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HomeMy WebLinkAbout022895 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD FEBRUARY 28, 1995 A regular meeting of the Temecula City Council was called to order at 7:05 PM at the Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor Jeffrey E. Stone presiding. PRESENT 5 COUNCILMEMBERS: Lindemans, Mu~oz, Parks, Roberts, Stone ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. EXECUTIVF SESSION A meeting of the City of Temecula City Council was called to order at 5:41 PM. It was moved by Councilmember Parks, seconded by Councilmember Lindemans to adjourn to Executive Session pursuant to Government Code Sections: 1. §54956.9(b), Potential Litigation, two matters. 2. §54956.8 CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Property: 43106 Business Park Drive,; Negotiating parties: City of Temecula and Grubb and Ellis; Under negotiation: price and terms of payment. The motion was unanimously carried. INVOCATION The invocation was given by Bishop Konrad Lee, The Church of Jesus Christ of Latter Day Saints. P! EDGE OF A! LEGlANCE The audience was led in the flag salute by Mayor Pro Tern Lindemans. PRESENTATIONS/ PROC! AMATIONS Barbara Tooker, representing the Temecula Valley Unified School District Governing Board and the National Parenting Institute, announced that ACS has been nominated to receive the United Nations Family-Friendly Corporation Award. She asked that Temecula become a Patron City at this conference and take a leadership role to encourage other companies to develop "Family- Friendly" companies. She asked that March 19-25 be proclaimed as "Week of Family," that the City consider appointing a Family Friendly committee to include ACS and whose mission would be to identify other family friendly corporations. He also requested the City consider sending Minutos\2\28\95 - 1 - 10/29/96 City Council Minutes Februarv 28. 1995 invitations to 30-50 of its companies and organizations to attend a local presentation of the united Nations Award to ACS and to view the video on-site at ACS on March 24, from 9:30 -11:00 AM. Mayor Stone presented a Certificate of Commendation to Frank Hammersley for his work with the Temecula Community Pantry. Mr. Hammersley thanked the City Council and the community for their efforts with the needy. PUBLIC COMMFNTS Marvin Zeldin, 28659 Front Street, spoke in favor of the Old Town Entertainment Center. Joseph R. Terrazas, 31160 Lahontan Street, spoke in opposition to the Old Town Entertainment Center. Kenneth Dodd, 30097 Via Velez Place, spoke in favor of the Old Town Entertainment Center. Dianne Bowyer, 30663 San Pasqual Road, spoke in opposition to the Old Town Entertainment Center. Ginger Greaves, 34330 Coopermans, spoke in favor of the Old Town Entertainment Center. Bruce Bowyer, 30663 San Pasqual, spoke in opposition to the Old Town Entertainment Center Project. William Harker, spoke in favor of the Old Town Entertainment Center Project. CITY COUNCl! RFPORTS Councilmember Mu~oz expressed his objection to an article regarding his trip to Japan with the Sister City Organization, and listed the many benefits that have been gained by participation in this program. Councilmember Roberts also objected to the article regarding Sister Cities and stated he used 84,000 of his personal funds for the trips to Japan and France. Councilmember Parks requested a staff report be placed on the next agenda regarding the United Nations Family-Friendly Corporation Award being presented to ACS and possible authorization for out-of-state travel for a Councilmember to attend the awards ceremonies. Mayor Stone requested a report on the goals and objects of the City's Sister City Program be placed on a future agenda. CONSI=NT CA! !=NDAR Minutes\2\28\95 -2- 10/29/96 Citv Council Minutes February 28. 1995 Mayor Pro Tem Roberts requested the removal of Item No. 11 from the Consent Calendar. Councilmember Roberts stated he has a question on Items 3 and 4. Councilmember Mu~oz announced he would abstain on Item No. 7. City Clerk June S. Greek stated there is a request to speak on No. 10. Councilmember Roberts questioned Item No. 3, asking why the "Trends 780" Show was listed under the Council budget instead of RDA. Assistant City Manager Mary Jane McLarney stated this is an error and will be corrected. Councilmember Roberts on Item 4, asked if the $4,500 for Council taping is for the added meetings this year. He asked that quality control be followed-up with the Cable Company, because complaints have been received. It was moved by Councilmember Parks, seconded by Councilmember Roberts to approve Consent Calendar Items 1-9 and 12. The motion was unanimously carried with Councilmember Mu~oz abstaining on Item No. 7. 1. 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 January 30, 1995. 2.2 Approve the minutes of January 31, 1995. Resolution AD0roving list of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 95-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Minutes\2\28\95 -3- 10/29/96 Citv Council Minutes February 28. 