HomeMy WebLinkAbout112994 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
HELD NOVEMBER 29, 1994
A regular meeting of the Temecula City Council was called to order at 7:08 PM at the
Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor Ron
Roberts presiding.
PRESENT 5
COUNCILMEMBERS: Birdsall, Mu~oz, 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.
!=X!::CUTIV!= S;SSION
A meeting of the City of Temecula City Council was called to order at 6:06 PM. It was moved
by Mayor Pro Tem Stone, seconded by Councilmember Birdsall to adjourn to Executive Session
pursuant to Government Code Sections:
1. §54956.8, Real estate negotiations;
2. §54954.5(b), CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Property: Amscan
Inc., 28401 Rancho California Road; Negotiating parties: City of Temecula and Amscan
Inc.; Under negotiation: Owner Participation Agreement for manufacturing facility.
3. §54954.5(b), CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Property: Advanced
Chemill Systems, 43153 Business Park Drive, Bldg. H; Negotiating parties: City of
Temecula and Advanced Chemill Systems/Union Bank; Under negotiation: Developer
Disposition Agreement.
The motion was unanimously carried.
INVOCATION
The invocation was given by Pastor Mike Brisson, Cornerstone Community Church.
PL;DRF OF ALLFGIANC;
The audience was led in the flag salute by Councilmember Birdsall.
PR!=SENTATIONS/
PROC! AMATIONS
Presentations were made to Councilmember Birdsall by the following organizations:
John Sterling of the Temecula Town Association
Tim Verhoff, Temecula Volunteer Firefighters
Larry Benson, Fire Department
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Joan Sparkman and Ron Sullivan on behalf of Senator Marian Bergeson
Aggie Goodacre on behalf of Congressman Ken Calvert
Lynn Fahene and Rick Sanchez on behalf of the Police Department
City Clerk June Greek on behalf of former Councilmember Peg Moore
Mayor Roberts on behalf of the City Council
Sam Alhadeff on behalf of Councilmember Birdsali's colleagues and friends.
Councilmember Birdsall thanked everyone for their presentations and said she felt the City has
made great accomplishments over the past five years. She thanked staff for their efforts toward
making the City what it is today. Councilmember Birdsall asked that Mayor Roberts present a
certificate of appreciation.
Mayor Roberts presented a certificate of appreciation to Barbara Pearson, for her services as
a volunteer Administrative Aid to Councilmember Birdsall over the past five years and thanked
her for her efforts.
NIRN BUSINFSS
A. Resolution Certifying Election Results
It was moved by Mayor Pro Tern Stone, seconded by Councilmember Mu~oz to approve
staff recommendation A.1 as follows:
A.1 Adopt a resolution entitled:
RESOLUTION NO. 94-111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, RECITING
THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8,
1994, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED
BY LAW
The motion was unanimously carried.
City Clerk June S. Greek administered the oath of office to Ronald J. Parks and Karel
F. Lindemans.
RFCFSS
Mayor Roberts called a recess at 7:32 PM. The meeting was reconvened following the
previously scheduled Community Services District Meeting and the Redevelopment Agency
Meeting at 8:45 PM.
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PUBLIC COMMENTS
Kathleen Cassaro, 31616 Paseo Goleta, spoke in opposition to the proposed Old Town
Entertainment Center, based on financing concerns.
Phila McDaniel, 42050 Main, No. B, spoke in opposition to the proposed Old Town
Entertainment Center, stating as a business owner in Old Town, her rent has already been
raised. She also expressed concern about the construction phase.
Sam Pratt, 40470 Brixton Cove, stated he has not received a response to his letter requesting
information on the proposed Old Town Entertainment Center and Mr. Zev Buffman. City
Manager Ronald Bradley stated the City mailed a response to Mr. Pratt's letter, in which each
of the nine items requested were addressed under the provisions of the Government Code. He
explained the City would not recommend advancing $5,000 to T.O.T.A.L. (Temecula Old Town
Advancement League) for further studies.
