HomeMy WebLinkAbout102798 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
OCTOBER 27, 1998
CLOSED SESSION
A meeting of the City of Temecula City Council was called to order at 5:30 P.M. It was duly
moved and seconded to adjourn to Closed Session pursuant to Government Code Sections:
1. Conference with real property negotiator pursuant to Govemment Code Section
54956.8 concerning the acquisition or leasing of real property located at 41953 Main
Street, Temecula. The negotiating parties are the Redevelopmerit Agency of the
City of Temecula and Dual Development. Under negotiation are the price and terms
of payment of the real property interests proposed to be acquired.
2. Conference with City Attomey and legal counsel pursuant to Govemment Code
Section 54956.9(a) with respect to 3 matters of existing litigation involving the City
and/or the Agency. The following cases/claims will be discussed: 1) OMG vs. City
of Temecula; 2) Alameda vs. City of Los An.cleles (Amicus Brief Participation); and 3)
KR Palm Plaza.
3. Conference with City Attorney and legal counsel pursuant to Government Code
Section 54956.9(b) with respect to two matters of potential litigation, With respect to
each matter, the City Attorney has determined that a point has been reached where
there is a significant exposure to litigation involving the City and/or the Agency based
on existing facts and circumstances.
4. Consideration of appointment for the position of City Manager pursuant to the
provisions of Government Code Section 54957.
ROLL CALL
Present:
Councilmembers:
Comerchero, Lindemans, Stone, Ford,
and Roberts.
Absent: Councilmember: None.
PRELUDE MUSIC
The prelude and intermission music was provided by Katie Welsh.
INVOCATION
The invocation was given by Pastor Alan Pickering of Southwest Christian Church.
ALLEGIANCE
The audience was led in the Flag salute by Councilman Comerchero.
PRESENTATIONS/PROCLAMATIONS
GTE Update- AI Sabsevitz, Public Affairs Manacler
Mr. AI Sabsevitz, Public Affairs Manager for GTE, presented an overview of those services
provided by GTE; commented on the GTE/Bell Atlantic merger; and reviewed preparations
undertaken by GTE to prepare for the year 2000.
Certificate of Appreciation for Knox Johnson
A Certificate of Appreciation was presented to and accepted by Mr. Knox Johnson for his
contributions to the Public/Traffic Safety Commission.
Certificate of Appreciation for Ron Perry
A Certificate of Appreciation was presented to and accepted by Mr. Ron Perry for his
contributions to the Public/Traffic Safety Commission.
Certificate of Appreciation for Bob Morris
A Certificate of Appreciation was presented to and accepted by Mr. Robert Morris for his
contributions to the Old Town Local Review Board.
Certificate of Appreciation for Vylani AIImon
A Certificate of Appreciation was presented to and accepted by her daughter for her exemplary
work and sincere commitment to the quality of life for families in Temecula.
PUBLIC COMMENTS
A. Ms. Christy Strausbaugh, 31375 Cala Carrasco, expressed her concem with regard to
recent Old Town expenditures - the City's purchase of a condemned building, the construction
of two archways, and the painted mural. Ms. Strausbaugh as well questioned the potential
conflict with Councilman Lindemans voting on Old Town issues considering his wife has a
business in Old Town.
In response to Ms. Strausbaugh comment with regard to Councilman Lindemans, City
Attomey Thorson advised that it has been determined that because Mrs. Lindemans is on a
short-term lease and does not own the building and does not have a tourist-related business,
there would be no conflict of interest on Mr. Lindemans' part to vote on Old Town issues.
City Manager Bradley further clarified the use of Redevelopment funds, noting that such
funds are restricted, by law, to be spent within a Redevelopment area; and noted that
Redevelopment funds are an extension of State Government, advising that the Redevelopment
Agency is a subsidy from all taxpayers in the State of California. With regard to the Mercantile
Building, Mr. Bradley noted that because there are several competing uses, no specific use has
been identified.
Reiterating his objection to the installation of ballfield lights at the Temeku park site, Mr. David
Mathewson, 31293 Durney Court, commended Councilmembers Lindemans and Stone on their
receipt of the Rose Award for serving on the Subcommittee which was formed in an effort to
address the residents' concerns.
Having met with Lennar and McMillan, Councilman Stone relayed their interest in working with
the City in order to expedite the extension of Meadows Parkway, noting that additional
information would be provided at the November 10, 1998, City Council meeting.
B. Ms. Diane Bingham, 41417 Avenida De La Reina, relayed her interest to access and
utilize the Wedding Chapel in order to perform services and weddings.
Community Services Director Parker informed the City Council that he had informed Ms.
Bingham of an existing agreement with the Museum which will expire March 15, 1999, and that
weddings have been scheduled up to that time.
Councilman Stone offered to meet with Ms. Bingham and Community Services Director
Parker in an effort to resolve her concerns.
C. Mr. Ron Perry, 44550 La Paz Road, relayed his concerns with regard to traffic issues
throughout the City which remain unresolved and offered the following recommendations:
· That the Public/Traffic Safety Commission be required to review any plans
which could potentially affect traffic in the City;
· That the City adopt a proactive stance with regard to the traffic situation in the
City;
· To complete four to six lanes of traffic on Margarita Road from City limit to
City limit - eliminating all stop signs and installing traffic signals as warrants
and/or safety dictates;
· To complete four lanes of traffic on Ynez Road/De Portola Road from City
limit to City limit - eliminating all stop signs and installing traffic signals where
warrants and/or safety dictates;
· To expedite the building of the Overland Overpass and to quickly complete
the Jefferson Avenue Corridor Study and to take the necessary actions to
increase traffic flow and safety in that area - with the exception of the
Overland Drive Overpass and perhaps the widening of Ynez Road (south of
Oscar's), noting that these improvements are relatively low-cost
improvements.
CITY COUNCIL REPORTS
A. Councilman Comerchero advised that the Cultural Arts Master Plan Committee has
reviewed the first draft and has forwarded comments to the consultant for additional information.
Concurring with Mr. Perry's comment for the City to take a more proactive stance,
Councilman Comerchero commended Mr. Perry for his service to the Public/Traffic Safety
Commission.
B. Mayor Pro Tem Ford thanked staff and all the volunteers for their efforts and hard work
associated with Make-A-Difference Day on Saturday, October 24, 1998.
3
Concurring with Mr. Perry's comments, Mayor Pro Tem Ford as well commended Mr.
Perry for his service to the Public/Traffic Safety Commission.
C. In light of all the on-going and upcoming improvements, Councilman Stone, although
concurring with the majority of Mr. Perry's comments, noted that the City has been and will
continue to take a proactive approach with regard to traffic issues.
D. Councilman Lindemans expressed appreciation to Mr. Perry for his commitment to the
Public/Traffic Safety Commission and requested that Public Works Director Kicak agendize Mr.
Perry's concerns at a future workshop meeting.
E. Mayor Roberrs thanked the third and fourth graders from the Learning Center for their
recent visit to City Hall.
Having attended the October 14, 1998, Riverside County Transporttation Committee
meeting, Mayor Roberts commented on how recent SB 45 funding will further pdoritize City
improvements.
CONSENT CALENDAR
1 Standard Ordinance Adoption Procedure
RECOMMENDATON:
1.1
Motion to waive the reading of the text of'all ordinances and resolutions included
in the agenda.
2
Resolution Approvin.cl List of Demands
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. 98-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ALLOWING CERTAIN CLAIMS AND
DEMANDS AS SET FORTH IN EXHIBIT A
3 City of Temecula - Riverside County Library Agreement
RECOMMENDATION:
3.1
Execute an agreement with the County of Riverside regarding the disposition
of the Temecula Library upon the payment to the City of Murrieta a sum of
approximately $240,000 in library mitigation fees.
4
4
Completion and Acceptance of the Traffic Signal Installation at Rancho California
Road at Meadows Parkway- Project No. PW97-23
RECOMMENDATION:
4.1 File Notice of Completion, release the Performance Bond, and accept a one-
year (1) Maintenance Bond in the amount of 10% of the contract;
4.2 Release the Materials and Labor Bond seven (7) months after filing of the
Notice of Completion if no liens have been filed.
Foundations and Masonry Contract for the Old Town Entry Archways - Proiect No.
PW97-05
RECOMMENDATION:
5.1
Award a contract for the foundations and masonry work for the Old Town
Gateway Arch entry monuments to Larry Donald Masonry, Winchester,
California, in the amount of $68,000.00 and authorize the Mayor to execute
the contract;
5.2
Authorize the City Manager to approve change orders not to exceed the
contingency amount of $6,800.00, which is equal to 10% of the
recommended agreement amount.
Councilman Stone abstained with regard to this issue.
6
Overland Drive Freeway Overcrossin.q Improvements, Work Authorization
Agreement for the cost of Relocatin.q Southern California Edison Company (SCE)
Transmission and Distribution Overhead Facilities - Project No. PW95-11
RECOMMENDATION:
6.1
Approve the Interagency Agreement with Southern California Edison
Company (SCE) for relocating overhead facilities for the Ovedand Drive
Freeway Overcrossing - Project No. PW95-11 - and authorize the Mayor to
execute documents;
6.2 Authorize payment to SCE for facilities relocations in the amount of
$770,843.98.
7
Authorization to Solicit for Construction Bids for the Promenade Mall Improvements
for Ynez Road - Winchester Road to Overland Ddve and Winchester Road - Ynez
Road to Mar.clarita Road - Project No. PW97-06
RECOMMENDATION:
7.1
Approve the plans and specifications and authorize the Department of Public
Works to solicit for construction bids for the Promenade Mall Improvements
for Ynez Road - Winchester Road to Overland Drive and Winchester Road -
Ynez Road to Margarita Road - Project No. PW97-06.
8 Consent to Record an Irrevocable Grant of Easement for Lot 40 of Tract 3334
RECOMMENDATION:
8.1 Adopt a resolution entitled:
RESOLUTION NO. 98-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA CONSENTING TO THE RECORDATION
OF AN IRREVOCABLE OFFER OF DEDICATION OF
GRANT OF EASEMENT FOR DRAINAGE PURPOSES
FOR LOT 40 OF TRACT 3334 FOR PURPOSES OF
RECORDATION BUT NOT ACCEPTING THIS
DEDICATION AT THIS TIME
9
10
Tract Map No. 28553-1
Mar.cladta Road)
(located south of North General Keamev Road along
RECOMMENDATION:
9.1 Approve Tract Map No. 28553-1 in conformance with the Conditions of
Approval;
9.2 Approve the Subdivision Improvement Agreement;
9.3 Approve the Subdivision Monument Agreement and accept the Faithful
Performance Bond, Labor and Material Bond and Monument Bond as
security for the agreements.
Release Labor and Materials security for Public Improvements in Parcel Map No.
24085-1 (located northwesterly of the intersection of Diaz Road and Zevo Drive -
Avenida de Ventas)
RECOMMENDATION:
10. 1 Authorize release of the Labor and Materials security for public
improvements in Parcel Map No. 24085-1;
6
0.2 Direct the City Clerk to so advise the developer and surety.
11 Tract Map No. 28503 ('located adjacent to and east of Rancho Elementan/School
north of La Serena Way between Meadows Parkway and Butterfield Stage Road
RECOMMENDATION:
11.1 Approve Tract Map No. 28503 in conformance with the Conditions of
Approval;
11.2 Approve the Subdivision Improvement Agreement;
11.3
Approve the Subdivision Monument Agreement and accept the Faithful
Performance Bond, Labor and Material Bond, and Monument Bond as
security for the agreements.
12 Construction Contract for the Completion of the Temecula Museum Building
RECOMMENDATION:
12.1 Adopt a resolution entitled:
RESOLUTION NO. 98-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING A CONSTRUCTION
SERVICES AGREEMENT WITH PACITTO
CONSTRUCTION IN AN AMOUNT OF $212,275.06 FOR
THE COMPLETION OF THE MUSEUM BUILDING AT
SAM HICKS PARK AND MAKING FINDINGS IN
CONNECTION THEREWITH
12.2 Approve a 10% contingency in the amount of $21,227.51;
12.3 Appropriate $143,532.00 to Capital Improvement Fund 210-190-808-5804
from General Fund reserves for the completion of the project.
Councilman Stone abstained with regard to this issue.
13 Second Reading of Ordinance No. 98-19
RECOMMENDATION:
13.1 Adopt an Ordinance entitled:
7
ORDINANCE NO. 98-19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA PROVIDING FOR THE ZONING
REGULATION AND LICENSING OF ADULT
BUSINESSES AND MAKING FINDINGS IN
CONNECTION WITH THE NEED FOR SUCH
REGULATIONS
14 Second Reading of Ordinance No. 98-20
RECOMMENDATION:
14.1 Adopt an Ordinance entitled:
ORDINANCE NO. 98-20
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, AMENDING SECTIONS 15.04 AND
15.16 FOR THE PURPOSE OF RECONCILING
PREMISES IDENTIFICATION STANDARDS AND
ESTABLISHING PREMISES IDENTIFICATION
STANDARDS WITHIN THE TOURIST RETAIL CORE OF
THE OLD TOWN SPECIFIC PLAN
With regard to Consent Calendar Item Nos. 6 and 7, Mayor Pro Tem Ford suggested
that these contracts be incentive contracts to ensure that all work is completed at the
proper time.
MOTION: Councilman Stone moved to approve Consent Calendar Item Nos. I - 14.
The was seconded by Councilman Comerchero and voice vote reflected unanimous
approval with Councilman Stone abstaining with regard to Item Nos. 5 and 12.
At 8:01 P.M., Mayor Roberts called a short recess. At 8:17 P.M. the City Council
convened as the Temecula Community Services District and the Temecula
Redevelopment Agency. At 8:21 P.M., the City Council resumed with regularly scheduled
City Council business.
COUNCIL BUSINESS
15
Contract Agreement for Walkway Construction to Nicolas Valley Elementan/School
between the City of Temecula, Riverside County Economic Development Agency,
and the Temecula Valley Unified School District
RECOMMENDATION:
15.1 Approve and authorize the Mayor to sign the agreement after review and
approval by the City Attorney;
8
15.2 Appropriate from the General Fund Reserves $29,000.00 for the City's
portion of the walkway constructions costs;
15.3 Authorize payment of one-third (1/3) of the construction cost not to exceed
$29,000.00 for the walkway construction.
Reviewing the staff report (of record), Public Works Director Kicak advised that although
the School District has taken no action with regard to this issue, the County Board of
Supervisors have approved it. It was requested by the City Council that a letter be sent
to School District requesting that this matter be agendized to ensure the matter could be
resolved in a timely fashion.
Councilman Lindemans suggested that a letter be sent to Mr. Bob Lopshire, thanking
him for readdressing this issue with the Council and to apprise him of the Council's
action.
If approved by the School District, Public Works Director Kicak advised that once the bid
is awarded, the project should be completed within a three-month period. Mayor
Roberts noted that this timeframe would be unacceptable.
MOTION: Councilman Lindemans moved to approve staff recommendation with the
addition that a letter be sent to Mr. Bob Lopshire and to the School Board requesting that
this matter be expedited. The motion was seconded by Councilman Stone and voice
vote reflected unanimous approval.
16 1998-99 Community Service Funding Request Recommendations
RECOMMENDATION:
16.1
Review and approve the 1998-99 Community Service Funding requests per
the table outlining the committee's recommendations to 25 organizations
totaling $81,200.
Councilman Stone advised that he would be abstaining with regard to Escondido
Community Health Center and Mayor Roberts noted that he would be abstaining with
regard to Alternative to Domestic Violence.
Finance Director Roberts presented the staff report (as per agenda material); briefly
received the proposed funding recommendations; and advised that the Committee is
recommending that the remaining balance of the Community Services Funding Budget
of $73,800 be made available for a Spring funding application process. Although the
City, in the past, has not had two application processes, Ms. Roberts advised that by
doing so, it would enable those organization that did not have the opportunity to apply for
this funding process.
Councilman Comerchero briefly reviewed the funding review process.
Commenting on the difficulty of making these funding recommendations, Councilman
Lindemans commended Councilmembers Comerchero and Stone on a job well done.
9
MOTION: Councilman Lindemans moved to approve the staff recommendation with the
modification of a second funding phase in the Spring. The motion was seconded by
Mayor Pro Tern Ford and voice vote reflected unanimous approval with the exception of
Mayor Roberrs who abstained with regard to Alternatives to Domestic Violence and
Councilman Stone who abstained with regard to Escortdido Community Health Center.
17 RedhawkA/ail Ranch Annexation
RECOMMENDATION:
17.1 Oral report from staff on status of annexation process, concerns of taxing
entities, and revisions to public hearing schedules.
Mayor Pro Tem Ford noted that he would be abstaining with regard to this issue.
Community Development Director Thornhill provided a status report with regard to the
proposed RedhawkA/ail Ranch annexation; advised that at the October 22, 1998, LAFCO
meeting, several issues could not be resolved which resulted in a continuance to December
10, 1998; and noted that due to this continuation, the November 30, 1998, City Council
meeting with regard to annexation will be canceled and that this continuation will postpone
the targeted election date of March 1999 to June and possibly to November 1999. Mr.
Thornhill noted that staff will explore the possibility of splitting the vote between Vail Ranch
and Redhawk and that staff will work with the County with regard to maintenance and
operations associated with the Vail Ranch buildings and Assessment District No. 159.
City Attorney Thorson advised that the City does not have the authority to call for the Tax
Election or to hold a protest hearing on the annexation until LAFCO has adopted the
resolution approving the annexation.
Mr. Thornhill noted that a letter will be sent to the residents, updating them of the situation.
It was the consensus of the City Council to receive and file this report with Mayor Pro Tem
Ford abstaining.
DEPARTMENTAL REPORTS
As per written material, no additional comments.
CITY MANAGER'S REPORT
No comments.
CITY ATTORNEY'S REPORT
City Attorney Thorson advised that the City Council has authorized him to join with
numerous other cities in California in supporting the position of the City of Los Angeles in
the case of Alameda vs. the City of Los Angeles, noting that this action will be at no cost
to the City. Mr. Thorson noted that the City Council also provided direction with regard
to litigation matters.
10
ADJOURNMENT
At 8:40 P.M., Mayor Roberts formally adjourned the City Council meeting to Tuesday,
November 10, 1998, at 7:00 P.M.
Ron Roberrs, Mayor
ATTEST:
Susan W. Jones,
[SEAL]
11