HomeMy WebLinkAbout092496 CC Minutes MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
HELD SEPTEMBER 24, 1996
EXECUTIVE SESSIOEI
A meeting of the City of Temecula City Council was called to order at 5:45 PM. It was moved
by Councilmember Roberts, seconded by Mayor Pro Tem Birdsall to adjourn to Executive
Session at 5:45 PM, pursuant to Government Code Sections:
1 . 54956.9(a), Conference with Legal Counsel - Existing Litigation, Zonos v. City of
Temecula
2.54956.9(b), Conference with Legal Counsel - Anticipated Litigation, one matter.
3.54956.9(c), Conference with Legal Counsel - Consideration of filing litigation, one matter.
4.54956.8, Conference with Real Property Negotiator, concerning negotiation of price and
terms of acquisition of temporary construction and slope easements adjacent to the properties:
a. 28496 Pujol Street (APN 933-064-066); negotiating parties are Temecula
Redevelopment Agency ("Agency") and Great Western Bank.
b. 28497 and 28485 Pujol Street (APN 922-054-016 and 020); negotiating parties are
"Agency" and Federal Deposit Insurance Corporation ("FDIC).
c. 28559 and 28565 Pujol Street (APN 922-054-018 and 019); negotiating parties are
"Agency" and FDIC.
d. 28747 Puiol Street (APN 022-062-020) and approximately seven acres at the
southwest corner of Pujol and First South (APN 922-260-015, 024 and 027); negotiating
parties are City and Temecula Redevelopment Agency and R.A. and C.E. Normandin.
e.Approximately 1.5 acres at the Southeast corner of Pujol and First Streets (APN 922-
100-003);negotiating parties are City and Temecula Town Association.
f.Approximately .1 9 acres at the north east corner of First Street and Front Street (APN
922-072-012); negotiating parties are City and Mason, Marshburn.
g. Approximately 4.48 acres at the east side of Front, south of Santiago Road (APN
922-091-003); negotiating parties are City and Matthews et al.
h. Approximately 1.7 acres on the south side of First Street, east of Pujol Street (APN
922-100-01 7) and approximately 1.4 acres at southwest corner Front and First (APN 922-1 00-
01 8); negotiating parties are City and Richard and Marilyn Gabriel.
1. Approximately 275 fee west of Front Street, Temecula, CA, (APN 922-110-032);
negotiating parties: City of Temecula and Electrend Inc.
j. West side of Front Street, west of Interstate 15, Temecula (APN 922-110-005);
negotiating parties: City of Temecula and Margarita Canyon LLC.
k. West side of Front Street, at intersection of Intersection 1 5, Temecula (APN 922-
1 10-047); negotiating parties: City of Temecula and Margarita Canyon LLC.
1.South side of Rancho California Road, west of Kathleen Way, Temecula (APN 940-
310-014);negotiating parties: City of Temecula and Kennedy, Brian & Drake.
m.South side of Rancho California Road, west of Kathleen Way, Unincorporated
RiversideCounty (APN 940-030-003); negotiating parties: City of Temecula and Barragan.
5. 54956.8, Conference with Real Property Negotiator: Property: Approximately 6.22 acres
at Northwest corner of Diaz Road and Rancho California Road (APN 921-020-071) and portions
thereof; Negotiating Parties: KRDC, Inc. and the City of Temecula; under negotiation: price and
terms of payment.
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The motion was unanimously carried.
A regular meeting of the Temecula City Council was called to order at 7:02 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 Tanner Palmer.
INVOCATION
The invocation was given by Associate Pastor Mike Patton, Southwest Christian Church.
PLEDGE OF ALLEGIANCE
The audience was led in the flag salute by Mayor Pro Tem Birdsall.
CITY ATTORNEY REPORT
City Attorney Thorson reported on action taken in Closed Session. He reported one matter of
potential litigation, Settlement Agreement with Riverside County for Development Fees, was
approved. He announced the terms and a copy of the agreement will be available for the
public. Secondly, he reported that in the matter Zonos vs. City of Temecula, a potential
settlement was discussed. City Attorney Thorson recommended that the Zone Change
regarding this property, Item No. 21, be continued, and staff and the City Council meet with
neighbors and the applicant to resolve this matter.
Councilmember Roberts reported he has been in contact with several surrounding residents who
are in opposition to the sale of alcohol at this site in an attempt to work out an agreement with
the two owners of the property. Item No. 21 was removed from the agenda by City Council
Consensus.
City Attorney Thorson stated another public hearing on this matter will be properly noticed prior
to coming before the City Council.
