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Home My WebLink About111296 CC Minutes MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD NOVEMBER 12, 1996 EXECUTIVE SESSION A meeting of the City of Temecula City Council was called to order at 5:35 PM. It was duly moved and seconded to adjourn to Executive Session at 6:07 PM, pursuant to Government Code Sections: 1. 54956.9(a), Conference with Legal Counsel - Existing Litigation City of Temecula vs. K.R. Palm Plaza, 2. 54956.9(b), Conference with Legal Counsel - Anticipated Litigation, one matter. The motion was unanimously carried. A regular meeting of the Temecula City Council was called to order at 7:05 PM at the Temecula City Hall Council Chambers, 43200 Business Park Drive, 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 music was provided by Katie Jones. INVOCATION The invocation was given by Mayor Karel Lindemans. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Stone. PRESENTATIONS/PROCLAMATIONS Bishop Doug Carroll of the Church of Jesus Christ of Latter Day Saints, presented a copy of the Proclamation on the Family, issued by the Church in September of 1995. He explained this proclamation promotes family values and is in accordance to "National Family Week". Boy Scout Executive David Klein presented the Boy Scout Medal of Honor to Jeremy Jensen. Boy Scout Leader Dennis Gallagher read the award. Minutes\10\12\96 -1- 01/02/97 City Council Menutes November 12, 1996 City Clerk June Greek read Certificates of Recognition presented by Assemblyman Bruce Thompson and Senator Ray Haynes. Mayor Lindemans presented Jeremy Jenson with the City of Temecula Award of Valor. CITY ATTORNEY REPORT City Attorney Thorson stated that in accordance with the Brown Act, there was nothing to report from Closed Session. PUBLIC COMMENTS Jeffrey Stern, 45835 Jeronimno Street, representing the Wolf Valley Homeowners Association, stated the "Open Air Market" was open for three weekends, and express his opposition to this use. Alan Shawn, 44564 Pala Road, spoke in favor of allowing the "Open Air Market" to operate and stated he has attempted to reach an agreement with surrounding property owners. Clay Phillips, 45439 Master Driver, representing Rainbow Canyon Homeowners Association, stated he did not feel the "Open Air Market" was a proper usage for a residential area. He listed increased traffic and safety of children crossing streets as primary concerns. Wayne Hall, 42134 Agena, speaking on behalf of the American Red Cross, appealed to the community for volunteers. CITY COUNCIL REPORTS Councilmember Stone thanked candidates Sam Pratt and Doug Wolke for their participation in the election as candidates. He also congratulated Steve Ford for his election to City Council. Councilmember Stone reported that through the ERACIT Program, ten drunk drivers were taken off the streets last week. Councilmember Roberts reported he attended a joint meeting of Coachella Valley Association of Governments, the RCTC and WRCOG. He stated that discussion is taking place whether to keep these agencies separate or to go with one larger group. He recommended that if one agencies remains, that WRCOG is his recommendation since everyone, including the cities, have an equal vote. Councilmember Ford encouraged the citizens to get informed and support the Temecula Community Partnership and their contributions to children. He also thanked all the citizens of Temecula who elected him as City Councilmember. Mi nutes\ 1 O\ 1 2\9 6 -2- 1 2/18/96 City Council Minutes November 12, 1996 CONSENT CALENDAR Mayor Lindemans removed Item No. 16 from the Consent Calendar for further comments from City Manager Bradley. He also announced he would abstain on Item 2.2 since he did not attend that meeting. Councilmember Stone requested the removal of Item No. 12 from the Consent Calendar. It was moved by Councilmember Stone, seconded by Councilmember Roberts to approve Consent Calendar Items 1-1 1, 13-15 and 17-18, with Mayor Lindemans abstaining on Item 2.2. 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 Procedure - 1.1Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2Minutes 2.1Approve the minutes of October 8, 1996. 2.2 Approve the minutes of October 22, 1 996. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Ford, Roberts Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Lindemans Mi nutes\ 1 O\ 1 2\9 6 -3- 12/18/96 City Councol Minutes November 12. 1996 3Resolution Approvina List of Demands 3.1Adopt a resolution entitled: RESOLUTION NO. 96-128 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 RECOMMENDATION: 4.1Receive and file the City Treasurer's Report as of September 30, 1996. 5Contract for Professional Services with C.M. Gilliss, Consultant RECOMMENDATION: 5.1Approve and authorize the Mayor to execute the Professional Services Agreement with C.M. "Max" Gilliss to act as liaison between the City and governmental agencies and special interest groups for a monthly fee of $1,000. 