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Home My WebLink About082295 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD AUGUST 22, 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: Birdsall, Lindemans, Parks, Stone, Roberts ABSENT: 0 COUNCILMEMBERS: None 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 Joan Rich Egea, Church of Religious Science. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Birdsall. PRESENTATIONS/ PROCLAMATIONS Mayor Stone proclaimed September 9, 1995 to be "Kids Care Fair Day" and presented the proclamation to Tom Arbogast, representing Inland Valley Hospital. He also proclaimed 1995 to be "The Woman Suffrage Diamond Jubilee" and presented a proclamation to Pat Partin and Myrna Crowther, President of the Business and Professional Women's Club. PUBLIC COMMENTS Sam Pratt, 40420 Brixton Cove, addressed the City Council thanking City Clerk June Greek for her courteous and professional manner in assisting members of TOTAL while turning in their initiative petition. He also expressed his opinion that the City Council should be replaced with more responsive citizens. Pat Keller, P.O. Box 521, asked the City Council to delay the meeting of August 31, 1995, regarding the Owner Participation Agreement between the Temecula Redevelopment Agency and T.Z.B.G., to give the public more time to review it. CITY COUNCIL REPORTS Councilmember Birdsall thanked the Fire Department and Police Department for their efforts to save the homes on Pujol Street during the recent fire. Minutes\8\22\95 -1- 09/14/95 City Council Minutes Au~]ust 22, 1995 Mayor Pro Tern Lindemans asked that the Council give consideration to Mr. Jerry Regier's concerns regarding the Skateboard Park. Mayor Stone reported a meeting was held jointly with representatives from the City of Temecula, the City of Murrieta, the Temecula Valley Unified School District and the Murrieta Unified School District and the Riverside County Board of Supervisors regarding the Library Program. He reported that a request will be on the next Council agenda for funding to assist in restoring library services to 48 hours a week. He appealed to the community for their assistance in this matter and reported the next meeting of this group will be held on September 8, 1995, at the Main Conference Room, Temecula City Hall. Mayor Stone also reported on a problem that a number of businesses have encountered regarding non-licensed vendors coming into places of business to peddle their goods. He asked this be placed on the next agenda for discussion. CONSENT CALENDAR Councilmember Parks registered an abstention on Item No. 15. Mayor Stone abstained on Item No. 6. Regarding Item No. 10, Councilmember Roberts stated some of the streets reported completed in the Meadowview area are not complete. He asked that staff investigate and report back on this situation. City Manager Bradley requested the removal of Item No. 5 from the agenda. It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Roberts to approve Consent Calendar Items 1-4 and 6-19 with Councilmember Parks abstaining on Item No. 15 and Mayor Stone abstaining on Item No. 6. The motion was carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Parks, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: 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\8\22\95 -2- O9/14/95 Citv Council Minutes Auoust 22, 1995 Resolution AD[~roving List of Demands 2.1 Adopt a resolution entitled: RESOLUTION NO. 95-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Combining Balance Sheets as of June 30, 1995 and the Statement of Revenues, ExPenditures and Chan(~es in Fund Balance, and the Statement of Revenues, Expenses and Changes in Retained Earnings for the Fiscal year ended June 30, 1995 3.1 Receive and file the Combining Balance Sheets as of June 30, 1995 and the Statement of Revenues, Expenditures and Changes in Fund Balance, and the Statement of Revenues, Expenses and Changes in Retained Earnings for the Fiscal Year Ended June 30, 1995; 3.2 Approve the transfer of $47,570 in the Police Department budget from the account #001-170-99-5288 "Sworn Staff" to account #001-170-999-5234 "Rent/Facilities Charge"; 3.3 Approve the transfer of $20,857 in the Police Department budget from account #001-170-999-5288 "Sworn Staff" to account #001-170-999-5281 "Community Service Officers"; 3.4 Appropriate $10,000 in the General Fund Non-Departmental budget to account #001-199-999-5276"Sales Tax Reimbursements"; Contract Agreement for Street Address Numbering 4.1 Approve a contract agreement with Mr. Bruce Stewart, renewing an existing contract to provide address numbering services on an as-needed basis. Minutes\8\22\95 -3- O9/14/95 Citv Council Minutes August 22, 1995 7 8 9 Professional Services Agreement for Assessment Enaineering Services for the Western Bypass Corridor Assessment District 6.1 Approve an agreement between the City and John Egan and Associates, Inc., to provide Assessment Engineering Services for the Western Bypass Corridor Assessment District in the amount of $47,000 and 10% contingency in the amount of $4,700. The Agreement will be subject to the approval of the City Manager and the City Attorney as to final form; 6.2 AYES: NOES: ABSENT: ABSTAIN: Authorize the Mayor to execute the agreement and the City Clerk to attest. 4 COUNCILMEMBERS: Birdsall, Lindemarts, Parks, Roberts 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Stone Contact Amendment No. 9 to Community Facilities District 88-12 Engineering Services Contract with J.F. Davidson Associates. Inc. for the Overland Drive Overcrossing Improvement Project 7.1 Approve Contract Amendment No. 9 to provide additional geotechnical and right-of-way engineering services for CFD 88-12 by J.F. Davidson Associates, Inc. (JFD) for the Overland Drive Overcrossing Improvement Project in an amount not to exceed $32,260. Release GradinQ Bond in Tract No. 27690 (located at the northeast corner of Winchester and Ynez) 8.1 Authorize release of the grading bond for Tract No. 27690 and direct the City Clerk to so notify the developer and surety. Release Warranty and Labor and Material Bonds in Tract No. 21820 (located at Kahwea Road Via Norte easterly) 9.1 Authorize the release of Faithful Performance Warranty and Labor and Materials Bonds in Tract No. 21820; 9.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors, the Developer and the Surety. Minutes\8\22\96 -4- O9/14/95 City Council Minutes Au~lust 22, 1995 10. Solicitation of Construction Bids and Approval of Plans and Specifications for the FY 95-96 Slurry Seal Project (Project No. PW 95-18) 10.1 Authorize the Department of Public Works to solicit construction bids for Project No. PW 95-18, FY 95-96 Slurry Seal Project. 11. 12. 13. Summary Vacation of a Portion of Canterfield Drive and a Portion of Temecula Lane Subject to the Condition that a RealiQned Temecula Lane be Offered for Dedication 11.1 Adopt a resolution entitled: RESOLUTION NO. 95-7_~1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUMMARILY VACATE A PORTION OF CANTERFIELD DRIVE AND A PORTION OF TEMECULA LANE WITHIN TRACT NO. 21067 PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 3, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAY CODE, SUBJECT TO THE ASSOCIATED OFFER OF DEDICATION OF A REALIGNED TEMECULA LANE Solicitation of Construction Bids and Approval of Plans and Specifications for Winchester Road at Interstate 15, Bridqe Wideninq and Northbound Ramp Improvements (PW 94-21) 12.1 Approve construction plans and specifications and authorize the Public Works Department to solicit public construction bids for Project No. PW 94-21, Winchester Road at Interstate 15, Bridge Widening and Northbound Ramp Improvements subject to the approval and certification of the right-of-way by Caltrans. Completion and Acceptance of the Rancho California Road Benefit District Improvements, Project No. PW 91-03 13.1 Accept construction of Project No. PW91-03- Rancho California Road Benefit District Improvements, as complete; 13.2 Direct the City Clerk to file the Notice of Completion; 13.3 Direct the City Clerk to release the Performance and Materials and Labor Bonds; 13.4 Authorize the Mayor to execute the Hold Harmless Agreement with "The Insco/Disco Group." Minutes\8\22\95 -5- 09/14/95 City Council Minutes August 22, 1995 14. 