romo. South of Corte Mendoza
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Cit~ Council Minutes Sentember 23. 1997
11.1
11.2
Adopt a resolution entitled:
RESOLUTION NO. 97-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ESTABLISHING A 'STOP' LOCATION ON CORTE MENDOZA AT CAMINO ROMO
Adopt a resolution entitled:
RESOLUTION NO. 97-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ESTABLISHING A 'NO PARKING" ZONE ON THE EAST SIDE OF CAMINO ROMO
SOUTH OF CORTE MENDOZA
12.
Award of Professional Services Agreement to RI Tran System. Inc. for the r~esign of a
Communication Software and Purchase of Corn,outer F;luil~ment for Implementation of
the Citywide Intelligent Traffic Management System. Project No. PW95-16
12.1
Approve and authorize the Mayor to sign the Professional Services Agreement
between the City of Temecula and BI Tran System, Inc. for the design of
communication software and purchase of computer equipment for
implementation of the Citywide Intelligent Traffic Management System (ITMS),
Project No. PW95-16, for an amount not to exceed $85,000.00
12.2 Advance funds in the amount of $85,000.00 from Development Impact Fees to
the Capital Improvement Project Fund.
12.3 Appropriate $10,277.00 from Capital Project Reserves.
14.
Professional Services Agreement with Parsons Rrinckerhoff C~uade and ~ouglas. Inc. for
the Southbound I=xit Ramp Widening at 1-15/Winchester Road. Project No. PW97-03
14.1
Approve the Professional Services Agreement between the City of Temecula and
Parsons Brinckerhoff Quade and Douglas, Inc. for the design of the Southbound
Exit Ramp Widening at 1-15/Winchester Road, Project No. PW97-03, for
$109,738, and authorize the Mayor to execute the contract;
14.2
Authorize the City Manager to approve change orders not to exceed the
contingency amount of $10,974.00 which is equal to 10% of the contract
amount.
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Citv Council Minutes Sentember 23. 1997
15.
16.
17.
18.
Amendment No. I to the ~Cool~erative Agreement between the City of Temecula and
the Redevelol~ment Agency of the City of Temecula for Construction and Funding of
Winchester Road at Interstate 15. Rridge Widening and Northbound Raml~ Iml~rovements
(Project No. PW94-? 1)" dated February 11. 1997
15.1
Approve Amendment No. I to the Cooperative Agreement between the City of
Temecula and the Redevelopment Agency of the City of Temecula for
construction and funding of Winchester Road at Interstate 15, Bridge Widening
and Northbound Ramp Improvements (Project No. PW94-21);
15.2 Authorize the Mayor to execute Amendment No. I to the Cooperative Agreement
on behalf of the City in substantially the form attached to the Agenda Report.
Purchase of City Vehicles
16.1 Approve the purchase of two (2) 1998 Chevy S-10 extended cab pick-up trucks
from Paradise Chevrolet, Temecula, California, in the amount of $34,592.06.
Donation to the r~iana. Princess of Wales Memorial Fund
17.1 Approve the expenditure of $100 for donation to the Diana, Princess of Wales
Memorial Fund.
Professional Service Agreements Related to Community Facilities r~istrict (CFTC) No. 88-
1~ (Ynez Corridor) 1997 Series Bonds
18.1
Approve and authorize the Mayor to sign an agreement with Bruce W. Hull &
Associates, Inc. For an appraisal of certain properties within CFD 88-12 for an
amount not to exceed $25,000;
18.2
Approve and authorize the Mayor to sign an agreement with Fieldman, Rolapp
and Associates to serve as financial advisor on the CFD 88-12 bond financing in
an amount not to exceed $51,000.
19.