1995 4. Mid-Year Budget Review 4.1 4.2 Adopt a resolution entitled: RESOLUTION NO. 95-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 1994-95 ANNUAL OPERATING BUDGET Adopt a resolution entitled: RESOLUTION NO. 95-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS Release ! abor and Material and Monument Bonds in Tract No. 73767-1 5.1 Authorize the release of Labor and Material Bond for Street, Water, and Sewer Improvements, and the Monument Bond in Tract No. 23267-1; 5.2 Direct the City Clerk to so notify the Developer and Surety. Release Iabor and Material and Monument Bonds in Tract No. ?3267-4 6.1 Authorize the release of Labor and Material Bond for Street, Water and Sewer Improvements, and the Monument Bond in Tract No. 23267-4; 6.2 Direct the City Clerk to so notify the Developer and Surety. Program SuDDlement No. 005 to the Local Agency/State Agreement for Federal-Aid Projects for the Traffic Signal at Margarita Road and Avenida Barca (PW93-10) 7.1 Adopt a resolution entitled: RESOLUTION NO. 95-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PROGRAM SUPPLEMENT NO. 005, TO LOCAL AGENCY/STATE AGREEMENT NO. 08-5459, BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR FEDERAL AID PROJECT NO. STPLG-5459(005), MARGARITA ROAD AND AVENIDA BARCA Minutee\2\28\95 -4- 10/29/96 Council Minutes February 28. 1995 The motion carried by the following vote: AYES: 4 NOES: 0 ABSENT: 0 ABSTAIN: I COUNCILMEMBERS: Lindemans, Parks, Roberts, Stone COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: Mu~oz 8. Completion and Acceptance of the Ynez Road ! andscape Improvements. No. PW94-04 8.1 Accept the Ynez Road Landscape Improvements, Project No. PW94-04, as complete and 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; Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. 12. Focused Model Development {Traffic - SWAPD) 9.1 Approve the four (4) party agreement - Cities of Temecula, Murrieta, Western Riverside Council of Governments, and Hank Mohle and Associates Agreement for Professional Services, Southwest Area Planning District (SWAPD) Traffic Study - Focused Model Development. 9.2 Authorize the Mayor or his designated representative to sign the agreement. 9.3 Award of contract is subject to approval of Mid-Year Budget request of $12,500 for that purpose. Temecula Community Partnership 12.1 Adopt a resolution entitled: RESOLUTION NO, 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO ADOPT AND SUPPORT THE PREVENTION GOALS OF THE TEMECULA COMMUNITY PARTNERSHIP Minutes\2\28\95 -5- 10/29/96 Citv Council Minutes Februarv 28. 1995 10. Review and a.Ol~roval of ?1st Year FY 95-96 Community Develol;)ment Rlock Rrant AJ~l;)licants Alan M. Winkelstein, representing the Boys and Girls Club, spoke in favor of staff recommendation. It was moved by Councilmember Parks, seconded by Councilmember Roberts to approve staff recommendation as follows: 10.1 Review and provide direction to staff as to the funding of projects for the 21st Year FY 95-96 Community Development Block Grant (CDBG) Program. 10.2 Authorize staff to forward the selected CDBG project applications to the Riverside County Economic Development Agency (EDA). The motion was unanimously carried. 11. Professional Services for the Design of an Interim Traffic Signal for the Intersection of State Route 79(S) with Margarita Road\Redhawk Parkway. Pal Road and ! ~ Paz Street Mayor Stone reported that these signals should be installed within the next 6-8 months and thanked staff for their efforts. It was moved by Councilmember Parks, seconded by Councilmember Roberts to approve staff recommendation as follows: 11.1 Approve Professional Services Agreements for the design of an interim traffic signal for the intersections of State Route 79(S): · Margarita Road/Redhawk Pkwy BRW, Inc. $5,474.00 · Pala Road Albert Grover&Assoc. $5,230.00 · La Paz Street Transtech $5,065.00 The motion was unanimously carried. Mayor Stone reordered the Agenda to hear Items 15 and 16 out of order. Councilmember Parks, and Councilmember Mu~oz announced they would abstain on Item No. 15. Minutes\2\28\95 -6- 10/29/96 Citv Council Minutes February 28. 1995 15. School 13istrict Mitigation Fees Councilmember Lindemans suggested continuing this item to a future meeting. Mayor Stone addressed the proposed resolution, stating it does not lock the City into any particular fee and suggested moving forward. Councilmember Roberts stated he received changes to the proposed resolution late in the day and had not had the opportunity to review them. He also recommended continuance of this item. School Superintendent Pat Novotney, representing the Temecula Valley Unified School District, 37433 Avenida Chapala, stated this item was continued two weeks ago and voiced her opposition to continuing it further. She stated four school board members are in the audience and are prepared to answer any questions the Council may have. Barbara Tooker, representing the Temecula Valley Unified School District Governing Board, 290630 Avenida Del Sol, asked that this issue be resolved, stating all that is desired is a basic framework, not specific details. It was moved by Councilmember Roberts, seconded by Councilmember Lindemans to continue this item for 30 days. The motion carried by the following vote: AYES: 2 COUNCILMEMBERS: Lindemans, Roberts NOES: I COUNCILMEMBERS: Stone ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 2 COUNCILMEMBERS: Mu~oz, Parks. 