HomeMy WebLinkAbout031897 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
HELD MARCH 18, 1997
!=X!=CUTIVF SFSSION
A meeting of the City of Temecula City Council was called to order at 5:30 PM. It was
moved by Councilmember Roberts, seconded by Councilmember Lindemans to adjourn to
Executive Session at 5:42 PM, pursuant to Government Code Sections:
1. §54945.8, Conference with Real Property Negotiator; Property: 42136 Avenida Alvarado;
Negotiating Parties: Redevelopment Agency of the City of Temecula and Molding International
Engineering; Under negotiation: Price and terms of payment for acquisition of certain real
property interests/restrictions through an Owner Participation Agreement.
2. §54956.9(a), Claim of Craig Heiserman.
3. §54956.9(a), Claim of Katy Burrow.
The motion was unanimously carried, with Councilmember Ford absent. Councilmember Ford
joined Executive Session at 5:51 PM. The Executive Session was adjourned at 6:50 PM.
A regular meeting of the Temecula City Council was called to order at 7:04 PM at the City
Council Chambers, 43200 Business Park Drive, Temecula, California. Mayor Birdsall 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.
PRELUDE MUSIC
The prelude and intermission music was provided by Bethanie Schrock.
INVOCATION
The invocation was given by Councilmember Lindemans.
PLEDGE OF ALLEGIANCE
The audience was led in the flag salute by Councilmember Lindemans.
PROCLAMATION/PRESENTATIONS
Mayor Birdsall proclaimed March 16-22, 1997 as "California Mediation Week."
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CITY ATTORNEY REPORT
City Attorney Thorson stated in accordance with the provisions of the Brown Act, he had
nothing to report from Closed Session.
PUBLIC COMMFNTS
David Michael, 30300 Churchill Court, President of Villages Homeowners Association, thanked
McMillin and Companies, City Attorney Peter Thorson, City Manager Ron Bradley and the City
Council, for their cooperative efforts in making sure the Long Valley Wash is maintained on a
yearly basis. He reported that the maintenance has occurred this year.
Scotty McDowell, 42600 Pradera Way, spoke regarding the development of the Ridgeline that
the County of Riverside is allowing, and requested the City Council review videos he has
prepared. Mr. McDowell introduced his attorney James DeAguilar. Mr. DeAguilar spoke
regarding the procedure used by the County of Riverside for approval of this project. He stated
the EIR used by the County of Riverside is out-dated and development should not proceed until
a new EIR is prepared.
Bonnie Reed, 42050 Main Street, representing the Old Town Temecula Mainstreet Association,
introduced the newly appointed Executive Director, Debbie Chiniaeff. She also introduced Don
Frate who will be producing the Antique Faire on May 11th.
Audrey Hicks, 42031 Main Street, thanked the Temecula Police Department for their assistance
during the Rod Run Events.
Don Jenkins, District Commissioner of the Boy Scouts of America, addressed the City Council
regarding the recent accident suffered by Assistant Scout Master Sean McClintock. He
reported that the Assistant Scout Master suffered severe injuries to his face and has incurred
extreme medical expenses. He announced a trust fund has been set up at Fallbrook National
Bank, and anyone wishing to make a donation should contact Louis Randall at 693-5253. Louis
Randall.
CITY COUNCIL REPORTS
Councilmember Ford requested staff look into identifying flood right-of-way below Rancho
California Bridge. Council concurrence was received.
Mayor Pro Tem Roberts reminded the Council that the library system will be defunct as of July
1, 1997. He requested that this item be placed on the agenda in the next month for further
consideration.
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Councilmember Stone stated he attended the National League of Cities this past week and
gained useful information regarding FEMA Mitigation Funds that can be used for local issues.
He also reported that the ISTEA Program was renewed, which is an important funding source
for roads, bridges and infrastructure. He thanked Public Works Director Joe Kicak, for putting
up temporary reflective barriers on Pauba Road.
Mayor Birdsall reported she also attended the National League of California Cities in Washington
D.C., and reported on recent changes in earthquake insurance.
CONSENT CA! FNDAR
Councilmember Ford requested the removal of Item No. 17 from the Consent Calendar for
further discussion.
City Clerk June Greek announced there were two requests to speak on Item No. 15. Mayor
Birdsall removed Item No. 15 from the Consent Calendar.
Councilmember Stone stated he would abstain on Items 8 and 12 and registered a "no" vote
on Items 13, 15and 17.
