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HomeMy WebLinkAbout061494 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD JUNE 14, 1994 A regular meeting of the Temecula City Council was called to order at 5:36 PM at the Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor Ron Roberts presiding. PRESENT 4 COUNCILMEMBERS: Mu~oz, Parks, Stone, Roberts ABSENT: 1 COUNCILMEMBERS: Birdsall Also present were City Manager Ronald Bradley, City Attorney Scott F. Field, and City Clerk June S. Greek. FX!=CUTIV; S;:SSlON It was moved by Councilmember Parks, seconded by Councilmember Mu~oz to adjourn to Executive Session at 5:37 PMpursuant to Government Code §54957.6, CONFERENCE WITH LABOR NEGOTIATOR, Agency negotiators: Harwood Edvalson and Grant Yates - Employee organization: Teamsters Local 911, representing General and Professional/Confidential employee groups, Government Code §54959.9(b) regarding potential litigation, and §54956.9 Tort Claims: Miller, Charles & Sharon vs. the City of Temecula. The motion was unanimously carried. Mayor Roberts reconvened the City Council meeting in regular session at 7:12 PM. City Manager Bradley reported that negotiations regarding all closed session matters were ongoing and will be continued to the next City Council Closed Session. INVOCATION The invocation was given by Pastor Gary Nelson, Calvary Chapel of Temecula. PLr:DC~!= OF ALL!::GIANC; Mayor Roberts gave a tribute to "Flag Day" and lead the audience in the Pledge of Allegiance. PR!;S!=NTATIONS/ PROC! AMATIONS Mayor Roberts presented Dave Stovall, President of the CRC Building Foundation a proclamation read at the "Taste of the Valley" on June 10, 1994 for "CRC Foundation Day." Mr. Stovall thanked the City for their efforts. Mayor Roberts introduced Motor Officer Mike Pino who presented the Bicycle Safety Essay Contest Winners with awards. Winners of the contest are as follows: Minutes\6\14\94 -1 - 11/07/96 Citv Council Minutes June 14. 1993 6th Grade Girls 1st - Vickie Portillo, Margarita Middle School 2nd - Christina Serna, Temecula Middle School 3rd - Holly Hudson, Margarita Middle School 6th Grade Boys 1st - Jonathan Jacobsen, Margarita Middle School 2nd - Peter Mostert, Margarita Middle School 3rd - Adam Forrest, Temecula Middle School 7th Rrade Girls 1st - Bryna Bunderson, Temecula Middle School 2nd - Nicole Fox, Lindfield School 3rd - Suzana Malek, Temecula Middle School 7th Rrade Boys 1st - Devin Kelly, Lindfield School 2nd - Jerod Elder, Temecula Middle School 3rd - Ryan Kane, Linfield School Mayor Roberts presented Mark Katan, Target Stores, with a certificate of appreciation for his donation of bicycles for the first place contest winners in the Bicycle Safety Essay Contest. Mayor Roberts announced that Public Hearing Item No. 22 would be continued to the meeting of June 28, 1994, since only two members of the Council would be able to vote on this issue. He further stated Public Hearing No. 28 would be continued to the meeting of July 12, 1994, honoring the request for continuance from the applicant. PUB! IC COMM;NTS Frank Spencer, 28690 Front Street, President of the Old Town Main Street Foundation, read a letter requesting the immediate implement of the Main Street Program. He thanked members of the Council and staff for their efforts toward this program. Bonnie Reed, 42050 Main Street, presented a letter to the City Clerk containing the signatures of 56 business owners in Old Town who support the immediate implementation of the Main Street Program. Karel Lindemans, 42740 Las Violetas, asked that the Council research the financial aspects of Assessment Districts 159 and 161. He also asked that the City pursue funds collected by the State under Proposition 111. Lastly, he asked that certain City streets be re-paved. Minutes\6\14\94 -2- 11/07/96 Citv Council Minutes June 14. 1993 Nick Vultaggio, 39813 Creative Drive, stated he received a public hearing notice from the County regarding AD 161, scheduled on July 19th and 26th at 10:00 AM. He asked the Council's assistance in requesting that the County of Riverside hold public hearings regarding Assessment District 161 in Temecula and at a time when residents are able to attend. Mayor Pro Tem Stone asked that staff assist in this effort. City Manager Bradley stated it is his experience that County Agencies do try to accommodate the residents and said staff will draft a letter requesting the County hold AD 161 Public Hearings in Temecula, not Riverside. CITY COUNCIL R!