16. Contract for User Fee and Develo13ment Iml~act Fee Study Assistant City Manager Mary Jane McLarney presented the staff report. City Attorney Peter Thorson recommended considering this issue as two separate items, and that Councilmembers Muhoz and Parks not participate on the school fees issue. RFCESS Mayor Stone called a brief recess at 8:05 PM to change the tape. The meeting was reconvened at 8:06 PM. Minutes\2\28\95 -7- 10/25/g6 Citv Council Minutes Februerv 28. 1995 It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindemans to approve staff recommendation as follows: 16.1 Approve the contract with David M. Griffith and Associates (DMG) to conduct a user fee and development impact fee analysis. 16.2 Appropriate $39,340 from General Fund fund balance to account number 001- 140-999-5248(Consulting) to fund this contract. The motion was unanimously carried. It was moved by Mayor Pro Tern Lindemans, seconded by Councilmember Roberts to approve an Alternate Bid No. 2 as outlined in the staff report. The motion carried as follows: AYES: 3 COUNCILMEMBERS: Lindemans, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 2 COUNCILMEMBERS: Mu~oz, Parks City Manager Bradley explained that the City will have to have permission from the school district to gather information and will have to work with data supplied by the district. He also stated the same will apply for water and sewer fees, permission will have to be obtained to access records. Dr. Pat Navotney, representing the Temecula Valley Unified School District, stated she is happy to cooperate and give the City the information they need but questioned the time frame. She asked if the decision on the School Mitigation Fees Resolution will be delayed if the study is not finished until May. Mayor Pro Tem Lindemans stated his reason for requesting a continuance of the School Mitigation Fees matter is to better understand the agreement and he will not hold up the resolution until the study is complete. Councilmember Roberts also agreed that he would not hold up the resolution, awaiting results of the study. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindemans to approve an Alternate Bid No. 1 as outlined in the staff report. The motion was unanimously carried. Minutes\2\28\95 -8- 10/29/96 City Council Minutes February 28. 1995 RECESS Mayor Stone called a recess at 8:20 PM. The meeting was reconvened following the previously scheduled CSD and RDA Meeting at 9:30 PM. PUBLIC HFARINRS 13. Planning Aj~plication No. PA94-0067. Pulte Home CorD. Planning Director Gary Thornhill presented the staff report. Mayor Stone opened the public hearing at 9:50 PM. Councilmember Roberts stated he would abstain on this item since the applicant is his business partner. Donald Lohr, Lohr and Associates, representing Pulte Home Corporation, 43513 Ridgepark Drive, stated his client submited a specific plan amendment and agrees with the conditions recommended by the Planning Commission. He addressed an issue in the Specific Plan Amendment, on Page 97-2, which states a trail will be provided in the power line easement, located in Planning Area No. 17. He stated that Planning Area 17 is immediately south of the planning area, and therefore requested deletion of this reference. Planning Director Gary Thornhill stated he did not have a problem with deleting the condition. Mr. Lohr also stated that on the exhibit for Planning Area 11, page 101, there is still a reference to a low-medium residential use, which needs to be revised to be 2-5, which conforms with the County's range. He stated in the final document, this change would be made. Mayor Stone closed the public hearing at 9:54 PM. Councilmember Mu~oz asked why Pulte Homes had originally objected to being included in the City's sphere of influence. City Attorney Thorson responded that the legal issues have been resolved. Robert Klotz, representing Pulte Homes, Pillsbury, Madison and Sutro, 600 Anton Blvd, Costa Mesa, stated the origins of that dispute were that there appeared to be a desire by the City to move forward rapidly with large annexations Pulte was not ready to construct on this site and therefore they were concerned they might be forced into a premature annexation. Minutes\2\28\9S -9- 10/29/96 Citv Council Minutes Februarv 28. 1995 It was moved by Councilmember Parks, seconded by Mayor Pro Tem Linderoans to approve staff recommendation to include deletion of the reference to the trail, located in the Specific Plan Amendment under Planning Area 17, Pg. 97-2. 