HomeMy WebLinkAbout032393 CC Minutes MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
HELD MARCH 23,1993
A regular meeting of the Temecula City Council was called to order at 7:06 PM in the
Temecula Community Center, 2881 6 Pujol Street, Temecula, California. Mayor Pro Tem Ron
Roberts presiding.
PRESENT 4 COUNCILMEMBERS: Birdsall, Parks, Roberts,
Stone
ABSENT: 1 COUNCILMEMBERS: Mufloz
Also present were City Manager David F. Dixon, City Attorney Scott F. Field, and City Clerk
June S. Greek.
Mayor Muiioz joined the meeting at 7:08 PM.
INVOCATION
The invocation was given by Pastor George Simmons, Temecula Valley House of Praise.
PLEDGE OF ALLEGIANCE
Councilmember Stone led the audience in the pledge of allegiance.
PRESENTATIONS/
PROCLAMATIONS
Mayor Muiioz proclaimed April 3, 1993 to be "Day of the Young Child". Janice Hayden
accepted the proclamation and thanked the Mayor and City Council for their support.
PUBLIC COMMENTS
Edith Ryan, 6567 Sheltondale, West Hills, CA, addressed the Council regarding lifting
restrictions on Bingo for benefit of the non profit charity organization, "Identity, Inc.".
Councilmember Birdsall stated that Bingo is a fund raiser for the Temecula Community Center,
and is regulated by County ordinance.
City Attorney Field stated this item is not on the agenda and should be agendized for a future
meeting if discussion is to take place.
CONSENT CALENDAR
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Mayor Pro Tem Roberts requested that Item No. 1 7 be removed from the Consent Calendar.
Councilmember Birdsall stated she would like to register a "no" vote on Item No. 19.
Mayor Muiioz removed Items 6, 8, 1 1 and 1 3 from the Consent Calendar.
It was moved by Councilmember Parks, seconded by Councilmember Stone to approve
Consent Calendar Items 1-5, 7, 9, 10, 1 2, 14, 1 5, 1 6, 18 and 19.
The motion carried by the following vote:
AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone,
Muiioz
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
1 Standard Ordinance Adoption Procedure
1.1Motion to waive the reading of the text of all ordinances and resolutions
included in the agenda.
2.Minutes
2.1 Approve the minutes of March 6, 1 993;
2.2 Approve the minutes of March 9, 1 993.
3.Resolution Ar)r)roving List of Demands
3.1Adopt a resolution entitled:
RESOLUTION NO. 93-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
4.City Treasurer's Statement of Investment Policy
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4.1Adopt the Treasurer's Statement of Investment Policy as proposed by
Staff which provides safety, liquidity and yield for City funds.
5.Risk Management Claims Settlement
5.1Grant the City Manager the authority to reject claims made against the
City and be provided with settlement authority up to $1,000.
7.Substitution of Storm Drain Improvements Bonds in Tract 23267-2
7.1Accept Surety Bond for the improvement of Storm Drain Systems in
Tract No. 23267-2as substitute for bond on file in the Office of the City
Clerk;
7.2Direct the City Clerk to release the original bond.
9.Completion and Acceptance of Traffic Signal Modification at Winchester Road and
Jefferson Avenue, Proiect No. PW 92-1 1
9.1Accept the Traffic Signal Modification atwinchester Road and Jefferson
Avenue, Project No. PW 92-1 1, as complete and direct the City Clerk to
file the Notice of Completion.
10.Award of Contract for the Traffic Sicinal Installation at Winchester Road (HWY 79N)
and Margarita Road (Proiect No. PW 92-08)
10.1Award a contract for Traffic Signal Installation at Winchester Road and
Margarita Road, Project No. PW 92-08, to Lekos Electric, Inc. for
$101,999.99, and authorize the Mayor to execute the contract upon
receiving Caltrans approval;
10.2Authorize the City Manager to approve change order not to exceed the
contingency amount of $10,200.00, which is equal to 10% of the
contract amount, for a total of $1 1 2,1 99.99.