15. Completion and Acceptance of the Construction of the I-15/Rancho California Road Interchange Off-Ramps and Signals, Project No. PW91-04 14.1 Accept the construction of the 15/Rancho California Road Interchange Off- Ramps and Signals, Project No. PW91-04 as complete; 14.2 Direct the City Clerk to file the Notice of Completion; 14.3 Direct the City Clerk to release the Performance Bond and the Materials and Labor Bond. Professional Service Agreement for Geotechnical Observation and TestinQ with Soil Tech Inc., for Project No. PW93-09, Parkview Site Rough Gradin(~ Improvements 15.1 Approve a Professional Service Agreement between the City of Temecula and Soil Tech, Inc. for Geotechnical Observation and Testing for Project No. PW 93- 09, Parkview Sire Rough Grading Improvements for $10,124; 15.2 Authorize the Mayor to execute the agreement and the City Clerk to attest; 15.3 Authorize the City Manager to approve change orders not to exceed the contingency amount of $1,012.40, which is equal to 10% of the contract amount; 15.4 Approve a transfer from the General Fund of $11,136.40to the Capital Projects Fund. AYES: 4 COUNCILMEMBERS: Birdsall, Linderoans, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Parks 16. Appropriation of Funds to General Fund Emer~encv Relief Department Budget 16.1 Appropriate an additional $100,895 to the General Fund Emergency Relief Department Budget for expenditures incurred for disaster relief from floods occurring in March 1995. Minutes\8\22\95 -6- O9/14/95 Citv Council Minutes Au¢iust 22, 1995 17. 18. 19. Resolution to Establish Entertainment License Fees 17.1 Adopt a resolution entitled: RESOLUTION NO. 95-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING ENTERTAINMENT LICENSE FEES FORTHOSE ENTERTAINMENT ESTABLISHMENTS COVERED IN CHAPTER 9.10 OF THE TEMECULA MUNICIPAL Unified ProQram Agency Designation for Hazardous Waste and Hazardous Materials Uana(~ement 18.1 Adopt a resolution entitled: RESOLUTION 95-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING THE COUNTY OF RIVERSIDE DEPARTMENT OF ENVIRONMENTAL HEALTH AS A UNIFIED PROGRAM AGENCY FOR HAZARDOUS WASTE AND HAZARDOUS MATERIALS MANAGEMENT Second Reading of Ordinance Adopting Con(~estion ManaQement Proaram 19.1 Adopt an Ordinance entitled: ORDINANCE NO. 95-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE CMP LAND USE COORDINATION PROCESS Mayor Stone adjourned the City Council meeting to the Temecula Community Services District meeting at 7:51 PM. Following the Community Services District Meeting and the Redevelopment Agency Meeting, the Council adjourned to a closed session pursuant to Government Code Sections: 54956.9, Pending Litigation, Mittleman vs. City of Temecula. Mayor Stone reconvened the City Council Meeting at 8:17 PM. Minutes\8\22\95 -7- O9/14/9S _ City Council Minutes Au¢lust 22, 1995 PUBLIC HEARINGS 20. 21 Plannina Application PA 95-0023, Development Aareement for Van Daele 79 Venture, LTD. Community Development Director Gary Thornhill presented the staff report. Mayor Stone opened the public hearing at 8:20 PM. Bryce Kittie, representing the Developer, stated he was available for questions. Mayor Stone closed the public hearing at 8:21 PM. It was moved by Councilmember Parks, seconded by Mayor Pro Tern Lindemans to approve staff recommendation as follows: 20.1 Adopt the Negative Declaration for PA95-0023; 20.2 Introduce and read by title only an ordinance entitled' ORDINANCE NO. 95-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING AN AMENDMENT AND RESTATEMENT OF THE DEVELOPMENT AGREEMENT NO. 5 BETWEEN THE CITY OF TEMECULA AND VAN DAELE 79 VENTURE, LTD. FOR FINAL TRACT MAPS NO. 22716-FINAL, 22716-2, 22716-4 AND TENTATIVE PARCEL MAP 28122 WITHIN SPECIFIC PLAN NO. 199 The motion was unanimously carried. ReQuest to Designate Property at Lvndie Lane and Ynez Road as "No SkateboardinQ, RollerbladinQ or Similar Activity Community Development Director Gary Thornhill presented the staff report. Councilmember Roberts asked if the recommendation includes the two banks located in this center. Community Development Director Thornhill stated the banks are not part of this request. Mayor Stone opened the public hearing at 8:25 PM. Andrea Passow, 39733 Wildflower Drive, Murrieta, representing Layton-Belling & Associates, requested staff