HomeMy WebLinkAbout081192 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
HELD AUGUST 11, 1992
A regular meeting of the Temecula City Council was called to order at 7:00 P.M. in the
Temecula Community Center, 28818 Pujol Street, Temecula, California. Mayor Patricia H.
Birdsall presiding.
PRESENT: 5
ABSENT: 0
COUNCILMEMBERS: Lindemans, Moore, Mu~oz, Parks, Birdsall
COUNCILMEMBERS: None
Also present were City Manager David F. Dixon, City Attorney Scott C. Field, and City Clerk
June Greek.
INVOCATION
The invocation was given by Pastor James Field, First Baptist Church.
P! !=DRIF OF ALLFGIANCF
The audience was led in the pledge of allegiance was led by Mayor Pro Tern Karel Lindemans.
PRFSFNTATIONS/
PROC! AMATIONS
Joe Hreha presented Mayor Patricia H. Birdsall with the 1992 Recycling Achievement Award
received by the City from the State of California Department of Conservation, at the 16th
Annual Conference of the California Resource Recovery Association, for first place in the public
sector category.
Mayor Birdsall expressed her appreciation to the citizens for the support she received during her
trip to Washington D.C.
City Attorney Scott Field advised that during the closed session the City Council considered
whether to continue to pursue the litigation against the Border Patrol. The City Council has
decided to discontinue this litigation in light of recent cooperation of the Border Patrol.
Mayor Pro Tem Lindemans clarified that the City will continue to monitor the Border Patrol
pursuit policies.
PUBLIC FORUM
Mike Thesing, 20391 Via Brisa, Temecula, addressed the Council with his concern that there
are presently too many restaurants for the population in Temecula, and suggested that the City
place a moratorium on any new restaurants for three to four years.
Mayor Pro Tem Lindemans asked that staff provide information from other cities with this type
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of moratorium in place.
Councilmember Mu~oz suggested that staff and possibly the Chamber of Commerce could
provide potential entrepreneurs with the facts on the present local economy.
CONSFNT CA! FNDAR
Mayor Pro Tem Lindemans stated he would abstain from voting on Items No. 9, 10 and 11 due
to a conflict of interest.
Councilmember Mu~oz stated he would abstain from voting on Items No. 9 due to a possible
conflict of interest.
Councilmember Parks stated he would abstain from voting on Items No. 8 and 9 due to a
conflict of interest.
It was moved by Councilmember Moore, seconded by Councilmember Mu~oz to approve
Consent Calendar Items 1 - 8, and 10 - 16.
The motion was carried by the following vote:
AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks
NOES: 0 COUNCILMEMBERS: None
Due to a lack of a voting quorum for Item No. 9, the rule of necessity wa declared and lots
were drawn. Councilmember Parks drew the lot to cast a vote on this matter.
It was moved by Councilmember Parks, seconded by Councilmember Moore to approve Consent
Calendar Item No. 9.
The motion was carried by the following vote:
AYES: 3 COUNCILMEMBERS: Birdsall, Moore, Parks
NOES: 0 COUNCILMEMBERS: None
ABSTAIN: 2 COUNCILMEMBERS: Lindemans, Mu~oz
1. Standard Ordinance Adoption Procedure
1.1 Motion to waive the reading of the text of all ordinances and resolutions
included in the agenda.
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2.
5. Continuation
Schedules
o
AUC, UST 11, 1992
Minutes
2.1 Approve the minutes of the meeting of July 14, 1992.
Resolution ADDroving List of Demands
3.1 Adopt a resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING
CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
Public Nuisance Abatement - 78613 Pujol Street
4.1 Approve the issuance of a purchase order in the amount of $17,725 to
Hunt Wrecking for the removal of all vehicles and scrap metals.
4.2 Approve the issuance of a purchase order in the amount of $14,845 to
Environmental Recovery Services for the hazardous material removal.