12. Reconfirmation of Local Emergency
1 2.1Adopt a resolution entitled:
RESOLUTION NO. 93-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
RECONFIRMING THE EXISTENCE OF A LOCAL EMERGENCY
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14.Local Agency/State Agreement for Federal-Aid Proiects
14.1Adopt a resolution entitled:
RESOLUTION NO. 93-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING LOCAL AGENCY/STATE AGREEMENT NO. 08-5459, BETWEEN
THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF
TEMECULA TO ESTABLISH FEDERAL FUNDING PROVISIONS
15.Program Su[)r)lement No. 002 to the Local Agency/State Agreement for Federal-Aid
Proiects for the Traffic Signal at Winchester Road (HWY. 79N) and Margarita Road (PW
92-08)
15.1Adopt a resolution entitled:
RESOLUTION NO. 93-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING PROGRAM SUPPLEMENT NO. 002 TO LOCAL AGENCY/STATE
AGREEMENT NO. 08-5459 BETWEEN THE STATE DEPARTMENT OF
TRANSPORTATION AND THE CITY OF TEMECULA TO ESTABLISH FUNDING
FOR THE TRAFFIC SIGNAL INSTALLATION AT WINCHESTER ROAD (HWY
79N) AND MARGARITA ROAD
16.Program Supplement Agreement No. 003 to the Local Agency/State Agreement for
Federal-Aid Proiects for the Traffic Signal at Margarita Road and La Serena Way (PW
92-06)
16.1Adopt a resolution entitled:
RESOLUTION NO. 93-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING PROGRAM SUPPLEMENT NO. 003 TO LOCAL AGENCY/STATE
AGREEMENT NO. 08-5459 BETWEEN THE STATE DEPARTMENT OF
TRANSPORTATION AND THE CITY OF TEMECULA TO ESTABLISH FUNDING
FOR THE TRAFFIC SIGNAL AT MARGARITA ROAD AND LA SERENA WAY
18. Lease Agreement for Parking Lot for Temecula Valley Senior Center
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1 8.1Authorize the City Manager to execute a lease between the City and the
State of California for a parking lot for the Senior Citizen Center. The
lease shall be substantially the form presented subject to the City
Attorney's approval as to final form.
SECOND READINGOF ORDINANCES
19. Second Reading of Graffiti Ordinance
1 9.1Read by title only and adopt an ordinance entitled:
ORDINANCE NO. 93-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING
DIVISION 4 TO CHAPTER 6.14 OF THE TEMECULA MUNICIPAL CODE
PERTAINING TO GRAFFITI REMOVAL AND ESTABLISHING REWARDS FOR
INFORMATION LEADING TO THE SUCCESSFULCONVICTION OF ANY PERSON
PLACING GRAFFITI ON ANY PUBLIC OR PRIVATE PROPERTY
The motion carried by the following vote:
AYES: 4 COUNCILMEMBERS: Parks, Roberts, Stone, Muiioz
NOES: 1 COUNCILMEMBERS: Birdsall
ABSENT: 0 COUNCILMEMBERS: None
6.Addendum to Emer-gency Funding Agreement with Riverside County Flood Control and
Water Conservation District
MayorMufiozaskedwhytheanticipatedexpenditurehasincreased. DirectorofPublic
Works Tim Seriet explained that the work has been completed and this final billing
reflects some unanticipated costs.
It was moved by Councilmember Parks, seconded by Councilmember Stone to approve
staff recommendation as follows:
6.1Approve Addendum No. 1 to the Emergency Funding Agreement
("AGREEMENT") with Riverside County Flood Control and Water
Conservation District ("DISTRICT") to limit the maximum amount
payable to the DISTRICT's Contractor to $600,000;
6.2Require the Contractor to provide Faithful performance bonds;
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6.3Authorize the Mayor and the City Clerk to execute Addendum No. 1 to
the AGREEMENT;
6.4Appropriate an additional $300,000 to Acct. No. 00 1 -1 66-999-5420
from General Fund Unreserved Fund Balance.
The motion was unanimously carried.
8.Status Rer)ort on Re-gional Air Quality Pro-gram Implementation
Mayor Mufioz asked why reference to alternative fuels is not mentioned in this
program. Director of Planning Gary Thornhill explained it is addressed in the complete
plan, however, this report only deals with vehicle trip reduction.