Stacy Tessier, 40595 Eyota, Murrieta, read an article regarding the proposed project.
Tom Olinstead, 39341 Salinas Drive, Murrieta, representing Citizens Against the French Valley
Airport Expansion, spoke in opposition to this expansion.
Rita Gentry, 37100 Los Alamos Road, Murrieta, spoke in opposition to the French Valley Airport
Expansion.
CITY COUNCIL REPORTS
Councilmember Mu~oz reported he has been elected President of the Inland Empire Division of
the League of California Cities.
Mayor Roberts stated he has been appointed to serve as a member of the Public Safety Division
of the League of California Cities.
CONSFNT CALENDAR
Councilmember Lindemans stated he would abstain on Item No. 2 the minutes of October 18,
1994. Councilmember Parks stated he would also abstain on Item No. 2 since he was absent
from that meeting.
Mayor Pro Tem Stone requested the removal of Items 8, 9 and 10 from the Consent Calendar.
Councilmember Mu~oz stated he would abstain on Items 5,6, 8 and 10.
It was moved by Councilmember Parks, seconded by Mayor Pro Tem Stone to approve Consent
Calendar Items 1-7, with Councilmembers Parks and Lindemans abstaining on Item No. 2 and
Councilmember Mu~oz abstaining on Items 5 and 6. The motion was unanimously carried.
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November 29, 1994
Standard Ordinance Adol;)tion Procedure
1.1 Motion to waive the reading of the text of all ordinances and resolution included
in the agenda.
Minutes
2.1 Approve the minutes of October 18, 1994.
The motion was carried by the following vote:
AYES: 3 COUNCILMEMBERS: Stone, Mu~oz, Roberts
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 2 COUNCILMEMBERS: Lindemans, Parks
Resolution Apl;)roving List of Demands
3.1 Adopt a resolution entitled:
RESOLUTION NO. 94-112
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 September 30. 1994 and the Statement of Revenues,
Ex,I;)enditures and Changes in Fund Balance. and the Statement of Revenues. Expenses
and Changes in Retained Earnings for the Three Months Ended Sel;)tember 30. 1994
4.1 Receive and file the Combining Balance Sheets as of September 30, 1994 and
the Statement of Revenues, Expenditures and Changes in Fund Balance, and the
Statement of Revenues, Expenses and Changes in Retained Earnings for the
Three Months Ended September 30, 1994.
4.2 Appropriate $45,000 to Building and Safety Department Account NO. 001-162-
999-5248 "Consulting Services".
Agreement - City of Temecula/Eastern Municil~al Water District for Construction of
Sanitary Sewer - Solana and 1-15
5.1 Approve the agreement, authorize the Mayor to execute and direct the City Clerk
to forward the executed agreement to Eastern Municipal Water District (EMWD).
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o
The motion carried by the following vote:
AYES: 4
NOES: 0
ABSENT: 0
ABSTAIN: 1
COUNCILMEMBERS: Lindemans, Parks, Stone, Roberts
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS; Mu~oz
Accel~tance of Public Street Iml;)rovements constructed Under Assessment District No.
161 (Nicolas Road from Winchester Road to Jose0h Road)
6.1 Accept the public street improvements as constructed under the Properties
Ranch Assessment District No. 161, in Nicolas Road between Winchester Road
(State Highway Route No.79 North) and Joseph Road.
The motion carried by the following vote:
AYES: 4 COUNCILMEMBERS: Lindemans, Parks, Stone, Roberts
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 1 COUNCILMEMBERS; Mu~oz
Coml;)letion and Accel;;)tance of the Traffic Signal Modification at the Intersection of
Rancho California Road and Front Street. Project No. PW94-09
7.1 Accept the Traffic Signal Modification at the Intersection of Rancho California
Road and Front Street, Project No. PW94-09, 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.
Award of Contract for Construction of Winchester road Interim Street Iml;)rovements.
Project No. PW94-03
Mayor Pro Tem Stone expressed concern that construction will create adverse traffic
conditions on the Winchester Road overcrossing and suggested the alternative bid be
utilized so the work may be done at night.
