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HomeMy WebLinkAbout121697 CC MinutesMINUTES OF AN ADJOURNED REGULAR MEETING OF THE TEMECULA CITY COUNCIL DECEMBER 16, 1997 EXECUTIVE SESSION An adjourned regular meeting of the Temecula City Council was called to order at 5:00 P.M. in the Main Conference Room, 43200 Business Park Drive, Temecula, California, to discuss closed session items as noted below: §54956.8, Conference with Real Property Negotiator (three matters); 1) Property: approximately 120 acres located westerly of Pujol street; Negotiating Parties: City of Temecula, John Firestone and Westside Improvement Authority Community Facilities District No. 1; Under negotiation: price and terms of payment of potential acquisition. 2) Property: 42111 Avenida Alvarado; Negotiating Parties: Western TelCom and City of Temecula; Under negotiation: Terms and Conditions of an Owner/Participation Agreement; 3) Property: 27555 Commerce Center Drive; Negotiating Parties: Redevelopment Agency and Generic Manufacturing; Under negotiation: Terms and Conditions of a Development Agreement §54956.9(a), Pending Litigation (three cases) 1) Cal Paloma Del Sol vs. City of Temecula 2) Riverside County Habitat Conservation Agency, et al. 3) Bankruptcy of Blind Pig Brewery §54956.8, Conference with Real Property Negotiator regarding portion of property located east of Margarita Road, directly north of the Winchester Creek Development: Negotiating Parties - Stephen A. Bieri Company and the City of Temecula: Under negotiation: Consideration of acquisition agreement. The Temecula City Council reconvened at 7:12 P.M. in City Council Chambers, 43200 Business Park Drive, Temecula, California, to consider regularly scheduled City Council business. Mayor Roberts presiding. Minutes\ 121697 1 City Counci Minutes 121697 PRESENT: 5 COUNCILMEMBERS: Comerchero, Ford, Lindemans, Stone, and Roberts. ABSENT: 0 COUNCILMEMBERS: None. Also present were City Manager Bradley, City Attorney Thorson, and City Clerk Greek. PRELUDE MUSIC In lieu of prelude and intermission music, a videotape was shown, promoting the Christmas theme for Old Town "Dickens of a Christmas." INVOCATION The invocation was given by Pastor Doug Cole, Church of Christ. FLAG SALUTE The audience was led in the flag salute by Councilman Stone. PUBLIC COMMENTS None given. CITY COUNCIL REPORTS A. Councilman Ford briefly commented on upcoming Christmas activities in Old Town. B. Considering the time of the Season, Councilman Comerchero encouraged those individuals more fortunate than others to be thankful for what they have and to share and to aid those that are less fortunate. C. Having received numerous calls with regard to potholes throughout the City, Councilman Lindemans relayed his desire to formulate a method by which these potholes are reported in a timely fashion and repaired in an expedient manner. He suggested the aid of the Police Department to which Lt. Jim Domenoe advised that police officers currently report potholes to the City. Lt. Domenoe noted that he would discuss the matter with City Engineer Kicak in order to devise a more expedient method of reporting. D. Mayor Roberts advised that the City Council would be returning to closed session at the end of regular business. Minutes\121697 2 City Council Minutes Mayor Roberts wished everyone a Happy Holiday Season. December 16. 1997 CONSENT CALENDAR 1. Standard Ordinance Adoption Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2. ADDroYal of Minutes _ _ 2.1 Approve the minutes of November 18, 1997 2.2 Approve the minutes of November 25, 1997 , Resolution ADDrovina List of Demands -- 3.1 Adopt a resolution entitled: RESOLUTION NO. 97-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A . Contract Inspection Services for Buildina and Safety -- 4.1 Approve and appropriation of $35,000 to Account Number 001-162-999-5118 "Temporary Help." 4.2 Approve an amendment to an existing agreement for consulting services with J.A.S. Pacific Consulting Services, Inc., in the amount of $35,000 to provide building inspection services to the Building and Safety Department. . Approval of Parcel MaD No. 24085-F {Located Northwesterly of the intersection of Diaz Road and Zevo Drive - Avenida de Ventas) , 5.1 Approve Final Parcel Map No. 24085-F subject to the conditions of approval. Approval of Parcel MaD No. 24085-3 {Located Northwesterly of the intersection of Diaz Road and Zevo Drive - Avenida de Ventas) 6.1 Approve Final Parcel Map No. 24085-3 subject to the conditions of approval. Minutes\ 121697 3 City Council Minutes December 16. 1997 , ADDroval of Tract MaD No. 24185-1 {Located South of Sunny Meadows Drive. East of Camoanula Way and North of DePortola Road) 7.1 Approve Tract Map No. 24185-1 in conformance with the conditions of approval. . Aoorov{11 of Tract Mao No. 24186-1 {Located on the Northeast corner of Meadows Parkway and Leena Way) 8.1 Approve Tract Map No. 24186-1 in conformance with the conditions of approval. . ADoroyal of Parcel Mao No. 28530-1 {Located on the Southeast corner of Winchester Road [Highway 79 North] and Ynez Road) 9.1 Approve Parcel Map No. 28530-1 in conformance with the conditions of approval. This item was pulled and discussed later in the evening; see page 7. 10. Aooroval of Tract Mao No. 24186-2 _ _ {Located South of Sunny Meadows Drive and West of Jerez Lane) 10.1 Approve Tract Map No. 24186-2 in conformance with the conditions of approval. 11. Acceotance of Public Street into the City-maintained Street System {within Parcel MaD 11.1 Adopt a resolution entitled: RESOLUTION NO. 97-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN PARCEL MAP NO. 27232) 12. Acceot Public Imorovements in Parcel Mao No. 27987-1 {Located South of Hiahwav 79 -- South. between Redhawk Parkway and Country Glen Way! 12.1 Accept the Public Improvements in Parcel Map No. 27987-1 and authorize reduction in the Faithful Performance security to the warranty level, and initiation of the one-year warranty period. 12.2 Direct the City Clerk to so advise the Developer and Surety. Minutes\121697 4 City Council Minu~ December 16. 1997 13. 14. 15. 16. Acceptance of Public Improvements in Parcel MaD No. 27232 (Located at the- Northwesterly corner of Rancho California Road and Lvndie Lane) 13.1 Accept the Public Improvements in Parcel Map No. 27232 and authorize reduction in the Faithful Performance security to the warranty level, release the Subdivision Monument and Traffic Signalization securities and initiation of the one-year warranty period. 13.2 Direct the City Clerk to so advise the Developer and Surety. Acceptance of Public Streets into the City-Maintained Street System - Within Parcel MaD No. 27987-1) (Located at the Southwest corner of Highway 79 South at Redh~wk Parkway) 14.1 Adopt a resolution entitled: RESOLUTION NO. 97-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN PARCEL MAP NO. 27987-1) Professional Services Engineering Agreement - BidAmerica for Archivine Plan Room Files to Cornouter Discs 15.1 Approve a Professional Services Agreement between BidAmerica and the City to provide Compact discs (CDS) of the Public Works Maps and Improvement Plans by scanning the documents and to create a database table compatible with the Sierra System to retrieve and reproduce these plans through the City Computer Network and authorize the Mayor to execute the agreement. 15.2 Approve an appropriation of $30,000 from the General Fund Reserves to the Public Works Consulting Services Account No. 001-163-999-5248 for creating a database table, labeling and scanning approximately 11,000 plan sheets and 6,000 aperture (microfiche) cards onto Computer Discs. This includes providing BidVue software for printing and viewing the documents for five (5) work stations. Quitclaim Public Utility Easements over a portion of Temecula Regional Mall Site (Located Southwesterly of Margarita Road and Northerly of proDosed Overland Drive) 1§.1 Adopt a resolution entitled' Minutes\ 121697 5 City Council Minutes December 16. 1997 RESOLUTION NO. 97-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING QUITCLAIM OF CERTAIN PUBLIC UTILITY EASEMENTS TO THE UNDERLYING FEE OWNERS (PORTION OF TRACT NO. 3334 FOR PORTION OF TEMECULA REGIONAL MALL SITE SOUTHWESTERLY OF MARGARITA ROAD AND NORTHERLY OF PROPOSED OVERLAND DRIVE) 17. Release Faithful Performance Warranty and Labor and Materials Securities in Tract No. 21675-5 17.1 Authorize the release of the Faithful Performance Warranty and Labor and Materials securities for Public Street, Water and Sewer improvements in Tract No. 21675-5. 17.2 Direct the City Clerk to so advise the Developer and Sureties. 18. Reduce Faithful Performance Bond Amount in Parcel Ma0 No. 26232-? {Located at the Southeast corner of the intersection of Winchester Road and Nichole8 Road) 18.1 Authorize a thirty-one percent (31%) reduction in Faithful Performance bond amount for street lights, sidewalk, driveways and median improvements. 18.2 Direct the City Clerk to so advise the Developer and Surety. 19. AD0rove Plans and Specifications and Award Construction Contract for the FY 97-98 Street Strioina Proaram, Project No. PW 97-28 19.1 Approve the Plans and Specifications for the FY 97-98 Street Striping Program. 19.2 Award a contract for the FY 97-98 Street Striping Program, Project No. PW 97-28 to Pacific Striping, Inc. for $78,150.50 and authorize the Mayor to execute the contract. 19.3 Authorize the City Manager to approve change orders not to exceed the contingency amount of $7,815.05 which is equal to 10% of the contract amount. 20. Second Readina of Ordinance No. 97-22 -- 20.1 Adopt an Ordinance entitled: Minutes\121697 6 City Council Minutes December 16. !9~7 ORDINANCE NO. 97-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ORDINANCE NO. 91-26, SECTION 19.8, SUBSECTION C.4 AND C.5 PERTAINING TO ADVERTISING REGULATIONS FOR THE USE OF TEMPORARY AMBIENT AIR BALLOONS AND OTHER SIMILAR INFLATABLES 21. Second Readinc~ of Ordinance No. 97-23 -- 21.1 Adopt an Ordinance entitled: ORDINANCE NO. 97-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 15.16.010 OF THE TEMECULA MUNICIPAL CODE RELATING TO REFERENCES TO THE UNIFORM FIRE CODE AND ADDING SECTION 15.16.020p TO THE TEMECULA MUNICIPAL CODE AMENDING THE UNIFORM FIRE CODE TO ALLOW CRIMINAL VIOLATIONS OF THE UNIFORM FIRE CODE AND AMENDMENTS THERETO TO BE CHARGED AS MISDEMEANORS OR INFRACTIONS MOTION: Councilman Stone moved to approve Consent Calendar Item Nos. 1 through 8 and 10 through 21 (Item No. 9 was pulled). The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval with the exception of Councilman Comerchero who abstained with regard to Item No. 2.1 (Minutes of November 18, 1997). At this time, Consent Calendar Item No. 9 was discussed. . ADDrOYal of Parcel MaD No. 28530-1 (Located on the Southeast corner of Winchester Road [Highway 79 North] and Yne; Road) 9.1 Approve Parcel Map No. 28530-1 in conformance with the conditions of approval. City Engineer Kicak reviewed the staff report (as per agenda material). Although there has been a delay in the agreements and securities for monumentation of the Parcel Map, Mr. Kicak relayed staff's recommendation to approve the final Parcel Map but that recordation of the Map be delayed until the delivery of the agreements and securities. MOTION: Councilman Stone, seconded by Councilman Comerchero, moved to approve Consent Calendar Item No. 9. Voice vote reflected unanimous approval. At 7:26 P.M., the City Council convened as the Temecula Community Services District, Temecula Redevelopment Agency, and the Westside Improvement Authority. At 7:32 P.M., the City Council meeting was reconvened to discuss regularly scheduled City Council Minutes\121697 7 City Council Minutes December 16. 1 ~)~)7 business. COUNCIL BUSINESS 22. ADoointment of Community Services Commission Member 22.1 Review the Ad Hoc Committee recommendations and appoint one applicant to fill an unexpired term through October 10,1999. City Clerk Greek presented the staff report (as per agenda material), advising that the Ad Hoc Committee is recommending the appointment of Mr. James Meyler. In light of Mr. Mike Naggar's continuous efforts to serve the City, Councilman Lindemans made the following motion: MOTION; Councilman Linderoans nominated Mr. Mike Naggar to serve on the Community Services Commission. (This motion died for the lack of a second,) Considering the number of qualified applicants from which the Ad Hoc Committee had to choose, including Mr. Naggar's, Councilman Stone, echoed by Councilman Comerchero, commented on the difficulty the Committee had to make its decision and briefly commented on the criteria used in making the decision. Having previously served on the Community Services Commission, Councilman Comerchero noted that although Mr. Meyler's credentials are impeccable, he chose Mr. Meyler because he was of the opinion that Mr. Meyler would be a perfect fit for the Commission. MOTION; Councilman Stone moved to appoint Mr. James Meyler to the Community Services Commission. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. CITY MANAGER'S REPORT City Manager Bradley wished everyone a Happy Holiday Season and a Safe and Prosperous New Year. At 7:42 P.M., the City Council convened in closed session. At 8:34 P.M., the City Council reconvened in open session with City Attorney Thorson making the following statements: CITY ATTORNEY'S REPORT With respect to the three Real Estate matters, City Attorney Thorson advised that the City Council gave direction to City staff; that no action was taken; and that final action would be taken in open session. Minutes\ 121697 8 City Council Minutes December 16. 1997 With regard to the three pending litigation matters, City Attorney Thorson advised that the City Council authorized him to proceed with legal action necessary to collect the outstanding debt on the Blind Pig Brewery Small Business Loan. Councilman Lindemans requested that the discussion of potential acquisition of a 15.8 acre parcel, located directly adjacent to the RogersDale property, be agendized for the January 13, 1998, City Council meeting. Adiournment At 8:36 P.M., the City Council meeting was formally adjourned to Tuesday, January 13, 1998, at 7:00 P.M., City Council Chambers, 432000 Business Park Drive, Temecula, California. Roberts, Mayor ATTEST: [SEAL] Minutes\121697 9