HomeMy WebLinkAbout022597 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
HELD FEBRUARY 25, 1997
EXECUTIVF SI=SSION
A meeting of the City of Temecula City Council was called to order at 5:40 PM. It was moved
by Councilmember Roberts, seconded by Councilmember Lindemans to adjourn to Executive
Session at 5:40 PM, pursuant to Government Code Sections:
1. §54957, Performance Evaluation for City Manager.
2. §54956.8(a), Conference with Legal Counsel - Existing Litigation City of Temecula vs. K.R.
Palm Plaza.
3. § 4956.8, Conference with Real Property Negotiator; Property: 41915 Business Park Drive;
Negotiating Parties: Redevelopment Agency of the City of Temecula and International Rectifier;
Under negotiation: Terms and conditions of an Owner Participation Agreement.
4. §54956.8, Conference with Real Property Negotiator: Property: 550 acres bounded Westerly
by I-1 5, Northerly by the City of Murrieta, Easterly by Margarita Road and Southerly by
Highland Business Park and Ynez Road Extension; Negotiating Parties: City of Temecula and
Stephen Bieri; Under negotiation: Price and terms of acquisition.
The motion was unanimously carried. The Executive Session was adjourned at 7:13 PM.
A regular meeting of the Temecula City Council was called to order at 7:22 PM at the City
Council Chambers, 43200 Business Park Drive, Temecula, California. Mayor Birdsall presiding.
PRESENT 5 COUNCILMEMBERS: Ford, Linderoans, 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 Tracy Milner.
INVOCATION
The invocation was given by Pastor Jeremy Swizek, World Harvest Outreach.
PLEDGE OF ALLEGIANCE
The audience was led in the flag salute by Councilmember Ford.
CITY ATTORNEY REPORT
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City Attorney Thorson stated in accordance with the Brown Act, there was nothing to report
from Closed Session.
PUBLIC COMMENTS
Joan Sparkman, encouraged all Temecula residents to vote "yes" on Measure C on March 4,
1997.
ITEM ADDED TO AGENDA BASED ON SUBSEQUENT NEED
Parcel MaD No. 76737-?. Located at the Southeast Corner of Winchester Road and Nicolas
Road
It was moved by Councilmember Stone, seconded by Councilmember Lindemans to add
approval of Parcel Map No. 26232-2, located at the Southeast Corner of Winchester Road and
Nicolas Road to the agenda, based on a finding of subsequent need. The motion was
unanimously carried. Mayor Birdsall announced the item would be added to regular Council
Business as item 20(a).
CITY COUNCIL REPORTS
Councilmember Stone requested the Public Works Department investigate safety issues on
Pauba Road, suggesting safety rails on certain steep embankments. He also reported on the
ERACIT program, regarding the sale of alcohol. He announced those businesses that have
received a "first strike", or first offense, for selling alcohol to minors. He also reported those
businesses that have received a clean record, and thanked them for their efforts.
Councilmember Stone thanked Mayor Birdsall for addressing concerns of Girl Scouts, who were
disallowed from selling Girl Scout Cookies at the Target Center, and thanked those shopping
centers that support the values of the Girl Scout Program and other non-profit agencies.
Councilmember Stone announced that Shawn Nelson's daughter was involved in very severe
accident, involving a drunk driver, and explained that although she was very seriously injured,
she is expected to make a full recovery.
Councilmember Roberts requested that staff schedule a meeting with the General Manager of
TCI, to express the concerns of City residents over decreased quality of cable service in
Temecula.
Councilmember Ford, as a member of the Murrieta Creek Coalition, reported final documentation
has been received that Murrieta Creek has been designated Zone 7, highest priority, and Federal
Funding can now be pursued.
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Councilmember Lindemans requested staff time to investigate funding sources to assist the RTA
in creating a workable transit system. Councilmember Stone requested that this be placed on
the agenda for further discussion.
Mayor Birdsall thanked the public on behalf of Mr. and Mrs. Shawn Nelson, for all their
support, cards and flowers, sent to their daughter Jennifer, at Loma Linda Hospital. She
reported that Jennifer continues to progress well.