6Revision to the Schedule of Authorized Positiona RECOMMENDATION: 6.1Adopt a resolution entitled: RESOLUTION NO. 96-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISION THE SCHEDULE OF AUTHORIZED POSITIONS 7First Amendment to Aareement for Law Enforcement Between the County of Riverside and the Cit)t of Temec@ 7.1Approve the First Amendment to the Agreement of Law Enforcement Services between County of Riverside and the City of Temecula and authorize the Mayor to execute the agreement. Minutes\10\1 2\96 -4- 12/18/96 City Council Minutes November 12, 1996 8Withdrawal from the Riverside City and County Public Library System 8.1Adopt a resolution entitled: RESOLUTION NO. 96-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RELATING TO THE PROVISION OF LIBRARY SERVICES BY THE RIVERSIDE COUNTY FREE LIBRARY SYSTEM 9Accept Subdivision Monumentatmon On Tract No. 23267-F (Located Southwesterly of Margarita Road at Highway 79(S)) 9.1Accept the Subdivision Monumentation in Tract No. 23267-F; 9.2Authorize release of the Subdivision Monument Bond; 9.3Direct the City Clerk to so notify the Developer and Surety. 10Release Traffic Sianalization Mitiaation Bond in Tract No. 231 25-2 (Located Northeasterly of intersection of Butterfield Stage Road at De Portola Road) 10.1Authorize the release of traffic signalization mitigation bond in Tract No. 23125- 2; 10.2Direct the City Clerk to so advise the Developer and Surety. 1 1Renewal of Annual Right-Of-Way Weed Control Pre-Emeraent and Post Emeraent Application, Project No. PW95-24 11.1Extend the Right-Of-Way (R-O-W) weed control contract with Pestmaster Services of Temecula for a period of one (1) year beginning November 14, 1 995 and ending November 14, 1997 in an amount not to exceed $28,331.02. 1 3Completion and Acceptance of the Traffic Sional at Maraarita Road and Rustic Glen Drive, Proiect No. PW96-03 13.1Accept the Traffic Signal at Margarita Road and Rustic Glen Drive, Project No. PW96-03, as complete; 13.2Direct 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; 13.3Direct the City Clerk to release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. Minutes\10\1 2\96 -5- 1 2/18/96 City Council M'nutes November 1 2. 1996 1 4Authorize Temporary Partial Street Closure for Semi-Annual Kiwanis Arts and Crafts (Westerly side of Ynez Road Northerly of County Center Drive) 14.1Adopt a resolution entitled: RESOLUTION NO. 96-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING PARTIAL STREET CLOSURE FOR KIWANIS CLUB OF TEMECULA VALLEY SEMI-ANNUAL ARTS AND CRAFTS FAIRS AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THESE SPECIFIC SPECIAL EVENTS 15.Parcel Map No. 24085-1 Located Northwesterly of the Intersection of Diaz Road Zevo Drive (Avenida de Ventas) 15.1Approve Final Parcel Map 24085-1, subject to the Conditions of Approval. 17 Median/Traffic Island on Cosmic Drive at Rancho California Road 17.1No longer consider the installation of a median/traffic island at Cosmic Drive and Rancho California Road and direct staff to terminate any additional work. 18Murrieta Creek - Department of Fish and Game Permit for Mowina 18.1Accept the conditions of the Department of Fish and Game, approve the permit, and authorize the City Engineer to sign the permit for the mowing of Murrieta Creek. 12Renewal of Annual Street Stripinci Contract Project No. PW94-17 Councilmember Stone asked if there are any local providers that could perform this service. Public Works Director Joe Kicak stated that an RFP could be done, however he requested extending the contract until this could be accomplished. Mayor Pro Tem Birdsall asked if prevailing wages have gone up for this service and questioned whether going out for an RFP could impact the cost of the contract. It was moved by Councilmember Roberts, seconded by Mayor Pro Tem Birdsall to continue this item to the next City Council meeting to allow staff the opportunity to investigate if there are any local providers of this service, and authorized the extension of the contract with ASAP Services, Inc. Until such time as the council has acted on either awarding or renewing this contract. The motion was unanimously carried. Minutes%10\12\96 -6- 12/18/96 Coty Council Minutes November 12, 1996 1 6Professional Services Aareement - City of Temecula and Riverside County Flood Control and Water Conservation District Mowina of Murrieta Creek City Manager Bradley reported the City is actively pursuing permission from property owners to take action to mow Murrieta Creek. He reported notices have been sent out and every effort is being made to contact these property owners. Mayor Pro Tem Birdsall questioned that since the staff report has been done, have any other property owners come forward. Public Works Director Joe Kicak answered that out of 40 notices sent out, nine have not been returned. Mayor Pro Tem Birdsall suggested doing a press release to notify landowners. It was moved by Councilmember Stone, seconded by Councilmember Ford to approve staff recommendation with instruction to staff to prepare a press release notifying the public of the project and the need to secure permission of all landowners to proceed with the clearing of the creek. 