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HomeMy WebLinkAbout031495 CC Minutes MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD MARCH 14, 1995 A regular meeting of the Temecula City Council was called to order at 7:02 PM at the Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor Jeffrey E. Stone presiding. PRESENT: 4 COUNCILMEMBERS: Lindemans, Mu~oz, Parks, Stone ABSENT: I COUNCILMEMBERS: Roberts Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. INVOCATION The invocation was given by Reverend Steven Leinhos, New Community Lutheran Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was given by Councilmember Parks. PRESENTATIONS/PROCLAMATIONS Mayor Stone proclaimed the following: · March 19-25, 1995 to be "National Poison Prevention Week" · March 19-25, 1995 to be "Week of the Family." PUBLIC COMMENTS Mayor Stone announced that should Public Comments exceed the allotted 1 5 minute time period, additional time will be set aside at the conclusion of Council Business to hear those speakers. Wayne Hall, 42131 Agena, President of Starlight Ridge Homeowners Association, addressed the Council regarding a traffic problem caused by high speeds and cut through traffic on Cosmic Avenue. He requested additional patrolling on a regular basis. Mayor Stone requested the Police Chief increase patrolling in this area, and asked Public Works Director Joe Kicak to look into adding stop signs or other control methods. Rebecca Weersing, PTA Co-President of Joan F. Sparkman Elementary School, 41775 Yorba Avenue, spoke in support of the school mitigation program. I Ginger Greaves, 34330 Coopermans Circle, extended congratulations to City staff and City Council for a professional election and process. She asked that the City Council move forward with the Old Town Entertainment Center Project. Maryann Edwards, 43675 El Faro Place, asked the City to move forward with the Old Town Entertainment Center Project. Bill Harker, 31130 S. General Kearny Road, asked the City Council to proceed without delay on the Old Town Entertainment Center Project. Mark McCormick, 29050 Gateview Court, representing TOTAL, submitted a letter to the City Clerk and Registrar of Voters asking that the certification of the election be delayed, due to concerns regarding status of residents on the voter roster. He asked that the City Clerk, City Attorney and Council investigate the election. City Attorney Thorson stated the City adopted a number of resolutions which provided for the County Registrar of Voters to conduct the elections. As a result, the Registrar is responsible for voter registrations and counting the vote. He further explained that certification of the election was received via fax in the City Clerk's Office at 4:09 PM, and Mr. McCormick's request was received at 4:49 PM after the election had been certified. He explained it is up to the Registrar to conduct any investigation and the only action the City would take at this time would be to receive results from the County Registrar for certification of the election. Marvin Zeldin, 38659 Front Street, asked that the Council proceed with the Old Town Entertainment Center Project. CITY COUNCIL REPORTS Councilmember Mu~oz stated he does not feel it is fair to have citizens wait until the end of the meeting for public comment. Mayor Stone stated he is not opposed to meeting at 6:30 PM in the future to allow for extra public comment time. CONSENT CALENDAR Mayor Stone made a correction on Item No. 5, substituting Mayor Pro Tern to be authorized for out of state travel. Councilmember Mu~oz registered an abstention on Item No. 9 and requested the removal of Item No. 10 from the Consent Calendar. 496 2 It was moved by Mayor Pro Tern Lindemans, seconded by Councilmember Parks to approve Consent Calendar Items 1-9 and 11-14 with Councilmember Mu~oz abstaining on Item No. 9. The motion carried as follows: AYES: 4 NOES: ABSENT: COUNCILMEMBERS: Lindemans, Mu~oz, Parks, Stone 0 COUNCILMEMBERS: None I COUNCILMEMBERS: Roberts 2 3 4 Standard Ordinance Adol~tion 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 21, 1995. 2.2 Approve the minutes of February 27. 1995. Resolution Ai~l;)roving list of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 95-20 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 as of January 31. 1995 4.1 Receive and file the City Treasurer's Report as of January 31, 1995. 