Councilmember Ford reported that Commissioner Rich Soltysiak and his daughter Amie, also
injured in this accident, are both at home and wish to thank the citizens of Temecula for their
prayers and support.
CONSENT CALENDAR
City Clerk June Greek announced a request to speak on Item No. 9. Councilmember Lindemans
requested the removal of Item No. 14 from the Consent Calendar for further discussion.
Councilmember Stone requested the removal of Item No. 12 from the Consent Calendar.
It was moved by Councilmember Stone, seconded by Councilmember Ford to approve Consent
Calendar Items 1-8, 10, 11, 13, 15 and 16.
The motion carried as follows:
AYES: 5
NOES:
ABSENT:
COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 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.
Minutes
2.1 Approve the minutes of January 28, 1997.
2.2 Approve the minutes of February 11, 1997.
3. Resolution Approving List of Demands
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3.1 Adopt a resolution entitled:
RESOLUTION NO. 97-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING
CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
Local Agency/State Master Agreement for Federal Aid Projects Reflecting the New
Provisions of the Intermodal Surface Transportation Efficiency Act (ISTEA) and the
Reengineered Local Assistance Procedures
4.1 Adopt a resolution entitled:
RESOLUTION NO. 97-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THE NEW LOCAL AGENCY/STATE MASTER AGREEMENT NO. 08-
5459, BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE
CITY OF TEMECULA TO ESTABLISH FEDERAL FUNDING PROVISIONS IN
COMPLIANCE WITH THE NEW PROVISIONS OF THE INTERMODAL SURFACE
TRANSPORTATION EFFICIENCY ACT (ISTEA) AND THE REENGINEERED LOCAL
ASSISTANT PROCEDURES
Program Supplement No. 004 to the Local Agency/State Agreement for Federal Aid for
Replacement of Traffic Signal Controller on Rancho California Road at Front Street
5.1 Adopt a resolution entitled:
RESOLUTION NO. 97-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 004, TO LOCAL
AGENCY/STATE AGREEMENT NO. 08-5459, BETWEEN THE STATE
DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR
STATE PROJECT NUMBER ER-2429(002), REPLACEMENT OF TRAFFIC SIGNAL
CONTROLLER ON RANCHO CALIFORNIA ROAD AT FRONT STREET
o
Completion and Acceptance of the Traffic Signal at Rancho California Road and Cosmic
Drive/Humber Drive, Project No. PW96-08
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6.1
Accept the traffic signal at Rancho California Road and Cosmic Drive/Humber
Drive, Project No. PW96-08;
6.2
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;
6.3
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 Interconnect Conduit Installation,
Project No. PW95-16. Phase I
7.1
Accept the traffic signal interconnect conduit installation, Project No. PW95-16,
Phase I;
7.2
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;
7.3
Release the Materials and Labor Bond seven (7) months after filing of the Notice
of Completion if no liens have been filed.
Accept Subdivision Monumentation in Tract No. 27716-4 (Northeasterly of Intersection
of Meadows Parkway at Rancho Vista Road
8.1 Accept the Subdivision Monumentation in Tract No. 22716-4;
8.2 Authorize release of the Subdivision Monumentation Bond;
8.3 Direct the City Clerk to so advise the several Developers and Surety.
10.
Temecula Creek Channel Meadows Greenbelt Lateral Project No. 7-0-0044 Tract No.
74187 and Tract No. :24188 Cooperative Agreement
10.1
Approve Temecula Creek Channel Meadows Greenbelt Lateral Project No. 7-0-
0044 Tract No. 24187 and Tract No. 24188 Cooperative Agreement with the
Riverside County Flood Control and Water Conservation District and the Newland
Associates, Inc.;
10.2 Authorize the execution and attestation of such agreement in its final form by
the City Manager and City Clerk.
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11.
Contract Change Order No. 1. Installation of Conduit on Rancho California Road Bridge
at I-15. Project No. PW95-16A
11.1 Approve Contract Change Order No. 1 for the installation of additional conduit
on Rancho California Road, Project No. PW95-16A in the amount of $9,712.50.
