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HomeMy WebLinkAbout042595 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD APRIL 25, 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 Road, 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 Deputy City Clerk Susan W. Jones. EXECUTIVE SESSION A meeting of the City of Temecula City Council was called to order at 5:37 PM. It was moved by Councilmember Roberts, seconded by Councilmember MuRoz to adjourn to Executive Session pursuant to Government Code Sections: 1. §54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Property: Bounded by Sixth Street, Front Street and Mercedes, Negotiating parties; Edward and Kathleen Dool and the City of Temecula; Under Negotiation - Proposed Sale or Lease of City Owned Property. 2. §54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Property bounded by Calle Empleado, Avenida de Vertas/Winchester Road; Negotiating parties City of Temecula and Professional Hospital Supply; Under Negotiation - Owner Participation Agreement. The motion was unanimously carried. Councilmember Parks joined the Executive Session at 6:05 PM. City Attorney Peter Thorson announced there was no closed session action to report. INVOCATION The invocation was given by Pastor Mike McNeff, Valley Christian Fellowship. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Mu~oz. R:\Minutes\0421596 -1- PUBLIC COMMENTS Kay Cassaro, 31616 Paseo Goleta, explained that she was back again to lobby for relief in the traffic jams on Winchester, which are intolerable. She has heard that it may be ten years before the Overland Bridge is built, because there just isn't enough money. She has read that the City Council is considering the purchase of a municipal golf course and performing arts center, yet there are no funds for the overpass, which must be low on the City's priority list. She suggested a three-step program: 1) a hold on all new housing projects and major business construction until traffic congestion is a thing of the past; 2) construction of the Overland Overpass, and 3) the initiation of plans for an additional freeway on/offramp north of Winchester. CITY COUNCIL REPORTS Councilmember Roberts reminded everyone that this is the weekend of the Balloon and Wine Festival; the first balloon glow is Friday evening. Mayor Pro Tern Lindemarts read a prepared statement, which, he stressed, had nothing to do with the previous speaker. He referred to reading an interview with the City Manager regarding the Overland Bridge in ten years. He stated CFD 88-12 should pay for it after 750 square feet of retail space is rented in a regional center, which would take nine years. He also discussed the duck pond and the Temecula Country Club Golf Course. He stated that Council needs to get together to decide what the City's needs are; he stressed that he sees only one need, and that is solving a tremendous traffic problem. Mayor Stone spoke regarding the Oklahoma City disaster. An overhead was displayed providing an address where citizens could make a contribution to the Salvation Army, to be used exclusively for burials of victims. He said cannisters will also be set up at Costco, Kmart and Target and checks may be made payable to the City of Temecula. Donations will be collected on Monday, and the funds forwarded to the Salvation Army. Mayor Stone also paid tribute to a new business in the community called Valley Funeral Home; John Weissgiver, the Director, has donated two caskets, which he will send, at his expense, to help with this endeavor. Mayor Stone requested staff look into a process called spray filling to address filling potholes more quickly after storms. Mayor Pro Tem Lindemans asked that this item be placed on the next agenda. City Manager Bradley stated staff will bring it back to Council as quickly as possible. CONSENT CALENDAR Councilmember Mu~oz announced he would abstain on Items Nos. 8, 9 and 12, due to conflicts of interest. Councilmember Roberts asked if the funding on Item No. 13 is through CDBG or special assessment, R:~Vlinute~\042596 -2- and Director of Public Works/City Engineer Kicak answered it is from CDBG. It was moved by Councilmember Roberts, seconded by Councilmember Parks to approve Consent Calendar Items 1-13. The motion was unanimously carried with Councilmember Mu~oz abstaining on Items Nos. 8, 9 and 12. 1 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 March 28, 1995. 4 Resolution ApprovinQ List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 95-38 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 Statement of Investment Policy 4.1 Adopt the Treasurer's Statement of Investment Policy as proposed by staff which provides safety, liquidity and yield for City funds. 5 Award of Contract for Weed Abatement Services 5.1 Approve an Award of Contract for weed abatement services on an as-needed basis to Don Dixon as primary, Rory Rieck as secondary and Smith Tractor and Bill Baldwin as alternates. 6 Records Destruction Approval 6.1 Approve scheduled destruction of certain records as provided under the City of Temecula approved Records Retention Policy. 7 Release of Fire Mitigation Bond in Tract 26861-F 7.1 Authorize the release of Fire Mitigation Bond in Tract No. 26861-F; R:"~linute~\042695 8 9 7.2 Direct the City Clerk to so notify the Developer and Surety. 