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Home My WebLink About081297 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD AUGUST 12, 1997 !=Xr:CUTIV; S;SSION A meeting of the City of Temecula City Council was called to order at 5:30 PM. It was duly moved and seconded to adjourn to Executive Session at 5:30 PM, pursuant to Government Code Sections: 1. §54956.9(c), Conference with City's Legal Counsel; Whether to initiate litigation, four matters. 2. §54956.9(a), Conference with City's Legal Counsel; Existing Litigation, Strachota Insurance v. City of Temecula. et. al. 3. §54956.8, Conference with Real Property Negotiator; Acquisition of property identified as APN 922-062-O107 for Affordable Housing. Negotiating Parties: Robert McKenzie and Robert Thatcher. Under negotiation: price and terms of payment for acquisition. The motion was unanimously carried. The Executive Session was adjourned at 7:00 PM. A regular meeting of the Temecula City Council was called to order at 7:05 PM at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Mayor Birdsall presiding. PRESENT 4 COUNCILMEMBERS: Ford, Lindemans, Roberts, Birdsall ABSENT: 1 COUNCILMEMBERS: Stone Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. PREI UDE MUSIC The prelude and intermission music was provided by Vivian Tang. INVOCATION The invocation was given by Pastor Linden Curtis, New Covenant Fellowship. PI EDRF OF AI ! FGIANCF The audience was led in the flag salute by Councilmember Ford. PROC! AMATION/PRFSENTATIONS Minutes\08\12\97 -1- 08/27/97 Citv Council Minutes .Auaust 12. 1997 Mayor Birdsall proclaimed Saturday, August 23, 1997 as "California Progressive Square's Day.' Mayor Birdsall presented a Certificate of Appreciation to Commissioner Ron Guerriero for his service on the Public/Traffic Safety Commission. Mayor Birdsall presented a Certificate of Appreciatation to The Church of Jesus Christ of Latter Day Saints, for a mass clean-up program at both sites of the City of Temecula entrance signs. Tracy Skousen and Alan Dredge thanked the City Council for the opportunity to provide this service. CITY ATTORNEY REPORT City Attorney Thorson stated in accordance with the provisions of the Brown Act, he had nothing to report from Closed Session. PUBLIC COMMFNTS Thomas J. Flesher, Attorney, representing Nell Cregar, 41176 Via Celito, addressed the City Council regarding a code enforcement action that deals with a horse trailer on the Cregar's property. He stated the trailer has been parked in this driveway for the last 21 years and has never before been a problem. He asked the City Council to place this matter on an upcoming agenda for discussion. Councilmember Lindemans requested this be placed on a future agenda. Mayor Birdsall asked that Municipal Code Section 17.24 be examined as well. CITY COUNCIL REPORTS Councilmember Lindemans requested that funding for the Arts Council's Annual Concert on the Green and the matter of hiring a professional consultant to address a five-year collaborative plan for funding the arts be placed on the next agenda. Mayor Birdsall instructed staff to obtain information regarding the Arts Commission in Monterey. She also recognized City staff for their recent articles in League of Cities Magazine and the California Golf Magazine. Mayor Pro Tem Roberts stated AB927 was signed by the Governor which allows the City to withdraw from the County Library System and be guaranteed 100% of property taxes generated for libraries in the City. Minutes\OS\12\97 -2- 08/27/97 City Council Minutes .Auaust 12. 1997 CONSENT CA! ENDAR Councilmember Ford requested that Item No. 12 be removed from the agenda. Mayor Pro Tem Roberts requested Item No. 22 be removed from the Consent Calendar for discussion. Councilmember Lindemans stated he would abstain on Item No. 5. It was moved by Councilmember Lindemans, seconded by Councilmember Ford to approve Consent Calendar Items 1-11 and 13-23, with Councilmember Lindemans abstaining on Item No. 5. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Ford, Lindemans, Roberts, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Stone 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 July 22, 1997. Resolution Approving list of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 97-86 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 Report as of June 30. 1997 4.1 Receive and file the City Treasurer's Report as of June 30, 1997. Minutes\08\12\97 -3- 08/27/87 Citv Council Minutes .Auaust 12. 