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HomeMy WebLinkAbout021197 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD FEBRUARY 11, 1997 EXECUTIVE SESSION A meeting of the City of Temecula City Council was called to order at 5:30 PM. It was duly moved and seconded to adjourn to Executive Session at 5:30 PM, pursuant to Government Code Sections: 1. §54956.8, Conference with Real Property Negotiator: City Property at Santiago and Ynez (APN 922-140-010); Under consideration: Property valuation. 2. §54956.9(c), Anticipated Litigation, one item. 3. §54956.9(c), City of Temecula v. Gabriel, et al. The motion was unanimously carried. City Attorney Peter Thorson asked the Council to consider adding four additional matters to the closed session based on the rule of subsequent need, since these matters had arisen after the publication and posting of the agenda. The first matter would be pursuant to §54956.9© anticipated litigation and the second matter would be pursuant to §54956.9© City of Temecula v. K.R. Palm Plaza. It was duly moved seconded and carried to add the two additional matters. The Executive Session was adjourned at 10:03 PM. A regular meeting of the Temecula City Council was called to order at 7:05 PM at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Mayor Birdsall presiding. PRESENT 5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall 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 and intermission music was provided by Katie Rubke. INVOCATION The invocation was given by Pastor W. M. Rench, Calvary Baptist Church of Temecula. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Stone. Minutes\O2/11/97 -1 - 02/26/97 Citv Council Minutes Februarv 11. 1997 PUBLIC COMMENTS Wayne Hall, 42131 Agena, Temecula, spoke on the need for volunteers for the American Red Cross and expressed his appreciation for the City's purchase of disaster shelter kits, which are maintained by Community Services. Thomas A. Langley, 32180 Calle Resaca, Temecula, representing the Community Recreation Center Building Foundation, spoke in support of Measure C. Jeff Comerchero, 41981 Avenida Vista Ladera, Temecula, spoke in support of Measure C. Melody Brunsting, 27403 Ynez, Suite 208, Temecula, representing the Community Recreation Center Building Foundation, spoke in support of Measure C. Bob Crowther, 41536 Yankee Run, Temecula, asked a number of questions regarding Measure C: The effect on property values? Mayor Birdsall replied if the quality of life is better, property values are also better. The impact to the current $60 participant fee? Shawn Nelson, Director of Community Services, replied if $2.4 million is lost, the City will look at where to make up that difference and fees presently charged are substantially less than the base standard rate. The continuance of the commercial/industrial property subsidy? Councilmember Stone answered the assessment of residential/commercial/industrial properties will not continue if Measure C does not pass and fees could increase in excess of $200 per year. O Cuts proposed if the Measure does not pass? Councilmember Stone stated his personal view is the Council will make difficult cuts rather than embark on deficit spending. CITY ATTORNEY REPORT City Attorney Thorson stated in accordance with the Brown Act, there was nothing to report from Closed Session. CITY COUNCIL REPORTS Councilmember Ford reported the Riverside County Board of Supervisors has approved Murrieta Creek as the Number I priority in Zone 7, to eliminate flooding in the Temecula/Murrieta area. He stated this approval allows pursuit of federal funding for a reconnaissance study. Councilmember Ford invited everyone to attend the 11th Annual Rod Run to be held February 14, 15 and 16 in Old Town. Minutes\O2/11/97 ~2- 02/2,6/97 City Council Minutes February 11, 1997 Councilmember Roberts reported on the February 3, 1997 joint meeting of the Riverside County Transportation Commission, West Riverside Council of Governments, and Coachella Valley Association of Governments, which resulted in a committee, made up of three (3) officials from each organization, being formed to study three organizational options. Under consideration are: 1) expand RCTC and get more city representation; 2) expand RCTC and merge with WRCOG to make it a transportation