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HomeMy WebLinkAbout032597 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECUI. A CITY COUNCIL HELD MARCH 25, 1997 FXI=CUTIV; Sr:SSION A meeting of the Temecula City Council was called to order at 6:32 PM with Councilmember Stone absent. It was moved by Councilmember Lindemans, seconded by Councilmember Ford, to adjourn to Executive Session at 6:33 PM, pursuant to Government Code Sections: 1. §54945.8, Conference with Real Property Negotiator; Property: Portions of APN 922-010- 017, First Street, Temecula; Negotiating Parties: City of Temecula and Richard and Marilyn Gabriel; Under negotiation: Price and terms of purchase. 2. §54956.9(a), Conference with Legal Counsel- Existing Litigation, Strachota Insurance v. City of Temecula, et. al. The motion was unanimously carried, with Councilmember Stone absent. The Executive Session was adjourned at 6:55 PM. A regular meeting of the Temecula City Council was called to order at 7:03 PM at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Mayor Birdsall presiding. PRESENT 4 COUNCILMEMBERS: Ford, Lindemans, Roberts, Birdsall ABSENT: 1 COUNCILMEMBERS: Stone Also present were Assistant City Manager Mary Jane McLarney, City Attorney Peter M. Thorson, and City Clerk June S, Greek. PRELUDE MUSIC The prelude and intermission music was provided by John Langdon, Jr. INVOCATION The invocation was given by Reverend John R. Chambers of Grace Presbyterian Church. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Roberts. PROCLAMATION/PRESENTATIONS Mayor Birdsall proclaimed March 30 - April 5, 1997 as "National Records and Information Management Week." Minutes\03/25/97 - 1 - 04/09/97 Citv Council Minutes March 25. 1997 Mayor Birdsall proclaimed April 11, 1997 as "California First Legislative Leadership Summit Day." Mayor Pro Tem Roberts and Councilmember Ford presented Special Achievement Awards and travel funds to student representatives who will be visiting Voorburg, Holland and Nakayama, Japan, Temecula's sister cities. Mayor Birdsall called a recess at 7:15 PM to allow photographs of the students. The meeting was reconvened at 7:21 PM. CITY ATTORNEY RFPORT City Attorney Thorson stated in accordance with the provisions of the Brown Act, there was nothing to report from Closed Session. PUBLIC COMMENTS Wayne Hall, 42131 Agena, representing the American Red Cross, reported the Red Cross will be giving CPR, Heimlich maneuver, and first aid classes to all interested citizens. Councilmember Lindemans asked the City Council to send a letter to the Temecula Valley Unified School District requesting CPR and the Heimlich maneuver be taught to students. Sam Pratt, 40470 Brixton Cove, suggested a joint venture to construct the Old Town Opera House along with the necessary infrastructure. Ed Dool, Temecula Stage Stop, gave an update on the proposed commuter service to San Diego and introduced Mark Hopkins, new terminal manager for Greyhound Bus Lines. Darryl Drott, 31907 Leigh Lane, urged citizens to attend the public hearing for the proposed development at the Margarita and Pauba Roads intersection, to be held at the April 22, 1997 City Council meeting; or to make their concerns known by calling the City of Temecula's hotline number- (909) 694-6465. CITY COUNCIl REPORTS Councilmember Ford reported the Murrieta Creek Advisory Committee's next meeting is Thursday, April 24, 1997, 10:00 AM, at the Murrieta City Council Chambers and the Corps of Engineers will give a presentation regarding their reconnaissance study. Councilmember Ford requested the proposed Western Bypass Phase 2 be placed on a future agenda to establish policy for the various City departments. Councilmember Ford stated the Riverside County and RCTC proposed requests for federal funding do not contain any appropriations for the Cities of Lake Elsinore, Murrieta or Temecula Minutes\O3/25/97 -2- 04/09/97 City Council Minutes March 25. 1997 and requested the matter of RCTC grants be placed on a future agenda. Councilmember Roberts stated part of the problem is the under representation of cities on the RCTC. Councilmember Roberts reported the California League of Cities Public Safety Policy Committee supports AB900 which will require fines for ABC violations to be deposited into a Community Alcohol Fund instead of the General Fund, and then allocated to cities and counties for enforcement of illegal alcohol sales. He also mentioned Assemblyman Olberg's bill to allow 35 MPH speed limits in defined rural residential areas. Councilmember Roberts recommended the City support the bills and the Council agreed unanimously with Councilmember Stone absent. CONSENT CA! FNDAR Councilmember Lindemans requested the removal of Items No. 3 and 9 from the Consent Calendar. It was moved by Councilmember Ford, seconded by Councilmember Roberts to approve Consent Calendar Items 1-2, 4-8 and 10. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Ford, Lindemans, Roberts, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Stone 2 4 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 Approve the minutes of February 25, 1997. Release Faithful Performance Warranty, Labor and Materials, and Monument Bonds in Tract No. 76861-? (Located Southwesterly of Intersection of Highway 79S at Margarita Road) 4.1 4.2 Authorize release of Faithful Performance Warranty, Labor and Material, and Subdivision Monumentation bonds for Tract No. 26861-2; Direct the City Clerk to release the bonds and so notify the developer and security. Minutes\03/25/97 -3- 04/09/97 City Council Minutes March 25. 