It was moved by Councilmember Parks, seconded by Councilmember Stone to receive
and file report.
The motion was unanimously carried.
11.Award of Contract for the Traffic Signal Installation at Margarita Road and La Serena
Way (Proiect No. PW 92-06)
Mayor Muiioz asked why Lekos Lighting was the successful bidder on the
Winchester/Margarita Road Signal project and off by such a large amount on this
similar project.
Director of Public Works Tim Serlet explained there is a difference in the scope of work
and it is common for different contractors to be the successful bidder on similar
projects.
It was moved by Councilmember Stone, seconded by Councilmember Parks to approve
staff recommendation as follows:
1 1.1Award a contract for the Traffic Signal Installation at Margarita Road and
La Serena Way, Project No. PW 92-06, to Signal Maintenance, Inc. for
$1 1 8,398.65, and authorize the Mayor to execute the contract upon
receiving Caltrans approval;
11.2Authorize the City Manager to approve change order not to exceed the
contingency amount of $11,839.87 which is equal to 10% of the
contract amount, for a total of $130,238.52.
The motion was unanimously carried.
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1 3.Award of Professional Services Contracts for Proiect Coordinator, Land Surveying and
Soils Testing for PW 92-05, Ynez Road Widening (CFD 88-12)
Mayor MuFioz asked why the services of a project coordinator is necessary for this
project. Director of Public Works Serlet explained that the City currently does not have
adequate staff to devote full time to a job of this type and still maintain current service
levels.
It was moved by Councilmember Parks, seconded by Mayor Pro Tem Roberts to
approve staff recommendation as follows:
1 3.1Award Professional Services contracts for the construction of the Ynez
Road Widening Project, PW 92-05 which is within CFD 88-1 2, and
authorize the Mayor and City Clerk to execute the following contracts:
J.F. Davidson Associates, Inc. for land surveying in the amount
of $54,1 87;
Law/Crandall, Inc. for soils testing and observation in the amount
of $31,400.
NBS/Lowry as Project Coordinator in the amount of $1 30,320.
The motion was unanimously carried.
1 7. Disaster Recovery Budciet Appropriation
Mayor Pro Tem Roberts asked why the cost of Fire Services went up. Finance Officer
Mary Jane McLarney explained the original figure was low due to a staff error in
calculating personnel hours.
Mayor Pro Tem Roberts asked the time frame for the City to be reimbursed for these
costs. Ms. McLarney answered that the City has complied with FEMA requirements
to provide project lists and reported a voucher packet will be presented to FEMA
officials detailing total costs, as well as photographs illustrating damage. She reported
based on conversations with other Finance Directors, experiencing similar disasters, a
projected reimbursement may take approximately two years.
It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Stone to
approve staff recommendation as follows:
1 7.1Appropriate an additional $1 5,000in account 001 -1 66-999-5288,Police
Services from General Fund Unreserved Fund Balance;
1 7.2Appropriate an additional $62,1 00 in account 001 -1 66-999-525 1,Fire
Services from General Fund Unreserved Fund Balance;
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1 7.3Appropriate an additional $75,000 in account 001-166-999-5401,
Drainage Facility Maintenance from General Fund Unreserved Fund
Balance;
17.4Appropriate an additional $85,000 in account 001-166-999-5402,
Street Maintenance from General Fund Unreserved Fund Balance;
1 7.5Appropriate an additional $5,000 in account 001-166-999-5100,
Salaries and Wages from General Fund Unreserved Fund Balance.
The motionwas unanimously carried.
COUNCIL BUSINESS
Mayor Muiioz reordered the agenda to take Item 24 out of order.
24.Discussion of Walmart Proposal
City Manager Dixon presented the staff report.
Councilmember Stone asked City Manager Dixon how he arrived at the projected sales
tax benefits. City Manager Dixon explained they were based upon a number of
comparisons between cities with similar population and store size projections.
Councilmember Parks asked if K-Mart and Target are included in Assessment District
1 61. City Manager Dixon stated they are not. Councilmember Parks said that he feels
the incentives offered places Walmart on an equal basis with Target and K-Mart since
Walmart will be included in this district.
Councilmember Birdsall asked what type of return the City is currently receiving on
investment funds. Finance Officer Mary Jane McLarney stated the City is currently
earning 4.5 percent. Councilmember Birdsall stated she feels that if the City only
receives 1/2 of the projected sales tax revenues, the Walmart proposal will be a very
beneficial proposal.
RECESS
Mayor MuFioz declared a recess at 8:03 PM. The meeting was reconvened at 8:1 3 PM with
all members present.
The following citizens spoke in favor of the Walmart proposal:
Steve Eytchison, 27620 Commerce Center Drive, #1 01.
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Russell Rumansoff, 27349 Jefferson Avenue, Suite 206, representing the
Temecula-Murrieta Economic Development Corporation.
David Lowry, 27349 Jefferson Road, spoke in favor and also addressed the need for
Councilmembers to remain neutral on an issue until both sides have been
presented.
Tim McMahon, 33962 Blue Lantern, Dana Point, representing Grubb & Ellis
Commercial Real Estate.
Dan Atwood, 30521 Del Rey.
Dick Kurtz, 43500 Ridge Park Drive, #201.
Ben Fraleigh, 27740 Jefferson.
Patricia L. Partin, 2841 0 Front Street, # 1 04-28 1.
Sergio Contreras, 26463 Ynez Road, representing So Cal Cinemas.
Dee Belles, 30661 Avenida Buena Suerte.
Dixie Schleiger, 2076 5 Alameda Del Monte, Wildomar, small business owner.
Steve Alquist, 31 265 Enfield Lane, representing Temecula-Murrieta Economic
Development Corp.
Edward Andersen, 27431 Bolandra Court.
Brian Price, 30252 Tomas, Ste 200, representing Coco's Bakery and Restaurant.
Joe Meyer, 37570 University Avenue, Riverside, representing the applicant, spoke in
favor stating it makes economic sense and in general most retailers are in favor. He
stated he would be available for questions.
Robert Meadow, President of Decision Research, also representing the applicant,
reported on the results of a survey conducted within the City of Temecula, showing
a two-thirds ratio of approval rate for Walmart.
Greg Erickson, 431 64 Corte Colandra, representing the applicant spoke in favor stating
he feels this will be the kick-off for a regional center which would attract other stores
to the area.
Bryan Noreen, General Manager of Kemper Real Estate, representing the applicant,
spoke in favor of the proposal stating it will provide a method of funding necessary
infrastructure improvements.
The following citizens spoke in opposition to the Walmart proposal:
Maria Hetzner, 40657 Carmelita.
Lauretta Olson, 41949 Kaffinboom.
Jackie Conrad, 45796 Hopaetong.
Joseph R. Terrazas, 31 1 60 Lahontan Street, spoke against offering incentives.
Gladys Morris, 41 730 Gailwood Court.
Lori Rubin, 27483 Jefferson Avenue, representing Looking Good Beauty Supply.
John Hunneman, representing KRTM, 27645 Jefferson.
Fran Rifkin, 31366 Corte Montiel.
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RECESS
Mayor Muiioz declared a brief recess at 9:1 1 PM to change the tape. The meeting was
reconvened at 9:1 2 PM with all members present.
The following citizens concluded in opposition to the Walmart proposal:
Jayme Christian, 30762 Calle Pina Colada, spoke in opposition to incentives being
offered to Walmart.
Roger Bergstein, 29605 Solana Way.
Charles March, 28522 Via Las Flores, Murrieta.
Sally Myers, 44041 Northgate Avenue, spoke in opposition to incentives.
Louis Todd, 30645 Southern Cross Road, spoke in opposition to incentives.
RECESS
Mayor Mufioz declared a recess at 9:22 PM. The meeting was reconvened 9:38 PM with all
members present.
Councilmember Parks spoke in favor of staff recommendation stating all parties
negotiated in good faith and a very favorable proposal has been reached. He stated
he feels this proposal is in the best interest of the City, due to the tax dollars it will
generate and competition it will provide to keep prices low in Temecula.