13.1 Read by title only and introduce 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 (PA94-0062); 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 The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Lindemans, Mu~oz, Parks, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Roberts 10. City of Temecula's Outdoor Vendor's Ordinance Planning Director Gary Thornhill presented the staff report and stated the title needs to read "Outdoor Vendor's Ordinance". He explained the word "outdoor" was inadvertently left out of the title and needs to be added. Mayor Stone opened the public hearing at 10:10 PM. Hearing no requests to speak, Mayor Stone closed the public hearing at 10:10 PM. Minutes\2\28\95 - 1 O- I Citv Council Minutes February 28. 1995 It was moved by Councilmember Parks, seconded by Councilmember Roberts to approve staff recommendation as amended. 14.1 Adopt a resolution entitled: RESOLUTION NO. 95-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING CERTAIN FINDINGS IN CONNECTION WITH THE APPROVAL OF THE CITY OF TEMECULA OUTDOOR VENDOR'S ORDINANCE AND ADOPTING THE NEGATIVE DECLARATION The motion was unanimously carried. It was moved by Councilmember Parks, seconded by Councilmember Roberts to approve staff recommendation as follows: 14.2 Read by title only and introduce an ordinance entitled: 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 The motion was unanimously carried. It was moved by Councilmember Parks, seconded by Councilmember Roberts to extend the meeting until 10:30 PM. The motion was unanimously carried. COUNCIl BUSlNFSS 17. Adhoc Committee for Community Services Funding Assistant City Manager Mary Jane McLarney presented the staff report. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindemans to appoint Mayor Stone and Councilmember Roberts to serve on an Ad Hoc Committee to review Community Services Funding Applications. The motion was unanimously carried. 18. Re(;luest for Funds for Temecula Valley Film Festival Minutee\2\28\95 - 11 - 10/29/96 City Council Minutes February 28. 1995 Assistant City Manager Mary Jane McLarney presented the staff report. Jo Moulton, 42086 Humber Drive, spoke in support of a grant to the Temecula Valley Film Council and explained benefits received by the City from the Film Council. RECESS Mayor Stone called a recess at 10:25 PM to change the tape. The meeting was reconvened at 10:26 PM. Eve Craig, 43633 Buckeye Road, spoke in favor of the grant and explained the Film Council has a 501 (C-6,) IRS designation that does not allow donors to deduct contributions from income tax, which makes obtaining donations much more difficult. Councilmember Mu~oz spoke in favor of the proposal and suggested $10,000 in matching funds for operating budget. Mayor Stone asked if funds have been formally requested from direct beneficiaries of the Film Council's activities, such as hotels, restaurants, etc. Jo Moulton said hotel rooms have been comped and services have been committed for the Film Festival, however no formal requests for funds have been submitted. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindemans to allocate $10,000 to the Film Council's Operating Budget, $15,000 from the September 1995 Film Festival and $5,000 in matching funds. Further, they appropriated the transfers from the unreserved RDA fund balance. The motion was unanimously carried. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindemans to extend the meeting until 11:00 PM. The motion was unanimously carried. 19. Discussion of California State ! ottery and the Distribution to the City of Temecula (Placed on the agenda at the request of Mayor Stone) City Manager Bradley presented the staff report giving a brief outline of the limited ways in which funds designated for the Schools can be used. He also reported that only 2% of the school district's budget is from State Lottery funds. CITY MANAGER'S REPORT None given. Minutes\2\28\95 - 12- 10/29/96 City Council Minutes February 28. 1995 CITY ATTORNEY'S REPORT City Attorney Thorson reported no action was taken in closed session. PUBLIC COMMENTS Jeanne L. Burns, representing the Temecula Valley Playhouse, spoke in favor of the Old Town Entertainment Center. Arthur Beese, 41778 Bargil Court, spoke in opposition to the Old Town Entertainment Center. Ed Dool, representing Youth for Economic Development, spoke in favor of the Old Town Entertainment Center. James A. Kraus, 30116 Campo Verde, spoke in favor of the Old Town Entertainment Center. Katie Kraus, 30116 Campo Verde, spoke in favor of the Old Town Entertainment Center. Evelyn Harker, 3130-85 South General Kearny Road, spoke in favor of the Old Town Entertainment Center. ADJOURNMFNT It was moved by Councilmember Roberts, seconded by Councilmember Parks to adjourn at 11:05 PM to a meeting on March 14, 1995, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, CA. The motion was unanimously carried. ATTEST: [SEAL] Minutes\2\28\95 - 13- 10/29/96