HomeMy WebLinkAbout102296 CC Minutes MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
HELD OCTOBER 22, 1996
EXECUTIVE SESSION
A meeting of the City of Temecula City Council was called to order at 5:37 PM. It was moved
by Councilmember Ford, seconded by Councilmember Stone to adjourn to Executive Session
at 5:37 PM, pursuant to Government Code Sections:
1.54956.9(b), Conference with Legal Counsel - Anticipated Litigation, one matter.
2.54956.8, Conference with Real Property Negotiator; location: West side of Front Street,
west of Interstate 15, Temecula (APN 922-110-005); negotiating parties: City of Temecula and
Margarita Canyon LLC; Under Negotiation: negotiation of price and terms of acquisition of
temporary construction and slope easements adjacent to the properties.
3. 54956.9(a), Conference with Legal Counsel - Existing Litigation, Zonos v. City of Temecula.
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 Pro
Tem Birdsall presiding.
PRESENT 4 COUNCILMEMBERS: Birdsall, Ford, Roberts,
Stone
ABSENT: 1 COUNCILMEMBERS: Lindemans
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 Kimberly Thompson.
INVOCATION
The invocation was given by Minister Doug Cole, Church of Christ.
PLEDGE OF ALLEGIANCE
The audience was led in the flag salute by Councilmember Roberts.
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CITY ATTORNEY REPORT
City Attorney Thorson reported, with regard to Closed Session Item No. 2, the City Council
established the fair market value under Eminent Domain Law, and offers will be placed within
the next couple of weeks. He stated that in accordance with the Brown Act, there was nothing
further to report from Closed Session.
PUBLIC COMMENTS
Arthur Pelka, 431 85 Margarita Road, thanked the City Council for their action on August 27,
1996, denying the alcohol permit to the ARCO Station located in close proximity to the new
high school. He further thanked Councilmember Roberts for arranging the meeting between the
owners and surrounding citizens regarding the Pauba and Margarita mall property. He reported
unfortunately, nothing has been settled at this point and asked that this matter be permanently
resolved.
Doug Woelke, 27513 Jimson Circle, requested that the City Council consider making a
contribution to organizations that assist with recovery efforts, such as the Red Cross, for those
areas recently devastated by fire.
CITY COUNCIL REPORTS
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Councilmember Roberts thanked those who participated in the reception supporting Alternatives
to Domestic Violence, and announced that through those efforts, full-time counseling services
will be available in this area, as well as transitional housing.
Councilmember Ford reported on the efforts of the Temecula/Murrieta Creek Joint Committee,
and thanked all those who worked together to revitalize a $7.5 million FEMA grant which will
go toward the construction of a Murrieta Creek Desilting Basin. He stated this is a good
example of people working together.
CONSENT CALENDAR
Councilmember Ford requested the removal of Items 8 and 9 from the Consent Calendar.
It was moved by Councilmember Stone, seconded by Councilmember Ford to approve Consent
Calendar Items 1-7 and 10.
The motion carried as follows:
AYES: 4 COUNCILMEMBERS: Birdsall, Ford, Stone, Roberts
NOES: 0 COUNCILMEMBERS: None
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ABSENT: 1 COUNCILMEMBERS: Lindemans
1 Standard Ordinance Adoption Procedure -
1.1Motion to waive the reading of the text of all ordinances and resolutions included
in the agenda.
2. Minutes
2.1 Approve the minutes of September 24, 1996.
3. Resolution Approving List of Deman@
3.1 Adopt a resolution entitled:
RESOLUTION NO. 96-123
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."No Parking" Zone on the North Side of Rancho Vista Road West of Maraarita Road
Across from the Community Recreation Center/Sports Park
4.1 Adopt a resolution entitled:
RESOLUTION NO. 96-124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ESTABLISHING A "NO PARKING" ZONE ON THE NORTH SIDE OF RANCHO
VISTA ROAD WEST OF MARGARITA ROAD AS SHOWN ON EXHIBIT "A"
5.Modification to 1997-2001 Five Year Cal2ital Improvement Proaram Traffic S@
Installation
5.1Approve modifications to the 1997-2001 Five Year Capital Improvement Program
to substitute signals at Winchester Road (SR 79N) at Margarita and Winchester
Road (SR 79N) at Nicolas Road for signals at Rancho California Road at Via Las
Colinas and Winchester Road at Enterprise Circle East.
5.2Transfer $137,760.00 in Signal Mitigation Funds from the Rancho California
Road/Via Las Colinas and Winchester Road/Enterprise Circle East traffic signal
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projects to the Winchester Road/Nicolas Road and Winchester Road/Margarita
Road traffic signal projects.
6. Southern California Edison Company Contracts for Street Liahtina Aareement
6.1Approve the contracts for street lighting services between the Southern
California Edison Company and the City of Temecula;
6.2 Authorize the Mayor to execute documents.
7.Southern California Edison Company Easement for Electrical Facilities, Parkview F@r
Station No. 84, Proiect No PW95-09
7.1 Approve Grant of Easement;
7.2 Authorize the Mayor to execute the document.
10. Records Destruction Approval
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10.1Approve scheduled destruction of certain records as provided under the City of
Temecula approved Records Retention Policy.
