HomeMy WebLinkAbout052494 CC MinutesMINUTES OF A REGULAR MEETING OF THE
TEMECULA CITY COUNCIL
MAY 24, 1994
A regular meeting of the Temecula City Council was called to order on Tuesday, May 24,
1994, 5:30 P.M., at the Temecula Community Recreation Center, 30875 Rancho Vista
Road, Temecula, California, Mayor Ron Roberts presiding.
PRESENT: 5 COUNCILMEMBERS: Birdsall, Munoz, Parks, Stone, Roberts
ABSENT: 0 COUNCILMEMBERS: None
Also present were City Manager Ron Bradley, Assistant City Attorney Cheryl Kane, and
Deputy City Clerk Susan Jones.
I=X!=CUTIVI= SIFSSlON
A meeting of the City of Temecula City Council was called to order at 5:30 P.M. It was
moved by Mayor Pro Tern Stone, seconded by Councilmember Parks to adjourn to Executive
Session pursuant to Government Code §54957.6, CONFERENCE WITH LABOR
NEGOTIATOR, Agency negotiator: Harwood Edvalson and Grant Yates. Employee
organization: Teamsters Local 911, representing General and Professional\Confidential
employee groups; Government Code §54957, to discuss Public Employee Appointment:
City Manager Recruitment; and Section 54956.9(b) Conference with Legal Counsel -
Anticipated Litigation in two matters. The motion was unanimously carried.
The meeting was reconvened at regular session at 7:15 P.M.
INVOCATION
The invocation was given by Father Ed Renner, St. Thomas Episcopal Church.
F! An SA! UT!:
Mayor Pro Tem Stone led the flag salute.
City Manager Ron Bradley stated the City Council meet in closed session to discuss Labor
Negotiations and recruitment of the new City Manager.
PR!:S!=NTATIONS/PROC! AMATIONS
Mayor Roberts proclaimed the week of May 22 - May 28 to be "Volunteer Police Officers
Week".
Mayor Roberts proclaimed the week of May 23 - May 27 to be "American Heritage Week".
City Finance Officer Mary Jane Henry presented the City Council with the GFOA
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Distinguished Budget Presentation Award granted to the City of Temecula for 1993-1994.
PUBLIC COMM!=NTS
None
CITY COUNCIL R!:PORTS
Mayor Pro Tem Stone thanked the City of Temecula Police Volunteers and the City of
Temecula Finance Department for their hard work.
Councilmember Parks thanked the City of Temecula Finance Department.
Councilmember Parks stated he feels there has been an influx of window painting and
window advertising and the Temporary Sign Ordinance suspension time period has expired.
He asked staff to bring this back to the City Council for review.
Councilmember Munoz expressed his appreciation for being able to participate in the Sister
City signing ceremony in Japan.
Mayor Roberts said he also appreciated the opportunity to attend the ceremony. Mayor
Roberts said the newest sister city, Nakayama, Japan has the same vision as the City of
Temecula. He then presented the Official Proclamation to the Deputy City Clerk to be
displayed at Temecula City Hall.
CONS!=NT CA! !:NDAR
Mayor Pro Tem Stone stated he would abstain on Consent Calendar Item No. 13.
Councilmember Munoz stated he would abstain on Consent Calendar Items No. 4, 5, 6 and
8.
It was moved by Councilmember Parks, seconded by Mayor Pro Tem Stone to approve
Consent Calendar Items 1 - 13.
The motion was carried by the following vote:
AYES:
5 COUNCILMEMBERS: Birdsall, Munoz, Parks, Stone, Roberts
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
1. Standard Ordinance Adol;)tion Procedure
RECOMMENDATION:
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MAY ?4. 1994
1.1 Motion to waive the reading of the text of all ordinances and resolutions
included in the agenda.
Minutes
RECOMMENDATION:
2.1 Approve the minutes of April 26, 1994;
2.2 Approve the minutes of May 2, 1994.
Resolution ADproving list of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 94-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
Final Vesting Tract Mal~ No. 74135
(Located east of Margarita Road and south of Santiago Road)
4.1 Approve Final Vesting Tract Map No. 24135 subject to the Conditions of
Approval.