4.3 Appropriate $32,570 for Other Outside Services from Unreserved Fund
Balance.
of Resolution Establishing Building Valuation and Miscellaneous Fee
5.1
Continue consideration of this item off calendar to allow adequate time
for a resolution to be achieved.
Amended Condition of ADDroved Tentative Tract Map No. 23209
6.1
Approve the amendment to Condition No. 33.
Award of Professional Engineering Services Contract for an Interchange Study on 1-15
7.1
The joint Temecula/Murrieta Transportation Committee recommends that
the City Council award a contract for Professional Engineer Services to
NBS/Lowry of San Diego for an amount not to exceed $15,000 to
conduct an interchange Study on I-15 North of Winchester Road;
7.2
Authorize the Mayor to execute the contract.
Renewal of Annual Street Maintenance Contract FY 92-93
8.1
Extend the Street Maintenance Contract as amended with Ramtek
Contractors, Inc. of Temecula for a period of one year (June 30, 1993);
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8.2
Authorize the Mayor to execute the contract.
Award of Contract for Construction of Street Iml~rovements on Sixth Street Between
Front Street and Mercedes - PW 9?-0?
9.1
Award a contract for construction of street and sidewalk improvements
on Sixth Street (Project PW 92-02) to Ramtek Contractors, Inc., for
$41,326.30, and authorize the Mayor to execute said contract.
9.2
Transfer $45,458.93 from the Development Impact Fund to the Capital
Projects Fund and appropriate $45,458.93 (bid amount plus 10% to
allow for possible change orders) to Capital Projects Account No. 021-
165-623-5804.
10.
Award of Professional Services Contract to Leighton and Associates for Geotechnical
Services on Sixth Street Project (PW 92-0?)
10.1
Award a professional services contract in the amount of $3,038.00 to
Leighton and Associates for Geotechnical Services on the Sixth Street
Project (PW 92-02) and authorize the Mayor and City Clerk to sign said
contract.
10.2
Transfer $3,038.00 from the Development Impact Fund and appropriate
$3,038.00 to the Capital Projects Account No. 021-165-623-5804.
11.
Award of Professional Services Contract to Robert Bein. William Frost and Associates
for Survey Services on Sixth Street (PW 92-02)
11.1
Award a professional services contract in the amount of $4,625.00 to
Robert Bein, William Frost and Associates (RBF) for survey services on
Sixth Street improvements (Project No. PW 92-02), and authorize the
Mayor and City Clerk to sign said contract.
11.2
Transfer $4,625.00 from the Development Impact Fund to the Capital
Projects Account and appropriate $4,625.00 to Capital Projects Account
No. 021-165-623-5804.
12. Accel~tance of Public Iml~rovements in Tract No. 21764
12.1
Accept the Public Improvements in Tract No. 21764;
12.2
Authorize the reduction of Faithful Performance Sewer System Bond and
release of the Subdivision Monumentation Bond;
12.3
Accept the Faithful Performance Maintenance Rider;
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13.
14.
15.
16.
16.2
PUBLIC HF/t, RINGS
17.
AUGUST 11. 1999
12.4 Approve the Subdivision Agreement Rider;
12.5 Direct the City Clerk to so advise the Clerk of the Board of Supervisors.
Release a Portion of Faithful Performance Bonds and Material and Iabor Bonds in Parcel
Map No. ?3496
13.1 Authorize the release of a portion of the Street/Drainage Faithful
Performance Bonds and Labor and Material Bonds in Parcel Map No.
23496;
13.2 Direct the City Clerk to so notify the Developer and Surety.
Release Faithful Performance Securities and Material and ! abor Securities in Parcel Mal~
No. ?3354
14.1 Authorize the release of Street/Drainage and Sewer and Water System
Faithful Performance Letters of Credit, and Material and Labor Letters of
Credit in Parcel Map No. 23354;
14.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors.
Release of Material and Labor Bonds in Parcel Map No. 23561-1
15.1 Authorize the release of Material and Labor Bonds in Parcel Map No.
23561-1;
15.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors.