1997 5 7 Acknowledge completion of certain improvements in Tract No. 76861-3: (Located Southwesterly of Intersection of Highway 79S at Margarita Road) 5.1 Acknowledge completion of certain improvements in Tract No. 26861-3; 5.2 Authorize reduction in Faithful Performance Bond amounts for the improvement of private streets and drainage, and water and sewer systems, initiate the one- year warranty period, release the subdivision monument bond; 5.3 Direct the City Clerk to so notify the developer and surety. Completion and Acceptance of the Community Recreation Center Emergency Generator Project - Project No. PW95-02CSD 6.1 Accept the Construction of the Community Recreation Center Emergency Generator, Project No. PW95-O2CSD, as complete; 6.2 Direct the City Clerk to file the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; 6.3 Direct the City Clerk to release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. Temecula Duck Pond Park Property: Correction of Property Line. Grant of Easements and Agreements Between the City of Temecula and Oscar's Restaurant 7.1 Correct the property line and legal descriptions for the Temecula Duck Pond and Oscar's Restaurant by recording a Corrective Quitclaim Deed; 7.2 Approve the Agreement between Oscar's Restaurant and the City of Temecula to provide park access, reciprocal parking, and use of flag poles; 7.3 7.4 Approve the Agreement between Oscar's Restaurant and the City of Temecula to grant a water line easement to Oscar's Restaurant; and accept a utility easement from Oscar's Restaurant providing electrical service to the Temecula Duck Pond; Upon recordation of the Corrective Quitclaim Deed, authorize the City Clerk to record the utility easements and agreement documents in the order set forth above. Minutes\O3/25/97 -4- 04/09/97 Citv Council Minutes March 25. 1997 8 10 3 9 Purchase of City Manager Vehicle 8.1 Approve the purchase of a 1997 Ford Explorer XLT in the amount of $27,851.14, and appropriate $1,400 to the Vehicle Internal Service Fund to cover the vehicle depreciation expense for this fiscal year. Declaration of Results of March 4. 1997 Election 10.1 Adopt a resolution entitled: RESOLUTION NO. 97-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, RECITING THE FACT OF THE MUNICIPAL ELECTION HELD ON TUESDAY, MARCH 4, 1997, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW Resolution Al~l~roving list of Demands Councilmember Lindemans requested clarification of payments to Moreland & Associates, The Resource Group, and Oscar's Restaurant which Assistant City Manager Mary Jane McLarney and Community Services Director $hawn Nelson provided explanations. It was moved by Councilmember Lindemans, seconded by/Councilman Ford to approve staff recommendation. 3.1 Adopt a resolution entitled: RESOLUTION NO. 97-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A The motion was carried unanimously with Councilmember Stone absent. 1-15/Rancho California Road Interchange Irrtprovements. Work Authorization Agreement with GTF California for the cost of relocating/under grounding of GTE California's Facilities at Rancho California Road and Interstate Route 15. Project No. PW95-12 Councilmember Ford questioned the City having to pay the income tax component of $191,065.00. Public Works Director Joseph Kicak stated the income tax amount is not included in the revised agreement. Mayor Birdsall questioned the rational for full payment up front and suggested a staged payment program - possibly 40-40-10-10. City Attorney Thorson stated GTE has been adamant about payment in advance. Minutes\03/25/97 -5- 04/09/97 Citv Council Minutes March 25. 1997 It was moved by Councilmember Ford, seconded by Councilmember Roberts, that staff pursue negotiation of a staged payment program (i.e., 40-40-10-10) and obtain a written guarantee that the income tax component (ITC) is not included in the final construction cost of $598,950.00. The motion was carried unanimously with Councilmember Stone absent. RECESS Mayor Birdsall called a recess at 8:41 PM. The meeting was reconvened at 8:52 PM. COUNCIl BUSINESS 11 First Street Realignment and Fxtension Project City Attorney Thorson presented the staff report. Richard Gabriel, 16229 Sunset Trail, Riverside, stated his objections to the eminent domain proceedings for his property and presented his remarks in writing to the City Clerk. It was moved by Councilmember Lindemans, seconded by Councilmember Roberts, to approved staff's recommendation. 11.1 Open and conduct a hearing on the adoption of a proposed Resolution 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 as set forth below, and consider all the evidence. 11.2 If 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 testimony that may be presented, and all other evidence and records pertaining to this matter, that the evidence warrants the necessary findings as to the proposed Resolution of Necessity and authorize and direct that eminent domain proceedings be filed to acquire the subject property: RESOLUTION NO. 97-31 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 (FIRST STREET REALIGNMENT AND EXTENSION PROJECT, GABRIEL 922-010-017) 11.3 Direct the City Attorney to file the action expeditiously; Minutes\03/25/97 -6- 04/09/97 City Council Minutes March 25. 1997 11.4 If the Resolution is approved, approve a warrant payable to Arthur Sims, Executive Officer, Superior Court of the State of California for the County of Riverside, for the deposit required to be made with the Court to obtain an Order of Possession in the amount of Five Thousand Four Hundred Seventy-three Dollars ($5,473) on behalf of Richard G. and Marilyn F. Gabriel. 11.5 Authorize the City Manager to execute all necessary documents. 11.6 Appropriate $5,473 from the General Fund to the Capital Improvement Fund. The motion was unanimously carried with Councilmember stone absent. 12 Appointment to the Selection Committee for Southside Sl~ecific Plan It was moved by Councilmember Roberts, seconded by Councilmember Lindemans, to appoint Councilmember Steven Ford to the Selection Committee for the Southside Specific Plan. The motion was unanimously carried with Councilmember Stone absent. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT None given. ADJOURNMENT It was moved by Councilmember Roberts, seconded by Councilmember Ford, to adjourn at 9:03 PM to a meeting on April 8, 1997, 7:00 PM, Temecula City Hall, 43174 Business Park Drive, Temecula, California. The motion was unanimously carried with Councilmember Stone absent. ATTEST: J(~~. ~reek~, ~M C, C,~k Minutes\03/25/97 -7- 04/09/97