1-15ANinchester Road (Route 79N) Interchange Improvements, Construction Cooperative A(~reement with State Department of Transportation 8.1 Adopt a resolution entitled: RESOLUTION NO. 95-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING COOPERATIVE AGREEMENT NO. 8-939, BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR CONSTRUCTION OF THE WINCHESTER ROAD INTERCHANGE IMPROVEMENTS The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Linderoans, Parks, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Mu~oz Release Improvement Bonds for Plot Plan No. 10079 9.1 Authorize release of Faithful Performance and Labor and Material Bonds for Construction of access roadway for Plot Plan No. 10079 (Tower Plaza Office Building); 9.2 The motion carried by the following vote: Direct the City Clerk to so advise the Developer and Surety. AYES: 4 COUNCILMEMBERS: Lindemans, Parks, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Mu~oz R:~Minute~\042596 -4- 10 11 12 Completion and Acceptance of Project No. PW94-13 - FY94-95 City Wide P.C.C. Repair Program 10.1 Accept the FY94-95 Citywide P.C.C. Repair Program, Project No. PW94-13 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. Completion and Acceptance of Project No. PW94-12 - FY94-95 Slurry Seal Project 11.1 Accept the FY94-95 Slurry Seal Project, Project No. PW94-12 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. Award of Professional Services Contract to Trans-Pacific Consultants for the Desian of the FY94-95 Annual Pavement Manaaement Project No. PW95-06 12.1 Approve and authorize the Mayor to sign the Professional Services Agreement between the City of Temecula and Trans-Pacific Consultants (TPC) to provide Engineering Services for the design of the FY94-95 Annual Pavement Management Project - Project No. PW95-06 for an amount not to exceed $49,910.00. The motion carried by the following vote: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: AYES: 4 NOES: 0 ABSENT: 0 ABSTAIN: 1 Lindemans, Parks, Roberts, Stone None None Mu~oz R:VVlinutes\042696 13 Solicitation of Construction Bids and Ar~Droval of the Plans and Specifications for the HandicaP Access Ramp Improvements, Project No. PW95-04 13.1 Approve the Plans and Specifications and authorize the Department of Public Works to solicit public construction bids for Project No. PW95-04, Handicap Access Ramp Improvements. PUBLIC HEARINGS 14 Public Nuisance Abatement- 30301 Nicolas Road Chief Building Official Tony Elmo presented the staff report. Councilmember Parks asked if several absentee owners could not get together to make a decision, or if the property is owned by a limited or general partnership; have the property owners been made aware of this hearing? Chief Building Official Elmo stated it was very difficult to get input from all seven property owners; staff is not aware of the type of partnership; notices have been sent to all owners through certified mail. Councilmember Roberts said when Council voted to place this item on the agenda he raised the issue of the large attorney fees and was told that he would receive a breakdown of these fees; he has not received a breakdown. City Attorney Thorson responded listing the number of notices and hearings required as a result of the multiple ownerships. He advised that the partners were in various parts of the country, as well as, just not cooperating. Mayor Pro Tem Lindemans questioned the ~68,000to clean-up all the concrete and steel on the property; was the metal sold for scrap and used to offset the $68,000, or was it all junk; does the $68,000 carry interest, as it becomes a lien on the property. Chief Building Official Elmo reiterated that those funds covered everything mentioned in the staff report, including boarding up the large warehouse building, which had the most worth; all other foundations, underground piping and other small outbuildings have been removed. Environmental Control Systems, Inc. took the metal and whatever they could recover through the recycling processes was given to them. In answer to Mayor Pro Tern Lindemans question regarding interest, City Attorney Thorson explained that, if it is not paid within the time period to pay the taxes on the property, it will take on the penalties under the property tax laws. Mayor Stone stated he received a couple of calls from residents who are concerned with the weeds, which are a fire hazard; he confirmed that staff will still maintain their examination of this property as time goes on. R:~inutes\042595 -6- Chief Building Official Elmo said he would bring this concern to the attention of Code Enforcement. Councilmember Mu~oz stated the weeds are not being paid attention to as much as he might have them and asked if sign enforcement was being addressed vigorously? Chief Building Official Elmo advised that staff's concentration on weed abatement is a very intense, full-time job with one project employee involved and 1,200 parcels inspected and posted this year for inclusion on the tax rolls. Mayor Stone opened the public hearing at 7:25 PM. Hearing no requests to speak, the public hearing was closed at 7:25 PM. It was moved by Mayor Pro Tern Linderoans, seconded by Councilmember Roberts to approve staff recommendation as follows: 14.1 Adopt a resolution entitled: RESOLUTION NO. 95-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, CONFIRMING THE ClTY'S COSTS OF ABATING THE PUBLIC NUISANCE AT 30301 NICOLAS ROAD, TEMECULA, CALIFORNIA AND DIRECTING THAT SUCH COSTS SHALL CONSTITUTE A LIEN AGAINST THE PROPERTY. 14.2 Direct that such costs be recorded against the property as a special assessment. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Lindemans, Mu~oz, Parks, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None COUNCIL BUSINESS 15 Reauest from Department of Transportation - Support to Divert $300,000from RSTP to CTAP Director of Public Works/City Engineer Kicak presented the staff report. Councilmember Parks questioned if the purpose of this money is to train staff, as well as, members of the State in matters related to State highways. Director of Public Works Kicak explained that it is basically traffic safety open to staff members at a discount (40 to 100%). R:\Minutes\042595 -7- Mayor Pro Tem Lindemans questioned the City's share of $11,799. Director of Public Works Kicak reiterated the total of $11,799 represents the contribution from all of the Riverside County agencies. Mayor Pro Tem Lindemans requested that this item be sent back to staff to see where the full share of Riverside County's apportionment is and how much is the City's. City Manager Bradley explained that one-tenth of one percent is $300,000,000at the Federal level; it is distributed all over the United States; RCTC receives 95.9 million; training accounts for the $11,799. He said it is proposed to use the $11,799 for other purposes. It was moved by Councilmember Parks, seconded by Councilmember Roberts to direct staff to prepare the questionnaire from the State of California, Department of Transportation, expressing their support of Caltrans' continued diversion of 9300,000 of local agency RSTP funds and 9300,000 of State Highway Account funds for CTAP. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Mu~oz, Parks, Roberts, Stone NOES: 1 COUNCILMEMBERS: Lindemans ABSENT: 0 COUNCILMEMBERS: None 16 Aoproval of Street Closure - May 2, 1995 Mayor Stone stepped down from the dais due to a conflict of interest. Director of Public Works/City Engineer Joe Kicak presented the staff report. He added that staff received a request from Temecula Productions to change the closure from 6:30 AM to 6:30 PM, as indicated in the staff report, to 5:00 AM to 3:00 PM. The closure would occur on Main Street between Pujol and Front Streets. Councilmember Roberts questioned staff as to why this request is coming before City Council; the City has requests for road closure permits consistently, which is at a staff level. City Manager Bradley explained that he has been informed that the Council has not adopted a policy giving staff authority to grant street closures; in most cities this is an administrative function that takes 24 hours at best. Councilmember Parks said he has been conversing with staff on how to implement a policy to come back to Council; once the policy is set, staff deals with the details. He asked if the businesses have been notified. R:\Minutes\042596 -8- Director of Public Works Kicak explained that the production company will notify the businesses. He informed Council that "Temporary No Parking" signs will be posted twenty- four hours ahead of time on Main Street, barricades at Front and Pujol Streets will be provided at 5:00 AM, adequate police control regarding traffic and provisions have been made for emergency vehicles. He continued that all departments have been involved in discussing this issue, which will help to make this closure run smoothly. City Manager Bradley reiterated that all of the Old Town merchants were notified by letter by the Old Town Main Street Merchants Association that the closure would occur pending City Council approval. Councilmember Parks stated he has no problem with the closure; he requested that we notify all of the residents on Pujol Street regarding access to the street and the need to use Rancho California Road. City Manager Bradley confirmed that this will be done. Councilmember Roberts asked if staff wanted direction from the Council regarding an ordinance. City Manager Bradley asked for approval for this street closure and informed Council that staff will be bringing back a policy for Council's adoption. Councilmember Roberts addressed the fact that in the meantime before this new policy comes to Council, if there is another request, perhaps Council should give direction of what to do until policy is approved. Steve Hasson, 6333 Canoga Avenue, Woodland Hills, CA, thanked Council for allowing him to address this issue; he indicated he is the Location Manager of the production company. He informed Council that his company will post "No Street Parking" signs 48 hours in advance. He asked if Council had any questions. Councilmember Mu~oz asked if the information he would be posting is in English and Spanish? Mr. Hasson answered he would speak with the City to see if someone could do the translation of a letter he would compose. Councilmember MuQoz offered his assistance to Mr. Hasson. Jo Moulton, 41393 Avenida de la Reina, representing the Temecula Valley Film Council, reported on the benefits to the community from this kind of film production. Marvin Zeldin, 28659 Front Street, said the Old Town Main Street Association unanimously endorsed the filming project. R:\Minutes\042695 -9- It was moved by Councilmember Parks, seconded by Councilmember Roberts to approve staff recommendation as follows: 16.1 Authorize the closure of Main Street from Front Street to the westerly edge of the Main Street Bridge May 2, 1995 for film-making purposes. 16.2 The motion was carried by the following vote: Direct the Department of Public Works to issue a Special Event Permit for that purpose. AYES: 4 COUNCILMEMBERS: Linderoans, Mu~oz, Parks, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Stone Councilmember Parks requested that Council instruct staff to prepare an ordinance that would allow staff in an administrative level to approve this type of event in the future. The request was approved by Council consensus. 