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HomeMy WebLinkAbout052797 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD MAY 27, 1997 EXECUTIVE SESSION A meeting of the Temecula City Council was called to order at 5:30 PM. It was moved by Councilmember Stone, seconded by Councilmember Ford, to adjourn to Executive Session at 5:30 PM, pursuant to Government Code Sections: 1. §54957.6, Conference with City's Labor Negotiator, Grant Yates. 2. §54956.8, Conference with Real Property Negotiator, Property: 3.09 acres located at the northwesterly corner of La Paz Road and State Route 79, APN 922-190-25; Negotiating Parties: Mike Moramarco, County of Riverside and the City of Temecula; Under negotiation: price and terms of payment. 3. §54956.8, Conference with Real Property Negotiator, Property: 27600 Jefferson Avenue; Negotiating Parties: Norm Reeves Super Group and the Redevelopment Agency of the City of Temecula; Under negotiation: Consideration of lease terms. The motion was unanimously carried. The Executive Session was adjourned at 7:10 PM. A regular meeting of the Temecula City Council was called or order at 7:13 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 Deputy City Clerk Susan W. Jones. PRELUDE MUSIC The prelude and intermission music was provided by Heather Downing. INVOCATION The invocation was given by Rabbi Josef Gormain, Congregation B'Nai Chaim of Murrieta. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Stone. CITY ATTORNEY REPORT City Attorney Thorson stated in accordance with the provisions of the Brown Act, there was nothing to report from Closed Session. PRERENTATIONS/PROCl AMATIONS: Mayor Pro Tem Roberts presented Randall Holland, Vice President of the Arts Council, with a proclamation declaring the week of June 1, 1997, to be 'Arts Appreciation Week." Mayor Birdsall proclaimed May 27, 1997, to be "World Trade Day." Jim Morrisey, Director of the Inland Empire American Planning Association, presented Planning Manager Debbie Ubnoske an award for the Planning Department's Fast Track Process. Community Development Director Gary Thornhill also recognized Mary Jane McLarney, Tony Elmo, Ron Parks, Annie Bostre-Le, Heida Osvold, Laura Cabral, Matthew Fagan, Carole Donahoe, and Larry Cooley for their contribution in making the fast track process a success. Mr. Morrisey presented the Temecula One Award (Operation Neighborhood Enrichment) to Senior Planner John Meyer. Mr. Thornhill also thanked Mary Jane McLarney, Dave Haar, Mike Teyechea, Mary Ann Salazar, Tony Elmo, Shawn Nelson, Irene Rogers, and All Moghadam. Mr. Morrisey awarded Associate Planner Matthew Fagan the "Robert Street Memorial Award" for his hard work, excellent skills and contribution to the Planning Department. Mr. Fagan expressed his appreciation for the award and for the assistance and encouragement given him by his wife, Planning Department staff members, the Planning Commission, and the City Council. PUBLIC COMMENTS Terry Gilmore, 2685 Ynez Road, asked for donations and prayers for two-year old Allison Sanchez, who has brain cancer and stated donations can be dropped off at Paradise Chevrolet, with checks made payable to "People Helping People." Joanie Sanchez, Allison's mother, thanked the community for their support and prayers and reported they will be going to Sacramento for surgery to remove the remainder of the tumor. Wayne Hall, 42131 Agena, reported many car dealerships are unloading cars in the median of Ynez Road and requested proper enforcement of City codes. CITY COUNCIl REPORTS Councilmember Stone discussed the massage ordinance which will be on the June 24, 1997 agenda and asked for Council support regarding active enforcement of the existing ordinance in the areas of working hours, certification of employees, inspection of premises and apparel requirements. Councilmember Stone thanked Joe Kicak and the Public Works Department for the installation of guard rail on the south side of Pauba Road. CONSENT CALENDAR Councilmember Roberts requested the removal of Item 4 from the Consent Calendar. Councilmember Ford requested Item 14 be removed from the Consent Calendar. It was moved by Councilmember Stone, seconded by Councilmember Lindemans, to approve Consent Calendar Items 1-3, 5-13, and 15-20. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Ford, Linderoans, Roberts, Stone, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 1 Standard C)rdinance Adoption Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes 2.1 Approve the minutes of May 8, 1997. 3 Resolution ADproving list of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 97-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 5 Accept Public Improvements in Tract No. 22716-2 (Located at the Northerly corner of the intersection of Meadows Parkway at Rancho Vista Road) 5.1 Accept the Public Improvements in Tract No. 22716-2; 5.2 Authorize reduction in Faithful Performance Bond amount to the warranty level for Street, Water, and Sewer Improvements, initiation on the one-year warranty period and release of the Subdivision Monument Bond; 5.3 Direct the City Clerk to so advise the Developer and Surety. Accept Subdivision Monumentation in Tract No. 24134-1 (Located Southeasterly of the intersection of Pauba Road at Margarita Road) 6.1 Accept the Subdivision Monumentation in Tract No. 24134-1; 6.2 Authorize release of the Subdivision Monumentation security; 6.3 Direct the City Clerk to so advise the Developer and Surety. Accept Public Improvements in Tract No. 27916-3 (Located at the Northwesterly corner of the intersection of Pauba Road at Butterfield Stage Road) 7.1 Accept the Public Improvements in Tract No. 22916-3; 7.2 Authorize the initiation of the one-year warranty period, reduction of the Faithful Performance Street and Drainage, and Water and Sewer security amounts, and release of the Subdivision Monument security; 7.3 Direct the City Clerk to so advise the Developer and Surety. Amendment No. 1 to the Electrical Agreement for Maintenance of Signal and Lighting Systems on State Highways 8.1 Approve an Amendment No. 1 to the Electrical Agreement for Maintenance of Signal and Lighting Systems on State Highways with the State Department of Transportation. Acceptance of Public Street into the City-Maintained Street System (Within Tract No. 22716-2) (Located Northerly of the intersection of Meadows Parkway at Rancho Vista Road) 9.1 Adopt a resolution entitled: RESOLUTION NO. 97-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREET INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 22716-2) 4 10 11 12 13 15 16 Acceptance of Public Streets into the City-Maintained Street System (Within Tract No. 22916-3) (Located at the Northwesterly corner of the intersection of Pauba Road at Butterfield Stage Road) 10.1 Adopt a resolution entitled: RESOLUTION NO. 97-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 22916-3) Acceptance of Sewer Easements Within Lots 27 and 28 - Tract No. 21067 (Located adjacent to Pala Road Community Park) 11.1 Adopt a resolution entitled: RESOLUTION NO. 97-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE GRANT OF SEWER EASEMENTS WITHIN LOTS 27 AND 28 OF TRACT NO. 21067 11.2 Authorize the City Clerk to record the Grant of Easement Documents. Revisions to City of Temecula Travel Policy 12.1 Approve the revised City of Temecula Travel Policy. Financial Statements for the Nine Months Ended March 31. 1997 13.1 Receive and file the Combining Balance Sheets as of March 31, 1997, the Statement of Revenues, Expenditures and Changes in Fund Balance, and the Statement of Revenues, Expenses and Changes in Retained Earnings for the Nine Months Ended March 31, 1997. Contract Inspection Services for Building and Safety 15.1 Approve an additional payment in the amount of $11,215 to J.A.S. Pacific Consulting Services, Inc., to provide building inspection services to the Building and Safety Department. Local Government Subvention Fund Match Program 16.1 Authorize projects proposed to be constructed using AB2766 Subvention Funds Match (20%) and other funds provided by the City (80%); 17 18 19 20 16.2 Commit the City to the Project Milestone Schedules reflected in the application package; 16.3 Allocate AB2766 Subvention Funds and other funds to the proposed projects; 16.4 Authorize the Mayor to execute two (2) copies of the contract provided in the application package. Selection of Vendor and Appropriation of Grant Funds 17.1 Appropriate $45,525 to purchase a command post trailer for Police Department use from Universal Specialty