16.1Approve the Professional Services Agreement between the City of Temecula and the Riverside County Flood Control and Water Conservation District for mowing of the privately owned portions of Murrieta Creek within the City of Temecula. 16.2Appropriate $9,000.00 plus a 10% contingency of $900.00 for a total of $9,900.00 from the unappropriated General Fund Balance. The motion was unanimously carried. RECESS Mayor Lindemans called a recess at 7:52 PM. The meeting was reconvened following the scheduled Community Services District Meeting, Redevelopment Agency Meeting and the Old Town\Westside Financing Authority Meeting, at 8:30 PM. PUBLIC HEARINGS 19Plannina Application No. PA96-0130 (Develoi2ment Aareement) (Continued from the meeting of 10/8/96) Community Development Director Gary Thornhill presented the staff report. Mayor Lindemans opened the public hearing at 8:31 PM. Minutes\10\12\96 -7- 1 2/18/96 City Council Minutes November 12, 1996 Bryce Kittle, representing the applicant, stated that the applicant is willing to agree that the amount of application fees would not go below soon to be adopted Development Impact Fees. Mayor Lindemans closed the public hearing at 8:37 PM. Councilmember Stone noted concern about rebating fees, since other projects could come forward requesting the same consideration. It was moved by Councilmember Stone, seconded by Councilmember Roberts to deny the request and directed staff to refund the application fees. The motion was unanimously carried. 20Final Draft Riverside Countywide Integrated Waste Manaaement Plan (CIWMP) Mayor Lindemans requested this item be continued to allow time to review the large document which accompanied this report. Councilmember Roberts requested that the City Council be provided with the Executive Summary of this plan. Mayor Lindemans opened the public hearing at 8:45 PM. It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Stone to continue the public hearing to the meeting of November 26, 1996. The motion was unanimously carried. 21Development Code Amendment No. 1 Senior Planner Dave Hogan presented the staff report. Mayor Lindemans opened the public hearing at 8:47 PM. Hearing no requests to speak, Mayor Lindemans closed the public hearing at 8:47 PM. It was moved by Councilmember Stone, seconded by Councilmember Roberts to approve staff recommendation as follows: 21.1Read by title only and introduce an ordinance entitled: ORDINANCE NO. 96-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO MAKE TYPOGRAPHIC AND OTHER MINOR CHANGES TO THE DEVELOPMENT CODE Minutes\10\1 2\96 -8- 12/18/96 City Council Minutes November 12. 1996 The motion was unanimously carried. 22Extension of Moratorium on Certain Adult Businesses and Extension of Interim Adult Business Reaulations City Attorney Peter Thorson presented the staff report. Mayor Lindemans opened the public hearing at 8:50 PM. Hearing no requests to speak, Mayor Lindemans closed the public hearing at 8:50 PM. It was moved by Councilmember Stone, seconded by Councilmember Ford to approve staff recommendation 22.2 as follows: 22.2Adopt an urgency ordinance (4/5 vote required) entitled: ORDINANCE NO. 96-20 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING 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 The motion was unanimously carried. COUNCIL BUSINESS 23Resolution Changina Desianated Location for City Council Meetings City Clerk June Greek presented the staff report. It was moved by Councilmember Stone, seconded by Mayor Pro Tem Birdsall to approve staff recommendation as follows: 23.1Adopt a resolution entitled: RESOLUTION NO. 96-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING THE DESIGNATED LOCATION FOR CITY COUNCIL MEETINGS The motion was unanimously carried. Minutes\10\1 2\96 -9- 12/18/96 City Council Minutes November 1 2. 1996 24Public/Traffic Safety Commission Appowntmenta It was moved by Councilmember Stone, seconded by Councilmember Ford to reappoint Commissioner Charles Coe to serve a full three-year term on the Public/Traffic Safety Commission. The motion was unanimously carried. It was moved by Councilmember Ford, seconded by Mayor Pro Tem Birdsall to appoint Larry Markham to serve a full three-year term on the Public/Traffic Safety Commission. The motion was unanimously carried. The City Council offered their sincere thanks to Commissioner Steve Sanders for his years of service to the City of Temecula. 25Community Services Commission Appointment It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Stone to reappoint Commissioner Jeff Commerchero to serve a full three-year term on the Community Services Commission. The motion was unanimously carried. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT City Attorney Thorson reported that with respect to the first Closed Session Item, regarding Potential Litigation, the Council approved the increasing of the deposit in court by amount of final appraisal. ADJOURNMENT It was moved by Councilmember Stone, seconded by Councilmember Ford to adjourn at 9:08 PM to a meeting on December 3, 1996, 4:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. ndem-ans, Mayor ATTEST: City Clerk Minutes\10\1 2\96 -10- 12/18/96