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HomeMy WebLinkAbout061196 CC Minutes MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD JUNE 11, 1996 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 Lindemans presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Ford, Roberts, Stone, Lindemans ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Ronald Bradley, Assistant City Attorney Mike Estrada, and City Clerk June S. Greek. PRELUDE MUSIC The prelude and intermission music was provided by Miss Katie Jones. INVOCATION The invocation was given by Reverend John R. Chambers, Grace Presbyterian Church. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Mayor Pro Tem Birdsall. PRESENTATIONS/ PROCLAMATIONS Mike Angel, President of the Volunteer Fire Company made a presentation to the City Council describing the services provided to Temecula by the Volunteer Fire Company. Mayor Lindemans and City Councilmembers expressed appreciation to Mr. Angel and the Volunteer Fire Company for the valuable service they provide to the citizens of Temecula. Mayor Lindemans presented a Special Achievement Award to Officer Joe Nardone and his Partner Tango for their First Place Finish at the Redondo Beach Police Canine Trials, held on May 10 and 11, 1996. Mayor Lindemans proclaimed June 1996, to be "Shop Temecula First Month." Katherine Aaron, Chairman of the "Shop Temecula First" Campaign, Alice Sullivan and Joan Sparkman accepted the proclamation and thanked the City Council for their support. Mayor Lindemans proclaimed June 16-23, 1996, to be "Amateur Radio Week." Minutes\06\1 1\96 -1- 07/10/96 City Council mutes June 11, 1996 CITY COUNCIL REPORTS Councilmember Ford requested the RCHCA Director, Brian Lowe, be invited to make a presentation regarding the RCHCA activities at a future City Council meeting and that this be placed on the agenda. Councilmember Ford reported he attended the Murrieta/Temecula Joint Traffic Committee which met and identified top priorities regarding traffic concerns. He stated a report will be placed on a future agenda. Councilmember Ford also reported the Friendship Games were held June 1, 1996 and Citizens For a Safer Temecula had a booth where materials were distributed. He also stated that he hosted the "Stand for Children's Day" where materials were handed-out to people in the stands. Councilmember Stone announced another meeting of the Citizens for a Safer Temecula is scheduled for Thursday, June 13, 1996, 7:30 PM, at the Community Recreation Center. Councilmember Roberts reminded the City Council that the Annual WRCOG General Assembly Dinner is planned for this Thursday, June 13, 1996. Councilmember Roberts reported he attended a SCAG retreat where regional transportation and legislative issues were discussed. PUBLIC COMMENTS City Clerk June Greek read a letter into the record from the Citizens for a Safer Temecula thanking the City Council for their assistance in allotting time for the City Attorney to review the existing penal code relating to sex offenders. Bill Harkins, 30445 Anaconda Court, requested that the City Council place an urgency on the installation of a signal on Rancho California Road and Humber Way. Public Works Director Joe Kicak reported that the City Council will receive the request to solicit bids at the next City Council Meeting on June 25, 1996. Richmond Jackson, 30450 Anaconda Court, expressed appreciation to the City Council for taking actions to expedite the installation of a traffic signal at Rancho California Road and Humber Way. Wayne Hall, 42137 Agena, addressed the citizens of Temecula, asking that they pull-over and allow emergency vehicles to proceed without any obstructions when they were using their lights and sirens. Minutes\06\1 1\96 -2- 07/10/96 Coty Council Minutes June 11, 1996 RECESS Mayor Lindemans called a recess at 7:42 PM. The meeting was reconvened at 8:00 PM. CONSENT CALENDAR Mayor Pro Tem Birdsall registered a "no" vote on Consent Calendar Item No. 7. Councilmember Stone requested the removal of Item No. 5 from the Consent Calendar. Councilmember Stone questioned Item No. 7, asking if anything had changed from the original bid. Public Works Director Kicak stated that the bid presented is the same amount and same conditions previously submitted. Mayor Lindemans noted an abstention on Item No. 2, since he was not present at the meeting of May 28, 1996. It was moved by Councilmember Roberts, seconded by Councilmember Ford to approve Consent Calendar Items 1-4 and 6-10. The motion was unanimously carried with Mayor Stone abstaining on Item No. 2 and Mayor Pro Tem Birdsall voting 'no" on Item No. 7. 