agency and COG with transportation issues; or 3) expand RCTC with Coachella Valley Association of Governments being a separate transportation agency in addition to a COG as SANBAG has their own desert transportation issues and RCTC would then make their own decisions. Councilmember Roberts mentioned he had received notification from Ron Bates, California League of Cities, of his appointment to the National League of Cities Transportation and Communication Policy Commission, which makes policy on transportation and communication issues for all 50 states. Councilmember Stone reported the Chairman of HCA requested Member City Councils to maintain their representatives to the Board for consistency, and Councilmember Ford is Temecula's representative. Councilmember Stone mentioned he will participate in a Measure C debate on Thursday, February 13, 1997, 7:00 PM, Temecula Middle School with Phil Hoxey representing the opposition. Councilmember Stone reported the City's skate park and roller blade hockey arena received the Facilities Design of Excellence Award given by the California Parks and Recreation Society,and the 1996 Winter/Spring City Recreational brochure won the Award of Excellence. He thanked Shawn Nelson and his staff for their hard work. CONSENT CALENDAR Mayor Birdsall announced Item No. 9 is to be removed from the agenda at the request of the City Attorney. City Clerk Greek announced there was public comment on Item No. 16. Councilmember Ford clarified Item No. 7, under FISCAL IMPACT, should read "The Agency's current obligations...", and in the exhibit "Summary of Costs Incurred To Date", the Total should read $2,320,469 with a cap of $3,938,727. Councilmember Ford stated Items 10 and 11 are for interim traffic signals until the road widening is completed. Councilmember Stone abstained on Items 16 and 17 due to property ownership. Minutes\02/11/97 -3- 02/26/97 City Council Minutes February 11, 1997 Councilmember Roberts abstained on Item No. 19 due to a conflict of interest. He thanked the Public Works Department and the Traffic/Safety Commission for their promptness in getting Item 13 on the agenda. It was moved by Councilmember Lindemans, seconded by Councilmember Stone, to approve Consent Calendar Items 1 thru 8, 10 thru 15, and 17 thru 19. The motion carried as follows: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall None None Standard Ordinance Adoption Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Resolution Approving List of Demands 2.1 Adopt a resolution entitled: RESOLUTION NO, 97-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Report as of December 31.1996 3.1 Receive and file the City Treasurer's Report as of December 31, 1996. Property Insurance Renewal 4.1 Approve the City of Temecula Property Insurance Policy renewal with Reliance Insurance Company and Pacific Insurance Company, Ltd./Agricultural Insurance for the period of February 26, 1997 through February 26, 1998, in the amount of $73,376. 4.2 Appropriate $15,000 from the Insurance Internal Service Fund Retained Earnings to the Property Insurance Account. Minutes\02/11/97 -4- 02/26/97 Citv Council Minutes Februarv 11. 1997 Records Destruction Approval 5.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. Authorize Reduction in Bond Amounts for Tract No. ?3304 6.1 Accept the improvements completed pursuant to the Subdivision Agreement for Tract Map 23304. 6.2 Authorize the reduction of the Faithful Performance Bond to $26,575, and reduction of the Labor and Materials Bond to $25,000. 6.3 Authorize the City Manager to execute a Subdivision Improvement Agreement requiring the completion of the remaining required improvements (trees and streetlights), to be secured by the reduced bonds, and to take all other actions necessary to implement this approval. Approval of Cooperative Agreement with the Temecula Redevelopment Agency for Construction and Funding of Winchester Road at Interstate 15, Bridge Widening and Northbound Ramp Improvements (Project No. PW94-21) 7.1 Approve an agreement entitled "Cooperative Agreement between the City of Temecula and the Redevelopment Agency of the City of Temecula for construction and funding of Winchester Road at Interstate 15, Bridge Widening and Northbound Ramp Improvements (Project No. PW94-21)"; 7.2 Authorize the Mayor to execute the agreement on behalf of the City in substantially the form attached to the Agenda Report. Authorize Temporary Street Closure for Construction Purposes (De Portola Road from Meadows Parkway to Butterfield Stage Road) 8.1 Adopt a resolution entitled: RESOLUTION NO. 97-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR CONSTRUCTION PURPOSES ON DE PORTOLA ROAD FROM BUTTERFIELD STAGE ROAD TO MEADOWS PARKWAY, AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THESE SPECIFIC CONSTRUCTION CLOSURES Minutes\02/11/97 -5- 02/26/97 Citv Council Minutes Februarv 11, 1997 10 11. 