1997 Resolution to Suooort ! ocal Control Over Public Safety Issues 5.1 Adopt a resolution entitled: RESOLUTION NO. 97-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE CITY OF MONROVlA'S APPEAL TO THE STATE LEGISLATURE TO MAINTAIN LOCAL CONTROL OVER PUBLIC SAFETY ISSUES The motion carried as follows: AYES: 3 NOES: 0 ABSENT: 1 ABSTAIN: I COUNCILMEMBERS: Ford, Roberts, Birdsall COUNCILMEMBERS: None COUNCILMEMBERS: Stone COUNCILMEMBERS: Lindemans o Purchase of Radio System E(;lUil~ment for Fire Station 84 6.1 Approve the purchase of City Radio Equipment from Comtronix of Hemet for a total cost of $15,971.25. Parcel Mal~ No. ?8384 (Located at the Northeast corner of the intersection of Margarita Road and Highway 79 South) 7.1 Approve Parcel Map No. 28384, subject to the Conditions of Approval. Accel;)t Public Iml;)rovements in Tract No. ?7148 (Located Northwesterly Southeasterly of La Serena Way at Calle Medusa) 8.1 Accept public improvements in Tract No. 22148; 8.2 8.3 and Authorize the initiation of the one-year warranty period, reduction of the Faithful Performance Street and Drainage and Water and Sewer security amounts and release the Subdivision Monumentation and Traffic Signalization Mitigation securities; Direct the City Clerk to so advise the Developer and Surety. Minutee\OS\12\97 -4- 08/27/97 Citv Council Minutes .Auaust 12. 1997 10. 11. 13 Accel~tance of Public Streets into the City-Maintained Street (Within Tract No. 33148) (Located Northwesterly and Southeasterly of the intersection of La Serena Way at Calle Medusa) 9.1 Adopt a resolution entitled: RESOLUTION NO. 97-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 22148) Release Warranty and Monument Bonds in Tract No. 731 ?8 (Located at the Southeast corner of North General Kearny Road at Nicolas Road) 10.1 Authorize the release of Faithful Performance Warranty and Subdivision Monument Bonds in Tract No. 23128; 10.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors, the Developer and Surety. Accel~tance of Public Streets into the City-Maintained Street System (Within Tract No. 73178) (Located at the Southeasterly corner of North General Kearny Road at Nicolas Road) 11.1 Adopt a resolution entitled: RESOLUTION NO. 97-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 23128) Accel~t Subdivision Iml~rovements in Tract No. 74131-1 (Located at the Northwesterly corner of Meadows Parkway at Leena Way) 13.1 Accept the public improvements in Tract No. 24131-1; 13.2 Authorize initiation of the one-year warranty period, reduction of the Faithful Performance Street and Drainage, and Water and Sewer security amounts, and release of Subdivision Monumentation Security; 13.3 Direct the City Clerk to so advise the Developer and Surety. Minutes\08\12\87 -5- 08/27/97 Citv Council Minutes .Auaust 12. 1997 14 15. 16. 17. Acceptance of Public Streets into the City-Maintained Street System (Within Tract No. 74131-1) (Located at the Northwesterly corner of Meadows Parkway at Leena Way) 14.1 Adopt a resolution entitled: RESOLUTION NO. 97-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 24131-1) Accept Subdivision Improvements in Tract No. 74135-? (Located at the Southwesterly corner of Pio Pico Road at Amarita Way) 15.1 Accept the public improvements in Tract No. 24135-2; 15.2 Authorize initiation of the one-year warranty period, reduction of the Faithful Performance Street and Drainage, and Water and Sewer security amounts, and release of the Subdivision Monumentation Security; 15.3 Direct the City Clerk to so advise the Developer and Surety. Acceptance of Public Streets into the City-Maintained Street System (Within Tract No. 74135-?) (Located at the Southwesterly corner of Pio Pico Road at Amarita Way) 16.1 Adopt a resolution entitled: RESOLUTION NO. 97-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 24135-2) Completion and Acceptance of the Parkview Site Improvement Project. Phase I. Fire Station 84 - Project No. PW95-09CSD 17.1 Accept the construction of the Park view Site Improvement Project, Phase I, Fire Station 84 - Project No. PW95-09CSD, as complete; 17.2 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; 17.3 Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. Minutes\08\12\97 -6- 08/27/87 City Council Minutes .Auaust 12. 1997 18. 19. 20. 21. 23. Purchase of Asl;)halt Patch Truck 18.1 Approve the purchase of a 1998 IHC 4700 Asphalt Patch Truck for the Public Works Department, Maintenance Division, in the amount of $78,430.68. 