11.2 Appropriate funds in the amount of $8,043.70 from the Development Impact
Fees to the Capital Improvement Account No. 210-165-640-5804.
13.
15.
Amendment to Staffing Services Agreement (E.S.I.)
13.1
Approve a Third Amendment to the Staffing Service Agreement with
Employment Services, Inc. (E.S.I.), extending the terms of said Agreement to
February 25, 1998, with an option to extend the Agreement for an additional
(12) month period.
Records Destruction Approval
15.1 Approve the scheduled destruction of certain City records in accordance with the
City of Temecula approved Records Retention Policy.
16.
Apl~ropriation of Grant Funds
16.1 Appropriate $97,393.00 to purchase equipment for Police Department Use.
"No Parking" Zone on Mira Loma Drive
Public Works Director Joe Kicak presented the staff report.
Councilmember Roberts asked what the posted speed limit is on Mira Loma Drive.
Public Works Director Kicak stated there is no speed limit posted on Mira Loma Drive at
this time, and a speed survey would need to be done in order to post this street.
Lieutenant Jim Domonoe clarified, in the absence of a posted speed limit, 55 mph is the
assumed allowable speed by law.
Councilmember Stone suggested bringing this issue before the State Legislature, asking
that a bill be sponsored to obtain "home rule" for posting of speed limits within City
limits.
Robert Oder, 29911 Mira Loma Drive, requested that the speed limit be addressed as
soon as possible, stating cars travel down the hill at a high speed, directly in front of a
large apartment complex and a pre-school.
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City Council Minutes Februarv 2.5. 1997
12
Mayor Birdsall requested that "Drive Slow Children Present" signs be posted
immediately.
It was moved by Councilmember Lindemans, seconded by Councilmember Stone to
approve staff recommendation with additional direction to staff to check to make sure
both schools are posted for school zone speed limits and to conduct a speed survey as
soon as possible. It was also directed that staff post "Drive Slow - Children Present"
signs on Mira Loma Drive.
9.1 Adopt a resolution entitled:
RESOLUTION NO. 97-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ESTABLISHING A "NO PARKING" ZONE ON MIRA LOMA DRIVE AS SHOWN ON
EXHIBIT "A"
The motion was unanimously carried.
Professional Services Agreement for In-house Plan Review Services
Councilmember Stone stated he supports the addition of a staff member in this position,
however, he feels that the $50,000 credit with Willdan should be used before
considering whether further business with this company is warranted.
Chief Building Official Tony Elmo, explained that this is a negotiated rate to perform
these services, and would allow the City to extend the amount of hours this consultant
would be available.
Ron Espalin, Division Manager of Willdan and Associates, explained that the $53.00/hr
is a negotiated fee, based on the impact of the payback being spread over a longer
period of time. He stated the customary fee is $73.00/hr for plan review. He said if the
proposed arrangement is not agreeable to the Council, this rate needs to be re-
negotiated.
Councilmember Stone stated he feels that prior to negotiating any future business, the
$50,000 credit needs to be expended.
It was moved by Councilmember Stone, seconded by Councilmember Ford to approve
staff recommendation with a change in Exhibit "B" Payment Schedule to read:
"Compensation...shall be at the rate of $55.00 per hour up to such time as the City has
expended a $50,000.00 credit currently existing with Willdan Associates.
The motion carried as follows:
AYES: 4 COUNCILMEMBERS:
Ford, Lindemans, Roberts,
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City Council Minutes February 2.5. 1997
NOES: 1
ABSENT: 0
COUNCILMEMBERS:
COUNCILMEMBERS:
Stone
Birdsall
None
14 Fire Protection Agreement for Fiscal Year 1996/97
Councilmember Lindemans questioned the indemnification clause in this agreement.
City Attorney Thorson stated this is the indemnification clause style the County of
Riverside uses, and in answer to his question, it is stated on Page 4, Subsection B, the
County shall indemnify and hold the City , its officers, agency, employees and
independent contractors free and harmless ....