Vehicles in Riverside, California. David Turch and Associates 18.1 Retain the public advocacy firm of David Turch and Associates to assist the City in pursuing federal funding opportunities for infrastructure needs. Second Reading of Ordinance No. 97-08 19.1 Adopt an ordinance entitled: ORDINANCE NO. 97-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(d! OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMIT ON (1) MIRA LOMA DRIVE NORTH OF RANCHO VISTA ROAD (2) CABRILLO AVENUE BETWEEN JEDEDIAH SMITH ROAD AND VALLEJO AVENUE Second Reading of Ordinance No. 97-09 20.1 Adopt an ordinance entitled: ORDINANCE NO. 97-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 15 OF THE TEMECULA MUNICIPAL CODE BY ADDING A NEW CHAPTER ENTITLED 'PUBLIC FACILITIES DEVELOPMENT IMPACT FEE" The motion carried as follows: AYES: 4 COUNCILMEMBERS: Ford, Lindemans, Roberts, Birdsall NOES: I COUNCILMEMBERS: Stone ABSENT: 0 COUNCILMEMBERS: None 4 Professional Services Contract with Canty Engineering Group, Inc., for Design and Construction .C;upport ~ervices for the Winchester Road/I-1 § IntP, rchange. Rancho California Road/I-15 Interchange. and the Overland Overcrossing Rridge Councilmember Roberts expressed concern with the selection of an engineering company whose principals were involved with the previous contracted firm, and recommended language regarding payment for additional services and authorization of additional work. It was moved by Councilmember Roberts, seconded by Councilmember Stone, to approve staff's recommendation with the following amendments: 1) Page 1, Section (b), "Consultant shall be compensated for any additional services in the amounts and manner as agreed to by the City Manager, the Council's Public Works Subcommittee and the Consultant..."; and 2) "Any additional work shall be approved by the City Council." 4.1 Approve and authorize the Mayor to sign the Professional Services Agreement between the City of Temecula and Canty Engineering Group, Inc. (CEG) to provide engineering and construction support services for the Winchester Road/I-15 Interchange, Project No. PW95-21, Rancho California Road/I-15 Interchange, Project No. PW95-12 and Overland Overcrossing Bridge, Project No. PW95-11, in an amount not to exceed $54,000.00. The motion was carried unanimously. 14 Award a Professional Services Agreement to Tom Dodson and Associates to Perform Services to Administer and Implement the Mitigation Monitoring Programs for the Temecula Regional Center Specific Plan Environmental Impact Report and the Campos Verdes Specific Plan Environmental Impact Report City Manager Bradley reported there was a question about the awarding of this contract because of line items not identified on page 4 of a letter dated March 22, 1997, submitted by the proposed consultant. He stated the wording, which was blacked out by staff because it was not appropriate for this contract, reads, "Item 4 of the duties you identified in the request address additional tasks which may be required. If requested, TDA can provide a proposal to assist the City with securing an archeologist and/or a paleontologist for monitoring activities Nos. 31 and 32." Mr. Bradley reiterated these contracts for the regional shopping center and the middle school site are paid by Forest City and Countryside Community Southwest; and both contracts must be in place before grading permits can be pulled. It was moved by Councilmember Stone, seconded by Councilmember Roberts, to approve staff recommendation. 14.1 Award a Professional Services Agreement in the amount of $30,000 to Tom Dodson and Associates to perform services to administer and implement the Mitigation Monitoring Program for the Temecula Regional Center Specific Plan Environmental Impact Report and authorize the City Manager to sign the agreements after the initial funding deposits have been made. 14.2 Award a Professional Services Agreement in the amount of $30,000 to Tom Dodson and Associates to perform services to administer and implement the Mitigation Monitoring Program for the Campos Verdes Specific Plan Environmental Impact Report and authorize the City Manager to sign the agreements after the initial funding deposits have been made. The motion was unanimously passed. JfilNT MFFTIN~ fiF THF ~.ITY