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Home My WebLink About011095 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD JANUARY 10, 1995 A regular meeting of the Temecula City Council was called to order at 7:15 PM at the Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor Ron Roberts presiding. PRESENT 4 COUNCILMEMBERS: Lindemans, Parks, Stone, Roberts ABSENT: 1 COUNCILMEMBERS: Mu~oz Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. EXECUTIVE SESSION A meeting of the City of Temecula City Council was called to order at 5:38 PM. It was moved by Councilmember Parks, seconded by Councilmember Lindemans to adjourn to Executive Session pursuant to Government Code Sections: 1. §54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Property: Advanced Chemill Systems, 43153 Business Park Drive, Building H; Negotiating parties: City of Temecula and Advanced Chemill Systems/Union Bank; Under negotiation: Developer Disposition Agreement 2. §54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS, concerning price and terms of payment with respect to the acquisition of the following parcels of real property: Assessor Parcel Numbers: 1. 910-130-050, 921-090-004, 921-090-005 2. 921-680-010 3. 921-370-001 4. 921-300-050 5. 953-060-017 Owners: Kemper Real Estate Development Eli Lilly Company IDM Corporation Good Land Investment Company Kemper Real Estate Development 3. §54954.5(b), CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Property: Amscan Inc., 28401 Rancho California Road; Negotiating parties: City of Temecula and Amscan Inc.; Under negotiation: Owner Participation Agreement for manufacturing facility. 4. §54956.9(a), Pending Litigation, Moore vs. City of Temecula; and Seeberger, et al vs. City of Temecula. 5. §54956.9(b), Anticipated Litigation, one matter. The motion was unanimously carried. City Attorney Peter Thorson announced there was no closed session action to report. INVOCATION The invocation was given by Rabbi Joseph Germain, Congregation B'nai Chaim. minutes\011095 -1 - 1/12/95 PLFDGF OF A! LEGIANCF The audience was led in the flag salute by Councilmember Parks. PUB! IC COMMENTS Therese McLeod, 42200 Main Street, F128, requested depth markers be placed on the Main Street Bridge to better monitor water in the Murrieta Creek and asked the reflective tape be used for striping to make the center lines more visible during inclement weather. Mayor Stone directed the City Engineer to look into these requests. George Buhler, 40265 Paseo Sereno, spoke in opposition to the proposed Old Town Entertainment Center and stated he feels the Price Waterhouse report is not accurate. He also stated he feels Councilmembers Parks and Lindemans have a conflict of interest by signing in favor of Measure B. Councilmember Parks asked the City Attorney to address the conflict of interest issue. City Attorney Thorson said the Council specifically designated Councilmember Parks to sign the argument as designee and explained no conflict exists. He further explained the conflict of interest pertains to financial gifts or support (income), from a developer. Councilmember Parks stated he has received no financial gain from this process. City Manager Ron Bradley stated that campaign disclosures are on file in the City Clerk's Office and are available for public review. Pat Keller, P.O. Box 521, requested financial information be made available to the public on the Old Town Entertainment Center Project. Marcia Slavin, 3011 La Primavera, stated cars have been backing up on the freeway off-ramps and asked that this be investigated. She further requested that enforcement be focused on citizens running red lights and blocking intersections. Mayor Pro Tem Jeff Stone, reported he has sent a memorandum to Chief Sayre addressing this problem. CITY COUNCIl R!:PORTS Councilmember Lindemans requested a special session, to determine capital outlay for the next one or two years. He also requested a Joint Workshop be held with the County Board of Supervisors. Mayor Pro Tem Stone asked staff to report on how Proposition 111 funds are divided and if the City is getting