It was moved by Councilmember Lindemarts, seconded by Councilmember Stone to
approve staff recommendation as follows:
14.1
Approve the Fire Protection Agreement for Fiscal Year 1996-97 and authorize the
Mayor and City Clerk to execute the agreement, final form to be approved by the
City Manager and City Attorney.
The motion was unanimously carried.
RECESS
Mayor Birdsall called a recess at 8:30 PM to accommodate the scheduled Community Services
District, Redevelopment Agency, Old Town/Westside Community Facilities District Financing
Authority and Old Town/Westside Improvement Authority Meetings. The meeting was
reconvened at 8:45 PM.
PUBLIC HEARINGS
17.
Development Code Amendment No. 2
(Continued from the Meeting of 1/28/97)
Senior Planner Dave Hogan presented the staff report.
Councilmember Roberts requested clarification on definition of schools. He asked if
religious institutions with afternoon and evening classes would be included.
Senior Planner Dave Hogan answered that religious institutions would be allowed in all
zones through a Conditional Use Permit. He further clarified adult schools would not be
included in this amendment.
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City Council Minutes February 25, 1997
Mayor Birdsall opened the public hearing at 8:50 PM. Hearing no requests to speak,
Mayor Birdsall closed the public hearing at 8:50 PM.
It was moved by Councilmember Lindemans, seconded by Councilmember Ford to
approve staff recommendation as follows:
17.1 Read by title only and introduce an ordinance entitled:
ORDINANCE NO. 97-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING CHAPTER 17 OF THE TENIECULA MUNICIPAL CODE TO MAKE
CHANGES TO TABLE 17.08(a) OF THE DEVELOPMENT CODE
The motion was unanimously carried.
18. Community Design Guidelines
Community Development Director Gary Thornhill introduced Senior Planner Dave Hogan
and Mark Broder of Urban Design Studio. Senior Planner Hogan, outlined steps taken
to develop the Community Design Guidelines. Mark Broder, of Urban Design Studio,
outlined the Community Design Guidelines and explained the philosophy used in
developing these guidelines.
Mayor Birdsall opened the public hearing at 9:21. Hearing no requests to speak, Mayor
Birdsall closed the public hearing at 9:21.
RECESS
Mayor Birdsall called a brief recess at 9:21 PM to change the tape. The meeting was
reconvened at 9:22 PM.
Councilmember Ford asked that Section D be modified to conform with the upcoming sign
ordinance.
It was moved by Councilmember Stone, seconded by Councilmember Ford to approve staff
recommendation, with a correction to Page 111-28 to delete the first sentence and add it to
subsection "D".
18.1 Adopt a resolution entitled:
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City Council Minutes February 25. 1997
RESOLUTION NO. 97-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING COMMUNITY DESIGN GUIDELINES AND AUTHORIZING THEIR USE
The motion was unanimously carried.
19.
Planning Application No. 97-0047, Development Code Amendment and Planning
Application No. PA97-0016, Old Town Specific Plan Amendment, Fortune Telling
Councilmember Stone announced a conflict of interest, based on property ownership in
Old Town, and stepped down from the dias.
Councilmember Lindemans announced a conflict of interest, based on religious
convictions and stepped down from the dias.
Community Development Director Gary Thornhill presented the staff report.
Mayor Birdsall opened the public hearing at 9:32 PM
Gary Simon, 33009 Tulley Rancho Road, addressed the City Council requesting fortune
telling and spiritualism be disallowed in the City of Temecula. He requested this item
be continued for six months to research the effects of these types of businesses on a
community.
Mayor Birdsall closed the public hearing at 9:39 PM.
Councilmember Roberts asked if there is a definition of the differences between
spiritualism and fortune telling. City Attorney Thorson stated he is not aware of any
cases that draw distinctions between the two. He explained that this is a land use
ordinance, and adoption does not condone these activities. He stated the State
Supreme Court has ruled that Fortune Telling, Spiritualism, etc. is protected under the
First Amendment , and may not be regulated through a land use ordinance. He
explained other codes protect against theft and other problems that may be associated
with these activities.