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Councilmember Parks stated he would be concerned that the time of the project may
be extended if the work is done at night and suggested a combination of day and night
work.
It was moved by Councilmember Parks, seconded by Councilmember Lindemans to
approve staff recommendation with the inclusion of $15,000 for an add alternate bid
for night time work and directed staff to work with the contractor to assure the most
efficient and expeditious construction of the project without creating adverse traffic
conditions due to lane closures.
8.1
Award a contract for the construction of Winchester Road Interim Street
Improvements, Project No. PW94-03 to Chance Edmondson for the base bid of
$241,407.57 and authorize the Mayor to execute the contract.
8.2
Authorize the City Manager to approve change orders not to exceed the
contingency amount of $24,140.76 which is equal to 10% of the contract
amount.
8.3
Approve a budget transfer in the amount of $63,000 from the Pavement
Management project to the Winchester Road Interim Street Improvement Project.
The motion carried by the following vote:
AYES:
4 COUNCILMEMBERS: Lindemans, Parks, Stone, Roberts
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: I
COUNCILMEMBERS; Mu~oz
Award of Contract for the Construction of Pala Road at Highway 79S Interim Right Turn
Lane. I~roject No. PW94-08
It was moved by Mayor Pro Tem Stone, seconded by Councilmember Lindemans to
approve staff recommendation with the inclusion of $6,335.49 for an add alternate bid
for night time work and directed staff to work with the contractor to assure the most
efficient and expeditious construction of the project without creating adverse traffic
conditions due to lane closures.
9.1
Award a contract for base bid only, for the construction of the Pala Road at
Highway 79S Interim Right Turn Lane, Project No. PW94-08 to Pro-Civil
Engineering, Inc. $40,590.47 and authorize the Mayor to execute the contract.
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10.
November 29. 1994
9.2 Authorize the City manager to approve change orders not to exceed the
contingency amount of $4,059.05 which is equal to 10% of the contract
amount.
The motion was unanimously carried.
Community Facilities District 88-17 - Winchester Interchange Iml~rovements Agreement
with Riverside County for Real Property Services
Mayor Pro Tem Stone asked why this type of serve requires such expertise. Interim
Director of Public Works Joe Kicak explained this type of service requires special
certification and only three or four agencies in the area can provide this service.
Mayor Pro Tem stone asked that hourly rates be established and timesheets be provided
to the City before final payment is made.
It was moved by Councilmember Parks, seconded by Mayor Pro Tern Stone to approve
staff recommendation as follows:
10.1
Approve an agreement with the County of Riverside to provide Real Property
Services for the acquisition of property for the Winchester Interchange
Improvements - CFD 88-12 in an amount not to exceed $25,000.
10.2 Authorize the Mayor to execute the agreement.
The motion was carried by the following vote:
AYES: 4 COUNCILMEMBERS: Lindemans, Parks, Stone, Roberts
NOES: 0 COUNCILMEMBERS: None
ABSENT:
ABSTAIN:
PUBLIC HFARINGS
11.
0 COUNCILMEMBERS: None
COUNCILMEMBERS; Mu~oz
Cable Television Rate Regulation
City Attorney Peter Thorson recommended the hearing be cancelled and that continued
negotiations with Inland Cable be authorized. He explained that Council could go
forward with the hearing and adopt the resolution, however Inland Cablevision would
then appeal and a hearing on the appeal would take approximately one year.
It was moved by Mayor Pro Tem Stone, seconded by Councilmember Parks to cancel
the public hearing. The motion was unanimously carried.
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12. Vesting Tentative Tract MaD 95063 and Change of 7one No. 5598
Planning Director Gary Thornhill presented the staff report.
RFCFSS
Mayor Roberts called a brief recess at 9:38 PM to change the tape. The meeting was
reconvened at 9:39 PM.
Mayor Roberts opened the public hearing at 9:40 PM.