=PORTS Mayor Pro Tern Stone asked that the Council send letters to local representatives to support State Assembly Bill 3797, which gives cities the legal right to control the curfew issue and asked the status of the City's curfew ordinance. City Clerk June Greek reported that curfew section was inadvertently removed from the Municipal Code when it was being codified and staff will bring this section back for adoption. Mayor Pro Tem stone stated he is concerned about unlicensed vendors in the City and asked that this be addressed possibly by allocating more hours toward code enforcement on an "on- call" basis. Councilmember Muhoz stated he attended a conference of the National Civic League and shared ideas presented by cities who have receivied the "All American City" award. Councilmember Parks stated that a meeting of WRCOG will be held on June 23rd from 12:00 Noon to 5:00 PM, with the business meeting being held at 1:30 PM. CONS;NT CA! ;NDAR Mayor Pro Tem Stone requested the removal of Item No. 6 from the Consent Calendar, and announced he would abstain on Item 2.1, since he did not attend that meeting, and Item No. 16 due to the close proximity of his home to the project. Councilmember Parks stated he would abstain on Items 10 and 11 due to the close proximity of his home. Mayor Roberts commented on Item 17, praising the Department of Public Works for bringing this contract in under engineering estimates. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Stone to approve Consent Calendar Items 1-5 and 7-20, with Mayor Pro Tem abstaining on Items 2.1 and 16, and Councilmember Parks abstaining on Items 10 and 11. Minutee\6\l 4\94 -3- 11/07/96 Citv Council Minutes June 1 ~,. 1993 The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Mu~oz, Parks, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Birdsall 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 May 10, 1994; Mayor Pro Tern Stone abstained. 2.2 Approve the minutes of May 23, 1994; 2.3 Approve the minutes of May 24, 1994. Resolution AJ;)l;)roving list of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 94-59 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 Rel;)ort 4.1 Receive and file the City Treasurer's report as of April 30, 1994. Records Destruction Re(;luest 5.1 Approve scheduled destruction of certain records as provided under the City of Temecula approved Records Retention Policy. AI;)l~rOl;)riation of Funds Within the Insurance Internal Service Fund 7.1 Approve appropriation of funds as follows: Property Insurance $ 5,000 Claims Examiner $ 6,500 Minutes\6\14\94 -4- 11/07/96 Citv Council Minutes June 14, 1993 10. 11. Claims Other Outside Services $69,000 $ 2,300 Contract Change Order Nos. 17 through 14 for the Liefer Road Bridge and Street Improvements. Project No. PW93-02 8.1 Approve the final Contract Change Orders Nos. 12 through No. 14 for Liefer Road Bridge and Street Improvements Project, PW 93-02, pertaining to labor and equipment for various items of work, in the amount of $16,655.40. 8.2 Approve an advance from the Development Impact Fund of $2,450.96 to the Capital Projects Fund. Substitute Subdivision Improvement Agreement and Public Iml;)rovement bond Riders in Tract No. 22916-F 9.1 Accept the Substitute Subdivision improvement Agreement and riders for Faithful Performance and Labor and Material Bonds for Street, Water, and Sewer Improvements, and Subdivision Monumentation Bond Rider in Tract No. 22916- F, and Direct the City Clerk to so advise the Developer and Surety. Final Parcel Map No. 25538 - Southeastern Terminus of Fstero Street 10.1 Approve Final Parcel Map No. 25538, subject to the Conditions of Approval. AYES: 3 COUNCILMEMBERS: Mu~oz, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Birdsall ABSTAIN: I COUNCILMEMBERS: Parks Final Parcel Map No. 24633 - Northeast Corner of Estero Street and Ormsby Road 11.1 Approve Final Parcel Map No. 24633, subject to the Conditions of Approval. AYES: 3 COUNCILMEMBERS: Mu~oz, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Birdsall ABSTAIN: 1 COUNCILMEMBERS: Parks Minutes\6\14\94 -5- 11/07/96 Citv Council Minutes June 14. 1993 12. 13. 14. 15. 16. Rond Reduction and Substitute Subdivision Improvement Agreement and New Public Improvement Bonds in Tract No. 77915-7 12.1 Authorize a sixty-five (65) percent reduction in Faithful Performance, Street, Water and Sewer improvement bond amounts, accept the substitute Subdivision Improvement Agreement and new Public Improvement Bonds in Tract No. 22915-2 and Direct the City Clerk to so advise the Developer and Surety. Substitute Subdivision Improvement Agreement and Public Improvement Bond Riders in Tract No. ?7916-? 