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HomeMy WebLinkAbout082796 CC Minutes MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD AUGUST 27, 1996 EXECUTIVE SESSION A meeting of the City of Temecula City Council was called to order at 6:05 PM. It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Ford to adjourn to Executive Session at 6:06 PM, pursuant to Government Code Sections: 1 . 54956.8, Conference with Real Property negotiator: Property: 28747 Pujol Street, Temecula, California, (APN 922-062-020); Negotiating Parties: R.A. Normindin and C.E. Normindin and the City of Temecula; Under Negotiation: price and terms of payment. 2. 54956.9(b), Conference with Legal Counsel - Anticipated Litigation, one matter. The motion was unanimously carried. The Executive Session was adjourned at 6:55 PM. 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, City Attorney Peter M. Thorson, and City Clerk June S. Greek. PRELUDE MUSIC The prelude and intermission music was provided by Christan Krag. INVOCA@ The invocation was given by Mayor Karel Lindemans. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Roberts. CITY ATTORNEY REPORT City Attorney Thorson stated that in accordance with the Brown Act, there was nothing to report from Closed Session. Minutes\08\27\96 09/26/96 City Council Minutes Auaust 27, 1996 PUBLIC COMMENTS Costas John, 28690 Front Street, Owner of the Silver Spoon Restaurant, requested the matter of the Old Town Logo licensing be resolved so that he may be able to use the logo on a sign in front of his business. Community Development Director Gary Thornhill responded this matter has been scheduled for the September 10, 1996 City Council Meeting. Larry Rhinehart, 21865 E. Copley Drive, Diamond Bar, representing South Coast Air Quality Management District, gave an update on the various activities of the department and invited the City Council to attend a workshop on September 14, 1996. Don Rohrabacher, 44281 Flores Drive, addressed the City Council informing them that the Los Ranchitos Homeowners Association reconfirmed their CC& R's, which prohibits any commercial development or lot splitting in Los Ranchitos. CITY COUNCIL REPORTS Councilmember Stone announced that the signal at Highway 79 South and Pala Road is operating. Councilmember Roberts reported on WRCOG and SCAG activities. Councilmember Ford reported on the first Youth Summit meeting. He also invited the public to visit Old Town and witness the Summer Nights activities that are going on. Councilmember Ford gave a brief summary of the departmental reports. Mayor Lindemans gave on update on the Riverside Transit Authority. CONSENT CALENDAR Mayor Lindemans announced Item No. 8 will be removed from the Consent Council for separate action. Councilmember Stone announced he would abstain on Item No. 1 1 and Councilmember Roberts noted he would abstain on Item No. 2. Minutes\08\27\96 -2- 09/26/96 City Council Minutes Auaust 27, 1996 It was moved by Councilmember Stone, seconded by Councilmember Roberts to approve Consent Calendar Items 1-7 and 9-16, with Councilmember Stone abstaining on Item No. 1 1 and Councilmember Roberts abstaining on Item No. 2. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Ford, Stone, Roberts, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 1.Standard Ordinance Adoption Procedum 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 August 13, 1996. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Ford, Stone, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Roberts 3.Resolution Approvina List of Dema@ 3.1Adopt a resolution entitled: RESOLUTION NO. 96-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Minutes\08\27\96 -3- 09/26/96 Caty Council mutes Auaust 27, 1996 4Records Destruction Approval 4.1Approve scheduled destruction of certain records as provided under the City of Temecula approved Records Retention Policy. 5Establishona a Fee Schedule for the City Clerk's Department 5.1Adopt a resolution entitled: RESOLUTION NO. 96-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING RESOLUTION NO. 90-69 WHICH ESTABLISHED A FEE SCHEDULE FOR THE CITY CLERK'S DEPARTMENT AS SET FORTH IN EXHIBIT "A" 6Accept Public Improvements in Tract No. 25004-1 (Located Northeasterly of the intersection of Nicolas Road at North General Kearny Road) 6.1Accept the Public Improvements in Tract No. 25004-1; 6.2Authorize the initiation of the one-year warranty period, reduction of the Faithful Performance Streets and Drainage and Water, and Sewer bond amounts and release of the Subdivision Monument Bond, 6.3Direct the City Clerk to so advise the Developer and Surety. 