Release of Material and ! abor Bonds in Parcel Mal~ No. 23561-2
16.1 Authorize the release of Material and Labor Bonds in Parcel Map No.
23561-2;
Direct the City Clerk to so advise the Developer and Surety.
Vesting Tentative Tract Map 25320 and Change of ?one 5631
Mayor Birdsall opened the public hearing at 7:25 P.M.
It was moved by Councilmember Parks, seconded by Councilmember Lindemans to
continue Vesting Tentative Tract Map 25320 and Change of Zone 5631 to the meeting
of August 25, 1992. The motion was unanimously carried.
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18. Ordinance Regulating Temporary Signs
Gary Thornhill presented the staff report.
Councilmember Parks asked if banners were permitted under the Ordinance.
Gary Thornhill advised that they are permitted, as long as they are attached to the
building.
Councilmember Lindemans asked what the make-up of the ad-hoc committee was, and
if the Chamber reviewed all the documents prior to endorsing the ordinance.
Gary Thornhill advised that there were four ad-hoc committee meetings with
representatives from real estate, sign businesses, restaurants, the Chamber of
Commerce and several others. He added that there was not consistent attendance at
all of the meetings.
John Meyer added that the ordinance was reviewed and approved by one of the
Chamber's sub-committees.
Mayor Birdsall opened the public hearing at 7:45 P.M.
Robert Scott, 28535 Front Street, Temecula, stated he agrees that signs should not be
on sidewalks, but feels the ordinance will hinder businesses.
Mike O'Donnell, 29760 Rancho California Road, Temecula, representing Bob Newsom,
C-21 Newsom, read a letter Mr. Newsom addressed to the Council in opposition to the
proposed ordinance. In his letter, Mr. Newsom requested postponing the ordinance until
there are signs of an end to the recession.
Roni Graves, 31040 Via Norte, Temecula, stated that she was part of the ad-hoc
committee, however, on the day the ordinance was voted on, the three realtors on the
committee were not notified of the meeting. Ms. Graves stated that under the
circumstances of the current recession, adoption of the ordinance should be postponed
for a minimum of six months. When asked what she felt should be allowed, Ms. Graves
stated that A-Frame signs should be allowable. She added that the visibility of the
building was important when determining the allowable signage.
Gary Thornhill clarified that most of the banners and temporary signs in the City are and
have been illegal; however, this proposed ordinance allows signs that are not allowed
under the existing ordinance. City staff has not been enforcing the sign ordinance at
the direction of the City Council.
Kenneth McKee, 41900 Moreno Drive, Temecula, representing Motel 6, expressed
opposition to the time limits on the permit.
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CITY COUNCIL MINUTFS AUC~UST 11. 1999
Costas St. John, 28690 Front Street, Temecula, stated that because the present
economic situation, all forms of advertisement should be allowed for a two year period.
William Hepburn, 31130 South General Kearney Road, Temecula, stated that he felt the
businesses need all the help they can get and suggested that the banners read "Shop
Temecula First".
Mike Thesing, 20391 Via Brisa, Temecula, concurred with the previously expressed
opposition to the ordinance.
Greg Treadwell, 27300 B. Jefferson, Temecula, expressed concern that the ordinance
will have negative impacts on the already unstable local business industry. Mr.
Treadwell added that if the ordinance is approved, all business should adhere to the
policy.
Mayor Birdsall declared a recess at 8:00 P.M. The meeting was reconvened at 8:15 P.M.
Bob Richardson, 29760 Rancho California Road, Temecula, stated that it was very
important to allow new business owners a fair chance to advertise their businesses.
Gary Bigge, 4525 Catelar Street, San Diego, representing Burger King, stated that a lot
of the local business are struggling in this recession, and it is his opinion that the
banners increase his business.
Lou Kashmere, 29115 Front Street, Temecula, suggested that the City hire a consultant
to draft a sign motif for use on banners.