Mayor Birdsall removed Item No. 5 from the Consent Calendar.
It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Stone to approve
Consent Calendar Items 1,4, 6-14, 16 and 18, with Councilmember Stone abstaining on Items
8 and 12 and voting in opposition on Item No. 13.
The motion carried as follows:
AYES: 5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone,
Birdsall
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS:
None
Standard Ordinance Adoption 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 5, 1997.
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3. Resolution Approving list of Demands
3.1 Adopt a resolution entitled:
RESOLUTION NO. 97-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING
CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
City Treasurer's Report as of January 31. 1997
4.1 Receive and file the City Treasurer's Report as of January 31, 1997.
Accept Public Improvements in Tract No. 27915-F
(Located at the Southwesterly corner of Rancho Vista Road at Meadows Parkway)
6.1 Accept the Public Improvements in Tract No. 22915-F;
6.2
Authorize the initiation of the one-year warranty period, reduction in Faithful
Performance Street, Water, and Sewer Bond amounts, and release of the
Subdivision Monumentation Bond;
6.3 Direct the City Clerk to so advise the Developer and Surety.
Acceptance of Public Streets into the City-Maintained Street System (Within Tract No.
22915-F) (Located at the Southwesterly corner of Rancho Vista Road at Meadows
Parkway)
7.1
Adopt a resolution entitled:
RESOLUTION NO. 97-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET
SYSTEM (WITHIN TRACT NO. 22915-F)
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Authorize Teml;)orary Street Closures for Old Town Anticlue Faire Fvent in Old Town
(Located at Front Street and Main Street)
8.1
Adopt a resolution entitled:
RESOLUTION NO. 97-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
AUTHORIZING STREET CLOSURES FOR OLD TOWN ANTIQUE FAIR ON MAY 11,
1997, AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THIS
SPECIFIC SPECIAL EVENT
The motion carried as follows:
AYES: 4 COUNCILMEMBERS: Ford, Lindemans, Roberts, Birdsall
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: I COUNCILMEMBERS: Stone
Award of Contract for FY95-96 Annual Pavement Management Project. PW95-78
9.1 Award a contract for the construction of the FY95-96 Annual Pavement
Management Project, Project No. PW95-28 to Laird Construction Co., Inc. for
$306,675.00 and authorize the Mayor to execute the contract.
9.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $30,667.50 which is equal to 10% of the contract
amount.
Solicitation of Construction Bids for the FY96-97 Street StriDing Program. Project No.
PW97-01
10.1 Approve the plans and specifications and authorize the Department of Public
Works to solicit public bids for the annual FY96-97 Street Striping Program,
Project No. PW97-01.
ComDletion and AcceDtance of the City Hall Modifications and Tenant ImDrovements.
Project No. PW95-?:?
11.1 Accept the construction of the City Hall Modifications and Tenant Improvements,
Project No. PW95-22, as complete;
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11.2 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;
11.3 Release the Materials and Labor Bond seven (7) months after the filing of the
Notice of Completion if no liens have been filed.
ReCluest to Designate Certain Private Prol;)erty as "No Skateboarding. Rollerblading or
Similar Activity Area
12.1 Adopt a resolution entitled:
RESOLUTION NO. 97-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
DESIGNATING PRIVATE PROPERTY AT 28581 FRONT STREET AS A 'NO
SKATEBOARDING, ROLLERBLADING OR SIMILAR ACTIVITY AREA' PURSUANT
TO CHAPTER 10.36 OF THE TEMECULA MUNICIPAL CODE
The motion carried as follows:
AYES: 4 COUNCILMEMBERS: Ford, Lindemans, Roberts, Birdsall
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 1 COUNCILMEMBERS: Stone
Amendment to Agreement for Claims Administration Services
13.1 Approve Amendment No. 1 to the contract with Carl Warren and Company to
increase the hourly rate from $37 to $40 per hour for claim administration
services.
The motion carried as follows:
AYES: 4
NOES: 1
ABSENT: 0
COUNCILMEMBERS: Ford, Lindemans, Roberts Birdsall
COUNCILMEMBERS: Stone
COUNCILMEMBERS: None
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Changes to the Schedule of Authorized Positions
14.1 Approve the adoption of two new regular full-time positions, which are included
on the Schedule of Authorized Positions.
City Maintenance Facility
16.1 Approve contract of $30,781 with Delmar Enterprises, Inc. to provide a security
access system for the new City Maintenance Facility.