7Release Faithful Performance Warranty and Material and Labor Bonds in Tract NO, 21082-1 (Located Northwesterly of intersection of Rancho California Road at Margarita Road) 7.1Authorize release of the Faithful Performance Warranty Bond and the Material and Labor Bond for street, water, and sewer improvements for Tract No. 21082- 1 ; 7.2Direct the City Clerk to so advise the Clerk of the Board of Supervisors and notify the Developer and Surety. Minutes\08\27\96 -4- 09/26/96 C4ty Council mutes Auaust 27, 1996 9Award of Contract for the Construction of a Traffic Sianal at the Intersection of Rancho California Road and Cosmic Drive/Humber Drive - Proiect No. PW96-Oa 9.1Award a contract for the construction of a traffic signal at the intersection of Rancho California Road and Cosmic Drive/Humber Drive, Project No. PW96-08 to Signal Maintenance, Inc. For $74,1 55.00 and authorize the Mayor to execute the contract. 9.2Authorize the City Manager to approve change orders not to exceed the contingency amount of $7,415.50 which is equal to 10% of the contract amount. 10Acceptance of Public Streets into the City-Maintained Street System (Within Tract No. 25004-1) (Located Northeasterly of the intersection of Nicolas Road at North General Kearny Road) 10.1Adopt a resolution entitled: RESOLUTION NO. 96-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY- MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 25004-1) 1 1Agreement Reaardina Proposed Stream or Lake Alteration between California Department of Fish and Game and the Cit)l of Temecula - First Street and Western B)Ipass Corridor Bridaes over Murrieta Creek 1 1.1Approve the Agreement regarding proposed stream or lake alteration (Notification No. 5-003-96) between the California Department of Fish and Game and the City of Temecula; 1 1.2Direct the Director of Public Works to sign said Agreement. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Ford, Roberts, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Stone Minutes\08\27%96 -5- 09/26/96 City Council mutes Auaust 27, 1996 1 2Summary Vacation of a Portion of South General Kearny Road from La Serena Way to Meadows Parkway 12.1Adopt a resolution entitled: RESOLUTION NO. 96-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUMMARILY VACATING A PORTION OF SOUTH GENERAL KEARNY ROAD BETWEEN LA SERENA WAY AND MEADOWS PARKWAY. SAID RESOLUTION IS PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 4, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAY CODE 13Final Tract Map No. 23371-15 (Located northerly of Rancho California Road, between Margarita Road and Meadows Parkway) 13.1Approve Final Tract Map No. 23371-15 subject to Conditions of Approval. 14Resolution in Support of Murrieta Creek Pilot Program 14.1Adopt a resolution entitled: RESOLUTION NO. 96-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE MURRIETA CREEK PILOT PROJECT 1 5 CalPERS Pre-Tax Pa)lroll Deduction Plan for Service Credit Purchases 15.1Adopt a resolution entitled: RESOLUTION NO. 96-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO PARTICIPATE IN THE CALPERS PRE-TAX PAYROLL DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES (CONTRIBUTION CODE 14) 16Solid Waste Franchise Aareement Amendment 16.1Approve Amendment No. 1 to the Solid Waste Franchise Agreement with CR&R Incorporated to modify mutually agreed upon areas within the original franchise. Minutes\08\27\96 -6- 09/26196 City Council Minutes Auaust 27, 19a SECOND READING OF ORDINANCES 17Second Reading of Ordinance No. 9 -17 17.1Adopt an ordinance entitled: ORDINANCE NO. 96-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8.24 TO THE TEMECULA MUNICIPAL CODE ENTITLED "HABITAT CONSERVATION" ESTABLISHING NEW AND MODIFYING EXISTING REQUIREMENTS IN CONNECTION WITH THE MITIGATION OF DEVELOPMENT IMPACTS ON THE HABITAT OF THE STEPHENS' KANGAROO RAT RECESS Mayor Lindemans called a recess at 7:35 PM to accommodate the scheduled Community Services District Meeting, Redevelopment Agency Meeting and Old Town/Westside Community Facilities District Financing Authority Meeting. The meeting was reconvened at 8:30 PM. PUBLIC HEARINGS 18.Apl2eal of the Planning Commission Fendina of Public Convenience or Necessity for the Offsite Sale of Beer and Wine at the Proposed ARCO AM/PM at the Corner of Winchester and Nicolas Roads (PA96-0073) Community Development Director Gary Thornhill presented the staff report. Councilmember Ford stated this property has been pre-zoned commercial and asked if the applicant would be willing to consider special conditions for this property, such as having alcohol locked up during the hours of 6:00 AM to 4:00 or 5:00 PM when school children are present. He also suggested only hiring workers 21 years old or older. Mayor Lindemans opened the public hearing at 8:50 PM. Larry Markham, 41750 Winchester Road, representing the applicant, ARCO and the property owner, Leo Roripaugh, gave a brief history of the property. He introduced Mr. Lindskog of ARCO. John Lindskog, 4 Centerpointe Drive, La Palma, representing ARCO, expressed his concern over the proper procedures for selling alcohol and invited the City Council to visit an ARCO Training Center. Minutes\08\27\96 -7- 09/26/96 City Council Minutes Auaust 27, 1 SU Bob Clemens, 4 Centerpointe Drive, La Palma, representing ARCO, gave a brief overview of an ARCO training session which takes place twice a year