18.2 Approve the purchase of an Essick Walk-Behind Roller for the Asphalt Patch Truck in the amount of $11,167.21. Award of Construction Contract for Project No. PW97-11 Citywide A.C. Street Rel~airs FY97-98 19.1 Award a contract for Project No. PW97-11, Citywide A.C. Street Repairs FY97- 98, to Harding and Harper, Inc. for $12,966.90 and authorize the Mayor to execute the contract. 19.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $1,296.69 which is equal to 10% of the contract amount. Parcel M~I~ No. 78471-1 (Located Southwesterly of the intersection of Winchester Road and Zero Drive) 20.1 Approve Final Parcel Map No. 28471-1, subject to the Conditions of Approval. Award of Contract for Project No. PW97-17. Citywide P.C.C. Rel~air Program FY97-98 21.1 Award a contract for Project No. PW97-12 Citywide P.C.C. Repair Program FY97-98 to All Concrete Construction in the amount of $40,862.00 and authorize the Mayor to execute the contract. 21.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $4,086.20 which is equal to 10% of the contract amount. Second Reading of Ordinance No. 97-17 23.1 Adopt an ordinance entitled: ORDINANCE NO. 97-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(d) OF THE TEMECULA MUNICIPAL CODE REGARDING THE PRIMA FACIE SPEED LIMIT ON 1) SOLANA WAY BETWEEN YNEZ ROAD AND DEL REY ROAD, 2) SANTIAGO ROAD BETWEEN FRONT STREET AND YNEZ ROAD, 3) LA SERENA WAY BETWEEN MARGARITA ROAD AND CALLE MEDUSA, AND 4) RAINBOW CANYON ROAD BETWEEN PALA ROAD AND SOUTH CITY LIMITS Minutes\O8\12\87 -7- 08/27/97 Ci~v Council Minutes .Auaust 12. 1997 22. Resolution in Support of the Riverside County Transportation Commission Mayor Pro Tem Roberts expressed his concern over absence of arterial projects in Southwest Riverside County. He stated that support of this resolution is an opportunity to receive better representation on this Commission. It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Ford to approve staff recommendation as follows: RESOLUTION NO. 97-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING PROPOSED LEGISLATION WHICH RESTRUCTURES THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION COUNCIL BUSINFSS 24. Resolution of Intention and Ordinance Amending PFRS Contract Human Resources Manager/Assistant to the City Manager Grant Yates presented the staff report. It was moved by Councilmember Lindemans, seconded by Councilmember Ford to approve staff recommendation as follows: 24.1 Adopt a resolution entitled: RESOLUTION NO. 97-93 A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) AND THE CITY COUNCIL OF THE CITY OF TEMECULA 24.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 97-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) AND THE CITY COUNCIL OF THE CITY OF TEMECULA The motion was unanimously carried with Councilmember Stone absent. Minutes\08\12\97 -8- 08/27/;)7 City Council Minutes .Auoust 12. 1997 25. Development Impact Fees - Clarifications to Ordinance and Resolution Senior Management Analyst Allie Kuhns presented the staff report. It was moved by Councilmember Lindemans, seconded by Councilmember Stone to approve staff recommendation 25.1 as follows: 25.1 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 97-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 15.06 OF THE TEMECULA MUNICIPAL CODE RELATING TO PUBLIC FACILITIES DEVELOPMENT IMPACT FEES AND CREDITS The motion was unanimously carried with Councilmember Stone absent. It was moved by Mayor Pro Tern Roberts, seconded by Councilmember Ford to approve staff recommendation 25.2 as follows: 25.2 Adopt a resolution entitled: RESOLUTION NO. 97-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RESTATING THE TERMS OF RESOLUTION NO. 97-45, WHICH ESTABLISHED AND IMPOSED A PUBLIC FACILITIES DEVELOPMENT IMPACT FEE, AND CLARIFYING CERTAIN MATTERS IN RESOLUTION NO. 97-45 The motion was unanimously carried with Councilmember Stone absent. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT City Attorney Peter Thorson reported, during the Closed Session, the City Council directed him to take all necessary steps to intervene in the matter of Stull vs. The Bank of America. Minutee\OS\12\97 -9- O8/27/87 City Council Minutes .Auaust 12. 1997 ADJOURNMENT It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Ford to adjourn at 7:51 PM to a regular meeting on August 26, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. Patricia H. Birdsall, Mayor ATTEST: City Clerk Minute$\OS\12\97 -1 O- 08127/97