1 . Standard Ordinance Adopt6on Procedure 1.1Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2.Approval of Minutes 2.1 Approve the minutes of May 28, 1996. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Ford, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Lindemans Minutes\06\1 1\96 -3- 07/10/96 City Council Minutes June 11, 1996 3.Resolution Approvina List of Dema@ 3.1Adopt a resolution entitled: RESOLUTION NO. 96-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4.City Treasurer's Report 4.1Receive and file the City Treasurer's Report as of April 30, 1996. 6.All-Way "Stop' - Buckeye Road at Preece Lane 6.1Adopt a resolution entitled: RESOLUTION NO. 96-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING "STOP" SIGN LOCATION ON BUCKEYE ROAD AT PREECE LANE 7.Award of Contract for the Walcott Corridor, Proiect PW94-@ 7.1Award a contract for the construction of the Walcott Corridor, Project PW94-1 0 to Hemet Manufacturing Company, Inc. dba Genesis Construction for $1,716,637.50 and authorize the Mayor to execute the contract. 7.2Authorize the City Manager to approve change orders not to exceed the contingency amount of $171,663.75 which is equal to 10% of the contract amount. 7.3Adopt a Negative Declaration and approve a Mitigation Monitoring Program for the Walcott Corridor Project. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Ford, Roberts, Stone, Lindemans NOES: 1 COUNCILMEMBERS: Birdsall ABSENT: 0 COUNCILMEMBERS: None Minutes\06\1 1\96 -4- 07/10/96 Cuty Council Monutes June 11, 1996 8.Contract Amendment No. 10 to Community Facilities District 88-12 Enaineerona Services Contract with J.F. Davidson Assocoates, Inc. for the Rancho Califo Road/Interstate Route 1 5 Interchanae Improvement Project (PW95-12) 8.1Approve Contract Amendment No. 10 to provide right-of-way engineering services for CFD 88-12 by J.F. Davidson Associates, Inc. (JFD) for the Rancho California Road/interstate Route 15 Interchange Improvement Project in an amount not to exceed $17,500. 9.Award a Contract for Public Works Maintenance Division Project No. PW95-96-32 9.1Award a contract for Old Town A.C. Repairs, Public Works Maintenance Project No. 95-96-32 to Del Rio Enterprises in the amount of $11,990.00 and authorize the Mayor to execute the contract. 9.2Authorize the City Manager to approve change orders not to exceed the contingency amount of $1,199.00 which is equal to 10% of the contract amount. 10.Revisions to State Sex Offender Registration and Emplo)4ment Laws 10.1Forward to members of the Assembly and Senate representing Temecula and to the Attorney General the attached revisions to the state laws relating to registration of sex offenders and employment of sex offenders and request that the revisions be enacted and made part of the laws of the State of California. 5.Award of Contract for the Construction of an Interim Traffic Signal at the Intersection of Maraarita Road and Rustic Glen - Proiect No. PW96-03 Councilmember Stone expressed concern over traffic being diverted on Rustic Glen where there is no signal, beginning June 10, 1996. Public Works Director Kicak stated that this contract was scheduled to be awarded much earlier and traffic would not be diverted for approximately 30 days from that date. He explained that staff has worked hard to extend the use of Winchester as long as possible and minimize the burden on Rustic Glen. It was moved by Councilmember Roberts, seconded by Councilmember Ford to approve staff recommendation as follows: 5.1Award a contract for the construction of a Traffic Signal at the intersection of Margarita Road and Rustic Glen, Project No. PW96-03 to DBX, Inc., in the amount of $42,000.00 and authorize the Mayor to execute the contract. Minutes\06\1 1\96 -5- 07/10/96 C4tv Counc'l Monutes June 11, 1996 5.2Authorize the City Manager to approve change orders not to exceed the contingency amount of $4,200.00 which is equal to 10% of the contract amount. 5.3Appropriate $46,200.00 from Signal Mitigation funds to Capital Projects Account No. 210-165-647-5804. The motion was unanimously carried. RECESS Mayor Lindemans announced a recess at 8:10 PM to accommodate the scheduled Old Town Westside Community Facilities District Financing Authority Meeting. Mayor Lindemans announced a Joint Meeting of the City Council/Old Town Westside Community Facilities Financing Authority at 8:12 PM, and turned the meeting over to Chairperson Birdsall for Item 2.1. 2Financings for Old Town Area Public Improvements and the Western Bypass Corridor Councilmember Stone announced a conflict of interest and stepped down from the dias. City Manager Bradley presented the staff report. Board Member Ford requested additional language be inserted into Resolution 2.1 as follows: Paragraph 5, "Notwithstanding the foregoing, any sale of the Bonds shall be subject to the prior approval by the Authority of a purchase contract and disclosure document for the Bonds. It was moved by Board Member Ford, seconded by Board Member Lindemans to approve staff recommendation 2.1 with additional language suggested by Member Ford. 2.1Adopt a resolution entitled: RESOLUTION NO. FA 96-09 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWNIWESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF SPECIAL TAX BONDS FOR COMMUNITY FACILITIES DISTRICT NO. 1, APPROVING AND DIRECTING THE EXECUTION OF A FISCAL AGENT AGREEMENT, AND APPROVING AMENDMENT TO JOINT COMMUNITY FACILITIES AGREEMENT AND OTHER RELATED DOCUMENTS AND ACTIONS The motion was unanimously carried, with Member Stone abstaining. Minutes\06\1 1 \96 -6- 07/10/96 C*tv Council mutes June 11, 1996 Chairperson Birdsall turned the meeting over to Mayor Lindemans for Item 2.2. It was moved by Councilmember Birdsall, seconded by Councilmember Roberts to approve staff recommendation 2.2 as follows: 2.2Adopt a resolution entitled: RESOLUTION NO. 96-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AND AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY OF AN AMENDMENT NO. 1 TO JOINT COMMUNITY FACILITIES AGREEMENT The motion was unanimously carried, with Councilmember Stone abstaining. RECESS Mayor Lindemans recessed the City Council Meeting at 8:15 PM to accommodate the scheduled Old Town Westside Financing Authority Meeting, Community Services District Meeting and Redevelopment Agency Meeting. The meeting was reconvened at 8:45 PM. PUBLIC HEARINGS 11.Annexation Area Priority Map for Cit)l of Teme@ (Continued from the meeting of May 14, 1996) City Manager Bradley reported that four members of the City Council have declared a conflict of interest on this item, Councilmembers Ford, Roberts, Stone and Mayor Lindemans. He stated the City has asked for a ruling from the City Attorney for a procedure to select a majority of the Council. He explained that lots would be drawn to select the two needed Councilmembers. He reported that the members so qualified would be able to fully participate in the discussions. He further informed the Council that those selected will be required to declare for the record their conflict of interest. City Clerk June Greek presented lots to be drawn and Councilmembers Ford and Stone were selected to make up the necessary quorum. Mayor Lindemans turned the meeting over to Mayor Pro Tem Birdsall to conduct the Public Hearing. Councilmember Stone announced his conflict arises from the fact that one of his pharmacy customers owns property within, and adjacent to, areas to be annexed to the City and the level of sales exceeds the threshold levels of sales set by Government Code. Minutes\06\1 1\96 -7- 07/10/96 City Council Mbnutes June 11, 1996 Councilmember Ford stated his conflict of interest arises from his work for the owner of the Redhawk Tract and announced he also serves as President of the Redhawk Homeowners Community Association. Community Development Director Gary Thornhill presented the staff report. Mayor Pro Tem Birdsall opened the public hearing at 8:50 PM. Adrian McGregor, 34555 Madera de Playa, requested that issues of current residents be addressed before annexing new areas. She specifically asked that flooding issues and air quality issues be addressed. RECESS Mayor Pro Tem Birdsall called a brief recess at 8:55 PM to change the tape. The meeting was reconvened at 8:57 PM. David Robinson, 39600 Ave Arizona, representing Temecula Valley Citizens for Responsible Government, spoke in opposition to the annexation priority map. He particularly expressed opposition to the annexation of Johnson Ranch and asked that these rural areas not be annexed. Councilmember Ford asked Dr. Robinson if he feels the County is more qualified to develop these properties. Dr. Robinson stated he feels the County is qualified to develop these properties and the City and County need to work together. Mayor Pro Tem