13.1 Accept Substitute Subdivision Improvement Agreement and Riders to Faithful Performance and Labor and Material Bonds for Street, Water and Sewer Improvements, and Subdivision Monumentation Bond Riders in Tract No. 22916- 2, and Direct the City Clerk to so advise the Developer and Surety. Bond Reduction and Substitute Subdivision Improvement Agreement and New Public Improvement Bonds in Tract No. 77915-3 14.1 Authorize a fifty-three (53) percent reduction in Faithful Performance Street, Water and Sewer Improvement Bond Amounts, accept the Substitute Subdivision Improvement Agreement and Public Improvement Bonds in Tract NO. 22915-3 and Direct the City Clerk to so advise the Developer and Surety. Substitute Subdivision Improvement Agreement and Replacement Public Improvement Bonds in Tract No. 77916-3 15.1 Accept Substitute Subdivision Improvement Agreement and Replacement of Faithful Performance and Labor and Material Bonds for Street and Water Sewer Improvements, and Subdivision Monumentation Bond in Tract No. 22916-3 and Direct the City Clerk to so advise the Developer and Surety. Award Bid to Remove Three Desilting Ponds Along with Debris and Sediment in the Santiago Channel from Vallejo Avenue to John Warner Road 16.1 Award a bid for removal of sediment of three (3) desilting ponds in Santiago Channel to Moody Excavating, the lowest responsible bidder, for the sum of $18,534.34. AYES: 3 COUNCILMEMBERS: Mu~oz, Parks, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Birdsall ABSTAIN: 1 COUNCILMEMBERS: Stone Minutes\6\14\94 -6- 11/07/96 City Council Minutes June 14. 1993 17. 18. 19. Completion and Acceptance of the Pujol Street and First Street Widening. project NO. PW97-09 17.1 Accept the Pujol St. and First St. Widening Project No. PW92-09, 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. Solicitation of Construction Bids for the Installation of Traffic Signal and Vehicle Pre- emption FQuipment. Project No. PW 94-05 18.1 Approve the construction plans and specifications and authorize the public Works Department to solicit public construction bids for providing and installing Traffic Signal pre-emption equipment at the intersections of Rancho California Road and Front Street, Rancho California Road and Diaz Road, Margarita Road and Rancho Vista Road, Margarita Road and Moraga Road, and the providing and installing of Vehicle Pre-Emption equipment on nine (9) Fire Department vehicles. project NO. PW94-05. Contract for Professional Services with C.M. "Max" Gilliss 19.1 Approve and authorize the Mayor to execute Professional Services Agreement with C.M. "Max" Gilliss to act as a liaison between the City and Government Agencies and special interest groups for an amount not to exceed $8,400. 20. Solicitation of Construction Bids for the Construction of a Temporary Traffic Signal at Winchester and Nicolas Roads. Project No. PW93-11 20.1 Approve the Construction Plans and Specifications and authorize the Public Works Department to solicit public construction bids for the construction of a temporary traffic signal on Winchester and Nicolas Roads, Project No. PW93-11. Capital Improvement Project Rancho California Sports Park Desiltation Lake Improvement Project Mayor Pro Tem Stone asked if the City will be able to find the balance of the funding to complete this project. Director of Community Services Shawn Nelson stated that this study is required by the State to move forward and with use of the $100,000 grant from URGE and the ClP, the first phase of improvements should be able to be completed. Minutes\6\14\94 -7- 1 1/O7/96 City Council Minutes June 14. 1993 It was moved by Mayor Pro Tem Stone, seconded by Councilmember Parks to approve staff recommendation as follows: 6.1 Approve Amendment No. 1 for $12,000 to the design contract with J.F. Davidson Associates, Inc. for preparation of a biological study and analysis. 6.2 Appropriate $12,000 to Capital Projects Account No. 210-190-138-5802 and approve an operating transfer from Development Impact Fund of $12,000, establishing the Rancho California Desiltation Lake Improvement Project. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Mu~oz, Parks, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Birdsall RFCFSS Mayor Roberts called a recess at 8:09 PM. Mayor Roberts reconvened the City Council Meeting in joint session with the Redevelopment Agency at 9:23 PM. 26. International Rectifier Owner Participation Agreement It was moved by Mayor Pro Tem Stone, seconded by Councilmember Mu~oz to approve staff recommendation prior to RDA action as follows: 26.1 Adopt a resolution entitled: RESOLUTION NO. 94-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPRO~NG AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND INTERNATIONAL RECTIFIER, A CALIFORNIA CORPORATION The motion was unanimously carried with Councilmember Birdsall absent. R;C;SS Mayor Roberts recessed the City Council meeting at 9:25. The meeting was reconvened at 9:32 PM. Minutes\6\14\94 -8- 11/07/96 City Council Minutes June 14. 1993 PUB! IC Hr:ARINC~S 21. Change of 7one No. 5570-Johnson + Johnson - a re(;luest for the Redesignation of Three Parcels from R-A-5 (Residential Agricultural. 5 acre minimum [)arcel size) to R-3 (General Residential) and C-0 (Commercial Office) Director of Planning Gary Thornhill presented the staff report. Mayor Roberts opened the public hearing at 9:36 PM. Karel Linderoans, 42740 Las Violetas, speaking on behalf of the Rancho Community Home Owners Association, spoke in favor of staff recommendation for denial. Lena Seeman, 42700 Las Violetas Ct., spoke in favor of staff recommendation for denial. Mayor Roberts closed the public hearing at 9:43 PM. It was moved by Councilmember Muhoz, seconded by Mayor Pro Tern Stone to approve staff recommendation. Mayor Pro Tem Stone asked that the motion be amended to remove the language "without prejudice" in the resolution. Councilmember Mu~oz amended his motion, Mayor Pro Tem amended his second to approve staff recommendation with the amendment to remove the language "without prejudice" in the resolution and the title as follows: 21.1 Adopt a resolution entitled: RESOLUTION NO. 94-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING CHANGE OF ZONE NO. 5570 - A REQUEST TO CHANGE THE ZONE ON THREE PARCELS FROM R-A-5 {RESIDENTIAL AGRICULTURAL 5 ACRE MINIMUM PARCEL SIZE) TO C-O (COMMERCIAL OFFICE) ON PARCELS NO. I AND 3 AND FROM R-A-5 TO R-3 (GENERAL RESIDENTIAL) ON PARCEL NO. 2 ON PROPERTY LOCATED AT THE NORTHEASTERN CORNER OF RANCHO VISTA AND YNEZ ROADS AND KNOWN AS ASSESSOR'S PARCEL NUMBERS 944-290-015, 944- 290-016, AND 944-290-017 Minutes\6\14\94 -9- 11/07/96 Citv Council Minutes June 14. 1993 The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Muhoz, Parks, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Birdsall 22. Al~l~eal of Planning Aj;)l;)lication Nos. 93-0157 and 94-000? (Temecula Valley Unified School District Maintenance. ODeration and Transl~ortation Facility and Associated Environmental Iml~act Rel~ort Mayor Roberts opened the public hearing at 9:45 PM. Mayor Roberts continued the public hearing to the meeting of June 2.8, 1994. 23. ! ease Agreement with the Temecula Valley Historical Museum Foundation Mayor Roberts opened the public hearing at 9:47 PM. Mayor Roberts continued the public hearing to the meeting of July 12, 1994. COUNCl! RUSlNFSS 24. Entertainment Licensing Ordinance City Attorney Peter Thorson presented the staff report and recommended the addition of Section 9.10.090 providing that the Chief of Police may approve the license re-issue annually. It was moved by Councilmember Mu~oz, seconded by Mayor Pro Tem Stone to approve staff recommendation with the addition of Section 9.10.090 which provides language approved by the City Attorney permitting the Chief of Police to approve the license re- issue annually. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Mu~oz, Parks, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Birdsall 25. Extension of Time for Variance No. 10 - a Fifty-Five (55) Foot High Freeway Oriented Sign for Creekside Texaco Minutes\6\ 14\94 -1 O- 11/O7/~)§ Ci~v Council Minutes June 14. 