5 6 Out-of-State Travel Re(;luest 5.1 Authorize the Mayor Pro Tem to travel, out of state, to Salt Lake City to be present when Advanced Cardiovascular Systems (ACS) receives the United Nations Family Friendly Award. Contract InsDection Services for Building and Safety 6.1 Approve an amendment to an existing professional services agreement for Employment Services, Inc. (E.S.I.), to provide Contract Building Inspection and Code Enforcement services to the Building and Safety Department for an approximate four (4) month period. R:~41ende'~ 31496 3 7 8 Accel;)tance of Public Streets into the City-Maintained Street System (North Reneral Kearny Road and C, olden Rod Road) 7.1 Adopt a resolution entitled: RESOLUTION NO. 95-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING CERTAIN PUBLIC STREETS CONSTRUCTED UNDER ASSESSMENT DISTRICT NO. 161 INTO THE CITY-MAINTAINED STREET SYSTEM (NORTH GENERAL KEARNY ROAD FROM NICOLAS ROAD TO THE EASTERLY CITY LIMITS AND GOLDEN ROD ROAD FROM NORTH GENERAL KEARNY ROAD TO THE NORTHERLY CiTY LIMITS) Accel;)tance of Public Street into the City-Maintained Street System - A Portion of ! iefer 8.1 Adopt a resolution entitled: RESOLUTION NO. 95-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING A PUBLIC STREET INTO THE CITY-MAINTAINED STREET SYSTEM - A PORTION OF LIEFER ROAD 9 Professional Services with Albert A. Webb Associates for the Design of Solana Way Storm Drain Iml~rovements 9.1 Approve the Professional Services Agreement between the City of Temecula and Albert A. Webb Associates to design Solana Way Storm Drain Improvements for the amount of $20,180.00. The motion carried by the following vote: AYES: 3 NOES: 0 ABSENT: 1 ABSTAIN: I COUNCILMEMBERS: Lindemans, Parks, Stone COUNCILMEMBERS: None COUNCILMEMBERS: Roberts COUNCILMEMBERS: Mu~oz R:~er~da~031496 4 11 12 Cable Television Rate Regulation 11.1 Adopt a resolution entitled: RESOLUTION NO. 95-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A SETTLEMENT OF ITS INVESTIGATION OF CABLE TELEVISION RATES FOR BASIC SERVICE AND ASSOCIATED EQUIPMENT 11.2 Direct Staff to file a Petition for Special Relief requesting that the FCC review Inland Valley's rates for the period after July 14, 1994. Prol;)erty Insurance Coverage 12.1 Review and approve the new Aetna property insurance policy with Strachota Insurance Agency Inc., effective March 27, 1995; 12.2 Provide staff with direction to obtain a Requests for Qualifications for property insurance broker services. SECOND RFADING OF ORDINANCFS 13 Second Reading of Ordinance No. 95-04 13.1 Adopt an ordinance entitled: ORDINANCE NO. 95-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SPECIFIC PLAN NO. 213, AMENDMENT NO. 2 (PLANNING APPLICATION NO. 94- 062) AMENDING SPECIFIC PLAN NO. 213 TO CHANGE THE ZONING FOR PLANNING AREA 11 (32 ACRES) FROM VERY HIGH DENSITY RESIDENTIAL (14-20 DWELLING UNITS PER ACRE WITH A MAXIMUM OF 360 MULTI-FAMILY DWELLINGS) TO MEDIUM DENSITY RESIDENTIAL (2-5 DWELLING UNITS PER ACRE WITH A MAXIMUM OF 150 SINGLE FAMILY DWELLINGS), LOCATED ON THE SOUTHWEST CORNER OF TOWN VIEW AVENUE AND MURRIETA HOT SPRINGS ROAD 14. Second Reading of Ordinance No. 95-05 R:~a, gend~314~6 6 14.1 Adopt an ordinance entitled: 10 ORDINANCE NO. 95-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PERTAINING TO OUTDOOR VENDORS AND ESTABLISHING REGULATIONS FOR OUTDOOR VENDING Award of Contract for the Moraga Road Street Widening. Project No. PW97-10 Councilmember Mu~oz asked for an explanation of the high cost of this project. Public Works Director Joe Kicak explained the costs relate to relocation of two culvert boxes underneath the roadway, the removal of curb and gutter and the widening of the roadway as well as the sidewalk. Councilmember Mu~oz asked if the recent slurry seal and striping on this roadway will be effected. Mr. Kicak answered only a portion will be damaged, leaving the rest of the roadway unaffected. It was moved by Councilmember Mu~oz, seconded by Mayor Pro Tem Lindemans to approve staff recommendation as follows: 10.1 Award a contract for the construction of Moraga Road Street Widening, Project No. PW92-10 to Ronald L. Harris Construction for $102,721.00 and authorize the Mayor to execute the contract. 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $10,272.109 which is equal to 10% of the contract amount. The motion was unanimously carried with Councilmember Roberts absent. COUNCIL BUSINESS 11 Amended Animal Control Agreement and Animal Control Ordinance and Resolution Assistant City Manager Mary Jane McLarney presented the staff report. Mayor Stone requested staff pursue the privatization of Animal Control, possibly in cooperation with neighboring cities. Councilmember Mu~oz asked how common is the practice to require cat licenses. Assistant City Manager McLarney reported it is not a common practice. Councilmember Parks asked what additional services the City will receive as a result of the increase in fees. Ms. McLarney reported that no additional services will be provided, only a fee increase. R:~Aoende",O 31496 6 Mayor Pro Tern Lindemans asked if the cat licensing requirements could be removed. It was moved by Councilmember Parks, seconded by Councilmember Mur~oz to approve staff recommendation with the elimination of licensing requirements for cats. 15.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 95-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING SECTION 6.04.010 AND ADDING CHAPTERS 6.02, 6.06 AND 6.08 TO THE TEMECULA MUNICIPAL CODE REGULATING THE KEEPING AND CONTROL OF DOGS, CATS AND OTHER ANIMALS 11.1 11.2 Adopt a resolution entitled: RESOLUTION NO. 95-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING ANIMAL LICENSING FEES, AND ADOPTING STANDARDS FOR THE OPERATION OF KENNELS AND CATTERIES AND POLICIES FOR THE DISPOSITION OF IMPOUNDED ANIMALS Approve the First Amendment to the Agreement for Animal Control Services and authorize the Mayor and City Attorney to execute the Amendment. 