Larry Markham, 41750 Winchester Road, requested the public hearing be continued until
the special study is completed. He stated this is the only application that presently
exists within the special study zone.
Mike Knowlton, 39130 Pala Vista Drive, spoke in support of staff recommendation.
Mayor Roberts closed the public hearing at 9:45 PM.
Mayor Pro Tern Stone asked how long the applicant would have to wait to reapply if this
map is denied. Mr. Thornhill answered one year.
It was moved by Councilmember Parks, seconded by Councilmember Mu~oz to approve
staff recommendation to deny the Tentative Tract Map and Change of Zone without
I;)re,,judice.
12.1 Adopt a resolution entitled:
RESOLUTION NO. 94-113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING
VESTING TENTATIVE TRACT MAP NO. 25063 TO SUBDIVIDE A 20 ACRE
PARCEL INTO 68 SINGLE FAMILY LOTS AND ONE OPEN SPACE LOT LOCATED
ON THE SOUTH SIDE OF NICOLAS ROAD APPROXIMATELY 2,000 FEET EAST
OF CALLE GIRASOL AND KNOWN AS ASSESSOR'S PARCEL NO. 914-480-005
12.2 Adopt a resolution entitled:
RESOLUTION NO. 94-114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING
CHANGE OF ZONE NO. 5598 TO CHANGE THE EXISTING ZONING OF R-A-2½
(RESIDENTIAL AGRICULTURAL 2½ ACRE MINIMUM PARCEL SIZE) TO R-1
(SINGLE FAMILY DWELLING) AND R-5 (OPEN SPACE) ON A 20 ACRE PARCEL
LOCATED ON THE SOUTH SIDE OF NICOLAS ROAD APPROXIMATELY 2,000
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FEET EAST OF CALLE GIRASOL AND KNOWN AS ASSESSOR'S PARCEL NO.
914-480-005
The motion was unanimously carried.
13.
Change of 7one AI;)l;)lication No. ?6 - A Change of 7one for a ? 1.4 Acre Parcel from R-A-
70 (Residential Agricultural-?0 acre minimum [)arcel size) to C-O (Commercial Office)
and R-5 (ODen Slyace)
Planning Director Gary Thornhill presented the staff report.
Mayor Roberts opened the public hearing at 9:55 PM.
Larry Markham, 41750 Winchester Road, spoke in favor of the project.
Mayor Roberts closed the public hearing at 9:56 PM.
It was moved by Mayor Pro Tem Stone, seconded by Councilmember Lindemans to
approve staff recommendation as follows:
13.1 Adopt the Negative Declaration for Change of Zone No. 26.
13.2 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 94-32
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY FOR CHANGE OF ZONE
APPLICATION NO. 26, CHANGING THE ZONE FROM R-A-20 (RESIDENTIAL
AGRICULTURAL 20 ACRE MINIMUM PARCEL SIZE) TO C-O (COMMERCIAL
OFFICE) AND R-5 (OPEN SPACE} ON PROPERTY LOCATED ON THE
SOUTHWESTERLY CORNER OF RANCHO CALIFORNIA ROAD AND RIDGE PARK
DRIVE AND KNOWN AS ASSESSOR'S PARCEL NUMBER 940-310-014
The motion was unanimously carried.
It was moved by Mayor Pro Tem Stone, seconded by Councilmember Parks to extend the
meeting to 11:00 PM. The motion was unanimously carried.
RFCFSS
Mayor Roberts called a recess at 10:00 PM. The meeting was reconvened at 10:05 PM.
COUNCIl BUSINFSS
Mayor Roberts reordered the agenda to accommodate those wishing to speak on Item No. 17.
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17.
14.
Community Services Funding Program
Assistant City Manager Mary Jane McLarney presented the staff report.
Eve Craig, 43633 Buckeye Road, representing the Arts Council, thanked the City Council
for their continuing support.
Maxine Bendikson, 41270 Valencia Way, representing the Rancho Temecula Area
Women's Club, thanked the Council for their support.
