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HomeMy WebLinkAbout022597 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD FEBRUARY 25, 1997 EXECUTIVF SI=SSION A meeting of the City of Temecula City Council was called to order at 5:40 PM. It was moved by Councilmember Roberts, seconded by Councilmember Lindemans to adjourn to Executive Session at 5:40 PM, pursuant to Government Code Sections: 1. §54957, Performance Evaluation for City Manager. 2. §54956.8(a), Conference with Legal Counsel - Existing Litigation City of Temecula vs. K.R. Palm Plaza. 3. § 4956.8, Conference with Real Property Negotiator; Property: 41915 Business Park Drive; Negotiating Parties: Redevelopment Agency of the City of Temecula and International Rectifier; Under negotiation: Terms and conditions of an Owner Participation Agreement. 4. §54956.8, Conference with Real Property Negotiator: Property: 550 acres bounded Westerly by I-1 5, Northerly by the City of Murrieta, Easterly by Margarita Road and Southerly by Highland Business Park and Ynez Road Extension; Negotiating Parties: City of Temecula and Stephen Bieri; Under negotiation: Price and terms of acquisition. The motion was unanimously carried. The Executive Session was adjourned at 7:13 PM. A regular meeting of the Temecula City Council was called to order at 7:22 PM at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Mayor Birdsall presiding. PRESENT 5 COUNCILMEMBERS: Ford, Linderoans, 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 Tracy Milner. INVOCATION The invocation was given by Pastor Jeremy Swizek, World Harvest Outreach. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Ford. CITY ATTORNEY REPORT Minutes\02\25\97 -1 - 03/27/97 CiW Council Minutes February 25, 1997 City Attorney Thorson stated in accordance with the Brown Act, there was nothing to report from Closed Session. PUBLIC COMMENTS Joan Sparkman, encouraged all Temecula residents to vote "yes" on Measure C on March 4, 1997. ITEM ADDED TO AGENDA BASED ON SUBSEQUENT NEED Parcel MaD No. 76737-?. Located at the Southeast Corner of Winchester Road and Nicolas Road It was moved by Councilmember Stone, seconded by Councilmember Lindemans to add approval of Parcel Map No. 26232-2, located at the Southeast Corner of Winchester Road and Nicolas Road to the agenda, based on a finding of subsequent need. The motion was unanimously carried. Mayor Birdsall announced the item would be added to regular Council Business as item 20(a). CITY COUNCIL REPORTS Councilmember Stone requested the Public Works Department investigate safety issues on Pauba Road, suggesting safety rails on certain steep embankments. He also reported on the ERACIT program, regarding the sale of alcohol. He announced those businesses that have received a "first strike", or first offense, for selling alcohol to minors. He also reported those businesses that have received a clean record, and thanked them for their efforts. Councilmember Stone thanked Mayor Birdsall for addressing concerns of Girl Scouts, who were disallowed from selling Girl Scout Cookies at the Target Center, and thanked those shopping centers that support the values of the Girl Scout Program and other non-profit agencies. Councilmember Stone announced that Shawn Nelson's daughter was involved in very severe accident, involving a drunk driver, and explained that although she was very seriously injured, she is expected to make a full recovery. Councilmember Roberts requested that staff schedule a meeting with the General Manager of TCI, to express the concerns of City residents over decreased quality of cable service in Temecula. Councilmember Ford, as a member of the Murrieta Creek Coalition, reported final documentation has been received that Murrieta Creek has been designated Zone 7, highest priority, and Federal Funding can now be pursued. Minutes\02\25\97 -2- 03/27/97 City Council Minutes February 25. 1997 Councilmember Lindemans requested staff time to investigate funding sources to assist the RTA in creating a workable transit system. Councilmember Stone requested that this be placed on the agenda for further discussion. Mayor Birdsall thanked the public on behalf of Mr. and Mrs. Shawn Nelson, for all their support, cards and flowers, sent to their daughter Jennifer, at Loma Linda Hospital. She reported that Jennifer continues to progress well. Councilmember Ford reported that Commissioner Rich Soltysiak and his daughter Amie, also injured in this accident, are both at home and wish to thank the citizens of Temecula for their prayers and support. CONSENT CALENDAR City Clerk June Greek announced a request to speak on Item No. 9. Councilmember Lindemans requested the removal of Item No. 14 from the Consent Calendar for further discussion. Councilmember Stone requested the removal of Item No. 12 from the Consent Calendar. It was moved by Councilmember Stone, seconded by Councilmember Ford to approve Consent Calendar Items 1-8, 10, 11, 13, 15 and 16. The motion carried as follows: AYES: 5 NOES: ABSENT: COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall None 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 January 28, 1997. 2.2 Approve the minutes of February 11, 1997. 