12 The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Mu~oz, Parks, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts ABSTAIN: 1 COUNCILMEMBERS: Lindemans Planning/~l~lication No. PA 95-0017 - Aj~l~eal of Planning Director's Denial of Prol~osed Signage for Yellow Basket Restaurant Planning Director Gary Thornhill presented the staff report. Councilmember Lindemans asked if the proposed sign meets the requirements of the City's sign ordinance. Planning Director Gary Thornhill responded this sign does meet the requirements of the ordinance. R:~genda\031496 7 Russell Rumansoff, 27349 Jefferson Avenue, representing the applicant, stated the physical location of the sign has not changed, and the applicant is in compliance under the ordinance. He requested approval of the appeal. RECESS Mayor Stone called a brief recess at 8:00 PM to change the tape. The meeting was reconvened at 8:02 PM. Councilmember Mu~oz asked if this sign is approved at the size staff recommends, will there be a visibility problem. Mr. Rumansoff responded that the scale of the design is appropriate to the building. Councilmember Parks explained he is hearing from the Planning Director and Planning Commission that proportionality is the issue. Steve Eytchison, 27620 Commerce Center Drive, No. 101, sign contractor, stated that the original plans do not have any square footage listed for signs, and requested approval of the appeal. Mayor Stone stated he met with the proponents of the project and he believes had the proponents known the sign area they were submitting was final, they would have handled the situation differently. It was moved by Councilmember Parks, seconded by Councilmember Mu~oz to approve staff recommendation. The motion failed by the following vote: AYES: 2 COUNCILMEMBERS: Mu~oz, Parks NOES: 2 COUNCILMEMBERS: Lindemans, Stone ABSENT: 1 COUNCILMEMBERS: Roberts No substitute motion was offered. 13 Memorandum of Understanding Concerning Sl~ecific Plan No. 199. VanDaale Planning Director Gary Thornhill presented the staff report. It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Parks to approve staff recommendation as follows: 13.1 Approve the Memorandum of Understanding concerning Specific Plan No. 199 for R:~genda~31496 8 Van Daele Development Corporation, 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 was unanimously carried with Councilmember Roberts absent. CiTY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT None given. PUBLIC COMMENTS Marcia McDonnell, 45881 Classic Way, spoke in favor of the school mitigation fees. Ruthann Banner, 44985 Corte Zorita, resident of Redhawk Community, expressed her disappointment in not being able to vote in the advisory election. City Attorney Thorson explained that under the provisions of the election code and resolutions adopted, only residents within the City of Temecula were allowed to vote. He explained, however, that when the project comes before the Council for final approval, all interested parties will be allowed to speak at the public hearing. Ed Dool, on behalf of Youth for Economic Development, stated his desire that the Old Town Entertainment Center proceed immediately. Pat Morris, 29734 Calle Contera, stated the message to this Council both from the November election and the Advisory Election is to proceed with the Old Town Entertainment Center. Dhana Lemons, 31040 Ave Buena Suerte, spoke in favor of school mitigation fees. Kenneth D. Kurtz, 43825 Paulita Road, thanked the Council for the work on John Warner Road and asked that Lolita and Paulita be graded as well. Public Works Director Joe Kicak explained the City Council has approved four streets to date for emergency work. He stated he could come back and identify additional streets that are unpaved, and give the Council a cost estimate to include additional streets. Councilmember Mu~oz requested this be placed on a future agenda, also addressing Service Level R and how that is progressing. Natalie Beltzel, 3-820 Avenida Buena Suerte, expressed concern regarding Measure B and asked that further investigation of the election take place. Wayne Hall, 42131 Agena, spoke in support of the Old Town Entertainment Center Project. 9 RECESS Mayor Stone called a recess a 8:46 PM to hold the previously scheduled Community Services District and Redevelopment Agency Meeting. The meeting was reconvened at 8:53 PM. ADJOURNMENT It was moved by Mayor Pro Tern Lindemans, seconded by Councilmember Parks to adjourn at 8:53 PM to a Special Meeting on March 21, 1995, 4:30 PM, Margarita Middle School. The motion was unanimously carried with Councilmember Roberts absent. Next regular meeting: March 28, 1995, 6:30 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. ATTEST: ~f fre; E.~t o~e~"Mayo r [SEAL] R:~Agende~031496 10