Jim Futcher, 27625 Jefferson, Temecula, owner of two local Subway Sandwich Shops,
advised that he volunteered to serve on the ad-hoc committee. At the meetings there
was consensus to eliminate A-Frame signs, but not to eliminate banners that are not
affixed to buildings. Mr. Futcher added that he felt the ordinance was appropriate.
Joan Tussing, owner of Fast Signs, advised that she served on the ad-hoc committee
and expressed her appreciation for the planning staff's consideration of the business
community. Ms. Tussing suggested a six month moratorium on enforcement to allow
the businesses to seek appropriate signage.
Carol Gamboni, 28535 Front Street, Temecula, expressed her opposition to the
ordinance.
Councilmember Mu~oz stated that many of the signs are in the public right-of-way
which creates a liability for the City and these signs should be removed immediately.
He also agreed that signage should be addressed at project approval to ensure that
businesses are adequately advertised by "kiosk" signs or marques.
Councilmember Lindemans agreed that any sign in the public right-of-way is an
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immediate hazard to the City and should be moved. Councilmember Lindemans
suggested a moratorium of one year, with signs in the public right-of-way and vehicle
mounted to be removed immediately.
Councilmember Moore stated that she felt the ordinance was very liberal.
Councilmember Parks stated he would like to see a six month delay on enforcement, the
sixty days of banner advertisement per year was not enough, and asked that staff
determine conditions where free-standing signs and banners could be allowed.
Councilmember Mu~oz stated that he would agree to doubling the duration period for
banners.
City Attorney Scott Field advised the Council that he felt it is was important to take
action at this time on the ordinance.
It was moved by Councilmember Parks, seconded by Councilmember Lindemans to
return this matter to staff with instructions to review and provide a grandfather approval
for existing signs for a period of six months and review the time limits proposed;
implement enforcement of the two restrictions on signs posted in the right-of-way or
vehicle mounted; and study and bring back a recommendation where free-standing
signs, A-Frame signs and banners may be used.
The motion was carried as follows:
AYES:
4 COUNCILMEMBERS: Lindemans, Mu~oz, Parks, Birdsall
NOES: 1
COUNCILMEMBERS: Moore
19. Final Listing of Potentially Hazardous Buildings
Tony Elmo presented the staff report.
Mayor Birdsall opened the public hearing at 9:30 P.M.
It was moved by Councilmember Parks, seconded by Councilmember Lindemans to
continue the public hearing for Final Listing of Potentially Hazardous Buildings to
September 22, 1992. The motion was unanimously carried.
COUNCIL BUSIN!=SS
24. Memorandum of Understanding Regarding Paloma Del Sol
City Attorney Scott Field presented the staff report.
It was moved by Councilmember Lindemans, seconded by Councilmember Moore to
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CITY COUNCIL MINUTI=S AUGUST 11, 1999
approve the Amended Memorandum of Understanding ("MOU") regarding Paloma Del
Sol.
Councilmember Mu~oz expressed concern that this agreement had the potential for
possible litigation by to the County and opposed the agreement which he felt modified
the contract forever.
Councilmember Lindemans clarified that the contract was for a two year term.
Councilmember Parks stated that he supported the agreement which settles a potential
lawsuit with the developer and provides the City with a development agreement with
the local developer instead of with the County.
The motion carried as follows:
AYES:
4 COUNCILMEMBERS: Lindemans, Moore, Parks, Birdsall
NOES: 1
COUNCILMEMBERS: Mu~oz
25. Consideration of Chamber of Commerce Contract Service Agreement
Mary Jane Henry provided the staff report.
Doug Davies, 27450 Ynez Road, Temecula, representing the Temecula Valley Chamber
of Commerce, requested support for renewal of the contract.
Evelyn Harker, 31130 S. General Kearney, Temecula, encouraged the City Council to
support the contract agreement.
Councilmember Mu~oz stated that he objects to being asked to support activities which
are being done by two other organizations in the community and which appear to be
very generic to any Chamber.
It was moved by Councilmember Lindemans, seconded by Councilmember Parks to
approve funding in the amount of $46,000 to the Chamber of Commerce and to direct
the execution of the Chamber of Commerce Contract Service Agreement. The motion
was unanimously carried.