its "fair share". He also thanked members of the community and friends for cards and flowers send to the family in memory of his mother Charlene. Councilmember Parks reported he attended the SCAG Meeting and the water quality element of regional plan was approved. He announced a general assembly of the member cities will be held on March 2 and 3 in Cathedral City and encouraged Councilmembers to attend. minutes\011095 -2- 1/12/95 Mayor Roberts thanked Staff for their support and assistance for the past year. NFVV BUSIN;SS I. Flection of Mayor It was moved by Mayor Roberts, seconded by Councilmember Parks to appoint Jeff Stone to serve as Mayor to preside until the end of calendar year 1995. The motion was unanimously carried with Councilmember Mu~oz absent. Mayor Stone thanked the Council and staff and promised a productive and promising 1995. II. Flection of Mayor Pro Tempore It was moved by Mayor Stone, seconded by Councilmember Roberts to appoint Karel Lindemans as Mayor Pro Tempore who will assume the duties of the Mayor in the Mayor's absence and hold the office until the end of calendar year 1995. The motion was unanimously carried with Councilmember Mudoz absent. Mayor Pro Tem Lindemans thanked the Council for their support. RFCFSS Mayor Stone called a recess at 7:55 PM. The meeting was reconvened following the previously scheduled CSD and RDA meeting at 8:25 PM. CONSFNT CALFNDAR City Manager Bradley announced staff would like to remove Item No. 5 and continue it to a future meeting. Councilmember Parks requested the removal of Item No. 11. Councilmember Roberts registered a "no" vote on Item No. 12. It was moved by Mayor Pro Tern Lindemans, seconded by Councilmember Parks to approve Consent Calendar Items 1-4, 6-10 and 12, with Councilmember Roberts voting "no" on Item No. 12. The motion was carried by the following vote: AYES: 4 NOES: ABSENT: minutes\O 11095 COUNCILMEMBERS: Lindemans, Parks, Roberts, Stone 0 1 COUNCILMEMBERS: None COUNCILMEMBERS: Mu~oz '3- 1/12/95 3 4 6 Standard Ordinance Adol;)tion Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes RECOMMENDATION: 2.1 Approve the minutes of November 29, 1994. 2.2 Approve the minutes of December 6, 1994. 2.3 Approve the minutes of December 2_0, 1994. Resolution Apl~roving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 95-01 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 Rel;)ort RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of November 30, 1994. 5.2 Authorize the Mayor to execute the cooperative agreement between the County of Riverside and the City of Temecula establishing a Mortgage Credit Certificate Program. Clean Cities Memorandum of Understanding RECOMMENDATION: 6.1 Approve and authorize the Mayor to sign the Memorandum of Understanding between the Southern California Association of Governments (SCAG) and the City of Temecula regarding participation in the Clean Cities Program. minutes\011095 -4- 1/12/95 10 California Resources Agency Ai~l~lication for Grant from the Fnvironmental Enhancement and Mitigation Demonstration Flement RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 95-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ENDORSING APPLICATION FOR AN ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROJECTS GRANT, CONDITIONALLY ACCEPTING GRANT IF OFFERED AND DESIGNATING CONTRACT MANAGER AND FISCAL AGENT Reduction of Faithful Performance Bond Amounts in Parcel MaD No. ? 1383 RECOMMENDATION: 8.1 Authorize a reduction in Faithful Performance Street, Drainage, Water, and Sewer improvement bond amounts in Parcel Map No. 21383. 8.2 Direct the City Clerk to so advise the Developer and Surety. Accel~tance of Dedication of Drainage Channel Easements over Lots "L" and "M" in Tract No. P0848 RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 95-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, RESCINDING PREVIOUS ACTION OF THE COUNTY OF RIVERSIDE IN NOT ACCEPTING CERTAIN DRAINAGE CHANNEL EASEMENTS OFFERED TO THE PUBLIC AND HEREBY ACCEPTING SAID DRAINAGE CHANNEL EASEMENTS FOR PUBLIC PURPOSES (OVER LOTS "L" AND "M" IN TRACT NO. 20848). Solicitation of Construction Bids and A91~roval of Plans and Sl~ecifications for Moraga Road Street Widening (Project No. PW97-10) RECOMMENDATION: 10.