C.11!INr..1/. TFMF~!ILA RFr)FVFL~PMFNT A~FNr. Y ~JLr~ TOWN COMMUNITY FACILITIFS r~ISTRICT FINANCINC, AUTHORITY AND THF OLD TOWN WESTSIDF IMPROVFMENT AUTHORITY A joint meeting of the City Council, the Temecula Redevelopment Agency, the Old Town Community Facilities District Financing Authority and the Old Town Westside Improvement Authority was called at 8:13 PM. Chairman Ford of the Temecula Redevelopment Agency presiding. Councilmember Stone stepped down due to a conflict of interest. I Financing for Old Town Area PtJblic Improvements and the WP. stern Rypass Corridor It was moved by Mayor Birdsall, seconded by Councilmember Roberts, to approve staff recommendation. 1.1 Adopt a resolution entitled: RESOLUTION NO. 97-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TERMINATING THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY AND THE OLD TOWN/WESTSlDE IMPROVEMENT AUTHORITY 1.2 That the City Council adopt a resolution entitled: RESOLUTION NO. 97-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING RESOLUTION NO. 96-55 TO ALLOW FOR IMMEDIATE ABANDONMENT OF ASSESSMENT PROCEEDINGS 1.3 That the Redevelopment Agency adopt a resolution entitled: 1.4 RESOLUTION NO. RDA 97-02 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA TERMINATING THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY AND THE OLD TOWN/WESTSIDE IMPROVEMENT AUTHORITY That the Board of Directors adopt an ordinance entitled: ORDINANCE NO. FA 97-01 AN ORDINANCE OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY DISSOLVING THE OLD TOWN/WESTSlDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (OLD TOWN AREA PUBLIC IMPROVEMENTS) The motion carried as follows: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: AYES: 4 NOES: 0 ABSENT: 0 ABSTAIN: 1 Birdsall, Lindemans, Roberts, Ford None None Stone It was moved by Mayor Birdsall, seconded by Councilmember Roberts, to recess the Joint City Council/Temecula Redevelopment Agency at 8:15 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 motion was unanimously carried with Councilmember Stone abstaining. A joint meeting of the City Council and the Temecula Redevelopment Agency was reconvened at 8:57 PM. PUBLIC HEARINGS 3 Amscan Inc. Owner Participation Agreement Assistant City Manager Mary Jane McLarney presented the staff report. Mayor Birdsall opened the public hearing at 9:00 PM, and hearing no requests to speak, closed the public hearing at 9:00 PM. It was moved by Councilmember Stone, seconded by Councilmember Lindemans, to approve staff recommendation as follows: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 97-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATING AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND AMSCAN INC., A NEW YORK CORPORATION 3.2 That the Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 97-03 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND AMSCAN INC., A NEW YORK CORPORATION The motion carried unanimously. Mayor Birdsall recessed the City Council portion of the meeting at 9:01 PM and the City Council meeting was reconvened at 9:08 PM. PtJRI IC HFARINGR 21 Planning A~plication No. PA97-0030 Amendment and Restatement of Development Agreement No. 5 for Portions of TM 23100, TM 23101, TM 23103 and TPM 28503, within Specific Plan No. 199 Community Development Director Gary Thornhill presented the staff report. Mayor Birdsall opened the public hearing at 9:15 PM. Brian Johnson, 23333 Avenida la Ceiza, Coto de Ceiza, representing the applicant, stated he concurred with the staff report and was available for any questions. Mayor Birdsall closed the public hearing at 9:16 PM. It was moved by Councilmember Stone, seconded by Councilmember Linderoans, to approve staff recommendation 21.1. 