12 13 Completion and Acceptance of the Traffic Signal at State Route 79 South and La Paz Street. Project No. PW95-13. 10.1 Accept the interim traffic signal at State Route 79 South and La Paz Street, Project No. PW95-13. 10.2 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. 10.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion if no liens have been filed. Completion and Acceptance of the Traffic Signal at State Route 79 South and Pala Road. Project No. PW95-14 11.1 Accept the interim traffic signal at State Route 79 South and Pala Road, Project No. PW95-14. 11.2 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. 11.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion if no liens have been filed. Completion and Acceptance of the Construction of FY96-97 Citywide A.C. Repairs, Project No. PW96-10 12.1 Accept the construction of FY96-97 Citywide A.C. Repairs, Project No. PW96- 10. 12.2 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. 12.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion if no liens have been filed. All-Way "Stop"- Via Norte at Del Rey Road and All-Way "Stop" - Via Norte at Calle Pina Colada 13.1 Adopt a resolution entitled: RESOLUTION NO. 97- 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING ALL-WAY "STOP" SIGN LOCATIONS ON VIA NORTE AT DEL REY ROAD AND ON VIA NORTE AT CALLE PINA COLADA Minutes\O2/11/97 -S- 02/26/97 City Council Minutes Februarv 11, 1997 14 Award of Professional Services Contract to Albert A. Webb Associates for the Design of the FY96-97 Pavement Management Project. Project No. PW96-15 14.1 Approve and authorize the Mayor to sign the Professional Services Agreement between the City of Temecula and Albert A. Webb Associates to provide Engineering Services for the design of the FY96-97 Pavement Management Project - Project No. PW96-15 for an amount not to exceed $45,125.00. 15 Award of Professional Services Contract to Berryman & Henigar for the Services of the Pavement Management System Up-date. Project No. PW96-13 15.1 Approve and authorize the Mayor to sign the Professional Services Agreement between the City of Temecula and Berryman & Henigar to provide Services for the Pavement Management System Up-date - Project No. PW96-13 for an amount not to exceed $30,460.00. 17 First Street Realignment and Extension Project 17.1 Adopt a resolution entitled: RESOLUTION NO. 97- 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THOSE CERTAIN AGREEMENTS ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" FOR ACQUISITION OF CERTAIN REAL PROPERTY (1) APPROXIMATELY +/- 1,064 SQUARE FEET OF A LARGER PARCEL LOCATED ON THE EAST SIDE OF FRONT STREET SOUTH OF SANTIAGO ROAD, TEMECULA, CALIFORNIA WITHIN ASSESSOR'S PARCEL 922- 091-003-4; AND (2) A TEMPORARY CONSTRUCTION EASEMENT OF APPROXIMATELY +/- 4,570 SQUARE FEET WITHIN A LARGER PARCEL LOCATED AT THE SOUTHEAST CORNER OF SANTIAGO AND FRONT STREETS, TEMECULA, CALIFORNIA WITHIN ASSESSOR'S PARCEL 922-091-003-4. 17.2 Authorize the appropriation of $12,321 from the General Fund to the Capital Improvement Fund to cover acquisition, escrow, soil testing, and closing costs for this portion of the first Street Realignment and Extension Project. 