16.2
Appropriate $50,000 from Public Facilities Development Impact Fees to the
Capital Projects Account to cover costs of security access system and project
administration.
Second Reading of Ordinance No. 97-03
18.1 Adopt an ordinance entitled:
ORDINANCE NO. 97-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO MAKE
CHANGES TO TABLE 17.08(a) OF THE DEVELOPMENT CODE
Solicitation of Construction Bids for the Interim Traffic Signal Installation at the
Intersection of Bedford Court and SR-79(S) - Project No. PW96-17
Mayor Birdsall asked if the timing of the lights will be addressed in conjunction with this
installation. Public Works Director Joe Kicak responded that ultimately all three traffic
signals (La Paz, Pala and Bedford Court), will be interconnected and this will be done
in conjunction with completion of ultimate improvements.
It was moved by Councilmember Lindemans, seconded by Councilmember Stone to
approve staff recommendation as follows:
5.1
Approve the Construction Plans and Specifications and authorize the Department
of Public Works to solicit public construction bids for Project No. PW96-17,
Interim Traffic Signal installation at the intersection of Bedford Court and SR-
79(S).
The motion was unanimously carried.
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Request for Withdrawal of Demands Halting Class III Gaming Unless a Tribal/State
Compact is Signed
Joan Sparkman, 30554 San Pasqual Road, spoke in support of staff recommendation,
and spoke in favor of Native Americans being allowed to earn a living and to provide
jobs and gainful employment to their people.
Wayne Hall, 42131 Agena, spoke in favor of staff recommendation.
Councilmember Stone stated the reason he will vote "no" on this issue, is because of his
belief that Federal Law should be upheld. He said the way the Federal Law is written
at this time, requires Indian Tribes to have Compacts with the States to have Class III
Gaming, and this has not taken place.
It was moved by Councilmember Lindemans, seconded by Mayor Pro Tem Roberts to
approve staff recommendation as follows:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 97-26
A RESOLUTION REQUESTING THE UNITED STATES ATTORNEY FOR THE
CENTRAL DISTRICT OF CALIFORNIA TO WITHDRAW DEMANDS HALTING
CLASS III GAMING UNLESS A TRIBAL/STATE COMPACT IS SIGNED
The motion carried as follows:
AYES:
4 COUNCILMEMBERS: Ford, Lindemans, Roberts, Birdsall
NOES: 1
COUNCILMEMBERS: Stone
ABSENT: 0 COUNCILMEMBERS: None
Amendment No. 09 to Professional Services Agreement with RJM Design Group. Inc.
for the Parkview Fire Station No. 84. Project No. PW95-09
Councilmember Ford stated he does not have a problem paying the negotiated reduced
amount of $12,703.00, however due to the many delays, he feels the City should seek
to recover these funds from the contractor.
Councilmember Stone stated he is concerned that this cost overrun occurred five
months ago and it is just now coming before the Council.
It was moved by Councilmember Ford, seconded by Councilmember Lindemans to
approve staff recommendation with the understanding that the City will seek to recover
these funds from the contractor.
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17.1
Approve Amendment No. 02 to the agreement with RJM Design Group, Inc. To
provide additional construction administration services for the Parkview Fire
Station No. 84, Project No. PW95-09, in an amount not to exceed $12,703.00.
The motion carried as follows:
AYES:
3 COUNCILMEMBERS: Ford, Lindemans, Birdsall
NOES:
2 COUNCILMEMBERS: Roberts, Stone
ABSENT: 0 COUNCILMEMBERS: None
RECESS
Mayor Birdsall called a recess at 8:00 PM to accommodate the scheduled Community Services
District, Redevelopment Agency, Old Town/Westside Community Facilities District Financing
Authority and Old Town/Westside Improvement Authority Meetings. The meeting was
reconvened at 8:20 PM.
PUBLIC HFARINGS
19 Develol~ment Iml~act Fees
Mayor Birdsall opened the public hearing at 8:20 PM.
It was moved by Councilmember Ford, seconded by Councilmember Stone to continue
the public hearing to the meeting of April 8, 1997. The motion was unanimously
carried.
20
Abatement of Hazardous Vegetation from Vacant Lots or Parcels Der Ordinance 91-18,
Chal~ter 6.16
Chief Building Official Tony Elmo presented the staff report and recognized Code
Enforcement Officers Maryann Salazar and Cindy Keirsey for their time and effort in
getting these properties posted, in addition to their regular code enforcement duties.