17 Temecula Sister City Association Human Resources Administrator Grant Yates presented the staff report. Mayor Stone questioned staff if it is the goal of the Council to limit the number of Sister Cities to two? Administrator Yates responded that staff is not asking for direction as far as limiting the number of cities; staff is trying to provide a framework of the benefits, goals and objectives of the program. Mayor Stone reiterated that he feels this is something the Council should address; how many Sister Cities does Council want to patronize. Councilmember Parks explained that the Temecula Sister City Association is a separate entity from the City; the City participates in this association but its financial exposure is limited. He explained that money is spent for providing gifts and travel expenses of Councilmembers to a Sister City. He asked if a staff member is assigned to that association and questioned the cost. City Manager Bradley responded that his office handles liaison with the Sister City Committee, but it is primarily handled through Councilmembers Mu~oz and Roberts. He continued that limited staff time is expended on this project. R:\Minutes\042585 -10- In answer to a question from Mayor Stone regarding the budget allocation last year, Administrator Yates answered $5,800 and the previous year it was ,~4,700. Mayor Pro Tern Lindemans reiterated the responsibilities of a sister city; this program is cultural, human and makes America "tick". RECESS Mayor Stone called a recess at 7:56 PM to change the tape. The meeting was reconvened at 7:57 PM. City Manager Bradley explained that limiting the number of cities that the City participates with is very appropriate. He will be meeting with the Mayor of Carcassone, France on May 24 in his office, at no cost to the City, but if Council desires not to continue discussions with that City, he will cancel the appointment. There was concensus of Council to proceed with Carcassone, France. Mayor Stone directed the report be received and filed. RECESS Mayor Stone called a recess at 8:00 PM. The meeting was reconvened at 8:10 PM. 18 Community Services Funding Reauest (Continued from the meeting of 4/11/95) Assistant City Manager Mary Jane McLarney presented the staff report. Mayor Pro Tem Lindemans explained that he has met with Ms. Minkler of the Southwest County Child Care Council, at which time he asked if she could add one more item to their statement of purpose, that being they make a special effort for children whose parents simply cannot afford child care. He recommended increasing the amount to be granted by the City. Martha Minkler, representing the Southwest County Child Care Council, asked Council if they had any questions with regard to the allocation. She stated Mayor Pro Tern Lindemarts' request is on the agenda for their Executive Board Meeting to be held tomorrow morning; the planned use for the money is to conduct a needs assessment to determine how many children are in need of child care in the area and how to best serve them. She said researching a scholarship program where they can assist children without the means for affordable child care is definitely within the scope of their mission. She thanked Council for their consideration. R:\Minutes~042595 -11- Councilmember Parks reiterated that this is a very worthwhile cause; he would like to know what is happening in our own community; he questioned the committee's lid of $1,000, and stated he would be open to increase that amount. It was moved by Mayor Pro Tern Lindemans to grant $5,000, as requested, for child care services. Mayor Stone stated that part of their criteria was to develop an assessments needs and part of the pamphlet that will be created will help parents by giving them the tools to select proper child care providers. He explained that the committee thought this may duplicate information available through the Chamber of Commerce or the County. He continued that the City will be going through another round of community service funding in July, and if the City's allocations remain status quo, the City will have an extra $20,000. He asked to see some of the goals and criteria the organization is going to use, how they assess financial need and how those resources are going to be allocated. He noted he does not want to fund this aspect of the program at this time. Mayor Pro Tern Lindemans' motion died for the lack of a second. It was moved by Councilmember Parks, seconded by Mayor Pro Tern Lindemans, to allocate $2,500 for child care services to the Riverside County Child Care Consortium, and to request that this organization provide additional information as requested by Mayor Pro Tern Lindemarts. The motion was unanimously carried. DEPARTMENTAL REPORTS None given. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT None given. ADJOURNMENT It was moved by Councilmember Parks, seconded by Mayor Pro Tern Lindemans to adjourn at 8:58 PM. The motion was unanimously carried with Councilmember Mu~oz absent. Councilmember Mu~oz was excused from the meeting at 8:47 PM. R:\Minutes~042595 -12- The next meeting of the Temecula City Council will be held on Tuesday, May 9, 1995, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, 'remecula, California. ATTEST: un~. Greek, City ClJ~~ R:~linute~\042596 -13-