17.3 Authorize the Mayor to sign the Purchase and Sale Agreements and Escrow Instructions. SECOND READING OF ORDINANCES 18 Second Reading of Ordinance No. 97-01 Minutes\02/11/97 -7- 02~26~97 Citv Council Minutes February 11, 1997 19 16 18.1 Adopt an ordinance entitled: ORDINANCE NO. 97-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA96-0106 (ZONING AMENDMENT, SPECIFIC PLAN NO. 219) AMENDING PLANNING AREAS 1, 2, 6, 9, 14, 27, 28, 29, 36 AND 37 OF THE PALOMA DEL SOL SPECIFIC PLAN AND SPECIFIC PLAN ORDINANCE AND ADDING PLANNING AREA 38 TO THE PALOMA DEL SOL SPECIFIC PLAN AND SPECIFIC PLAN ORDINANCE, ON PROPERTY GENERALLY LOCATED NORTH OF SR79 SOUTH, EAST OF MARGARITA ROAD, SOUTH OF PAUBA ROAD AND WEST OF BUTTERFIELD STAGE ROAD AND KNOWN AS ASSESSOR'S PARCEL NUMBERS 950-O20-O01 THROUGH 950- 020-004, 950-020-009 THROUGH 950-020-025, 950-020-027, 950-020-029, 955- 030-002 THROUGH 955-030-004 AND 955-030-006 THROUGH 955-030-011 Second Reading of Ordinance No. 97-02 19.1 Adopt an ordinance entitled: ORDINANCE NO. 97-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA Acquisition of Gabriel Property (APN 922-010-018) - Proposed Resolution to Amend Resolution No. 96-143 City Attorney Thorson presented the staff report. Richard Gabriel, 16229 Sunset Trail, Riverside, owner of the property being acquired, objected to the proposed Resolution to Amend Resolution 96-143 and stated his objections to Parcels 2, 3, and 4 being taken. He asked the Council to withdraw or revoke Resolution 96-143 and to instruct staff to take only that portion of property actually needed for the realignment and extension of First Street. City Attorney Thorson replied it is staff's opinion this resolution of necessity is justified and staff will continue to negotiate with Mr. Gabriel to resolve their differences. Minutes\02/11/97 -8- 02/26/97 Citv Council Minutes February 11. 1997 It was moved by Councilmember Ford and seconded by Councilmember Lindemans, to: 16.1 Adopt a resolution entitled: RESOLUTION NO. 97-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING RESOLUTION NO. 96-143 (ACQUISITION OF CERTAIN REAL PROPERTY KNOWN AS THE GABRIEL PROPERTY -APN 922-010-018 FOR PUBLIC PURPOSES) and to add citation of an additional enabling statute, California Code of Civil Procedure Section 1240.410. 16.2 Direct the City Attorney to amend the Complaint in Eminent Domain in accordance with said resolution amending Resolution 96-143. The motion was carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Ford, Roberts, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Stone RECESS Mayor Birdsall called a recess at 8:05 P.M. to accommodate the scheduled Community Services District Meeting, Redevelopment Agency Meeting and Old Town/Westside Community Facilities District Financing Authority Meeting. The meeting was reconvened at 8:22 PM. COUNCIL BUSINESS 20. Budget Line Item for the Arts Assistant City Manager Mary Jane McLarney presented the staff report. Councilmember Ford stated the item, along with other budgetary items, should be deferred until Measure C has been decided. Minutes\02/11/97 -9- 02/26/97 City Council Minutes February 11, !997 Councilmember Stone agreed with Councilmember Ford and asked staff to bring Community Services District funding back at the same time. 20.1 Provide direction to staff concerning a budget item for the Arts. 21 Oral Report by Councilmember Roberts on Joint Workshop of the Temecula City Council and the Pechanga Tribal Council. held on February 5. 1997 Councilmember Roberts reported the first joint meeting occurred February 5, 1997 and it was agreed to form a short-term ad hoc subcommittee consisting of two members from each council (he and Councilmember Ford are the City Council's representatives). It was agreed to meet on a regular basis -- probably monthly -- with representatives of the homeowners associations in the casino area and with Mr. Espinoza's group to exchange information and to provide updates on the progress of the subcommittee's actions. Councilmember Roberts stated issues such as berm, walls, lights, drainage, traffic, etc will be addressed. Councilmember Stone mentioned a list of concerns will be compiled and the issue will be on the next Council meeting agenda to give citizens an opportunity to present any other issues. DEPARTMENTAL REPORTS None given. CITY MANAGER'S REPORT None give. ADJOURNMENT It was moved by Councilmember Roberts, and seconded by Councilmember Stone, to adjourn to closed Executive Session at 8:32 PM. The Executive Session was adjourned at 10:03 PM with no announcements required by the City Attorney. Next regular meeting: February 25, 1997, 7:00 P.M., City Council Chambers, 43200 Business P~,Drive, Temecula, California. Patricia H. Birdsall, Mayor ATTEST: JL~~reek, CMC, City Clerk Minutes\02/11197 -1 O- 02~26~97