It was moved by Councilmember Ford, seconded by Mayor Birdsall to approve staff
recommendation as follows:
19.1 Read by title only and introduce an ordinance entitled:
ORDINANCE NO, 97-
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Citv Council Minutes Februarv 25. 1997
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE AND THE OLD
TOWN SPECIFIC PLAN TO MAKE CHANGES TO TABLE 17.08(a} OF THE
DEVELOPMENT CODE AND TABLE I OF THE OLD TOWN SPECIFIC PLAN TO
ALLOW "FORTUNE TELLING, SPIRITUALISM, OR SIMILAR ACTIVITY" AS
PERMITTED USES RATHER THAN CONDITIONALLY PERMITTED USES
19.2 Read by title only and introduce an ordinance entitled:
ORDINANCE NO. 97-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING SECTION 5.04.050 (63) THE TEMECULA MUNICIPAL CODE TO
DELETE THE REQUIREMENT FOR A SPECIAL PERMIT FOR FORTUNE TELLING
AND RELATED PRACTICES
The motion failed as follows:
AYES: 2 COUNCILMEMBERS: Ford, Birdsall
NOES: 1 COUNCILM EMBERS: Roberts
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 1
COUNCILMEMBERS:
Linderoans, Stone
COUNCIL BUSINESS
20. Citizen Opinion Survey
City Manager Bradley introduced Dr. Estaban Sedanto, of The Resource Group who
presented the results of City of Temecula residents views on issues and services relating
to police, fire, parks, recreation, traffic, land use, economic development, public
facilities and infrastructure and numerous quality of life issues. He reported that
residents ranked the overall quality of life in Temecula very high.
It was moved by Councilmember Roberts, seconded by Councilmember Lindemans to
extend the meeting to 10:30 PM. The motion was unanimously carried.
Mayor Birdsall ordered the report received and filed.
20 (a) Parcel Map No. 26232-2. Located at the Southeast Corner of Winchester Road and
Nicolas Road
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City Council Minutes February 25, 1997
Public Works Director Joe Kicak presented the staff report.
It was moved by Councilmember Lindemans, seconded by Councilmember Stone to
approve staff recommendation as follows:
20a.1 Find by 4/5 vote that there exists a subsequent need to act on approval of final
Parcel Map No. 26232-2;
20a.2 Approve Parcel Map 26232-2, subject to Conditions of Approval.
The motion was unanimously carried.
21.
Discussion of Mutual Concerns Regarding the Pechanga Casino
Councilmember Stone stated this item was placed on the agenda to give residents a
forum to express their concerns.
Dan Belling, 31004 El Osito, stated his main concern is the open space recently
purchased by the Pechanga Tribal Council and what their future plans are for this area.
He asked who has jurisdiction over this property.
City Manager Bradley answered if the Pechanga Tribal Council purchases property and
registers it correctly, it becomes part of the tribal lands, over which the City has no
jurisdiction.
Mr. Belling also stated he believes the creek running through this property is a part of
the Pechanga River which is a free-flowing waterway and asked what contamination
rules are for this waterway. Mayor Birdsall requested that staff look into the status of
the Pechanga Creek as a free-flowing waterway and check the provisions of the Clean
Water Act as to allowable run-off from the tribal properties into that waterway.
Councilmember Roberts gave a brief update since the Joint Meeting with the City
Council and the Pechanga Tribal Council, and stated the Subcommittee has not yet met.
He reported this meeting is scheduled in two weeks and he will report back to the
Council after that meeting occurs. He stated he has received concerns in written form
from various homeowners' associations and Paul Espinoza, and those concerns will be
addressed.
CITY MANAGER'S REPORT
None given.
CITY ATTORNEY'S REPORT
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Citv Council Minutes February 25, 1997
None given.
ADJOURNMENT
It was moved by Councilmember Lindemans, seconded by Mayor Pro Tem Roberts to adjourn
at 10:15 PM to a meeting on March 18, 1997, 7:00 PM, Temecula City Hall, 43174 Business
Park Drive, Temecula, California. The motion was unanimously carried.
ATTEST:
~k, CMC, City Clerk
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