for ARCO employees. John Christensen, 4 Centerpointe Drive, La Palma, Loss Presentation and Security Coordinator, ARCO, listed ARCO's new efforts for increased security. Councilmember Stone asked if ARCO has had its license revoked or suspended by ABC. He responded they had not. Councilmember Stone stated that the Temecula Police Department cited five gas stations last Saturday, April 24, 1996, and the ARCO station in Temecula had its license suspended for 10 days. Mr. Lindskog, read a letter from the Principal at Cypress High School, stating they have an ARCO station near the Cypress High School and have had no problems relating to this business. Larry Markham stated the company welcomes the opportunity to work with the City Council and staff in coming up with conditions that will make the community feel comfortable with this project. RECESS Mayor Lindemans called a recess at 9:1 1 PM to change the tape. The meeting was reconvened at 9:12 PM. Pat Keller, 392901 Salinas Drive, Murrieta, spoke in opposition to the proposed sale of alcohol at this location. Lori Christensen, 30209 Sierra Madres Drive, presented a petition to the City Clerk containing 250 signatures of residents, in opposition to the sale of alcohol at this location. The following spoke in opposition to the sale of alcohol at the proposed site: Mr. Black, 39561 Linnitt Circle Denise Grandi, 30231 Sierra Madre Drive Robert Faille, 30209 Sierra Madre Drive Wanda Faille, 30209 Sierra Madre Drive Cletus D. Chaney, 39658 June Court Roberta Tuider, 27420 Bolandra Court, presented a petition with 250 signatures of Roripaugh Hills residents, to the City Clerk, in opposition to the sale of alcohol at this site. Minutes\08\27\96 -8- 09/26/96 City Council Minutes Auaust 27, 1921 Del James, 27546 Jon Christian Place, spoke in opposition to the sale of alcohol at this site. Paul Colaluca, representing the Temecula Community Partnership, spoke in opposition to the sale of alcohol at this site. Leslie Woods, 29615 Valle Olvera, President of the Temecula Valley High School PTSA, spoke in opposition to the sale of alcohol at this site. Rosie Vanderhaak, 45373 Silverado, representing the Temecula Valley Unified School District Governing Board, stated the Board is opposed to the sale of alcohol at this project. She stated a reason for this unanimous board decision was based on the numbers of children that would enter the store and the ability of a clerk to adequately monitor a large number of students. Lynn Schoeffler, 30777 San Pasqual, representing Temecula Community Partnership, spoke in opposition to the sale of alcohol at this site. Paul Cortez, 24920 Regis Court, spoke in opposition to the proposed sale of alcohol at this site. Dave Gallagher, 31350 Rancho Vista Road, on behalf of the Temecula Valley Unified School District, spoke in opposition to the sale of beer and wine 200 feet from the main entrance of the high school. Cecilia Axton, 30169 Sierra Madre Drive, representing the Temecula Valley Council PTA, spoke in opposition to the proposed sale of alcohol at this site. It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Stone to extend the City Council meeting until 1 1:00 PM and recess for ten minutes. The motion was unanimously carried. The meeting was reconvened at 10:22 PM. Ralph Saltsman, 426 Culver Blvd., Playa Del Rey, representing ARCO, stated that the ABC has, in the past based their decision of public convenience on the intended customer, which is the road traveler. He stated that ABC has strict enforcement of underage purchases and stated that on a third offense a license is revoked. He stated ARCO has received the Golden Mug award from MADD because of its extensive training program for its employees. Larry Markham, 41750 Winchester Road, stated ARCO is willing to work with staff to address problems such as loitering, single can sales, and employees 21 years of age or older. He stated that not allowing the sale of alcohol would place severe restrictions on this property. Minutes\08\27\96 -9- 09/26/96 City Council Minutes Auaust 27, 19al Mayor Lindemans closed the public hearing at 10:40 PM. Councilmember Ford stated there has been an overwhelming response from the public on this issue. He said there does not seem to be an interest in the locked cases or restricted hours on the sale of alcohol. Mayor Pro Tem Birdsall stated that if the sale of alcohol is prohibited at this station, then restrictions would also have to be placed on grocery stores and drug stores. She stated she feels compromises should be looked into regarding locking cabinets and no sale of alcohol between 6:00 AM and 4:00 PM. Councilmember Roberts stated the people have voiced their opinion tonight as well as on the City Council Hotline. It was moved by Councilmember Roberts, seconded by Councilmember Ford to approve recommendation 18.1 as follows: 18.1Adopt a resolution entitled: RESOLUTION NO. 96-1 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, FINDING THAT THE PUBLIC CONVENIENCE OR THE