23. Emergency Management Program Presentation
It was moved by Councilmember Parks, seconded by Councilmember Moore to continue
the Emergency Management Program Presentation to the meeting of August 25, 1992.
The motion was unanimously carried.
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CITY COUNCIl MINUT!=S AU~-UST 11. 1999
20. Temecula/Murrieta Transportation Committee
Tim Serlet provided the staff report.
Councilmember Parks stated that he believed the original intent of the committee was
to work on the freeway interchange; however, if there are other issues that the Council
would like addressed, he would request clear direction.
Councilmember Muhoz stated that he saw the committee addressing several issues
regarding transportation.
It was moved by Councilmember Parks, seconded by Councilmember Moore to continue
the operation of the Temecula/Murrieta Transportation Committee and using the list of
issues presented in the staff report, bring back in one month a prioritized list of issues
that the committee should address.
At 10:00 P.M. it was moved by Councilmember Mudoz, seconded by Councilmember Parks to
extend the meeting to 10:15 P.M. The motion was unanimously carried.
21. Discussion of Combining Traffic and Transportation and Public Safety Commissions
Councilmember Lindemans stated that he brought this item before the Council because
he felt that the two Commissions could be combined to save on staff time, and to make
the commissions more viable. He suggested that the Councilmembers review and
perhaps question some of the Commissioners.
Councilmember Mu~oz said that he would hate to see the two commissions combined,
stating that he felt the Traffic and Transportation Commission had a lot of
responsibilities to keep their attention and added that he felt the Council was guilty of
not providing enough direction.
Mayor Birdsall indicated that she did not feel that disaster preparedness was a topic for
the Public Safety Commission and that a lot of other Cities handle this issue under their
Parks and Recreation Commission.
Chairman Ron Roberts of the Traffic and Transportation Commission advised that
although in the past the Commission had not been utilized to its fullest potential, the
Commission was now being adequately utilized. Chairman Roberts provided the Council
with the following list of issues that the Commission is presently working on:
* A Sub-Committee is working on regulating oversize permit loads.
Providing inter-city bus service.
Implementing Dial-A-Ride.
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CITY COUNCIl MINUTFS AUGUST 11, 199;~
* An addition of west bound through lane on Winchester Road.
Chairman Frank Klein of the Public Safety Commission addressed the Commission in
opposition to the proposed merger. Chairman Klein advised that Commissioner Ted
Goudy supported the merger of the two Commissions with the addition of two
Commissioners.
It was moved by Councilmember Parks, seconded by Councilmember Lindemans to
continue this matter and direct staff to determine how the merger would be completed
and what areas the two Commissions do not overlap and bring this information back in
one month.
The motion was unanimously carried.
22. Appointment to Parks and Recreation Commission
It was moved by Councilmember Moore, seconded by Councilmember Lindemans to
continue the appointment to the Parks and Recreation Commission to the meeting of
August 25, 1992. The motion was unanimously carried.
CITY MANAC,;R R;PORT
City Manager David Dixon advised the Council that the City has arranged for Inland Valley Cable
to air an earthquake preparedness program on Friday August 14, and Monday August 24, 6:00
P.M., Channel 24. He added that a Family Disaster Preparedness Plan would be distributed to
every home through the Bargain Bulletin on August 12.
CITY ATTORN;Y R;PORT
None
CITY COUNCIL Rr:PORTS
None
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CITY COUNCIL MINUT!=S AUGUST 11. 1999
ADJOURNM;NT
It was moved by Councilmember Lindemans, seconded by Councilmember Parks to adjourn at
10:30 P.M. The next regular meeting of the Temecula City Council will be held on Tuesday,
August 25, 1992, 7:00 P.M. Temecula Community Center, 28816 Pujol Street, Temecula.
ATTEST:
Patricia H. Birdsall, Mayor
Ju~__~__~Greek, City Clerk
[SEAL]
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