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HomeMy WebLinkAbout050890 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD MAY 8, 1990 An Executive Session of Temecula City Council was called to order at 6:30 in the Temecula Community Center, 28816 Pujol Street, Temecula, California. Mayor Ron Parks presiding. PRESENT 5 Mufioz, Parks COUNCILMEMBERS: Birdsall, Lindemans, Moore ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Frank Aleshire, City Attorney Scott F. Field, and Deputy City Clerk June S. Greek. A regular meeting of the Temecula City Council was called to order at 7:05 PM. INVOCATION The invocation was given by Pastor Jack Flournoy, Trinity Christian Fellowship. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Councilmember Moore. PUBLIC COMMENTS Jane Vernon, 30268 Mersey Ct. requested Council consider adoption of an ordinance restricting parking on City streets between the hours of 2:00 AM and 6:00 PM. Steve Tapley, 30275 Calle Halcon, suggested the City issue an RFP for a local brokerage firm to represent the City in acquisition of real estate, not RFP's directed to property owners. Mr. Tapley felt this would increase the City's objective alternatives. Jeanie Burns, 30112 Santiago Rd., requested that the City Council purchase a building large enough to rent a section to the Temecula Community Theatre. Ms. Burns informed Council that the theatre would require 3,000 square feet and would pay rent to the City in the amount of $2,000/month. Ms. Burns feels the community would be enriched by a Community Theatre. Minutes 5/08/90 1 Larry Murphy, 30326 Calle Halcon, also spoke in support of a Community Theatre. Mr. Murphy expressed the belief that a Community Theatre could be very successful and sustain itself financially. CONSENT CALENDAR Mayor Parks requested the removal of item number 9 from the Consent Calendar. Councilmember Mufioz requested that items number 5, 8 and 10 be removed from the Consent Calendar. Councilmember Birdsall moved, Councilmember Mufioz seconded a motion to approve Consent Calendar as follows: 1. Minutes 1.1 Approved minutes of April 3, 1990 as mailed. 1.2 Approved minutes of April 10, 1990 as mailed. 1.3 Approved minutes of April 17, 1990 as mailed. Resolution Approving Payment of Demands 2.1 Adopted a resolution entitled: RESOLUTION NO. 90-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A. o Participation in ICMA Enxployee Deferred Conlpensation Plan 3.1 Adopted a Resolution entitled: RESOLUTION NO. 90-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN EMPLOYEE DEFERRED COMPENSATION PLAN TO BE ADMINISTERED BY ICMA RETIREMENT CORPORATION Minutes 5108190 2 4. Request for Proposal - llankin~ Services for the Fi.qcal Year Endira, June 30, 1991. 4.1 Approved issuance of an RFP (request for proposal) for banking services for the fiscal year ending June 30, 1991. law Enforcement Activity Report 6.1 Received and filed report. o Approval of AddRional Position in Finance Department 7.1 Adopted a resolution entitled: RESOLUTION NO. 90-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 1989-90 BUDGET TO APPROPRIATE $3600 FOR THE PURPOSE OF PROVIDING ADDITIONAL FINANCE DEPARTMENT SALARIES The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 C OUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Lindemarts, Moore, Mufioz, Parks None None o Adoption of a Program of Voluntary Water Comervation Councilmember Mufioz questioned what the Eastern Municipal Water District (EMWD) is doing to help with water conservation, especially in regard to retention or detention water systems. City Manager Aleshire reported all water agencies are issuing the same type of call to public agencies, stressing that a drought situation does exist. Mr. Aleshire introduced Chuck Kratsch, EMWD, to answer questions. Minut, s 5/08/90 3 Councilmember Mufioz questioned what plans EMWD had regarding retention and detention of water. Mr. Kratsch reported that all water agencies in the area were pooling resources. Mr. Kratsch further stated that the EMWD has been asked to address Council on June 5, 1990, regarding fresh and reclaimed water. Mayor Parks reported that EMWD is doing a great deal to encourage water conservation. Some of the methods used are education to the public through means of the media, and education to school children. Mr. Kratsch reported that water saver kits are available, at no cost to the public. It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to adopt a resolution entitled: RESOLUTION NO. 90-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A PROGRAM OF VOLUNTARY WATER CONSERVATION TO REDUCE WATER USE BY TEN PERCENT The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 8. Resolution in Support of State Constitutional Amendment No. I Councilmember Mufioz said due to a lack of time to sufficiently review this item, he would like an opportunity for further study. He also expressed his concern over the increase proposed in the spending limit. He also questioned whether the State should control transportation in the community. Councilmember Mufioz requested continuing this item for one week. Minutes 5/08/90 4 Councilmember Lindemans stated the Gann limit can only spend up to a certain point and no further. Councilmember Lindernans moved to approve this item. The motion died for lack of a second. Mayor Parks suggested placing this on the agenda as Council Business in two weeks so it could be discussed and videotaped for the public. It was moved by Councilmember Mufioz, seconded by Mayor Parks to continue this item to the meeting of May 22, 1990 and place it on the agenda as a Council Business item. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 C OUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Concept Striping Plan for Rancho California Road Over 1-15, from Front Street to Ynez Road. Mayor Parks expressed the need to discuss this plan further in regard to the impact of the removal of trees in the median on Rancho California Road. He requested continuing this item for one week to allow for additional public input. It was moved by Councilmember Birdsall, seconded by Councilmember Mufioz to continue this item one week to the meeting of May 15, 1990. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Minutes 5/08190 5 10. Tentative Parcel Map No. :Z476~ Councilmember Mufioz questioned whether resale is the purpose for dividing this subdivision into two sections. Ross Geller answered that he believes that is correct. Councilmember Mufioz moved, Councilmember Moore seconded a motion to receive and file Tentative Parcel map No. 24762. The motion was carried by the following vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: C OUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks None None COUNCIL BUSINESS 11. Policy Statement - Change of Zone Application~ Ross Geller, Planning Director, recommended the adoption of a policy of not accepting and acting on Zone Change applications without associated development proposals. Mr. Geller explained that since the Council had chosen not to adopt the Southwest Area Plan (SWAP), it is difficult to analyze zone change applications, such as subdivision or commercial centers, without accompanying development applications. Councilmember Mufioz spoke in favor of this item, stating that the only way to assess the impact of zone changes would be to know the planned development. Councilmember Mufioz pointed out that certain plans may not be in the City's best interest, i.e. liquor stores too close to residential areas, etc. Councilmember Lindemans said this requirement would put a burden on land speculators. Mr. Lindemans suggested adopting SWAP as an interim plan, might be a more suitable alternative to this problem. Minuteg 5/08/90 6 Mayor Parks asked staff if the City has received several zone change applications. Staff answered that numerous zone change requests have been received and the only way to properly evaluate them is to have a general plan. Dennis Chiniaeff, 29321 Via Norte, stated that in his opinion a requirement such as this would undermine the concept of zoning. He said this would seem to be a premature action. Councilmember Mufioz said the commission has to have control over land use. He questioned the motives of developers who would not reveal their contemplated land use, and stressed the importance of being "above board" on these issues. Tom Huntington, 30252 Santa Cecilia, questioned the effectiveness of such a ruling, pointing out that it would be very easy to submit a plan for proposed use, get the zone change and never develop the property as planned. Mayor Parks pointed out that even with a zone change, a project must come before the Planning Commission for approval. Mayor Parks also stated that when a general plan is adopted, certain areas can be designated for specific zoning. Councilmember Birdsall asked if adopting the SWAP as an interim plan would alleviate some of these concerns. Ross Geller responded that it would take care of about half of the problems. Pil Oliver, 27919 Front St., objected to this issue, stating that it is a great advantage to be able to purchase property with zoning in effect, as opposed to property which still has to go through this process. She stated that much more time would be involved, therefore making property less attractive. It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to continue this item for three months. Councilmembers Lindemans explained the reason for specifying three months is to give the planning commission an opportunity to look at this policy. Mayor Parks suggested adopting the policy for the same period of three months, giving the staff a method to handle the question of zone changes until the planning commission can respond. Councilmember Lindemans withdrew the motion and Councilmember Birdsall withdrew the second. It was moved by Councilmember Lindemans, seconded by Councilmember Munoz to approve the recommended policy for a period of three months. Minut~a 5/08/90 7 The motion was carried by the following vote: AYES: 5 C OUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Ross Geller advised Council that he will bring a recommendation on this matter from the Planning Commission back to the City Council agenda in 90 days. 12. Debt Advisory Committee City Manager Aleshire reported that this item was put on the agenda at Councilmember Lindemans' request. Mr. Aleshire recommended