Councilmember Stone announced a conflict on interest on Items 8 and 9 and stepped down
from the dias.
Councilmember Ford stated that the Capital Improvement Program for this year is $26 million,
and traffic has been a constant hurdle in Temecula. He explained that Items 8 and 9 are the
result of many years work to assist with traffic problems.
It was moved by Councilmember Ford, seconded by Councilmember Roberts to approve Items
8 and 9 as follows:
8.Solicitation of Construction Bids and Approval of the Plans and Specifications for the
Rancho California Road at Interstate Route 1 5. Bridae Widenina and Northbound Rao=
Improvements, (Proiect No. PW95-12
8.1Approve the construction plans and specifications and authorize the Department
of Public Works to solicit public construction bids for Project No. PW95-12,
Rancho California Road at Interstate Route 15, Interchange Improvements to
include Bridge Widening and Northbound Ramp improvements subject to
approval by Caltrans.
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9.1-15 Rancho California Road Interchanae Improvements, Construction Cooperative
Aareement with the State Department of Transportation Department
9.1 Adopt a resolution entitled:
RESOLUTION NO. 96-125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING COOPERATIVE AGREEMENT NO. 8-1002, BETWEEN THE STATE
DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR
CONSTRUCTION OF THE RANCHO CALIFORNIA ROAD INTERCHANGE
IMPROVEMENTS
The motion carried as follows:
AYES: 3 COUNCILMEMBERS: Birdsall, Ford, Roberts
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Lindemans
ABSTAIN: 1 COUNCILMEMBERS: Stone
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October 22. 1996
RECESS
Mayor Lindemans called a recess at 8:28 PM. The meeting was reconvened following the
scheduled Community Services District Meeting, Redevelopment Agency Meeting and the Old
Town\Westside Financing Authority Meeting, at 9:1 5 PM.
COUNCIL BUSINESS
11.Resolutions Reaarding Priority for Murrieta Creek Flood Control project and Construction
of a Retention Basin at Cherry Street and Jefferson Avenup,
(Placed on the agenda at the request of Councilmembers Stone and Ford)
Councilmember Ford presented the oral report, and requested the Congressman Sonny
Bono be added to the title and text of the resolution.
It was moved by Councilmember Stone, seconded by Councilmember Ford to approve
staff recommendations 1 1. 1 and 1 1.2 as follows:
11.1 Adopt a resolution entitled:
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RESOLUTION NO. 96-126
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
REQUESTING THE URGENT SUPPORT OF CONGRESSMAN KEN CALVERT,
CONGRESSMAN RON PACKARD, CONGRESSMAN SONNY BONO, THE
RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,
AND THE RIVERSIDE COUNTY BOARD OF SUPERVISORS TOWARDS
IMPROVEMENT OF MURRIETA CREEK
1 1.2 Adopt a resolution entitled:
RESOLUTION NO. 96-127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
DESIGNATING AGENTS TO ACT FOR AND IN BEHALF OF THE CITY OF
TEMECULA, AND THE ELSINORE-MURRIETA-ANZA RESOURCE CONSERVATION
DISTRICT FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL
ASSISTANCE UNDER THE ROBERT T. STAFFORD DISASTER RELIEF AND
EMERGENCY ASSISTANCE ACT OF 1988, P.L. 93-288, AS AMENDED
The motion was unanimously carried with Mayor Lindemans absent.
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12, Revision of Adult Business Ordinanca
(Placed on the agenda at the request of Councilmember Stone)
Councilmember Stone presented the staff report, explaining he asked staff to place this
matter on the agenda because there appears to be areas in the current ordinance that
needed to be revised.
City Attorney Thorson emphasized the need to periodically review the adult business
ordinance, explaining that a number of cases have illustrated the need for more
precision. He stated the action recommended on this agenda is only for interim
regulations, and the Planning Commission will not complete its necessary steps for a
permanent ordinance in the 45 day period. He explained that the interim ordinance will
need to be extended for the maximum allowable period of 1 0 months and 1 5 days.
Lenny Pechner, 30000 Santiago Road, owner of Video Depot, spoke in opposition to
staff recommendation, stating since Temecula does not have any Adult Businesses, he
does not see the need for an urgency ordinance. He also objected to the City's right to
examine a businesses' gross receipts, restriction on hours of operation, and the
provisions requiring security guards.
Councilmember Stone stated that the City Council's primary responsibility is to promote
public safety, and this ordinance addresses that need.
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James Field, Pastor of the First Baptist Church, 41651 Chablis Court, spoke in favor of
staff recommendation.
Adele Brooks, 31049 Riverton Lane, spoke in favor of staff recommendation.
Earl Stronback, 31130-91 S. General Kearny Road, spoke in favor of staff
recommendation.
Robert Tyler, representing Child Development Center in Murrieta, 41877 Enterprise
Circle North, No. 200, spoke in favor of staff recommendation.
Cindi Falzon, 31094 Humbolt, spoke in support of staff recommendation.
Wayne Hall, 42131 Agena, spoke in favor of staff recommendation.
Councilmember Stone stated an additional Section 5.09.01 9 was distributed just prior
to this meeting, and requested it be included in this urgency ordinance. He explained
this amendment covers the addition of an adult business employee permit.
It was moved by Councilmember Stone, seconded by Councilmember Ford to approve
staff recommendation, with the addition of Section 5.09.019, as follows:
1 2.1 Adopt an urgency ordinance (4/5 vote required) entitled:
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ORDINANCE NO. 96-18
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
IMPOSING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF
ADULT BUSINESSES UNLESS SUCH BUSINESSES COMPLY WITH INTERIM
STANDARDS PROVIDING FOR THE REGULATION AND LICENSING OF ADULT
BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR
SUCH REGULATIONS
12.2Instruct the staff and Planning Commission to conduct further studies and
hearings on appropriate regulations for Adult Businesses and appropriate
locations within the City for Adult Businesses.
The motion was unanimously carried with Mayor Lindemans absent.
13. Fox Initiative - Prol2osition 21 8
Director of Community Services Shawn Nelson presented the staff report, reviewing the
various levels of service that would be affected by this initiative and the fiscal impact
it would have on the City.
City Attorney Thorson reported on the main components of Proposition 21 8.
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RECESS
Mayor Pro Tem Birdsall called a recess at 9:14 PM to change the tape. The meeting
was reconvened at 9:15 PM.
Mayor Pro Tem Birdsall stated that if Proposition 21 8 does prevail, the City will have to
go to ballot within a very short time frame. City Manager Bradley stated that this item
has been scheduled for the November 26, 1996 City Council Meeting, and the timing
requirement for the election will be addressed.
Councilmember Stone stated Assemblyman Bruce Thompson has said if Proposition 218
is successful, monies could be found in Sacramento to assist with the shortfalls.
Councilmember Stone asked Director Nelson what effect this Proposition would have
on City services should it prevail and the City's election fail. Mr. Nelson reported that
youth services and hours of operation for City facilities such as the Community
Recreation Center and Senior Center, would be severely impacted.
Councilmember Stone asked Chief Labahn what effect a 2/3rds reduction in youth
services would have on the crime rate. Chief Labahn stated he does not have
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information directly linking youth services with crime rates, however positive activities
are a very important component of the community.
Mayor Pro Tem Birdsall stated she has faith in the citizens of Temecula if this initiative
is passed, she is sure they will support the existing Community Services Rates and
Charges, which make it possible to provide the service level Temecula currently enjoys.
The report was received and filed by Council consensus.
14.Discussion of Future Funding for the Temecula Library
Councilmember Stone presented the report, stating the City of Murrieta has voted in
favor of withdrawing for the County Library System. He explained that if Murrieta
withdraws, the library would lose $300,000 of funding. Since the City of Temecula has
funded the shortfall of the library for the past two years, it is unreasonable to pick up
these addition costs. For this reason, Councilmember Stone, suggested the City of
Temecula also put in an application to withdraw from the County Library System and
consider finding a suitable site owned either by the City or Temecula Valley Unified
School District, where a City library could be built. He also suggested entering into
discussions to obtain some of the City's initial mitigation fees and funds contributed by
the Library Foundation.
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Morton Bender, 31684 Paseo Goleta, stated it is essential that the citizens of Temecula
have access to a library and the resources it provides. He spoke in favor of a municipal
library and suggested using volunteers to run the library until funding could be obtained.
Councilmember Ford stated he favors what has been proposed, but would still like to
complete the needs study now in process.
Councilmember Roberts suggested the City-owned property at Ynez and Santiago as a
possible site for a City Library.
It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Stone to direct
staff to proceed as follows:
14.1Prepare the correspondence for signature, to withdraw from the County Library
System prior to December 1, 1996.
14.2Enter into discussion with the County of Riverside regarding recovery of the
City's initial mitigation fees and Library Foundation Contributions.
14.3Investigate, in conjunction with the Temecula Unified School District a suitable
site to establish a local library to serve the City.
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14.4Contact the League of California Contract Cities, Riverside County Division and
the Riverside County members of California Contract Cities for the purpose of
promoting and adopting a bill similar to SB-1 998, the Montjoy Bill, for Riverside
County.
The motion was unanimously carried with Mayor Lindemans absent.
CITY MANAGER'S REPORT
City Manager Bradley invited the public to attend the new City Hall Grand Opening on
Wednesday, October 30, 1996 from 4:30 to 7:30 PM, 43200 Business Park Drive.
CITY ATTORNEY'S REPORT
None given.
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ADJOURNMENT
October 22, 1996
It was moved by Councilmember Stone, seconded by Councilmember Ford to adjourn at 10:00
PM to a meeting on November 12, 1996, 12:00 Noon, Temecula City Hall, Main Conference
Room, 43200 Business Park Drive, Temecula, California.
Next regular meeting: November 12, 1996, 7:00 PM, Temecula City Hall, City Council
Chambers, 43200 Business Park Drive, Temecula, California.
The motion was unanimously carried with Mayor Lindemans absent.
ans, Mayor
ATTEST:
June S. Greek, CMC, City Clerk
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