1993 Director of Planning Thornhill reported the applicant has requested this matter be continued. Councilmember Mu~oz asked the reasoning behind this request. Director of Planning Thornhill explained that a memo sent to the applicant supports the applicant's request and the applicant feels he has not had adequate notice of the meeting. It was moved by Councilmember Parks to continue the item. The motion died for a lack of a second. Lou Kashmere, 24115 Front Street, stated there is a conflict between the agreement he signed, a letter sent by staff and the understanding he had from the Council meeting when the Variance was granted. He asked, since no complaints have been received regarding his sign, that the variance be extended. It was moved by Councilmember Mui~oz, seconded by Mayor Pro Tem Stone to extend the meeting until 10:45 PM. The motion was unanimously carried with Councilmember Birdsall absent. Councilmember Mu~oz voiced his objection to granting a further variance, stating that Mr. Kashmere signed an agreement to voluntarily lower his current sign by 10 feet at the end of a two year period. Mayor Pro Tem Stone said he does not want to set a precedence for future projects by extending the variance. Councilmember Parks stated the purpose for a variance is to consider individual cases and stated he does not have a problem with this sign. Mayor Roberts said that because this property's elevation is at a lower level than surrounding properties, the sign is barely visable from the freeway and stated he feels the variance should be extended. RFCFSS Mayor Roberts called a recess at 10:26 PM to change the tape. The meeting was reconvened at 10:27 PM. Councilmember Parks moved the Temporary Variance be continued for 30 days. The motion died for a lack of a second. It was moved by Councilmember Mu~oz, seconded by Mayor Pro Tem Stone to enforce the terms of the agreement and to require the applicant to bring the sign into compliance with the height requirements. Minutes\6\14\94 -11- 11/07/$6 Citv Council Minutes 27. June 14. 1993 Mayor Pro Tem Stone asked the motion be amended to allow Mr. Kashmere a six month period of time to show if any substantial loss of business occurs and the Council would re-evaulate the sign at that time. Councilmember Mu~oz did not agree to the amendment. The motion failed by the following vote: AYES: 2 COUNCILMEMBERS: Mu~oz, Stone NOES: 2 COUNCILMEMBERS: Parks, Roberts ABSENT: I COUNCILMEMBERS: Birdsall City Attorney Thorson advised the Council that the agreement provisions would be enforced by virtue of the time extension having expired and the fact that action to extend the variance did not carry. Financing and Construction Agreement Regarding the Widening of Margarita Road Retween Rancho California Road and L~ Serena Way Director of Public Works Tim Serlet presented the staff report. Councilmember Mu~oz stepped down from the podium due to a conflict of interest. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Stone to approve staff recommendation as follows: 27.1 Approve the agreement with Margarita Village Retirement Community, Inc. providing for the financing and construction of the East side of Margarita between Rancho California Road and La Serena Way to ultimate width, and authorize the Mayor to execute the agreement; 27.2 Appropriate $168,517 in the Margarita Road Reimbursement District Fund Account No. 220-165-610-5804; 27.3 Approve a $168,517 advance from the Development Impact Fund to the Margarita Road Reimbursement District Fund. Minutes\6\14\94 -12- 11107196 Citv Council Minutes June 14. 1993 The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Parks, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Birdsall ABSTAIN: I COUNCILMEMBERS: Mu~oz 28. City Manager's (~ontract Mayor Roberts presented the staff report. It was moved by Councilmember Mu~oz, seconded by Mayor Pro Tem Stone to approve the City Manager's employment contract and authorize the Mayor and City Clerk to execute the agreement. The motion was unanimously carried with Councilmember Birdsall absent. 29. Ordinance Restricting Trucks Over Six Thousand (6.000) Pounds on Rainbow Canyon Road from Pala Road to the Southern City Limit Director of Public Works Tim Serlet presented the staff report. It was moved by Councilmember Mu~oz, seconded by Mayor Pro Tern Stone to approve staff recommendation as follows: 29.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 94-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING CHAPTER 10.20 OF THE TEMECULA MUNICIPAL CODE TO ADD WEIGHT LIMITS ON DESIGNATED STREETS The motion was unanimously carried with Councilmember Birdsall absent. CITY MANAC~IFR RFPORTS None given. CITY ATTORNIFY RIFPORTS None given. Minutes\6\14\94 -13- I 1/07/96 Citv Council Minutes June 14. 1993 ADJOURNM;NT It was moved by Mayor Pro Tern Stone, seconded by Councilmember Mu~oz to adjourn at 10:40 PM to a meeting on June 28, 1994, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried with Councilmember Birdsall absent. ~rts, Mayor ATTEST: [SEAL] Minutes\6\14\94 -14- 11/07/96