Birdsall closed the public hearing at 9:15 PM. Councilmember Ford suggested the Winchester Corridor go up to the French Valley Airport and this be made top priority, due to the potential commercial benefit it would provide the City. City Manager Bradley stated the City could talk to LAFCO about annexing corridors, however the County would most likely strenuously resist. It was moved by Councilmember Stone, seconded by Mayor Pro Tem Birdsall to approve staff recommendation as follows: 11.1Adopt a resolution entitled: RESOLUTION NO. 96-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 95-0125 ADOPTING THE ANNEXATION AREA PRIORITY MAP FOR THE CITY OF TEMECULA Mi nutes\06\ 1 1 \9 6 -S- 07/10/96 City Councol Minutes June 11, 1996 The motion was carried as follows: AYES: 2 COUNCILMEMBERS: Stone, Birdsall NOES: 1 COUNCILMEMBERS: Ford ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 2 COUNCILMEMBERS: Roberts, Lindemans COUNCIL BUSINESS 12.Review and Adoption of the FY 1996-97 Annual Operatina Budaet Finance Director Genie Reports presented the staff report. It was moved by Councilmember Stone, seconded by Councilmember Roberts to approve staff recommendation 12.1 as follows: 12.1Adopt a resolution entitled: RESOLUTION NO. 96-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA ADOPTING THE FY 1996-97 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS FOR THE VARIOUS DEPARTMENT BUDGETS The motion was unanimously carried. It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Stone to approve staff recommendation 12.2 as follows: 12.2Adopt a resolution entitled: RESOLUTION NO. 96-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS The motion was unanimously carried. It was moved by Councilmember Stone, seconded by Mayor Pro Tem Birdsall to approve staff recommendation 12.3 as follows: Minutes\06\1 1\96 -9- 07/10/96 City Council Minutes June 11, 1996 12.3 Adopt a resolution entitled: RESOLUTION NO. 96-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA ESTABLISHING A PROCEDURE FOR PREPAYMENT OF DEMANDS The motion was unanimously carried. 13.Rancho California Road/1-15 Brodae Widening and Northbound Ramp Improvement Proiect - Project No. PW95-12 - Right-of-Way Acquisition Councilmember Stone announced a conflict of interest and stepped down from the dias. Public Works Director Joe Kicak presented the staff report. Mayor Lindemans opened the hearing at 9:50 PM. Dennis W. Chiniaeff, representing KI/FKLA Rancho Realty LLC/Bedford Development Company, 27555 Ynez Road, No. 200, objected to the eminent domain actions being recommended by staff, based on the inadequacy of the appraisal of the property. Sam Alhadeff, 27555 Ynez Road, No. 203, Counsel for KI/KFLA Rancho Realty LLC/Bedford Development Company, objected to the eminent domain actions based on an inadequate appraisal. He objected to not being allowed to meet with the appraiser prior to the hearing, and stated the final title report used for the appraisal did not include the development agreement. Assistant City Attorney Mike Estrada, stated he has had conversations with Ms. Sayre Weaver of his office who is handling the proceedings and the representative of the property owner is addressing the 4th area of findings. He stated his office has reviewed the matter and consulted with the appraiser and believe all relevant documents were reviewed. He stated the appraiser stands by his appraisal and according to eminent domain law, the appraiser should not be speaking to the property owner. City Manager Ronald Bradley informed the City Council that this issue is time sensitive since the City has a grant for this project which will expire on June 30, 1996. He explained that if action is not taken at this hearing, the City will lose grant funding for the Rancho California Road/1-1 5 Road Widening Project. Mayor Pro Tem Birdsall stated this improvement is badly needed and said she believes Kemper basically wants the same thing. She asked that this be resolved in an amicable manner. Assistant City Attorney Estrada stated for the record, the recommendation of the City Attorney's Office is that the City's appraisal contains the appropriate amount. He stated Minutes\06\1 1\96 -lo- 07/10/96 Caty Councol M*nutes June 11, 1996 that during the court proceedings, should it be established the figure contained in the City's appraisal is not the appropriate amount, this would be worked out. It was moved by Councilmember Roberts, seconded by Councilmember Birdsall to approve staff recommendation. Further direction was given to staff to keep in mind the City Council is concerned that this matter be resolved with the owners of record in an amicable and prompt manner. 