Jean Sackin, 43098 Corte Villa, representing the Fine Arts Network, asked that the
Council reconsider a grant for this organization, and explained the primary focus is on
the youth of the community.
James McLean, 24738 Leafwood Drive, Murrieta, spoke in support of a grant for the the
Fine Arts Network.
Mark Lohman, 39796 Avenida Palizada, spoke in support of the Fine Arts Network.
Betty Joe McFerson, 41877 Enterprise Circle, representing the Temecula Valley
Playhouse, explained the increased need for funding this year and stated new sound
equipment is needed to produce musicals scheduled for the upcoming year.
Councilmember Parks asked why funding was not recommended for the Fine Arts
Network. Mayor Pro Tern Stone explained this is a new organization and no track
records exists at this time.
Councilmember Mu~oz expressed concern regarding funding for Penfold
Communications, based on irregularities in the way they handled previous funding.
Mayor Roberts asked for an opinion from the City Attorney. City Attorney Thorson
stated that based on his review, no illegal irregularity existed.
Councilmember Mu~oz stated he would vote "no" on the funding for Penfold
Communications.
It was moved by Councilmember Parks, seconded by Mayor Pro Tern Stone to approve
recommendations for funding as contained in the staff report, noting a "no" vote cast
for Penfold Communications by Councilmember Mu~oz. The motion was unanimously
carried.
Main Street Program
Mayor Pro Tern Stone announced he would abstain on this item due to a conflict of
interest and stepped down from the dias.
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15.
RFCFSS
Associate Planner Dave Hogan presented the staff report.
Councilmember Parks asked if there is a precedent setting issue created by eliminating
By-law Amendment No. 1. City Attorney Thorson stated it is a matter of policy and did
not see this issue as precedent setting.
It was moved by Councilmember Parks, seconded by Councilmember Lindemans to
approve staff recommendations contained in the staff report with the exception of item
number one of the By-law Amendments. The motion was unanimously carried with
Mayor Pro Tern Stone abstaining.
Public/Traffic Safety Commission Goals and Objectives
Interim Public Work Director Joe Kicak presented the staff report.
Mayor Roberts stated he would like to delete Number 5 dealing with participation in
City's annual budgeting process.
Councilmember Mu~oz expressed concern regarding offending the Commissioners.
Mayor Roberts called a brief recess at 10:48 to change the tape. The meeting was reconvened
at 10:49 PM.
16.
It was moved by Councilmember Parks, seconded by Councilmember Mu~oz to approve
staff recommendation with direction to include Item No. 5 of the proposed duties.
15.1 Direct staff to prepare a resolution defining the Public/Traffic Safety
Commission's Goals and Objectives.
The motion was carried by the following vote:
AYES: 3
NOES: 2
ABSENT: 0
COUNCILMEMBERS: Lindemans, Mu~oz, Parks
COUNCILMEMBERS: Stone, Roberts
COUNCILMEMBERS: None
Fstablishing and Amending Time Limits in the County of Riverside Redevelol~ment Plan
1-1988
Mayor Pro Tern Stone stated he would abstain on this item due to a conflict of interest.
City Attorney Peter Thorson presented the staff report.
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It was moved by Councilmember Lindemans, seconded by Councilmember Parks to
approve staff recommendation:
16.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 94-33
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ESTABLISHING AND AMENDING TIME LIMITS IN THE COUNTY OF RIVERSIDE
REDEVELOPMENT PLAN 1-1988
The motion carried by the following vote:
AYES: 4 COUNCILMEMBERS: Lindemans, Mu~oz, Parks, Roberts
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 1 COUNCILMEMBERS: Stone
CITY MANAG!=R R!=PORTS
None given.
CITY ATTORNFY R!=PORTS
None given.
ADJOURNMFNT
It was moved by Councilmember Parks, seconded by Mayor Pro Tern Stone to adjourn at 10:55
PM. The motion was unanimously carried.
Ron Roberts, Mayor
ATTEST:
June~;;~, 'CMC, City Clerk-~k~
[SEAL]
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