Second Reading of Ordinance No. 97-16. Nighttime Curfew for Minors
19.1 Adopt an ordinance entitled:
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Ciw Council Minutes Seroember 23. 1997
ORDINANCE NO. 97-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA RELATING
TO CURFEWS FOR MINORS AND AMENDING THE TEMECULA MUNICIPAL CODE
The motion carried as follows:
AYES: 4
NOES:
ABSENT:
COUNCILMEMBERS:
I COUNCILMEMBERS:
0 COUNCILMEMBERS:
Ford, Roberts, Stone, Birdsall
Lindemans
None
20.
Final Reading of Ordinance No. 97-13. Amending PFRS Contract
20.1 Adopt an ordinance entitled:
ORDINANCE NO. 97-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF
THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) AND THE CITY
COUNCIL OF THE CITY OF TEMECULA
13.
Professional Services Agreement - City of Temecula and Riverside County Flood Control
and Water Conservation District Mowing of Murrieta Creek
Public Works Director Joe Kicak presented the staff report.
Jeannie Gillen, 30195 Del Rey Road, spoke in support of the agreement and requested
the City to encourage Riverside County to consider sedimentation removal under the
Rancho California Bridge and the Main Street Bridge.
It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Ford, to approve
staff recommendation with direction to staff to forward a letter to the County of
Riverside encouraging them to undertake additional removal of silt and sand from the
creek bottom.
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City Council Minutes Se=temher 23. 1997
13.1
Approve the Professional Services Agreement between the City of Temecula and
the Riverside County Flood Control and Water Conservation District for mowing
of the privately owned portions of Murrieta Creek within the City of Temecula.
The motion was unanimously carried.
RECESS
Mayor Birdsall recessed the City Council Meeting at 8:33 PM to accommodate the previously
scheduled Community Services District and Redevelopment Agency Meeting. The meeting
was reconvened at 9:00 PM.
PUBLIC HEARINGS
21. Develol;)ment Code Amendment No. 3. Planning ADl~lication No. PA97-0036
Senior Planner Dave Hogan presented the staff report.
Mayor Birdsall opened the public hearing at 9:04 PM. Having no requests to speak,
Mayor Birdsall closed the public hearing at 9:04.
It was moved by Councilmember Lindemans, seconded by Councilmember Ford, to
approve staff recommendations 21.1 and 21.2 as follows:
21.1 Approve a Categorical Exemption pursuant to Section 15061(b)(c) of the
California Environmental Quality Act Guidelines.
21.2 Read by title only and introduce an ordinance entitled:
ORDINANCE NO. 97-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE THE
APPROVAL AUTHORITY TABLE, CHANGE PUBLIC HEARING REQUIREMENTS
FOR CONDITIONAL USE PERMITS, REQUIRE CONDITIONAL USE PERMITS FOR
RECREATIONAL VEHICLE STORAGE YARDS IN CERTAIN RESIDENTIAL ZONING
DISTRICTS, INDOOR SWAP MEETS IN CERTAIN COMMERCIAL AND
INDUSTRIAL ZONING DISTRICTS, AND AUTOMOBILE OIL CHANGE/LUBE
SERVICES IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS, TO
DELETE THE REQUIREMENT FOR A CONDITIONAL USE PERMIT FOR MASSAGE
ESTABLISHMENTS AND PERMIT THEM IN CERTAIN ZONING DISTRICTS, PERMIT
GREATER SETBACK ADJUSTMENTS FOR RESIDENTIAL CUL-DE-SAC LOTS,
ESTABLISH MOTORCYCLE PARKING SPACE DIMENSIONS, ESTABLISH SELF-
STORAGE/MINI-WAREHOUSE STANDARDS, AND OTHER MINOR
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City Council Minutes Sentember 23. 1997
CLARIFICATIONS TO THE DEVELOPMENT CODE {PLANNING APPLICATION
PA97-0036)
The motion was unanimously carried.
COUNCIl RUSINFSS
Mayor Birdsall announced that Items 22 and 23 would be removed from the agenda (off
calendar), at the request of staff.
22.
Abandonment Regarding Remainder. First Street Realignment and I=xtension Project.
Rabriel Property Iocated at First and Front Streets
23.
Proposed Resolution of Necessity for Slope !=asement and Temporary Construction
Fasement. First Street Realignment and Fxtension Project. Rabriel Property
24.
Ordinance Amending Municipal Code Regarding Prima Facie Speed limits on Certain
Streets
Public Works Director Joe Kicak presented the staff report.
Mayor Birdsall asked if she needed to abstain on this item because she rents a building
on one of these streets. City Attorney Thorson ruled she does not have a conflict of
interest and may participate.
It was moved by Councilmember Stone, seconded by Councilmember Ford, to approve
staff recommendation as follows:
24.1 Read by title only and introduce an ordinance entitled:
ORDINANCE NO. 97-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
AMENDING SECTION 10.28.010(d) OF THE TEMECULA MUNICIPAL CODE
REGARDING PRIMA FACIE SPEED LIMIT ON 1) PIO PICO ROAD BETWEEN DE
PORTOLA ROAD AND MARGARITA ROAD, 2) PREECE LANE WEST OF YNEZ
ROAD, 3) DEL RIO ROAD BETWEEN FRONT STREET AND VIA MONTEZUMA, 4)
WALCOTT CORRIDOR BETWEEN LA SERENA WAY AND NICOLAS ROAD
The motion was unanimously carried.
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__ City Council Minutes Sentember 23. 1997
25.
Recreational Vehicle Storage in Residential 7ones
Community Development Director Gary Thornhill presented the staff report.
Mayor Birdsall stated she feels the City should not assume additional responsibility for
Homeowners Association CC&R's.
Councilmember Stone asked if other cities have been contacted to see how they address
this issue.
Community Development Director Gary Thornhill stated the vast majority of cities do not
get into strong regulation of these issues.
City Manager Ron Bradley explained the basic underlying authority on this issue is the
California Vehicle Code whose provisions prevent long-term parking on public streets.
He stated there are cities who adopt more stringent codes.
It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Ford to assume
no additional responsibility for enforcement of Home Owners Association CC&R's and
to direct Code Enforcement not to enforce Section 17.24.020(f) and Section
17.24.050(I).
Community Development Director Gary Thornhill, explained that the language on
17.24.050(I) was meant to address vehicles being parked on front lawn areas, and
suggested the motion be amended to come back with language that addresses this more
clearly.
Mayor Pro Tem Roberts amended his motion, and Councilmember Ford amended his
second to also direct that the matter of enforcement for vehicles parked in front lawn
areas will continue to be vigorously pursued under the City zoning codes and applicable
government code sections, until such time as language can be clarified.
The motion carried with Councilmember Stone abstaining, stating he would like to have
more information before voting on this matter.
26.
City Council Meeting Schedule - October. November and December 1997
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City Council Minutes September 23. 1997
It was moved by Councilmember Ford, seconded by Councilmember Lindemans, to
approve the following dates for City Council Meetings in October, November, and
December 1997:
Month 1st Meeting ?nd Meeting
October
November
December
Tuesday, October 7
Tuesday, November 18
Tuesday, December 9
Tuesday, October 28
Tuesday, November 25
Tuesday, December 16
The motion was unanimously carried.
CITY MANAGER'S REPORT
None given.
CITY ATTORNEY'S REPORT
City Attorney Thorson reported the City Council gave direction regarding litigation in real estate
matters, however no final actions were taken.
ADJOURNMENT
It was moved by Councilmember Lindemans, seconded by Mayor Pro Tem Roberts to adjourn
at 9:38 PM to a regular meeting on October 7, 1997, 7:00 PM, City Council Chambers, 43200
Business Park Drive, Temecula, California. The motion was unanimously carried.
Patricia H. Birdsall, Mayor
ATTEST:
CMC/AAE
City Clerk
[SEAL]
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