that staff not create a Debt Advisory Committee at this time, but consider it at a later date. Mr. Aleshire suggested hiring the firm of Fieldman, Rolapp and Associates to help define duties and goals of such a committee at a cost of $2,500. Councilmember Birdsall moved to table this item. Councilmember Moore seconded the motion. Councilmember Lindemans stressed the need for more professional input on the upcoming financial needs of the City. Mayor Parks called a break at 8:02 PM for the purpose of changing the A/V Tapes. The meeting was reconvened at 8:03 PM. Councilmember Mufioz suggested appointing a five member committee to recommend a mission statement. Councilmember Moore suggested this item be delayed until a Director of Finance is hired, who may be able to direct Council on this issue. Councilmember Birdsall expressed her concerns over creating a Debt Advisory Committee, stating that a mission statement must be created as well as guidelines on duties to be performed. Mayor Parks stated he would support postponing this item, but not tabling it indefinitely. He suggested creating an ad hoc committee, and continuing this item for 60 days, giving Councilmember Lindemans an opportunity to define what this group should do. Minutes 5/08/90 8 Councilmember Birdsall withdrew her motion and Councilmember Moore withdrew her second to table this item. It was moved by Councilmember Mufioz, seconded by Councilmember Lindemans, to continue this item for 30 days to give Councilmember Lindemans an opportunity to define the duties of this committee. The motion was carried by the following vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: C OUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks None None RECESS Mayor Parks declared a recess at 8:10 PM, to be reconvened to a Community Services District Meeting. The meeting was reconvened at 9:00 PM with all members present. 13. Park~ and Recreation Master Plan City Manager Aleshire recommended that the City Council approve and adopt the interim Park and Recreation Plan for the City of Temecula. The plan proposed is the Master Plan previously adopted by the CSA. Mr. Aleshire further reported that state law provides that jurisdictions with adopted park and recreation plans, may require fees as a condition of approval. This is commonly known as the "Quimby Act". Mr. Aleshire stated this is only an interim plan to make it possible to start collecting fees. He recommended adoption of this plan, and referral to Parks and Recreation Commission for review and necessary amendments. Bill Holley, Parks and Recreation Consultant, emphasized this is only an interim plan, with a comprehensive master plan to follow. Councilmember Lindemans questioned a newspaper report that the City has 120 acres of land dedicated for parks, but the County can not find it. Councilmember Lindemans asked how this figure was derived. City Manager Aleshire stated that the newspaper has been doing research on its own and came up with that number, based on an estimate made by Minutea 5/08/90 9 Joe Richards, the County Planning Director. Mr. Richards does not, however, have a list of where this property is located. City Manager Aleshire reported that the County is microfilming all the files, but as yet has not released them to the City. Mayor Parks questioned whether there was a map accompanying this plan. Bill Holley answered that the map that goes with the text, is the map of the CSA-143 Master Plan. Councilmember Birdsall moved, Councilmember Lindemans seconded a motion to approve the interim Parks and Recreation Master Plan. The motion was carded by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 14. City Hall Purchase, l~ase and Tenant Improvements City Manager Aleshire reported at a previous meeting a proposal was made to Council to lease property for a City Hall. Council requested that staff send out Requests For Proposals (RFP's) for the purchase of a City Hall. Mr. Aleshire stated that staff faxed RFP's to seven commercial brokerage firms in Temecula, distributed copies to each Councilmember, and faxed copies to the local Press to serve as a Press Release. City Manager Aleshire introduced Joe Hreha, Manager of Information Systems, to outline staffs recommendation. Mr. Hreha addressed the tenant improvements needed for the existing facility to accommodate the current and short-term anticipated staff levels. He presented a comparison of the three proposals submitted and the costs as they related to annual cost and cost of improvements. RECESS Mayor Parks declared a brief recess to change the tape at 9:20 PM. The meeting was reconvened at 9:21 PM. Minutes 5/08/90 10 Mayor Parks asked the reason for considering The Windsor Park I proposal since it is under 40,000 square feet. Mr. Hreha explained that the RFP requested buildings over 40,000 square feet or buildings under 40,000 square feet that have adjacent properties with a 30-day first right refusal. Councilmember Mufioz asked how long would 27,000 square feet would suffice with projected staffing levels. Mr. Hreha stated this building would suffice through next year. Councilmember Mufioz asked how much space will staff occupy of the 27,000 square feet and would there be additional space to accommodate The Community Theater request. Mr Hreha answered that approximately 3,500 to 5,000 extra square feet should be available. Mr. Hreha also pointed out that the City has the option to purchase an addition 44,000 square feet. Mayor Parks reported that the City is governed by certain State Laws for public investments. Councilmember Birdsall made the point that if the City purchased the entire Windsor Park I, it would obtain over 70,000 square feet. Pia Oliver, 27919 Front Street, stated that Rio Nedo V, did indeed meet the parking requirements. She further stated that the existing tenant of the building is not the owner, simply a tenant. She said that she had not had sufficient time to submit an offer and further stated that she expected the City to negotiate, not simply accept any offer. Ms. Oliver presented several methods open to the City for purchasing all or a portion of this project. Bill Bopf, 28924 Front Street, Suite 106, addressed the Council regarding the proposal submitted by Wine Country Realty of the City's decision to purchase, rather than lease a building. Mr. Bopf pointed out that in five years, the City will have paid $500,000 towards ownership, under the Business Park Proposal. He also stated that no other project has clear legal title to convey, which is necessary when using bonds. Mr. Bopf further stated that an indoor parking facility can be accomplished without health or safety risks. He said that he had responded to the RFP, provided adequate parking, and suggested using extra square feet for other entities such as the Community Theatre. He also advised the Council that the owners of Business Park Center would be willing to eliminate Building K to provide additional land for parking. Mr. Bopf said that the City would pay a little more, but all requirements would be met. Councilmember Lindemans asked Mr. Bopf if the needs of the staff could be addressed between now and when the building is scheduled to be completed? Mr. Bopf answered Minutes 5/08/90 11 that he could offer their services at no cost to find a building for lease, as well as a $50,000 offset. Councilmember Lindemans questioned if 1 1/2 years could be added to the loan using capitalized interest. Mr. Bopf answered he could not guarantee this, but would feel comfortable with approximately a year. Mayor Parks questioned whether this project will be completed as scheduled. Mr. Bopf stated that Hawthorne Construction will use their best efforts to complete this project as scheduled and would offer a leasing offset. Mr. Bopf could not, however, guarantee the projected finish date. It was moved by Councilmember Lindemans, seconded by Councilmember Mufioz to continue the meeting until 11:00 PM. The motion was unanimously carried. Don Goldberg, representing Windsor Partners, stated that Windsor Park I, met all the requirements of the RFP, including parking. Mr. Goldberg concurred with staff' s report and recommendation, outlining the flexibility and cost-effectiveness of Windsor Park I. Mr. Goldberg further showed the proposed savings on purchasing the building currently occupied. Councilmember Lindemans questioned whether clear title could be guaranteed. City Attorney Fields questioned if any of the proposals are responsive to the RFP, as not all proposals can at this time deliver clear title. Mr. Fields suggested rejecting all proposals and directing staff to negotiate a purchase with a particular front runner. The Public Hearing portion of the meeting was closed at 10:10 PM. Councilmember Mufioz suggested referring this matter to staff and continuing the negotiating process. Councilmember Mufioz stated in his opinion Windsor Park I was the front runner. Mayor Parks questioned whether there are any foreseeable problems with Windsor Park I's adequacy as a PUD and establishing clear title. Ross Geller stated it needs further analysis, but he does not foresee any problems. He reported this would be a local matter through the Planning Commission and City Council. Mayor Parks questioned the problems with the CC&R's established in the Business Park, and whether or not this use would be compatible. City Attorney Fields stated that a City is not subject to zoning laws for the property it owns. Mr. Fields said that if the City was the owner of several parcels within a subdivision, the City would be subject to the CC&R's. Minutes 5/08/90 12 Councilmember Birdsall requested staff research purchasing the entire complex, and leasing the surplus space. This would in turn generate income for the City. City Attorney Fields reported that when certificates of participation are used, no more than 10% of a parcel can be used for private lease. An option would be to rent to the County or another governmental agency. Mayor Parks suggested rejecting all proposals and directing staff to look into the legalities of the acquisition of the Windsor I project. Councilmember Birdsall stressed the urgency of providing a City Hall, and suggested negotiating a short term or interim lease to house staff. It was moved by Councilmember Birdsall, seconded by Councilmember Mufioz to reject all proposals. The motion was carded by the following vote: AYES: 5 NOES: 0 ABSENT: 0 C OUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks None None It was moved by Councilmember Munoz, seconded by Councilmember Lindemans to refer this matter to staff with further instruction that they address all the issues that have been raised and that they proceed with negotiations on Windsor Park I to get the best price as well as nail down all the terms and conditions of that purchase. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Minutes 5/08/90 13 RECESS Mayor Parks declared at recess at 10:20 PM. The meeting was reconvened at 10:33 PM with all councilmembers present. Mayor Parks reordered the agenda to consider item 16 at this time. 16. Riverside County Sheriff's Department Agreement City Manger Aleshire presented a staff report recommending the approval of an agreement based on the proposal submitted by the Riverside County Sheriff's Department. Ralph Limon, Chairman of the Ad Hoc Law Enforcement Advisory Committee, spoke to the Council regarding the proposal submitted by the Riverside County Sheriff, and stated that the committee has reviewed it and finds it meets the needs of the community. He further advised that the committee feels that the Sheriff's Department can not meet the full commitment spelled out in the proposal at its inception and he pointed out areas where other costs savings could be realized. He suggested that the City look at the following: 1. Housing the officers in the City of Temecula rather than pay them for travel time. 2. Setting up a schedule of office hours for the Community. Identifying the officers as Temecula Police through special badges and vehicle markings. 4. Sharing the cost of the School Resource Officer with the School District. In response to a question from Councilmember Lindemans, Police Chief Rick Sayre said the Department is committed to responding to the Council's requests and he would look into asset forfeitures being returned to the City in cases such as Driving Under the Influence. Councilmember Mufioz pointed out the contract has a one year cancellation period. It was moved by Councilmember Birdsall, seconded by Councilmember Moore to refer this matter to the budget meeting of May 12, 1990. The motion was unanimously carried Minute,~ 5/08/90 14 15. Developer Fees Report City Manager Aleshire introduced the staff report advising the Council that they should identify the projects which are necessary for the community that these fees will address. Philip Carter, representing the Consultant Willdan and Associates, presented the report and briefed the Council on the land use process involved. In response to a question from Councilmember Lindemans he said development fees can only be used for future development as identified in the fee program. He said it is not possible to charge for a "buy-in" to the existing infrastructure. City Attorney Field, in answer to a question from Councilmember Birdsall advised that all residential developments in the City pay mitigation fees under the County of Riverside Ordinance No. 659. New developments pay fees, even higher, to the County and the County contends that they may retain a portion of such fees, even those collected after the City's incorporation. Councilmember Birdsall stated she feels the City needs to define what agreements are in existance and what fees have been paid to the County and the portion of those fees owed to the City. It was moved by Councilmember Lindemans, seconded by Councilmember Mufioz to continue this matter to the next regular meeting. The motion was unanimously carried. 17. 18. Cable Television Franchise Analysis Mayor Parks polled the members of the public who had filed a "request to speak" form and asked if there were any objections to this matter being continued for one week. There were no objections voiced. It was moved by Councilmember Birdsall, seconded by Councilmember Mufioz to continue this matter for a period of one week. The motion was unanimously carried. Closed Personnel Session to consider Appointment of City Manager Pursuant to Government code Section 54957. It was moved by Councilmember Birdsall, seconded by Councilmember Lindemans to continue this matter to the meeting of May 12. The motion was unanimously carried. Minutea 5/08/90 15 CITY MANAGER REPORT There was no report presented at this time CITY ATTORNEY REPORT City Attorney Field advised the City Council that he would not be able to attend the Budget Workshop meeting on May 12, 1990. CITY COUNCIl, REPORTS Councilmember Moore requested that the matter of the Southwest Area Community Plan (SWAP) be placed on the agenda for referral to the Planning Commission. Councilmember Lindemans asked staff to looking into providing feeders for the ducks at the lake located at Rancho California Road and Ynez. Councilmember Birdsall asked that the Council meetings be started at 6:00 PM to accommodate the long agendas. AD.IOURNMENT It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to adjourn at 11:24 PM to a meeting to be held at the Temecula City Hall, 43125 Business Park Drive, Temecula, California, at 9:00 AM on May 12, 1990. The motion was unanimously carded. ATrEST: Deputy Ronald J. Parks, Mayor Minutes 5/08/90 16