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City Attorney Thorson also reported on Closed Session Item No. 4, concerning negotiation of
price and terms of acquisition of temporary construction and slope easements adjacent to the
properties, stating that just compensation was approved for the following properties:
d) 28747 Pujol Street (APN 022-0062-020) and approximately seven acres at the southwest
corner of Pujol and First South (APN 922-260-01 5, 024 and 027);
e) Approximately 1.5 acres at the southeast corner of Pujol and First Streets (APN 922-100-
003);
g) Approximately 4.48 acres at the east side of Front, south of Santiago Road (APN 922-091-
003);
h)Approximately 1.7 acres on the south side of First Street, east of Pujol Street (APN 922-1 00-
017) and approximately 1.4 acres at southwest corner Front and First (APN 922-100-018);
Hereported that under the provisions of the Brown Act, there was nothing further to report
from Closed Session.
PRESENTATIONS/PROCLAMATIQNa
Mayor Lindemans proclaimed the week of October 6, 1996, to be "Mental Illness Awareness
Week". Grace Rose, representing Temecula Mental Health, thanked the City Council for the
proclamation.
PUBLIC COMMENTS
Thom Pennacchio, 31335 Cala Carrasco, requested the public hearing regarding the zone
change be noticed in all three local newspapers, one week prior to the hearing. He also
requested this zone change be on the Council agenda prior to the election.
Mike Egler, 31300 Cala Carrasco, commented on the newspaper article in the Press Enterprise,
September 18, 1996, where he was misquoted. He stated the paper reported the name of the
organization as "Concerned Citizens Against Commercial Development", and it should be
"Concerned Residents Against Commercial Development of the Strip Mail at Margarita and
Pauba."
CITY COUNCIL REPORTS
Councilmember Ford reported on the progress of the RCHCA. He also stated that the Murrieta
Creek Advisory Committee is moving forward and progress is being made. He said that the
work clearing out the creek should be completed by October 15, 1996.
Councilmember Roberts reported on the Vintages and Vinegar Awards Program, stating that the
City of Temecula received two Vintage Awards, one for the Annexation Guidelines Checklist
and one for the Temecula Skateboard Park.
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CONSENT CALENDAR
Councilmember Stone requested the August 27, 1996 minutes be amended on page eight, third
Paragraph, changing August 24, 1996 to April 24, 1996. He also requested a change to the
minutes of September 10, 1996, Page 9, first paragraph, changing Councilmember Stone to
Councilmember Ford.
Mayor Lindemans announced that Item 15 would be removed from the Consent Calendar for
separate action.
It was moved by Councilmember Stone, seconded by Councilmember Roberts to approve
Consent Calendar Items 1-14 and 16-20.
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 Procedure
1.1Motion to waive the reading of the text of all ordinances and resolutions included
in the agenda.
2.Approval of Minutes
2.1Approve the minutes of August 27, 1996.
2.2Approve the minutes of September 10, 1996.
3.Resolution Approving List of Demands
3.1Adopt a resolution entitled:
RESOLUTION NO. 96-120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING
CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
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4.Aareement for Banking Services
4.1Award a contract for banking services to Union Bank of California for a term of
four (4) years.
4.2Authorize the City Manager and City Attorney to execute all necessary
agreements
4.3Adopt a resolution entitled:
RESOLUTION NO. 121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AUTHORIZING THE CITY OF TEMECULA TO APPLY FOR A
MASTERCARD THROUGH UNION BANK OF CALIFORNIA
5.Release Subdivision Monumentation Bond in Tract No. 217 0
(Located Northwesterly of intersection of Ynez Road and Santiago Road)
5.1Authorize release of the Subdivision Monumentation Bond in Tract No. 21760;
5.2Direct the City Clerk to so notify the Developer and Surety.
6.Release Subdivision Monument Security in Tract No. 24133-2
(Located Easterly of the intersection of Santiago Road at Margarita Road)
6.1Authorize release of Subdivision Monumentation Security in Tract No. 24133-2;
6.2Direct the City Clerk to so advise the Developer and Surety.
7.Local Agency - State Aareement No. 08-5459, Supplement No. 9
7.1Adopt a resolution entitled:
RESOLUTION NO. 96-122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING PROGRAM SUPPLEMENT NO. 009 TO THE LOCAL AGENCY/STATE
DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR
STATE PROJECT NUMBER CMLN-5489 (006), TRAFFIC SIGNAL INTERCONNECT
ON RANCHO CALIFORNIA ROAD, YNEZ ROAD, WINCHESTER ROAD,
MARGARITA ROAD, AND JEFFERSON AVENUE
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Cooperative Aareement No. AG5J5000051 - Replacement of Pala Road Bridge -
Modification No. One (11
8.1Approve Cooperative Agreement No. AG5J5000051, Replacement of Pala Road
Bridge, Modification No. One (1), increasing the participation by United States
Department of Interior, Bureau of Indian Affairs - from $4,498,569.00 to
$6,036,569.00 an increase in the grant amount of $1,538,000.00.
9.Joint Fundona Agreement - City of Temecula and the County of Riverside - Interstate
15/H*ahway 79(S) Interchanae
9.1Approve the Joint Funding Agreement between the City of Temecula and County
of Riverside for the reconstruction of the 1-1 5/Highway 79(S) interchange
providing for participation by the County of Riverside in the amount of
$2,800,000.00 and City of Temecula in the amount of $1,200,000.00 and
authorize the Mayor to sign the agreement.
10.Joint Fundina Agreement - City of Temecula and the County of Riverside Pala R@
Bridae/Sewer
10.1Approve the Joint Funding Agreement - (Pala Road Bridge/Sewer) between the
City of Temecula and County of Riverside providing for participation by the
County of Riverside in the amount of $221,867.09 and the City of Temecula in
the amount of $1 87,81 7.09 for a total cost of $409,684.1 8 to cover the cost
of Environmental Studies, and authorize the Mayor to sign said agreement.
11.Completion and Acceptance of the Rancho California Road and Santa Cecilia Drivp,
Sidewalk Pro,ject No. 5. PW95-25
11.1Accept the Rancho California Road and Santa Cecilia Drive Sidewalk Project No.
5, PW95-25, as complete;
11.2File the Notice of Completion, release the Performance Bond, and accept a one
(1)year Maintenance Bond in the amount of 10% of the contract;
11.3Release the Materials and Labor Bond seven (7) months after the filing of the
notice of Completion if no liens have been filed.
12.Completion and Acceptance of the Construction of FY95-96 Cotywide P.C.C. Repairs,
Proiect No. PW96-06
12.1Accept the construction of the FY95-95 Citywide P.C.C. Repairs, Project No.
PW96-06.
12.2File the Notice of Completion, release the Performance Bond, and accept a one
(1 year Maintenance Bond in the amount of 10% of the contract;
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12.3Release the Materials and Labor Bond seven (7) months after filing of the Notice
of Completion if no liens have been filed.
13.Professional Geotechnical Services Contract with Geotechnical and Environme@
Enaineers, Inc., for Proiect No. PW95-2gr City Maintenance Facility
13.1Award a contract for Professional Geotechnical Services for Project No. PW95-
29, City Maintenance Facility to Geotechnical & Environmental Engineers, Inc.
(GEE) for $32,323.00 and authorize the Mayor to execute the agreement;
13.2Authorize the City Manager to approve change orders not to exceed the
contingency amount of $3,232.30, which is equal to 10% of the contract
amount;
13.3Appropriate $35,555.30 from Development Impact Fees (DIF) - Public Facilities
to the City Maintenance Facility Capital Project Account No. 210-190-144-5804.
14.Contract Amendment No. 1 to Eng 6 neerina Services Contract with McDaniel Engineering
Company, for Winchester Road at Interstate Route 1 5 - Bridge W*denona md
Northbound Raml2 Improvements, Project No. PW94-21
14.1Approve Contract Amendment No. 1 to McDaniel Engineering Company, Inc.
Agreement to provide additional engineering services for the Winchester Road
Interchange Project No. PW94-21.
16.Award of Construction Contract for Traffic Sianal Interconnect, Phase I - Progect
PW95-16
16.1Award a contract for Project No. PW95-16 Traffic Signal Interconnect, Phase 1,
Project No. PW95-16 to Building Energy Consultants in the amount of
$69,350.00 and authorize the Mayor to execute the contract.
16.2Authorize the City Manager to approve change orders not to exceed the
contingency amount of $6,935.00 which is equal to 10% of the contract
amount.
17.Award a Contract to Overia)( Pala Road at Hwy 79(S)
17.1Award a contract to NPG Corporation in the amount of $22,709.00 for the
removal and replacement of 1,222 Sq. Ft. of A.C., 23,700 Sq. Ft. A.C. Overlay
and 3,795 Sq. Ft. of A.C. leveling course at bridge deck on Pala Road and Hwy.
79(S).
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1 8. Contract for Citizen Oponion Survey
18.1Approve the contract with The Resource Group (TRG) to conduct a citizen
opinion survey.
18.2Appropriate $13,000 from the General Fund fund balance to account number
001-1 10-999-5248 to fund this contract.
19.Lease of City Owned Propert)l at 27612 Jefferson Avenue
19.3Approve the lease between the City of Temecula and the Pumpkin Factory for
use of City property at 27612 Jefferson Avenue.
20.Cit)l Hall Modification - Change Order
20.1Approve Change Order No. 8 in the amount of $75,000 to complete the
necessary tenant improvements for the new City Hall facility.
20.2Appropriate $45,000 from Development Impact Fees (DIF) - Public Facilities to
the City Hall Construction Project Account.
20.3Approve contract amendment of $9,000 to Pacific Business Interiors for
furniture, files and work station modifications for the new City Hall facility.
15.Approve Plans and Specifications and Award of Construction Contract for the FY 96-97
Annual Slurry Seal Project, Project No. PW96-11
City Manager Bradley distributed lots to Councilmembers Ford, Roberts, Mayor Pro Tem
Birdsall and Mayor Lindemans, due to a potential conflict of interest on this item. Mayor
Pro Tem Birdsall and Councilmember Roberts were selected to participate and vote on
this item and Councilmember Ford and Mayor Lindemans stepped down from the dias.
It was moved by Councilmember Stone, seconded by Councilmember Roberts to
approve staff recommendation as follows:
15.1Approve the Plans and Specifications for the FY96-97 Annual Slurry Seal Project,
Project No. PW 96-1 1.
15.2Award a contract for Project No. PW96-1 1, FY96-97 Annual Slurry Seal Project,
to California Pavement Management for $240,985.06 and authorize the Mayor
to execute the contract.
15.3Authorize the City Manager to approve change orders not to exceed the
contingency amount of $24,098.51 which is equal to 10% of the contract
amount.
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The motion carried as follows:
AYES: 3 COUNCILMEMBERS: Birdsall, Roberts, Stone
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 2 COUNCILMEMBERS: Ford, Lindemans
RECESS
Mayor Lindemans called a recess at 7:34 PM. The meeting was reconvened following the
scheduled Community Services District Meeting, the Redevelopment Agency Meeting and the
Old Town/Westside Community Facilities District Financing Authority Meeting.
PUBLIC HEARINGS
21.General Plan Land Use Map Amendment No. 2 and Zonana Map Amendment N@
(PA96-004al
This item was continued to a date to be established by the Community Development
Director and City Attorney. It was approved by unanimous consensus.
22.1996/97 Community Service Fundina Request Recommendations
Finance Director Genie Roberts presented the staff report.
Maryann Edwards, 43675 El Faro Place, representing the Assistance League of
Temecula Valley, thanked the City Council for their support and summarized the
organization's activities over the past year. She explained that the additional request
for funds is for the Building Fund.
Councilmember Ford asked Ms. Edwards to give the location of the Assistance League
Thrift Shop, so the community could support their efforts. She gave the address and
phone number as follows: 2764 Commerce Center Drive, 694-8018.
Jerrold Novatney, 37433 Avenida Chapaln, representing the Arts Council of the
Temecula Valley, thanked the City Council and staff for their support. He asked that the
City Council consider some other means of support for the Arts Council, stating that the
funding has gone down every year and many cities fund the Arts through other means,
such as allocating a portion of Hotel Tax funds.
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Buel Pettit, representing the Senior Citizen Service Center of the Temecula - Rancho
Area, Inc., stated that he is not a paid employee and does not receive compensation for
his services to the Senior Citizen Service Center.
Linda Frederickson, 31555 Rancho Vista Road, representing Temecula Valley High
School PTSA, requested the City Council re-consider funding this organization, since no
funding has been recommended by the ad-hoc committee.
RECESS
Mayor Lindemans called a brief recess at 8:00 PM to change the tape. The meeting was
reconvened at 8:01 PM.
Merrill J. Brinton, 43659 Buckeye Road, representing the Temecula Hoopster Boosters,
requested that the City Council consider funding this organization.
Mayor Lindemans asked one of the youth members of the organization, Josh Orasco,
what funding raising efforts he has participated in. Josh responded that the Hoopsters
have sold sodas, participated in the Balloon and Wine Festival, the Carnival at the
Embassy Suites and have solicited support from local businesses.
It was moved by Councilmember Stone, seconded by Councilmember Roberts to
approve staff recommendation as originally presented, noting the abstentions of
Councilmember Stone on recommendations regarding Episcopal Community Services and
Ramona VNA & Hospice. The motion was unanimously carried.
23.Old Town Redevelopment Advisory Committee Appointment
Councilmember Stone announced an abstention on the item and stepped down from the
dias.
City Clerk/Director of Support Services June Greek presented the staff report.
It was moved by Councilmember Roberts, seconded by Councilmember Birdsall to
appoint Raymond Crisp to serve an unexpired term to last through September 26, 1999.
The motion was unanimously carried with Councilmember Stone abstaining.
CITY MANAGER'S REPORT
None given.
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CITY COUNCIL REPORTS
Councilmember Roberts requested that the Community Services Funding criteria be reevaluated.
Council consensus was obtained.
CITY ATTORNEY'S REPORT
None given.
ADJOURNMENT
It was moved by Councilmember Stone, seconded by Mayor Pro Tem Birdsall to adjourn at 8:23
PM to a regular meeting on October 8, 1995, Community Recreation Center, 30875 Rancho
Vista Road, Temecula, California.
Mayor
ATTEST:
June(S.@k, CMC, City
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