13.1Open and conduct a hearing on the adoption of each of the two (2) proposed Resolutions of Necessity, receive from the staff the evidence stated and referred to herein, take testimony from the property owners or their representatives if they ask to be heard on issues A, B, C, and D set forth below, and consider all the evidence. 13.2If the City Council finds, based on its consideration of the evidence contained and referred to in this staff report, the testimony and comments received during the public review and planning process, all other testimony that may be presented, and all other evidence and records pertaining to this matter, that the evidence warrants the necessary findings as to each proposed Resolution of Necessity, then the staff recommends that the City Council, in the exercise of its discretion, and taking a separate vote on each proposed resolution, adopt each of the Resolutions of Necessity and authorize and direct that eminent domain proceedings be filed to acquire the subject properties; Adopt a resolution entitled: RESOLUTION NO. 96-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC PURPOSES (RANCHO CALIFORNIA ROAD/1-1 5 BRIDGE WIDENING AND NORTHBOUND RAMP IMPROVEMENT PROJECT) (KI/FKLA RANCHO REALTY L.L.C.) 13.3Adopt a resolution entitled: RESOLUTION NO. 96-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC PURPOSES (RANCHO CALIFORNIA ROAD/1-15 BRIDGE WIDENING AND NORTHBOUND RAMP IMPROVEMENT PROJECT) (BEDFORD DEVELOPMENT COMPANY) Note:This requires an affirmative FOUR-FIFTHS (4/5) vote of the City Council; Minutes\06\1 1 \96 07/10/96 City Council Menutes June 11, 1996 13.4Direct the City Attorney to file the actions expeditiously; 13.5If the Resolutions are approved, approve the warrants in the amount of $30,000.00 (KI/FKLA Rancho Realty, L.L.C.) And $257,800.00 (Bedford Development company) payable to Arthur Sims, Executive Officer, Superior court of the State of California for the County of Riverside, for the deposits required to be made with the Court to obtain an Order of Possession. 13.6Authorize the City Manager to execute all necessary documents. 13.7Appropriate $290,000.00 from the General Fund to the Capital Improvement Fund. The motion was unanimously carried with Councilmember Stone abstaining. 14.Ordinance Amending Prima Facie Speed Limit on Puiol Street between 6th Street and its Southerly Termination Councilmember Stone abstained and stepped down from the dias. Public Works Director Joe Kicak presented the staff report. It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Ford to approve staff recommendation as follows: 14.1Read by title only and introduce an ordinance entitled: ORDINANCE NO. 96-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28 OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMIT ON PUJOL STREET BETWEEN 6TH STREET AND ITS SOUTHERLY TERMINATION The motion was unanimously carried with Councilmember Stone abstaining. 1 5.Ordinance Amendina Prima Facie Speed Limits on Rancho California Road from Mo@ Road to Maraarita Road and from Diaz Road to West City Limits Public Works Director Joe Kicak presented the staff report. Councilmember Ford requested the title of the resolution be amended to ad the language "on Rancho California Road". Minutes\06\1 1 \96 -1 2- 07/10/96 City Councol Menutes June 11, 1996 It was moved by Councilmember Roberts, seconded by Councilmember Stone to approve staff recommendation as amended: 15.1Read by title only and introduce an ordinance entitled: ORDINANCE NO. 96-14 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 LIMITS ON RANCHO CALIFORNIA ROAD FROM MORAGA ROAD TO MARGARITA ROAD AND "'RAN' Q'.:: A I Ofk@NI ........................... .0-AD FROM DIAZ ROAD TO WEST CITY LIMITS ............. ................ I.. The motion was unanimously carried. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT None given. ADJOURNMENT It was moved by Councilmember Ford, seconded by Councilmember Stone to adjourn at 10:20 PM to a meeting on June 18, 1996, Joint Meeting of the City Council/Temecula Valley Unified School District, 6:00 PM, 31350 Rancho Vista Road, Temecula, California. Next regular meeting: June 25, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried. or ATTEST: J@S.)Greek, CMC, City Clerk Minutes\06\1 1\96 -13- 07/10/96