Mayor Birdsall opened the public hearing at 8:25 PM. Hearing no requests to speak,
Mayor Birdsall closed the public hearing at 8:25 PM.
It was moved by Councilmember Stone, seconded by Councilmember Lindemans to
approve staff recommendation as follows:
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20.1
Adopt a resolution entitled:
RESOLUTION NO. 97-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING
CONFIRMATION OF SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND
WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL
OF HAZARDOUS VEGETATION
The motion was unanimously carried.
COUNCIL BUSINESS
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Implementation of Provisions of Proposition 208 Enacted by the Voters on November
5. 1996 Allowing Fstablishment of Voluntary Campaign Expenditure limits and
Increased Caml;)aign Contribution Limits for City Elections
City Attorney Peter Thorson presented the staff report.
It was moved by Councilmember Lindemarts, seconded by Councilmember Ford to
approve staff recommendation 21.1 as follows:
21.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 97-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING
SECTION 2.08.060 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING A
VOLUNTARY CAMPAIGN EXPENDITURE CEILING FOR ELECTIONS TO CITY
OFFICES AND PROVIDING FOR AN INCREASE IN THE CAMPAIGN
CONTRIBUTION LIMITS IN ACCORDANCE WITH THE POLITICAL REFORM ACT
OF 1996 (PROPOSITION 208)
The motion was unanimously carried.
It was moved by Councilmember Lindemarts, seconded by Councilmember Ford to
approve staff recommendation 21.2 as follows:
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21.2 Adopt a resolution entitled:
RESOLUTION NO. 97-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ESTABLISHING THE NUMBER OF RESIDENTS OF THE CITY FOR THE PURPOSE
OF DETERMINING THE VOLUNTARY EXPENDITURE CEILING FOR CITY
ELECTIONS, AS ESTABLISHED IN SECTION 2.08.060 OF THE TEMECULA
MUNICIPAL CODE
The motion was unanimously carried.
Budget Line Item for the Arts
(Continued from the meeting of 2/11/97)
Assistant City Manager Mary Jane McLarney presented the staff report.
It was moved by Councilmember Linderoans, seconded by Mayor Pro Tem Roberts to
direct staff to create line items in the FY 97-98 Annual Budget for the Temecula Valley
Arts Council and the Temecula Valley Playhouse. The motion was unanimously carried.
Status Report on County Projects (Change of ;Zone 6?78 and Walker Basin Specific Plan)
Community Development Director Gary Thornhill reported on the Walker Basin Specific
Plan, stating the City has sent a letter expressing concern about the environmental
review. He stated that a number of citizens living in the DeLuz area have concerns
regarding the impacts of the projects and their attorney Jim De Aguilar is present to
address the Council.
Mr. De Aguilar reported that the Walker Basin Specific Plan was approved in the 1980's,
with an EIR prepared and certified in September of 1984. He stated this EIR has never
been updated. He noted major traffic concerns, and stated the Planning Commission
appeal of this issue will be heard April 16, 1997 at 3:00 PM. He asked the City Council
consider a resolution, stating a supplemental EIR needs to be prepared.
It was moved by Councilmember Lindemans, seconded by Mayor Pro Tem Roberts to
direct staff to prepare a resolution for Council consideration on April 8, 1997 to address
the impacts of this development on the City and the need for preparation of a current
EIR. The motion was unanimously carried.
Community Development Director Gary Thornhill reported on the Change of Zone
6278, regarding the allowance of billboards along I-15.
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Citv Council Minutes March 18, 1997
It was moved by Councilmember Lindemans, seconded by Councilmember Stone to
direct staff to investigate the status of the scenic highway designation for the Temecula
Valley Freeway and to prepare a resolution requesting a UBillboard Free" zoning for the
property included in Zone Change 6278.
The motion was unanimously carried.
CITY MANAGER'S REPORT
None given.
CITY ATTORNEY'S REPORT
None given.
ADJOURNMENT
It was moved by Councilmember Lindemans, seconded by Roberts to adjourn at 9:02
PM to a meeting on March 25, 1997, 7:00 PM, Temecula City Hall, 43174 Business Park Drive,
Temecula, California. The motion was unanimously carried.
Patricia H. Birdsall, Mayor
ATTEST:
J n~reek, CMC, City Clerk
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