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit public construction bids for Project No. PW-92-10, Moraga Road Street widening. minutes\O 11095 -5- 1/12/95 12 Contract Change Order No. 16 - !iefer Road Bridge and Street Iml~rovements. Project No. PW93-07 RECOMMENDATION: 12.1 Approve final Contract Change Order No. 16 for the Liefer Road Bridge and Street Improvements Project, PW93-02, pertaining to labor and equipment for various items of work, in the amount of $2,000.00. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Linderoans, Parks, Stone NOES: I COUNCILMEMBERS: Roberts ABSENT: 1 COUNCILMEMBERS: Mu~oz 11 Professional Services Contract - Winchester Road Interim Street Iml~rovements - Project PW94- Councilmember Parks stated the contractor has added language on Page 2 and requested clarification from the City Attorney whether this is acceptable. RECESS Mayor Stone called a brief recess at 8:28 PM to change tape. The meeting was reconvened at 8:29 PM. City Attorney Thorson explained the added language provides that if the drawings and documents are used by the City in another location, the consultant is not responsible for problems that occur. Mr. Thorson indicated he does not have a problem with the added language and recommended approval. It was moved by Councilmember Parks, seconded by Mayor Pro Tern Linderoans to approve staff recommendation as follows: 11.1 Approve a Professional Geotechnical Services Agreement for the Winchester Road Interim Street Improvements, Project No. PW94-03 with Law/Crandall in an amount not to exceed $11,250.00. 11.2 Approve a budget transfer in the amount of $11,250.00 from the Pavement Management Project to the Winchester Road Interim Street Improvement Project. The motion was unanimously carried with Councilmember Mu~oz absent. minutes\011095 -6- 1/12/95 PUBLIC HEARINGS 13 Ordinance Re(;iuiring Conditional Use Permit for Establishment of Nightclubs. Teen Clubs. Dance Halls. Rars and Cocktail ! ounges. Billiard Halls and Video Game Arcades Planning Director Gary Thornhill presented the staff report. Councilmember Parks asked if there are any differences in this ordinance from the previous ordinance. Mr. Thornhill indicated there are no changes. Mayor Stone opened the public hearing at 7:34 PM. Hearing no requests to speak, Mayor Stone closed the public hearing at 7:34 PM. It was moved by Councilmember Parks, seconded by Councilmember Roberts to approve staff recommendation 13.1 as follows: 13.1 Adopt an Ordinance entitled: ORDINANCE NO. 95-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 9.1, 9.50, 10.1, 11.2, AND 11.26 OF RIVERSIDE COUNTY ORDINANCE NO. 348, AS ADOPTED BY THE CITY OF TEMECULA, REQUIRING A CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT OF NIGHTCLUBS, TEEN CLUBS, DANCE HALLS, BARS AND COCKTAIL LOUNGES, BILLIARD HALLS, AND VIDEO GAME ARCADES AND DECLARING THE URGENCY THEREOF The motion was unanimously carried with Councilmember Mu~oz absent. It was moved by Councilmember Roberts, seconded by Councilmember Parks to approve staff recommendation 13.2 as follows: 13.2 Introduce and read by title only an Ordinance entitled: ORDINANCE NO. 95-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTIONS 9.1, 9.50, 10.1, 11.2, AND 11.26 OF RIVERSIDE COUNTY ORDINANCE NO. 348, AS ADOPTED BY THE CITY OF TEMECULA, REQUIRING A CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT OF NIGHTCLUBS, TEEN CLUBS, DANCE HALLS, BARS AND COCKTAIL LOUNGES, BILLIARD HALLS, AND VIDEO GAME ARCADES The motion was unanimously carried with Councilmember Mu~oz absent. minutes\011095 -7- 1/12/95 COUNCIL BUSINESS 14 Memorandum of Understanding Concerning Sl;)ecific Plan #199. Costain Homes Planning Director Gary Thornhill presented the staff report. City Attorney Peter Thorson reported the agreement provides that the developer will pay a pro- rata share based on units if all the affected developments are sued by the County. He explained that if only this developer is sued, he would