PUBLIC NECESSITY WOULD NOT BE SERVED BY THE ISSUANCE OF AN OFF SALE BEER AND WINE LICENSE TO THE ARCO AM/PM MINI MARKET AT THE SOUTHEAST CORNER OF WINCHESTER ROAD AND NICOLAS ROAD The motion carried as follows: AYES: 4 COUNCILMEMBERS: Ford, Roberts, Stone, Lindemans NOES: 1 COUNCILMEMBERS: Birdsall ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Ford, seconded by Councilmember Stone to extend the meeting to 1 1:30 PM. The motion was unanimously carried. COUNCIL BUSINESS 19.County Free Library Advisor)l Committee Appointment (Continued from the meeting of August 13, 1996) City Clerk/Director of Support Services June Greek presented the staff report. Minutes\08\27\96 -10- 09/26/96 City Council Mlnutes Auaust 27, 199& Councilmember Roberts stated that Mrs. Kelley has served the City well during her past term and has expressed an interest in continuing in this capacity. Mayor Pro Tem Birdsall suggested reimbursing Mrs. Kelley for her gas expenses. Mrs. Kelly thanked Mrs. Birdsall but said this was not necessary. It was moved by Councilmember Roberts, seconded by Councilmember Ford to appoint Marginia Kelley to serve as City of Temecula representative to the Library Advisory Committee for a two year term. The motion was unanimously carried. 20.Designation of Votina Delegate for National League of Cities Annual Conference City Clerk/Director of Support Services June Greek presented the staff report. It was moved by Mayor Lindemans, seconded by Mayor Pro Tem Birdsall to designate Councilmember Roberts as voting representative for the National League of Cities Annual Conference. The motion was unanimously carried. 21.TEAM Community Pantry Salaries Finance Director Genie Roberts presented the staff report. Mayor Lindemans stated he has a commitment from the Auto Dealers for $6,000 as a matching grant and asked that the City Council authorize this expenditure. He explained that running the pantry is a full-time job that needs to be funded. Councilmember Ford stated he received a call from a TEAM Community Pantry Board Member who asked that if a donation be made, it go directly to the Board for distribution and not be made directly to an individual. Councilmember Stone expressed concern that what the City does for one organization, it must do for all. It was moved by Councilmember Ford, seconded by Councilmember Roberts to continue this item to the meeting of September 10, 1996 with direction to meet with the Pantry Board of Directors. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Ford, Roberts, Lindemans NOES: 1 COUNCILMEMBERS: Stone ABSENT: 0 COUNCILMEMBERS: None Minutes\08\27\96 -11- 09/26/96 Cety Counc@l Mmnutes Auaust 27, l@ 22.Temecula Valley Museum Loan Request Councilmember Stone announced a conflict of interest and stepped down from the dias. Community Services Director Shawn Nelson presented the staff report. City Manager Bradley noted he will bring the agreement and necessary loan documents back before the City Council. It was moved by Councilmember Roberts, seconded by Mayor Pro Tem Birdsall to approve staff recommendation with the direction that the Eastern Municipal Water District and Rancho California Water District be requested to reduce their fees on this project. 22m 1Approved a loan request from the Temecula Valley Museum, in an amount not to exceed $60,000, for the completion of the museum building at Sam Hicks Monument Park. Themotion was unanimously carried with Councilmember Stone abstaining. 23.Temecula Library Service Alternatives Feasibility Study Senior Management Analyst Allie Kuhns presented the staff report. Councilmember Stone asked what commitments, for funding this study, have been obtained from other agencies. Ms. Kuhn stated she has received a commitment of $2,200 from the Friends of the Library and $1,000 from Temecula Valley Unified School District. Councilmember Roberts asked if David Griffith has been contacted with a request to reduce fees. Ms. Kuhn stated that the rates have already been reduced to 60% of the normal fee for this type of work. Grace Melman 36500 De Portola Road, acting on behalf of the Friends of the Library, stated the Friends of the Library has a check for $2,200 to assist with this study and will present it to the City upon City Council approval. Minutes\08\27\96 -12- 09/26/96 Cety Council Minutes Auaust 27, 192A it was moved by Councilmember Ford, seconded by Councilmember Stone to continue this item to the meeting of September 10, 1996. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Ford, Roberts, Stone, Lindemans NOES: 1 COUNCILMEMBERS: Birdsall ABSENT: 0 COUNCILMEMBERS: None CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT None given. ADJOURNMENT It was moved by Councilmember Ford, seconded by Mayor Pro Tem Birdsall to adjourn at 11:55 PM to a meeting on September 7, 1996, 9:00 AM, Temecula City Hall, 43174 Business Park Drive, Temecula, California. The motion was unanimously carried. demans, Mayor ATTEST: Ju reek, CMC, City Clerk Minutes\08\27\96 -13- 09/26/96