21.1 Adopt the Negative Declaration for Planning Application No. PA97-0030. The motion was carried unanimously. l0 City Attorney Thorson clarified that Sections 11.2, 11.3, and 11.4 of the agreement are deleted and Development Agreement Section 12.2 and Section A will be revised. Mr. Johnson stated he was in agreement with Mr. Thorson's revisions and also noted the term "Interim Public Facilities" appeared throughout the documents and asked that term be revised. It was moved by Councilmember Stone, seconded by Councilmember Lindemans, to approve staff recommendation with the following modifications: 1) Delete Sections 11.2, 11.3 and 11.4; 2) change term "Interim Public Facilities Fee" to Public Facility Fee"; 3) Amend Section 12.2 "Public Facility Fee" to read as follows: (a) In lieu of the county Development Agreement Fee, RSA Fee or City Public Facility Fee, Owner shall pay Public Facility Fee of Three Thousand Five Hundred and Ninety Dollars ($3,590.00) per dwelling unit inclusive of Street Improvement Fees, Traffic Signalization Fees, Fire Protection Fees, Parks and Recreation Fees and Library Fees. The Public Facility Fee shall be paid as provided in Section 12.3 below." 21.2 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 97-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING AN AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT NO. 5 BETWEEN THE CITY OF TEMECULA AND BRAMALEA CALIFORNIA, LLC FOR TM 23100, 23101, 23103 AND TPM 28503, WITHIN SPECIFIC PLAN NO. 199 (PLANNING APPLICATION NO. PA97-0030! The motion was carried unanimously. COUNCIL BUSINESS 22 Award of Professional Services Agreement for Weed Abatement Services Jim Barron, County Fire Department, introduced Captain Brad Harris, Riverside County Fire Department Hazard Reduction Manager, who made a presentation on the importance of week abatement and providing defensible space around homes. Mayor Birdsall requested the Planning Department have available for landscape architects and developers, a list of low fire intolerant plants for this area. Mr. Thornhill stated the City's landscape architect will review and comment on appropriate plants when there is an interfacial issue with wildlands. Chief Building Official Anthony Elmo presented the staff report. Councilmember Stone asked if actual liens on forced abatement would come to the Council or be handled administratively. Mr. Elmo replied the special assessment that go on county records will be brought to the City Council for approval. Mayor Birdsall suggested the posted notice state the amount of time the property owner will 11 be given to clear his property, plus the dollar amount Fire Protection Services would charge to abate the property. Mayor Birdsall asked if Fire Protection Services would be allowed to contract for weed abatement as an independent, while under contract with the City. Senior Building Official Tony Elmo replied there are two conditions that apply to the conflict of interest issue: 1) once the agreement is signed, the contractor cannot contract independently for weed abatement services in the City; 2) any forced abatement recommendations must come to staff for authorization prior to the abatement work being done by the contractor. Councilmember Stone expressed concern about property owner notification. Mr. Elmo replied at the time of inspection, the property will be physically posted and a certified notification letter sent to the property owner which will state the City can provide a list of contractors available to do the weed abatement. Mayor Birdsall inquired about property owners being required to clear 30' beyond their property line. Mr. Elmo stated clearing beyond one's property line may be dictated by individual CC&R's. City Attorney Thorson pointed out the scope of work states the process the contractor has to follow to notify property owners of a potential problem. He further stated the agreement specifies the contractor cannot undertake any forced abatement without the prior written authorization of the Director of Building and Safety. Ken Osborne, President of Fire Protection Services, explained the process Fire Protection Services will follow before doing any abatement work. It was moved by Councilmember Lindemans, seconded by Councilmember Stone, to approve staff's recommendation. 22.1 Approve a Professional Services Agreement, for Weed Abatement Services, with Fire Protection Services, Inc. The motion was carried unanimously. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT None given. ADJOURNMENT It was moved by Councilmember Stone, seconded by Councilmember Ford, to adjourn at 10:00 PM to a CIP Workshop, June 3, 1997, 6:30 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. The next regular City Council meeting is to be held June 10, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: