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HomeMy WebLinkAbout091295 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD SEPTEMBER 12, 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. EXECUTIVE SESSION A meeting of the City of Temecula City Council was called to order at 6:33 PM. It was moved by Councilmember Parks, seconded by Councilmember Roberts to adjourn to Executive Session pursuant to Government Code §54956.8. The motion was unanimously carried. INVOCATION The invocation was given by Pastor Mike Brisson, Cornerstone Community Church. PLEDGE OF ALLEGIANCE The flag ceremony was presented by Desert Storm Division - U.S. Naval Sea Cadet Corps under the direction of LCDR Ray Kemp, Commanding Officer PRESENTATIONS/ PROCLAMATIONS Mayor Stone proclaimed September 18-24, 1995 to be "Pollution Prevention Week." Jeff Carter, representing Eastern Municipal Water District, accepted the proclamation. City Attorney Thorson reported that under the provisions of the Brown Act, there was no action to report from the closed session. PUBLIC COMMENTS None given. Jim Meyler, 29930 Santiago Road, announced the annual "Concert on the Green", featuring the Riverside Philharmonic Orchestra, will be held Sunday, October 1,1995. He informed the City Council and audience that the Temecula Valley High School Band has been invited to participate in the finale. Minutes\9\12\95 -1- 09/27/95 City Council Minutes September 12, 1995 CITY COUNCIL REPORTS Mayor Stone announced the death of Temecula's former City Manager, David Dixon, and expressed deep sadness over this loss. He announced a Memorial Service will be held Thursday, September 14, 1995 at 3:00 PM at the Orange City Council Chambers, and a funeral will be held Saturday, September 16th, 11:00 AM, at the Church of Jesus Christ of Latter Day Saints, Anaheim Sixth Ward. He announced further information could be obtained from City Clerk June Greek, at 694-6444. Mayor Stone asked the audience to observe a moment of silence in David Dixon's memory. CONSENT CALENDAR Mayor Pro Tern Lindemans requested the removal of Item No. 8 from the Consent Calendar. Councilmember Parks requested the removal of Item No. 7. Mayor Stone announced an abstention on Item No. 7 and Councilmember Birdsall announced an abstention on Item No. 3. It was moved by Councilmember Roberts, seconded by Councilmember Parks to approve Consent Calendar Items 1-6, 9-10 and 11-13, with Mayor Stone abstaining on Item No. 7 and Councilmember Birdsall abstaining on Item No. 3. The motion carried as follows: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Lindemans, Parks, Roberts, Stone None None Standard Ordinance Adoorion 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 August $, 1995. 2.2 Approve the minutes of August 22, 1995. Minutes\9\12\95 -2- 09/27/95 Citv Council Minutes September 12, 1995 Resolution Approvine List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 95-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A o o The motion carried as follows: AYES: 4 COUNCILMEMBERS: Lindemans, Parks, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Birdsall Americans With Disabilities Act Transition Plan 4.1 Adopt the Americans With Disabilities Act Transition Plan. I-15/I-215 Joint (Temecula-Murrieta) Corridor Plannine Study- Contract Award to DKS and Associates, Inc. 5.1 Award Professional Services contract for I-15/I-215 Joint (Temecula-Murrieta) Corridor Planning Study to DKS and Associates, Inc. Parcel Map 28122 (located east of Meadows Parkway, between Rancho California Road and Rancho Vista Road) 6.1 Approve Final Parcel Map 28122 subject to the Conditions of Approval. Award the Contract for the Solana Way Storm Drain Improvements, Project PW95-03 9.1 Award a contract for the construction of the Solana Way Storm Drain Improvements, Project No. PW95-03 to Floyd Johnston Construction C., Inc. for ~ 180,490.00 and authorize the Mayor to execute the contract. 9.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of 10% of the contract or $18,049.00. Minutes\9\12\95 -3- 09/27/95 City Council Minutes September 12. 1995 10. 11. 12. Design Services Contract - City Maintenance Facility 10.1 Award a design services contract of $53,860to W. Dean Davidson, Architect for the preparation of the schematic design drawings, construction documents, and project administration for the City Maintenance Facility. Approval of Contract Services Agreement 11.1 Approve contract service agreements for Esgil Corporation, Vandorpe Chou Associates, Ray Grage and Associates and Robert Bein, William Frost and Associates to provide plan check services to the Building and Safety Department. Out of State Travel 12.1 Authorize certain out-of-state travel plans. 13. Second Reading of Ordinance No. 95-12 13.1 Adopt 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 Murrieta Creek (First Street BridQe) Flood Plain Study and TODoQraDhv Councilmember Parks asked why this study is necessary. Public Work Director Joe Kicak stated that the current base flood elevations were established some time ago and since that time, encroachments have occurred which may have altered the base flood elevations. He explained new topography is required to perform the hydraulic study based on existing conditions and explained that based on the hydraulics, the bridge elevation can be established to provide for the required freeboard. It was moved by Councilmember Parks, seconded by Councilmember Roberts to approve staff recommendation as follows: Minutes\9\12\95 -4- 09/27/95 City Council Minutes September 12, 1995 7.1 Approve Contract Amendment No. 2 to an existing Contract with Norris-Repke, Inc. for additional mapping and Hydrology Study for the First Street Crossing of Murrieta Channel, and the Old Town Area. The motion was unanimously carried with Mayor Stone abstaining. 8. Joint Project Funding Agreement (Pala Road Bridee/Sewer) Mayor Pro Tem Lindemans requested clarification on the Environmental Cost Estimate. Public Works Director Joe Kicak explained the $750,000 is a cost estimate for purchasing additional property to mitigate damage that may occur during construction of the bridge. He further said other items are all requirements within CEQA and federal guidelines. Mr. Kicak stated a study session is scheduled for Tuesday evening September 19, regarding the 86,000,000.00 BIA Assistance Agreement, and most of the mitigation fees will be eligible for payment under this grant. Mayor Pro Tern Lindemans suggested writing to Congress to object to the costly process now in place. Councilmember Birdsall suggested the possibility of making the Pala Bridge a toll bridge to off-set tremendous costs involved in construction. City Manager Bradley stated that should the project be funded by federal grants, it may prohibit the Pala Bridge being used to generate repayment revenues. It was moved by Councilmember Roberts, seconded by Councilmember Parks to approve staff recommendation as follows: 8.1 Approve the Joint Project Funding Agreement (Pala Road Bridge/Sewer) between the County of Riverside (AD 159) and the City of Temecula. The motion was unanimously carried. Councilmember Birdsall requested that Item No. 1§ be taken out of order. Hearing no objections, Mayor Stone reordered the meeting to accommodate those waiting to speak on Item No. 15. 15. Community Services Funding Reouest Recommendations Finance Director Genie Roberts presented the staff report. Mayor Stone asked why there was no recommended funding for the Assistance League. Finance Director Genie Roberts explained the Assistance League currently receives CDBG funding. Councilmember Roberts said he believes the CDBG funding Minutes\9\12\95 -5- 09/27/95 Citv Council Minutes September 12, 1995 is specific to the "Operation School Bell" Program and this request would benefit "The Kids on the Block" program. Councilmember Birdsall said she would be in favor of awarding $1,000 to the Assistance League for the "Kids on the Block" program. Maryann Edwards, 43675 El Faro Place, representing the Assistance League of Temecula Valley, "Kids on the Block", explained to the City Council that "Kids on the Block" is a separate program from Operation School Bell, and requested that the Council reconsider their request for funding. Mayor Stone stated he has a problem allocating more funds than requested, and suggested giving the Citizens Scholarship Foundation the $3,000 they requested and providing additional funding to Elizabeth Hospice. He also requested that the scholarship amounts remain at $500 per person to allow more students to receive a scholarship. Councilmember Parks agreed that the amount should remain at $500.00 per student. RECESS Mayor Stone called a brief recess at 8:00 PM to change the tape. The meeting was reconvened at 8:01 PM. Councilmember Roberts requested that in the future, the entire Council see the complete package of back-up material regarding community service funding requests. It was moved by Mayor Pro Tern Lindemans, seconded by Councilmember Roberts to approve the recommendations of the committee with an additional $1,000.00 allocation to the Assistance League "Kids on the Block" program and an additional $1,500.00 to the Elizabeth Hospice Sandy Morganstern Special Care Fund. The motion was unanimously carried. RECESS Mayor Stone recessed the City Council Meeting at 8:04 PM to the Temecula Community Services District Meeting, Temecula Redevelopment Agency Meeting, Joint Meeting of the City Council and Temecula Redevelopment Agency and Old TownANestside Community Facilities District Financing Authority Meeting. The meeting was reconvened at 9:30 PM. Mayor Stone convened a joint City Council and Temecula Redevelopment Agency Meeting and stated he would abstain on Item Number 7 due to a possible conflict of interest. He turned the meeting over to Chairperson Ronald J. Parks. Minutes\9\12\95 -6- 09/27/95 Cit~ Council Minutes September 12, 1995 7 Resolutions Authorizing Formation of Two Joint Exercise of Powers Authorities with the Redevelopment AQencv of the City of Temecula Executive Director Ronald E. Bradley presented the staff report and introduced Paul Thimmig, Bond Counsel, John McCallister of the Investment Firm and Marilyn Whisenand, RDA Director, who are available to answer any questions the Council/Redevelopment Agency may have. Agency Member Lindemarts stated he understands the need for one joint powers authority, but feels that the Western Bypass Corridor is needed by the entire City and not just Mr. Buffman. Executive Director Ronald E. Bradley reported the City has already started to work on the design of the Western Bypass Corridor and are now required to go through a certain set of steps as outlined by the state code. He explained that Mr. Buffman needs to move more quickly than currently permitted by the state code and the City has not been willing to guarantee bonds on his behalf. It was moved by Agency Member Birdsall, seconded by Agency Member Lindemarts to approve staff recommendation as follows: 7.1 7.2 That the City Council adopt a resolution entitled: RESOLUTION NO. 95-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING FORMATION OF TWO JOINT EXERCISE OF POWERS AUTHORITIES WITH THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA That the Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 95-07 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF TEMECULA AUTHORIZING FORMATION OF TWO JOINT POWERS AUTHORITIES WITH THE CITY OF TEMECULA THE CITY OF EXERCISE OF 7.3 That the City Council authorize the execution of a Deposit/Reimbursement Agreement by and between the City of Temecula on behalf of the Old Town/Westside Community Facilities District Financing Authority/Community Facilities District No. 1, and T.Z.B.G. for the reimbursement of costs in connection with the issuance of bonds. Minutes\9\12\95 -7- 09/27/95 City Council Minutes September 12, 1995 The motion was unanimously carried with Agency Member Stone abstaining. RECESS Chairperson Parks recessed the Joint Meeting at 9:05 PM. Minutes\9\12\95 -8- 09/27/95 Citv Council Minutes Se13tember 12, 1995 Mayor Stone reconvened the City Council meeting at 9:30 PM following the Community Facilities District Financing Authority Meeting at 9:30 PM. PUBLIC HEARINGS 14. Planning APplication No. 95-0066 (Variance) - Appeal Community Development Director Gary Thornhill presented the staff report. Mayor Stone opened the public hearing at 9:35 PM. Lou Kashmere, 29115 Front Street, requested that he be allowed to place a 3' by 5' Monument Sign in front of his property, in the public right-of-way, instead of the requested 55' freeway sign. Mayor Stone asked Mr. Kashmere if he is willing to move the sign when construction on the Western Bypass Corridor begins. He indicated that he would move the sign at his expense. City Attorney Thorson stated he has concerns about indemnifying the City because the sign would be placed in the public right-of-way and insuring an easy mechanism to have the sign removed. He explained a method to indemnify the City would be to require the property owner to name the City as additionally insured. Regarding the sign, he suggested an agreement requiring removal of the sign on 10 days notice of the City, and if not removed, the City would be allowed to remove it, at the property owner's expense. Councilmember Birdsall stated that normally on additional insured, there is no additional charge, particularly if there is landscaping on the area. She suggested continuing the public hearing so that legal counsel and Mr. Kashmere can work out the details of the agreement. Community Development Director GaryThornhill asked Mr. Kashmere exactly what size sign he is proposing. Mr. Kashmere answered, a 3' x 5' monument sign. It was moved by Councilmember Birdsall, seconded by Mayor Pro Tern Lindemens to continue the public hearing for two weeks. The motion was unanimously carried. COUNCIL BUSINESS 16. Discussion of Itinerate Peddlin(~ in Shop~in(~ Centers (Placed on the agenda at the request of Mayor Stone - discussion item only) Mayor Stone stated he placed this matter on the agenda due to the problem of non- licensed peddlers coming into stores to sell their goods. He further explained that Minutes\9\12\95 -9- O9/27/95 City Council Minutes September 12, 1995 many times these peddlers refused to leave when asked. He suggested creating a City Hall Hotline that a local merchant can call, to alert the Code Enforcement Officer, thereby getting a quicker response. Councilmember Roberts asked if Ordinance 94-12 has any penalties associated with its enforcement. City Attorney Thorson stated that most violations of Municipal Code are misdemeanors and the Sheriff's Department does have ability to cite for these violations. Councilmember Parks stated he would like to see the cost to enforce this ordinance to better evaluate the best use of the code enforcement officer's time. Councilmember Birdsall suggested instituting a program at the time a business owner obtains a City Business License. This program would provide a sticker which says "If you solicit in this businesses without a license, you may be cited on Municipal Code Section 5.04.300." It was moved by Councilmember Parks, seconded by Councilmember Roberts to refer the matter to staff to provide cost estimates for various suggested solutions to this problem. The motion was unanimously carried. 1 7. Temecula Library City Manager Ronald E. Bradley presented the staff report. It was moved by Councilmember Birdsall, seconded by Mayor Pro Tern Lindemans to extend the City Council Meeting until 10:30 PM. The motion was unanimously carried. City Clerk June S Greek read into record a letter from Murrieta City Councilman Kevin Walsh dealing with a proposal to hold fund raisers to address the amount that was not funded by the City of Murrieta. Grace Mellman, 36500 De Portola Road, spoke in support of the proposed funding. Mayor Pro Tern Lindemarts asked who the library is being governed by. Ron Stump, Manager of Temecula/Murrieta Branch, 24048 Groyes Lane, Murrieta, explained the County Library System contracts with the City of Riverside to operate the County Library System. Mayor Stone stated that funding to restore library hours is on the agenda for consideration at this time. Other issues will be discussed by the newly formed committee and brought back to the Council for consideration. He also suggested that the Water District be approached to possibly insert an appeal in the water bills, Minutes\9\ 12\95 -1 O- 09/27/95 City Council Minutes Se13tember 12, 1995 requesting funding for the library. He reported this method has been very successful in other areas. City Manager Ron Bradley stated that a Management Analyst has been assigned to the project and Temecula will staff this committee, so a significant cost will be associated. He announced the committee will meet in September 29, 1995. It was moved by Councilmember Birdsall, seconded by Councilmember Roberts to approve staff recommendation as follows: 17.1 Approve $12,000 for appropriation from General Fund Balance to the City Council Department Budget for expenditure to restore a 48 hour operating schedule at the Temecula Library. The motion was unanimously carried. 18. Memo of Understandinq Concernina Soecific Plan No. 199, BCI/CCL Community Development Director Gary Thornhill presented the staff report. RECESS Mayor Stone called a brief recess at 10:20 PM to change the tape. The meeting was reconvened at 10:21 PM. Charles Kluger, 4300 Fir Avenue, Seal Beach, representing BCI/CCL, addressed the Council, in support of staff recommendation. It was moved by Councilmember Parks, seconded by Councilmember Roberts to approve staff recommendation as follows: 18.1 Approve the Memorandum of Understanding, provided that a construction schedule for the Recreation Center acceptable to the Community Development Director is added to the MOU prior to execution, and direct the Mayor to execute the Agreement on behalf of the City and the City Clerk to attest thereto. The motion was unanimously carried. Minutes\9\12\95 -11- 09/27/95 Citv Council Minutes September 12, 1995 19. Votin(~ Dele(~ate - National LeaQue of Cities Conference City Clerk June Greek presented the staff report. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindemans to designate the Mayor and Mayor Pro Tern to serve as voting delegate and alternate. The motion was unanimously carried. 20. Award of Professional Services Contract to Urban Design Studio to Prepare Citywide Desi(~n Guidelines Community Development Director Gary Thornhill presented the staff report. It was moved by Councilmember Birdsall, seconded by Councilmember Parks to approve staff recommendation with the instruction that staff will select and recommend the three members of the public to serve on the Design Guidelines Advisory Committee. 20.1 Award a Professional Services Contract to Urban Design Studio to prepare design guidelines in the amount of 937,510. 20.2 Authorize Mayor to execute contract and City Clerk to attest. 20.3 Appoint members to the Design Guidelines Advisory Committee. The motion was unanimously carried. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT None given. Mi nutes\9\ 12\95 - 12- 09/27/95 Citv Council Minutes September 12, 1995 ADJOURNMENT It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Parks to adjourn at 10:31 PM to a special meeting on September 19, 1995, 3:00 PM, Main Conference Room, Temecula City Hall, 43174 Business Park Drive, Temecula, California. Next regular meeting: September 26, 1995, Temecula Community Creation Center, 30875 Rancho Vista Road, Temecula, California. Je ffre~~~°r ATTEST: Ju~e ~. Greek, CMC Cit~-Elerk Minutes\9\12\95 -13- 09/27/95