3. Resolution Approving List of Demands Minutes\02\25\97 -3- 03/27/97 Citv Council Minutes February 25. 1997 3.1 Adopt a resolution entitled: RESOLUTION NO. 97-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Local Agency/State Master Agreement for Federal Aid Projects Reflecting the New Provisions of the Intermodal Surface Transportation Efficiency Act (ISTEA) and the Reengineered Local Assistance Procedures 4.1 Adopt a resolution entitled: RESOLUTION NO. 97-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE NEW LOCAL AGENCY/STATE MASTER AGREEMENT NO. 08- 5459, BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA TO ESTABLISH FEDERAL FUNDING PROVISIONS IN COMPLIANCE WITH THE NEW PROVISIONS OF THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) AND THE REENGINEERED LOCAL ASSISTANT PROCEDURES Program Supplement No. 004 to the Local Agency/State Agreement for Federal Aid for Replacement of Traffic Signal Controller on Rancho California Road at Front Street 5.1 Adopt a resolution entitled: RESOLUTION NO. 97-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 004, TO LOCAL AGENCY/STATE AGREEMENT NO. 08-5459, BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR STATE PROJECT NUMBER ER-2429(002), REPLACEMENT OF TRAFFIC SIGNAL CONTROLLER ON RANCHO CALIFORNIA ROAD AT FRONT STREET o Completion and Acceptance of the Traffic Signal at Rancho California Road and Cosmic Drive/Humber Drive, Project No. PW96-08 Minutes\02\25\97 -4- 03/27/97 City Council Minutes February 2.5, 1997 6.1 Accept the traffic signal at Rancho California Road and Cosmic Drive/Humber Drive, Project No. PW96-08; 6.2 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 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion if no liens have been filed. Completion and Acceptance of the Traffic Signal Interconnect Conduit Installation, Project No. PW95-16. Phase I 7.1 Accept the traffic signal interconnect conduit installation, Project No. PW95-16, Phase I; 7.2 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; 7.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion if no liens have been filed. Accept Subdivision Monumentation in Tract No. 27716-4 (Northeasterly of Intersection of Meadows Parkway at Rancho Vista Road 8.1 Accept the Subdivision Monumentation in Tract No. 22716-4; 8.2 Authorize release of the Subdivision Monumentation Bond; 8.3 Direct the City Clerk to so advise the several Developers and Surety. 10. Temecula Creek Channel Meadows Greenbelt Lateral Project No. 7-0-0044 Tract No. 74187 and Tract No. :24188 Cooperative Agreement 10.1 Approve Temecula Creek Channel Meadows Greenbelt Lateral Project No. 7-0- 0044 Tract No. 24187 and Tract No. 24188 Cooperative Agreement with the Riverside County Flood Control and Water Conservation District and the Newland Associates, Inc.; 10.2 Authorize the execution and attestation of such agreement in its final form by the City Manager and City Clerk. Minutes\02\25\97 -5- 03/27/97 City Council Minutes February 25. 1997 11. Contract Change Order No. 1. Installation of Conduit on Rancho California Road Bridge at I-15. Project No. PW95-16A 11.1 Approve Contract Change Order No. 1 for the installation of additional conduit on Rancho California Road, Project No. PW95-16A in the amount of $9,712.50. 11.2 Appropriate funds in the amount of $8,043.70 from the Development Impact Fees to the Capital Improvement Account No. 210-165-640-5804. 13. 15. Amendment to Staffing Services Agreement (E.S.I.) 13.1 Approve a Third Amendment to the Staffing Service Agreement with Employment Services, Inc. (E.S.I.), extending the terms of said Agreement to February 25, 1998, with an option to extend the Agreement for an additional (12) month period. Records Destruction Approval 15.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. 16. Apl~ropriation of Grant Funds 16.1 Appropriate $97,393.00 to purchase equipment for Police Department Use. "No Parking" Zone on Mira Loma Drive Public Works Director Joe Kicak presented the staff report. Councilmember Roberts asked what the posted speed limit is on Mira Loma Drive. Public Works Director Kicak stated there is no speed limit posted on Mira Loma Drive at this time, and a speed survey would need to be done in order to post this street. Lieutenant Jim Domonoe clarified, in the absence of a posted speed limit, 55 mph is the assumed allowable speed by law. Councilmember Stone suggested bringing this issue before the State Legislature, asking that a bill be sponsored to obtain "home rule" for posting of speed limits within City limits. Robert Oder, 29911 Mira Loma Drive, requested that the speed limit be addressed as soon as possible, stating cars travel down the hill at a high speed, directly in front of a large apartment complex and a pre-school. Minutes\02\25\97 -6- 03/27/97 City Council Minutes Februarv 2.5. 1997 12 Mayor Birdsall requested that "Drive Slow Children Present" signs be posted immediately. It was moved by Councilmember Lindemans, seconded by Councilmember Stone to approve staff recommendation with additional direction to staff to check to make sure both schools are posted for school zone speed limits and to conduct a speed survey as soon as possible. It was also directed that staff post "Drive Slow - Children Present" signs on Mira Loma Drive. 9.1 Adopt a resolution entitled: RESOLUTION NO. 97-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A "NO PARKING" ZONE ON MIRA LOMA DRIVE AS SHOWN ON EXHIBIT "A" The motion was unanimously carried. Professional Services Agreement for In-house Plan Review Services Councilmember Stone stated he supports the addition of a staff member in this position, however, he feels that the $50,000 credit with Willdan should be used before considering whether further business with this company is warranted. Chief Building Official Tony Elmo, explained that this is a negotiated rate to perform these services, and would allow the City to extend the amount of hours this consultant would be available. Ron Espalin, Division Manager of Willdan and Associates, explained that the $53.00/hr is a negotiated fee, based on the impact of the payback being spread over a longer period of time. He stated the customary fee is $73.00/hr for plan review. He said if the proposed arrangement is not agreeable to the Council, this rate needs to be re- negotiated. Councilmember Stone stated he feels that prior to negotiating any future business, the $50,000 credit needs to be expended. It was moved by Councilmember Stone, seconded by Councilmember Ford to approve staff recommendation with a change in Exhibit "B" Payment Schedule to read: "Compensation...shall be at the rate of $55.00 per hour up to such time as the City has expended a $50,000.00 credit currently existing with Willdan Associates. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Ford, Lindemans, Roberts, Minutes\02\25\97 -7- 03/27/97 City Council Minutes February 2.5. 1997 NOES: 1 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: Stone Birdsall None 14 Fire Protection Agreement for Fiscal Year 1996/97 Councilmember Lindemans questioned the indemnification clause in this agreement. City Attorney Thorson stated this is the indemnification clause style the County of Riverside uses, and in answer to his question, it is stated on Page 4, Subsection B, the County shall indemnify and hold the City , its officers, agency, employees and independent contractors free and harmless .... It was moved by Councilmember Lindemarts, seconded by Councilmember Stone to approve staff recommendation as follows: 14.1 Approve the Fire Protection Agreement for Fiscal Year 1996-97 and authorize the Mayor and City Clerk to execute the agreement, final form to be approved by the City Manager and City Attorney. The motion was unanimously carried. RECESS Mayor Birdsall called a recess at 8:30 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 8:45 PM. PUBLIC HEARINGS 17. Development Code Amendment No. 2 (Continued from the Meeting of 1/28/97) Senior Planner Dave Hogan presented the staff report. Councilmember Roberts requested clarification on definition of schools. He asked if religious institutions with afternoon and evening classes would be included. Senior Planner Dave Hogan answered that religious institutions would be allowed in all zones through a Conditional Use Permit. He further clarified adult schools would not be included in this amendment. Minutes\02\25\97 -8- 03/27/97 City Council Minutes February 25, 1997 Mayor Birdsall opened the public hearing at 8:50 PM. Hearing no requests to speak, Mayor Birdsall closed the public hearing at 8:50 PM. It was moved by Councilmember Lindemans, seconded by Councilmember Ford to approve staff recommendation as follows: 17.1 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 97-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TENIECULA MUNICIPAL CODE TO MAKE CHANGES TO TABLE 17.08(a) OF THE DEVELOPMENT CODE The motion was unanimously carried. 18. Community Design Guidelines Community Development Director Gary Thornhill introduced Senior Planner Dave Hogan and Mark Broder of Urban Design Studio. Senior Planner Hogan, outlined steps taken to develop the Community Design Guidelines. Mark Broder, of Urban Design Studio, outlined the Community Design Guidelines and explained the philosophy used in developing these guidelines. Mayor Birdsall opened the public hearing at 9:21. Hearing no requests to speak, Mayor Birdsall closed the public hearing at 9:21. RECESS Mayor Birdsall called a brief recess at 9:21 PM to change the tape. The meeting was reconvened at 9:22 PM. Councilmember Ford asked that Section D be modified to conform with the upcoming sign ordinance. It was moved by Councilmember Stone, seconded by Councilmember Ford to approve staff recommendation, with a correction to Page 111-28 to delete the first sentence and add it to subsection "D". 18.1 Adopt a resolution entitled: Minutes\02\25\97 -9- 03/27/97 City Council Minutes February 25. 1997 RESOLUTION NO. 97-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING COMMUNITY DESIGN GUIDELINES AND AUTHORIZING THEIR USE The motion was unanimously carried. 19. Planning Application No. 97-0047, Development Code Amendment and Planning Application No. PA97-0016, Old Town Specific Plan Amendment, Fortune Telling Councilmember Stone announced a conflict of interest, based on property ownership in Old Town, and stepped down from the dias. Councilmember Lindemans announced a conflict of interest, based on religious convictions and stepped down from the dias. Community Development Director Gary Thornhill presented the staff report. Mayor Birdsall opened the public hearing at 9:32 PM Gary Simon, 33009 Tulley Rancho Road, addressed the City Council requesting fortune telling and spiritualism be disallowed in the City of Temecula. He requested this item be continued for six months to research the effects of these types of businesses on a community. Mayor Birdsall closed the public hearing at 9:39 PM. Councilmember Roberts asked if there is a definition of the differences between spiritualism and fortune telling. City Attorney Thorson stated he is not aware of any cases that draw distinctions between the two. He explained that this is a land use ordinance, and adoption does not condone these activities. He stated the State Supreme Court has ruled that Fortune Telling, Spiritualism, etc. is protected under the First Amendment , and may not be regulated through a land use ordinance. He explained other codes protect against theft and other problems that may be associated with these activities. It was moved by Councilmember Ford, seconded by Mayor Birdsall to approve staff recommendation as follows: 19.1 Read by title only and introduce an ordinance entitled: ORDINANCE NO, 97- Minutes\02\25\97 - 1 O- 03/27/97 Citv Council Minutes Februarv 25. 1997 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE AND THE OLD TOWN SPECIFIC PLAN TO MAKE CHANGES TO TABLE 17.08(a} OF THE DEVELOPMENT CODE AND TABLE I OF THE OLD TOWN SPECIFIC PLAN TO ALLOW "FORTUNE TELLING, SPIRITUALISM, OR SIMILAR ACTIVITY" AS PERMITTED USES RATHER THAN CONDITIONALLY PERMITTED USES 19.2 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 97- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 5.04.050 (63) THE TEMECULA MUNICIPAL CODE TO DELETE THE REQUIREMENT FOR A SPECIAL PERMIT FOR FORTUNE TELLING AND RELATED PRACTICES The motion failed as follows: AYES: 2 COUNCILMEMBERS: Ford, Birdsall NOES: 1 COUNCILM EMBERS: Roberts ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Linderoans, Stone COUNCIL BUSINESS 20. Citizen Opinion Survey City Manager Bradley introduced Dr. Estaban Sedanto, of The Resource Group who presented the results of City of Temecula residents views on issues and services relating to police, fire, parks, recreation, traffic, land use, economic development, public facilities and infrastructure and numerous quality of life issues. He reported that residents ranked the overall quality of life in Temecula very high. It was moved by Councilmember Roberts, seconded by Councilmember Lindemans to extend the meeting to 10:30 PM. The motion was unanimously carried. Mayor Birdsall ordered the report received and filed. 20 (a) Parcel Map No. 26232-2. Located at the Southeast Corner of Winchester Road and Nicolas Road Minutes\02\25\97 -11- 03~27~97 City Council Minutes February 25, 1997 Public Works Director Joe Kicak presented the staff report. It was moved by Councilmember Lindemans, seconded by Councilmember Stone to approve staff recommendation as follows: 20a.1 Find by 4/5 vote that there exists a subsequent need to act on approval of final Parcel Map No. 26232-2; 20a.2 Approve Parcel Map 26232-2, subject to Conditions of Approval. The motion was unanimously carried. 21. Discussion of Mutual Concerns Regarding the Pechanga Casino Councilmember Stone stated this item was placed on the agenda to give residents a forum to express their concerns. Dan Belling, 31004 El Osito, stated his main concern is the open space recently purchased by the Pechanga Tribal Council and what their future plans are for this area. He asked who has jurisdiction over this property. City Manager Bradley answered if the Pechanga Tribal Council purchases property and registers it correctly, it becomes part of the tribal lands, over which the City has no jurisdiction. Mr. Belling also stated he believes the creek running through this property is a part of the Pechanga River which is a free-flowing waterway and asked what contamination rules are for this waterway. Mayor Birdsall requested that staff look into the status of the Pechanga Creek as a free-flowing waterway and check the provisions of the Clean Water Act as to allowable run-off from the tribal properties into that waterway. Councilmember Roberts gave a brief update since the Joint Meeting with the City Council and the Pechanga Tribal Council, and stated the Subcommittee has not yet met. He reported this meeting is scheduled in two weeks and he will report back to the Council after that meeting occurs. He stated he has received concerns in written form from various homeowners' associations and Paul Espinoza, and those concerns will be addressed. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT Minutes\02\25\97 -12- 03/27/97 Citv Council Minutes February 25, 1997 None given. ADJOURNMENT It was moved by Councilmember Lindemans, seconded by Mayor Pro Tem Roberts to adjourn at 10:15 PM to a meeting on March 18, 1997, 7:00 PM, Temecula City Hall, 43174 Business Park Drive, Temecula, California. The motion was unanimously carried. ATTEST: ~k, CMC, City Clerk Minutes\02\25\97 -13- 03/27/97