recommendation be approved due to the dangerous situation and property damage caused by skateboarding and rollerblading in the center. Minutes\8\22\95 -8- O9/14/9S Citv Council Minutes August 22, 1995 She explained that many times, people participating in skateboarding and rollerblading will not leave when asked, and this would provide a means of enforcement. Mayor Stone asked if any claims have been filed. Ms. Passow stated that no claims have been filed to date, but the property owners and tenants certainly wish to avoid this situation. She did state that property damage has occurred. Christine Turner, 28636 Front Street, Suite 107A, speaking on behalf of Jerry Regier, read a letter into the record addressing the need for a facility for extreme in-line skating. Justin Regier, 41792 Borealis Drive, requested the plans of the skate board park be modified to include half pikes or rails to challenge in-line skaters. Brad Munoa, 32020 Camino Merea, stated the numbers of skateboarders in Temecula has decreased while in-line skating has greatly increased and requested the focus should be placed on skating rather than skateboarding. Mike Palmer, 31102 Shicali Ct., stated he would be willing to sign a liability waiver to reduce the risk to property owners at shopping centers. He stated that skating is a means of transportation and it will be difficult to find other means of transportation. Mayor Stone stated it would be difficult to make changes to the Skate Board Park at this point, however he would be happy to work with the community to look at possibly constructing another facility. Adam Munoa, 32020 Camino Merea, stated the in-line skaters are being stereotyped as skateboarders, and they are a different group. He explained they are kids having a good time doing their sport. Patti Smith, 29825 Vail Brook, stated she is a candidate for school board and is concerned regarding youth of the community having activities available to them. She also expressed concern about the vagueness of the ordinance as it relates to areas where skating will be allowed and where it is not. Community Development Director Gary Thornhill stated the police will have to use discretion in these issues since the affected property is not easily bounded by a fence or other physical barriers. He explained the intent is to simply post the property and have police officers available if skaters do not leave when asked to. Patti Smith also expressed concern that a third offense is a misdemeanor and this would give a young person a criminal record. She asked that the skate board park be integrated to address both skateboarding and in-line skating. Minutes\8\22\95 -9- 09/14/95 City Council Minutes Auoust 22, 1995 Holly Palmer, 31102 Shicali Court, expressed concern that youths use rollerblading as a means of transportation and expressed concern that they will be stopped going through parking lots in route to various destinations. She also asked that if this resolution is passed that it be made clear exactly where skating is allowed and where it is prohibited. Ms. Palmer expressed concern that the skate park is being consutructed using concrete instead of wood, and asked if a fee will be charged for this facility. Senior Management Analyst Phyllis Ruse, stated the fee has not been finalized, however it is proposed that City residents could purchase a resident card for $1/year and non-residents would pay a use fee. She stated she has spoken with Mr. Regier regarding the master plan and he seemed to think it would provide some challenge. She explained that when the facility was designed, it was as an integral unit using site distances and fall zones and to add things as an afterthought may hurt the integrity and safety of the overall facility. She reported this facility was designed to accommodate a number of different levels, but the City would be receptive to looking at a more challenging facility in another area. Mayor Stone closed the public hearing at 9:00 PM. Community Development Director Thornhill suggested posting areas around the building themselves and not posting the parking lot area to address the concerns of not having the parking area designated exactly where the skateboarding and in-line skating is and is not permitted. Mayor Stone suggested contacting the other property owners in the Tower Plaza to see if they would be interested in participating so that the entire center is included. It was moved by Councilmember Parks seconded by Councilmember Roberts to approve staff recommendation as follows: 21.1 Adopt a resolution entitled: RESOLUTION NO. 95-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING PRIVATE PROPERTY AT 42145 LYNDIE LANE AND 27555 YNEZ ROAD AS A "NO SKATEBOARDING, ROLLERBLADING OR SIMILAR ACTIVITY AREA" PURSUANT TO CHAPTER 10.36 OF THE TEMECULA MUNICIPAL CODE The motion was unanimously carried. Minutes\8\22\95 -10- 09/14/95 Citv Council Minutes August 22, 1995 COUNCIL BUSINESS RECESS Old Town SPecific Plan Amendments Mayor Stone announced a conflict of interest and turned the meeting over to Mayor Pro Tern Lindemans. Senior Planner John Meyer presented the staff report. Councilmember Birdsall requested a workshop be held on this issue and expressed concerns over boundaries. It was moved by Councilmember Birdsall, seconded by Councilmember Parks to set up a workshop for Council input. The motion failed by the following vote: AYES: I COUNCILMEMBERS: Birdsall NOES: 3 COUNCILMEMBERS: Lindemans, Parks, Roberts ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Stone It was moved by Councilmember Roberts, seconded by Councilmember Parks to direct staff to proceed with a staff initiated Specific Plan Amendment with specific emphasis on resolving the boundaries in question. The motion was unanimously carried with Mayor Stone abstaining. Mayor Pro Tern Lindemans returned the meeting to Mayor Stone who called a brief recess at 9:16 PM to change the tape. The meeting was reconvened at 9:17 PM. Commissioned Artwork for New City Hall Human Resources Administrator Grant Yates presented the staff report. Mayor Stone thanked Mr. Preecha Nillpraphan for his gracious offer. Councilmember Roberts suggested leaving the selection of content to Mr. Nillpraphan, but added, of the four alternatives, he prefers the historical setting. Minutes\8\22\95 -11 - O9/14/95 City Council Minutes August 22, 1995 Mayor Stone stated he would also like to see historical observations, with the wineries also represented. Councilmember Parks and Mayor Pro Tern Lindemans stated they preferred the Duck Pond option stating it has been there for years and it represents the entrance to the City. Councilmember Birdsall agreed with leaving it up to the artist but preferred the choice of a panoramic view of the City. It was moved by Councilmember Birdsall, seconded by Mayor Pro Tern Lindemans to approve staff recommendation to gratefully accept the donation and to ask that the subject be selected by and at the discretion of the artist. The motion was unanimously carried. 7. Prooosed Keeo Temecula Clean "Ado[~t-A-Street" Acknowledgement Sian Size Public Works Director Joe Kicak presented the staff report showing the sizes of two proposed signs. It was moved by Councilmember Roberts, seconded by Mayor Pro Tern Lindemans to refer this item to staff with direction to increase the size to 30" x 30" and to modify the text to make it more readable. The motion was unanimously carried. 8. Beer and Wine Licenses Community Development Gary Thornhill presented the staff report. It was moved by Councilmember Parks, seconded by Councilmember Roberts to designate the Planning Commission to serve as the approval agency and the City Council to serve as the Appeals agency. The motion was unanimously carried. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT City Attorney Thorson reported that there was no action to report regarding the closed session. Minutes\8\22\95 -12- 09/14/95 City Council Minutes Au¢iust 22, 1995 ADJOURNMENT It was moved by Councilmember Parks seconded by Mayor Pro Tern Lindemans to adjourn at 9:40 PM to a Special Joint City Council/Redevelopment Agency Public Hearing, August 31, 1995, Rancho California Water District Board Meeting Room, 42135 Winchester Road, Temecula, California, Next regular meeting: September 12, 1995, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. ATTEST: May(~r J ne~.~JGreek, CMC,'~y~lerk Minutes\8\22\9S -13- 09/14/95