The motion carried as follows:
AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Stone, Roberts
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 1 COUNCILMEMBERS: Munoz
Final Vesting Tract Map No. 241
(Located east of Margarita Road and north of De Portola Road)
RECOMMENDATION:
5.1 Approve Final Vesting Tract Map No. 24135-2 subject to the Conditions of
Approval.
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The motion carried as follows:
AYES: 4
NOES: 0
ABSENT: 0
ABSTAIN: 1
COUNCILMEMBERS: Birdsall, Parks, Stone, Roberts
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: Munoz
Final Vesting Tract MaD No. 74131-?
(Located west of Meadows Parkway and south of Pauba Road)
RECOMMENDATION:
6.1 Approve Final Vesting Tract Map No. 24131-2 subject to the Conditions of
Approval.
The motion carried as follows:
AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Stone, Roberts
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: I COUNCILMEMBERS: Munoz
Accel~tance Into the City-Maintained Storm Drain System - Storm Drain Facilities
Within a Portion of Lot ?73 of Tract Mal~ 3883 (APN 919-700-010) Abutting Calle
RECOMMENDATION:
7. Adopt a resolution entitled:
RESOLUTION NO. 94-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, ACCEPTING INTO THE CITY-MAINTAINED STORM DRAIN
SYSTEM - STORM DRAIN FACILITIES WITHIN A PORTION OF LOT 273 OF
TRACT MAP 3883 (APN 919-200-010) ABUTTING CALLE FIESTA
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8.
10.
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Final Parcel Mal~ No. ?7?39
(Located on the westerly side of Ynez Road between Winchester Road and Rancho
Way)
RECOMMENDATION:
8.1 Approve Final Parcel Map No. 27239 subject to the Conditions of Approval.
The motion carried as follows:
AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Stone, Roberts
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: I COUNCILMEMBERS: Munoz
Solicitation of Construction Bids for the Modification of the Traffic Signal & Stril~ing
at the Intersection of Rancho California Road and Front Street (Project No. PW94-09)
RECOMMENDATION:
9.1 Approve the construction plans and specifications and authorize the
Department of Public Works to solicit public construction bids for providing
and installing detector loops and re-striping on the northerly approach of Front
Street at Rancho California Road.
Accel;)tance of Maintenance Fasements on Ynez Road adjacent to Tower Plaza and
Town Center for Traffic Signal Maintenance Within CFD 88-17
RECOMMENDATION:
10.1 Authorize the Mayor to execute the Agreement and Grant of Easements with
the property owners along Ynez Road accepting easements for Traffic Signal
Maintenance.
10.2 Adopt a resolution entitled:
RESOLUTION NO. 94-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, ACCEPTING THE GRANT OF EASEMENTS FOR TRAFFIC
SIGNAL MAINTENANCE ON YNEZ ROAD ADJACENT TO TOWER PLAZA AND
TOWN CENTER
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11.
12.
Rancho California Road Interchange Improvements. Caltrans Cooperative Design
Agreement
RECOMMENDATION:
11.1 Adopt a resolution entitled:
RESOLUTION NO. 94-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING COOPERATIVE AGREEMENT NO. 8-794, BETWEEN THE STATE
DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR
DESIGN OF THE RANCHO CALIFORNIA ROAD INTERCHANGE
IMPROVEMENTS
Overland Drive Overcrossing Improvements. Caltrans Cooperative Design Agreement
RECOMMENDATION:
12.1 Adopt a resolution entitled:
RESOLUTION NO. 94-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING COOPERATIVE AGREEMENT NO. 8-793, BETWEEN THE STATE
DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR
DESIGN OF THE OVERLAND DRIVE OVERCROSSING IMPROVEMENTS
SECOND READING OF ORDINANCES
13.
Ordinance No. 94-14
RECOMMENDATION:
13.1 Read by title only and adopt an ordinance entitled:
ORDINANCE NO. 94-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING THE LAND USE CODE REGARDING THE TERM OF CONDITIONAL
USE PERMITS, PUBLIC USE PERMITS AND PLOT PLANS
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The motion was carried by the following vote:
AYES: 4
NOES: 0
ABSENT: 0
ABSTAIN: 1
PUBLIC H!=ARINnS
14.
COUNCILMEMBERS: Birdsall, Munoz, Park, Roberts
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: Stone
Abatement of Hazardous Vegetation from Vacant Lots or Parcels I;)er Ordinance 91-
18. Chal~ter 6.16
Chief Building Official Tony Elmo presented the staff report.
Mayor Pro Tem Stone asked who would be monitoring the properties scheduled to be
disked to ensure no endangered wildlife is disturbed.
Tony Elmo explained the Code Enforcement Officer is working with the Planning
Department to monitor the properties to ensure compliance.
Fire Chief Jim Wright explained how properties are determined to require weed
abatement.
Mayor Roberts opened the public hearing at 7:45 P.M. Hearing no requests to speak,
the public hearing was closed at 7:45 P.M.
It was moved by Councilmember Munoz, seconded by Mayor Pro Tem Stone to
approve staff recommendation as follows:
RECOMMENDATION:
14.1 Adopt a resolution entitled:
RESOLUTION NO. 94-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ORDERING CONFIRMATION OF SPECIAL ASSESSMENTS AGAINST PARCELS
OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT
AND REMOVAL OF HAZARDOUS WEEDS
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The motion was carried by the following vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCI! BUSIN!=SS
15.
COUNCILMEMBERS: Birdsall, Munoz, Parks, Stone, Roberts
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Temecula Town Association Assistance
Community Services Director Shawn Nelson presented the staff report. He
recommended the City Council establish criteria to deal with future requests for
funding assistance from the City Council.
Councilmember Munoz asked why a current appraisal was not submitted with the
staff report.
Finance Officer Mary Jane Henry said staff did not want to spend City funds on an
appraisal if there was not Council approval for the request.
Director Nelson said any loan would be contingent upon an updated appraisal.
Councilmember Birdsall said in the past she has abstained from agenda items which
pertained to the Temecula Town Association (TTA), however, she no longer receives
income from the Association and has not received an income for over one year.
Councilmember Munoz said he feels it is inappropriate for Councilmember Birdsall to
vote on this item because of her close association in the past with the TTA.
Mayor Pro Tem Stone said he also feels Councilmember Birdsall should step down on
this issue.
Councilmember Parks said he respects Councilmember Birdsali's desire to vote on the
issue.
Mayor Roberts said he could not ask Councilmember Birdsall to step down when he
has been allowed to vote on Balloon and Wine Festival issues, whose Board of
Directors he serves on.
Councilmember Birdsall announced she would voluntarily abstain on this issue.
Barbara Pearson, 30150 Via Monterey, Temecula, provided a history of the Temecula
Town Association and the work they do in the City of Temecula. She explained the
TTA currently has outstanding loans at $200,000 and $50,000, both at 10%
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. T!=MIrCU! A CITY COUNCIL MINUTFS MAY ;4, 1994
interest. She said the purpose of this request is to allow the association to repay
those loans and save 5%.
Councilmember Munoz asked how much the cost overruns were for the additional
1,000 square feet added to the community center on Pujol street during
reconstruction.
Ms. Pearson said she did not have that figure.
Philip Hoxey, 43318 Cielo De Azul, Temecula, expressed his concern regarding the
lending of City funds. Mr. Hoxey suggested if the City has money to lend, they
should cut taxes or use the funds to improve roads and build a fire station on the
East side of the freeway.
Mayor Pro Tem Stone said he supports the TTA and the work they do in the City.
He said he feels it is in the best interest of the City Council to assist the TTA,
however, he suggested the Council consider a loan for $50,000 and a loan for
$18,000 for seed money to operate the annual Temecula Tractor Race.
Councilmember Munoz said he supports TTA efforts, however, he objects to the way
the proposal was presented. Councilmember Munoz said he feels the Council should
not consider themselves responsible for assisting other organizations in financial
trouble.
Councilmember Parks said the TTA has paid cash for everything in the past and they
have not come before the City Council and asked for assistance. He said he feels the
interest rate should be increased to 6% to cover the cost of staff time.
Mayor Roberts said he feels the request for $250,000 is excessive and would
support the recommendation by Mayor Pro Tem Stone to lend $68,000.
Councilmember Parks said he will support Mayor Pro Tem Stone's recommendation if
he agrees to amend it by increasing the interest to 6%. Mayor Pro Tem Stone
concurred and asked staff to incorporate an acceleration clause so that, when the
TTA property currently offered for sale is sold, the funds go directly to pay down the
1st trust deed. At the recommendation of Community Services Director Shawn
Nelson, Mayor Pro Tem Stone amended the motion to make the loan contingent upon
a current low-cost appraisal and directed staff to develop criteria for future requests
for community services funding assistance.
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The motion was carried by the following vote:
AYES:
4 COUNCILMEMBERS: Munoz, Parks, Stone, Roberts
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 1
COUNCILMEMBERS: Birdsall
Mayor Roberts declared a recess at 9:00 P.M. The City Council was reconvened in regular
session after the TCSD and RDA meetings at 9:2_3 P.M.
16. Review and Adol;)tion of the ProDosed Fiscal Year 1994-95 Ol~erating Budget -
City Manager Ron Bradley presented the staff report.
Finance Officer Mary Jane Henry reviewed the Annual Operating Budget.
Mayor Pro Tern Stone suggested the following adjustments to the budget:
Reduce Auto mileage allowance for City Councilmembers, by $900.00
Delete One (1) City Manager trip, a reduction of $1,000.00
A 10% reduction in allocation for legal fees
Reduce the duplication of subscriptions to the Kiplinger Letter in the Finance
Department and the Community Services Department.
Mayor Pro Tem Stone expressed concern regarding a significant increase in the cost
for animal control services and suggested staff research the cost of other companies
which provide those services.
Councilmember Munoz expressed his support for Mayor Pro Tem Stone's
recommendation. Councilmember Munoz said he would support additional reductions
in City Manager trips. He said he would rather see the City Manager present in the
City. Councilmember Munoz said he would like Police Chief Rick Sayre to have the
opportunity to come forward with a request for an increase in staffing, especially in
the area of motor officers. Councilmember Munoz said he would like see the
economic uncertainty designation fund balance doubled.
It was moved by Councilmember Parks, seconded by Mayor Pro Tem Stone to
approve staff recommendation with following amendments: remove $900 from City
Council Mileage, remove $1,000 from City Manager travel, cut legal expenses by
10% or $30,000, cancel one subscription of the Kiplinger Letter, research costs of
Animal Control to see if it is more economical to use a private contractor, increase
the economic uncertainty designation fund balance of 1.2 million to 2.4 million, and
add another motor officer to police staff if deemed necessary by the Police Chief and
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approve staff recommendation 16.2 and 16.3 as follows:
16.2 Adopt a resolution entitled:
RESOLUTION NO. 94-56
MAY ;4. 1994
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, ADOPTING THE FISCAL YEAR 1994-95 OPERATING BUDGET
16.3 Adopt a resolution entitled:
RESOLUTION NO. 94-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS
The motion was carried by the following vote:
AYES:
5 COUNCILMEMBERS: Birdsall, Munoz, Parks, Stone, Roberts
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Mayor Roberts recessed the regular meeting at 10:05 P.M. to the TCSD meeting. The
regular meeting was reconvened at 10:05 P.M.
It was moved by Councilmember Parks, seconded by Mayor Pro Tem Stone to extend the
meeting at 10:05 to 10:30 P.M. The motion carried with Councilmember Birdsall in
opposition to the extension.
17. Community Services Commission Al;)l;)ointment
Deputy City Clerk Susan Jones presented the staff report.
Mayor Pro Tem Stone advised the Councilmembers that applicant Sam Kennedy was
unaware he must reside within the City limits to serve on a Commission, therefore
because he is building a home outside the City limits he is not eligible to serve on the
Community Services Commission and has withdrawn his application.
It was moved by Councilmember Parks, seconded by Mayor Pro Tem Stone to
appoint Rich Soltysiak to fill the unexpired term of Evelyn Harker on the Community
Services Commission.
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18.
19.
The motion was carried by the following vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCILMEMBERS: Birdsall, Munoz, Parks, Stone, Roberts
COUNCILMEMBERS: None
COUNCILMEMBERS: None
CFD 88-17 (Ynez Corridor) - Construction of Storm Drain on the South Side of
Solana Way from Ynez Road to Westerly of Margarita Road
Director of Public Works Tim Serlet presented the staff report.
It was moved by Councilmember Birdsall, seconded by Mayor Pro Tem Stone to
approve staff recommendation, Option No. 2, to construct the 78" storm drain with
Bond proceeds but not to provide sales tax reimbursement for the debt service
associated with the storm drain.
The motion was carried by the following vote:
AYES: 5 COUNCILMEMBERS: Birdsall, Munoz, Parks, Stone, Roberts
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Consideration of Ordinance Regulating Tax Cab Service
Councilmember Birdsall suggested this item be continued unless it was an urgent
matter.
It was moved by Councilmember Parks, seconded by Mayor Pro Tem Stone to
consider this item as an urgency.
The motion was carried by the following vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCILMEMBERS: Birdsall, Munoz, Parks, Stone, Roberts
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Assistant City Manager Woody Edvalson presented the staff report. He advised
Council of the following amendments to the Ordinances:
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Page 8, Section 12.08.618 (B) 1. and 2.: amended to include "or comparable
violations in other jurisdictions".
Page 9, Section 12.08.620 (A): amended to read "...appeal such action(s)
under Section 5.04.200 of the Temecula Municipal Code" and deleting
Section 12.08.620 (B)-(E). Making the appeal process the same as for
business licenses.
Page 9, Section 12.08.621 (A) 1.: amended to read "twelve (12) hours of
such duty time".
Councilmember Parks said he is willing to approve an urgency ordinance, however,
he would like time to review the permanent ordinance prior to approving it.
Ed Dool, representing Temecula Shuttle, 28657 Front Street, Temecula, expressed
support of the Taxi-Cab ordinance.
Alfred Persson, 147 S. Juanita, Hemet, representing Yellow Cab, expressed his
support of the ordinance, however, he said he feels the insurance requirement is
excessive. He said the insurance requirements for most other cities is $750,000
aggregate.
David Terry, 29480 City Circle, Romoland, told the Council the insurance
requirements are very prohibitive and a driver must have a clean record or the
insurance companies will not insure them.
Bob Mobley, Quality Taxi, advised the City Council they should not be concerned
about being harmed in a lawsuit. Mr. Mobley said he feels the insurance
requirements are excessive.
It was moved by Councilmember Parks, seconded by Councilmember Munoz to
approve the urgency ordinance with the modification that the City establish a rate for
insurance not higher than the rate required by the County of Riverside and directed
that the permanent ordinance have a provision which repeals the urgency ordinance.
RECOMMENDATION:
19.1 Adopt an urgency ordinance entitled:
ORDINANCE NO. 94-15
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER 12.08 TO THE MUNICIPAL CODE RELATING
TO TAXI CABS
19.2 Introduce and read by title only an ordinance entitled:
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T!=M!::CU! A CITY COUNCIl MINUT!=S MAY ;4. 1994
ORDINANCE NO. 94-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ADDING CHAPTER 12.08 TO THE MUNICIPAL CODE RELATING TO TAXI
CABS
It was moved by Councilmember Parks, seconded by Councilmember Munoz to
approve staff recommendation 19.3 as follows:
19.3 Adopt a resolution entitled:
RESOLUTION NO. 94-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ESTABLISHING FEES AND CHARGES ASSOCIATED WITH CHAPTER 12.08 OF
THE MUNICIPAL CODE RELATING TO TAXI CABS
The motion was carried by the following vote:
AYES: 5 COUNCILMEMBERS: Birdsall, Munoz, Parks, Stone, Roberts
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
City Manager Ron Bradley advised the public that taxi cab permits should be applied for at
the Southwest Police Station beginning Wednesday, May 25, 1994.
DIrPARTMIrNTAI R;PORTS
None
CiTY MANAC,!=R'S R!=PORT
None
CITY ATTORNIFY'S RFPORT
None
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ADJOURNMFNT
It was moved by Councilmember Munoz, seconded by Councilmember Parks to adjourn at
10:45 P.M.
The next regular meeting of the Temecula City Council will be held on Tuesday, June 14,
1994, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula,
California.
Ro~Roberts, Mayor
ATTEST:
Greek, City Clerk
[SEAL]
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