bear full legal responsibility. Susan Lindquist, 620 Newport Center Drive, No. 400, Newport Beach, representing Costain Homes, asked if the City of Temecula is named in a suit by the County, would the City participate in defense. City Attorney Thorson answered the agreements provide that the City will not bear any legal expenses. If all effected developments are sued, they would pay their pro-rata share, however if Costain is sued individually, Costain would pay 100% of defense, even if City is named. Sanford Edwards, Box 2, Temecula, representing Costain Homes, stated he feels the City needs to be consistent with its agreements and asked that this development not be committed to more liability than other developments in a similar situation. Mayor Pro Tem Lindemans stated he feels the Council should meet with the Board of Supervisors to find out their intentions regarding this matter. It was moved by Councilmember Roberts, seconded by Councilmember Parks to approve staff recommendation as follows: 14.1 Approve the Memorandum of Understanding concerning Specific Plan No. 199 for Costain Homes, authorizing the payment of development fees at a specified level and directing the Mayor to execute the Agreement on behalf of the City and the City Clerk to attest thereto. The motion carried by the following vote: AYES: 3 NOES: 0 ABSENT: 1 ABSTAIN: I COUNCILMEMBERS: Parks, Roberts, Stone COUNCILMEMBERS: None COUNCILMEMBERS: Mu~oz COUNCILMEMBERS: Lindemans 15 Ambient Air Balloon Ordinance Planning Director Gary Thornhill presented the staff report. minutes\O 11095 -8- 1/12/95 16 17 Councilmember Parks asked if "special shape" balloons would be allowed for a special event. Planning Director Thornhill stated they are currently not allowed, and asked that Chief Building Official Tony Elmo address the enforcement issue. Building Official Tony Elmo, stated enforcement is not a problem as long as the ambient balloons have received a permit for a special event. It was moved by Councilmember Roberts, seconded by Mayor Pro Tem Lindemans to provide direction to staff to make no changes to the existing ordinance. The motion was unanimously carried with Councilmember Mu~oz absent. Public Traffic Safety Commission Goals and Objectives Public Works Director Joe Kicak presented the staff report. Councilmember Parks stated he has reconsidered his position regarding the Public/Traffic Commission being involved in the budgetary process, explaining he feels adding a step to the budget process would be difficult. He asked that Item E, on Page Three be removed. It was moved by Councilmember Parks, seconded by Councilmember Roberts to approve staff recommendation with direction to delete Subsection E. of Section 6 of the resolution, and approve staff recommendation as follows: 16.1 Adopt a resolution entitled: RESOLUTION NO. 95-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE GOALS, OBJECTIVES AND RESPONSIBILITIES OF THE PUBLIC/TRAFFIC SAFETY COMMISSION Mayor Pro Tem Lindemans stated he feels the Commission should be involved in the budget process and would vote "no". The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Parks, Roberts, Stone NOES: 1 COUNCILMEMBERS: Lindemans ABSENT: 1 COUNCILMEMBERS: Mu~oz Ordinance Establishing Prima Facie Sl~eed limits on Front Street (Via Montezuma to Rancho California Road) and Jefferson Avenue - (Winchester Road to Via Montezuma) Public Works Director Joe Kicak presented the staff report. minutes\O 11095 -9- 1/12/95 Mayor Stone suggested using the speed monitoring machine to notify citizens of the reduced speed zone. It was moved by Councilmember Roberts, seconded by Mayor Pro Tem Stone to approve staff recommendation as follows: 18 17.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 95-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 10.28 OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FAClE SPEED LIMITS ON FRONT STREET BETWEEN VIA MONTEZUMA AND RANCHO CALIFORNIA ROAD AND JEFFERSON AVENUE BETWEEN VIA MONTEZUMA AND WINCHESTER ROAD Selection of City Council Committee Assignments for 1995 It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Roberts to approve the assignments listed below: 18.1 Appoint a member of the City Council to represent the City on the following: · Riverside County Conservation Habitat Agency - Parks/Mu~oz alternate · Riverside Transit Agency - Lindemarts · Riverside County Transportation Commission - Roberts · WRCOG (Western Riverside Council of Governments) - Roberts/Parks alternate · French Valley Airport Committee - Mu~oz · Temecula Sister City Corporation Board of Directors - Stone · Temecula/Murrieta Joint Transportation/Traffic Committee - Roberts The motion was unanimously carried with Councilmember Mu~oz absent. It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Parks to approve assignments as listed below: 18.2 Appoint two members to each of the following Advisory Committees · Economic Development Committee - Parks/Stone · Finance Committee - Lindemans/Stone · Old Town Steering Committee - Parks/Mu~oz · Public Works/Facilities Committee - Roberts/Parks The motion was unanimously carried with Councilmember Mu~oz absent. minutes\011095 - 10- 1/12/95 It was moved by Councilmember Parks, seconded by Mayor Pro Tem Linderoans to appoint a liaison to the following Commission and to the Pechanga Tribal Council: 18.3 Community Services Commission - Stone Public/Traffic Safety Commission - Lindemans Planning Commission - Mu~oz Pechanga Tribal Council - Roberts Redevelopment Advisory Committee - Parks The motion was unanimously carried with Councilmember Mu~oz absent. 19 Abatement of Hazardous Vegetation from Vacant Lots or Parcels I;)er Chal;)ter 6.16 of the Temecula Municil;)al Code Chief Building Official Tony Elmo presented the staff report. Mayor Stone asked if all homeowners have been notified. Mr. Elmo stated all homeowners have been notified via certified mail. It was moved by Councilmember Parks, seconded by Councilmember Roberts to approve staff recommendation as follows: 19.1 Set February 14, 1995 at 7:00 PM, at the Community Recreation Center, 30875 Rancho Vista Road as the date, time and place for conducting a Public Hearing to confirm the cost of abatement of hazardous vegetation for properties listed in Exhibit "A" of the staff report and to cause that cost to be recorded against the properties as a special assessment. The motion was unanimously carried with Councilmember Parks absent. 20 Discussion of Locating a Teml;)orary Fire Station East of 1-15 (Placed on the agenda at the request of Councilmember Parks) Councilmember Parks stated he placed this item on the agenda because he is concerned about the response time for fires and other emergencies. RECESS Mayor Stone called a brief recess at 9:24 PM. The meeting was reconvened at 9:27 PM. Fire Chief Larry Benson, reported that he hopes to have solid information to report to the Council regarding options for an interim fire site, at the January 17, 1995 Workshop. minutes\O 11095 -11 - 1/12/95 Mayor Stone asked if equipment is available to staff an interim site. Chief Benson stated a new engine is due to arrive at the end of January or first of February, and the purchasing process would need to be accelerated for equipment. Marcia Slavin, 30110 La Primavera, spoke in favor of establishing an interim fire station on the east side of the freeway. Mayor Stone suggested looking into the Temeku Development as a possible location for an interim fire station and asked staff to provide a brief report on how 911 operates. Staff was directed by Council consensus, to place this matter on the agenda of 1/17/95 for a complete report and possible action. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT None given. ADJOURNM;NT It was moved by Councilmember Roberts, seconded by Mayor Pro Tem Lindemans to adjourn at 9:50 PM to a meeting on January 17, 1995, 7:00 PM, Main Conference Room, City Hall, 43174 Business Park Drive, Temecula, California. The motion was unanimously carried with Councilmember Mu~oz absent. Next regular meeting: January 24, 1995, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California ATTEST: Ju e~~ek, CMC, City CI~ JeffrieS. Stone, Mayor minutes\O 11095 -12- 1/12/95