Mayor Pro Tem Roberts spoke in favor of the proposal stating he feels the sales tax
benefit during the first year will more than outweigh the cost of incentives. He
explained that he feels that the current number of discount stores is not a valid reason
to deny the proposal. He did object, however, to the proposed location of Walmart.
Councilmember Stone spoke against the Walmart proposal explaining he feels the City
is setting a precedent during difficult economic times regarding incentives. He stated
a redistribution of existing tax dollars will occur instead of additional revenues being
generated. He also requested that a non-competition clause be added to the proposal
to protect the City from future Walmarts competing within a 1 5 mile radius.
It was moved by Councilmember Stone, seconded by Councilmember Birdsall to extend
the meeting until 1 1:00 PM. The motion was unanimously carried.
Councilmember Birdsall spoke in favor of the Walmart proposal explaining that without
large contributors to the Mello Roos District (88-12), projects such as the Overland
Crossing will not be funded. She stated she is a small business owner and feels
competition is healthy for a community. She further stated that incentives offered to
other businesses, such as Costco, have more than paid for themselves through
increased sales tax.
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Mayor MuFioz spoke against the Walmart proposal, stating he feels it is not in the
CitV's best interest to offer incentives to one of the largest retailers in the Country, and
stated that public funds must be protected in difficult economic times.
RECESS
Mayor Mufioz declared a brief recess at 10:30 PM to change the tape. The meeting was
reconvened at 10:31 PM with all members present.
It was moved by Councilmember Birdsall, seconded by Councilmember Parks to
approve staff recommendation.
Councilmember Stone requested that a requirement for a 1 5 mile non-competition
radius be added as part of the motion.
Councilmember Parks asked if Lake Elsinore is within 1 5 miles, and suggested a
possible a 1 0-mile radius.
Councilmember Parks said he was willing to amend the motion to include a 1 0 mile non
competition radius.
City Manager Dixon stated this point was not agreed upon, and it could cause the
process to have to be renegotiated.
Mayor MuFioz asked Joe Meyer, representing Walmart, if a 10 mile non-competition
clause would be agreeable to the applicant. Mr. MeVer stated that although there are
no plans for another Walmart in the immediate 10-mile area, this is a provision that
would not be agreeable to Walmart.
The motion to approve staff recommendation as follows:
24.1Approve a waiver of fees totaling approximately $133,000 for permits,
inspections, development impact fees and signal mitigation fees, a net cash
incentive for the payment of fees to other jurisdictions in the amount of
$62,000and acceptance of long-term debt service on A.D. 1 61 in a mount, not
to exceed $1 67,000. The City Attorney was directed to prepare the necessary
and appropriate documents.
was carried by the following vote:
AYES: 3 COUNCILMEMBERS: Birdsall, Parks, Roberts
NOES: 2 COUNCILMEMBERS: Stone, Mufioz
ABSENT: 0 COUNCILMEMBERS: None
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RECESS
Mayor Mufioz declared a recess at 10:46 PM. The meeting was reconvened at 11:30 PM
following the previously scheduled Community Services District and the Redevelopment
Agency meetings.
20.Addition to Anti-Graffiti Ordinance
It was moved by Councilmember Parks, seconded by Councilmember Stone to continue
Item No. 20 to the meeting of April 13, 1993. The motion was unanimously carried.
23.Business Incentive Program
At the City Manager's request, it was moved by Councilmember Birdsall, seconded by
Councilmember Parks to continue Item No. 23 to the meeting of April 1 3, 1993. The
motion was unanimously carried.
It was moved by Councilmember Birdsall, seconded by Councilmember Parks to extend the
meeting until 12:00 AM.
The motion carried by the following vote:
AYES: 3 COUNCILMEMBERS: Birdsall, Parks, Roberts
NOES: 2 COUNCILMEMBERS: Stone, MuFioz
ABSENT: 0 COUNCILMEMBERS: None
21.Ar)r)roval of Fiscal Year 1993-94 Community Development Block Grant Applications
Financial Services Administrator Grant Yates presented the staff report.
RECESS
Mayor MuFioz declared a brief recess at 1 1:44 PM to change the tape. The meeting
was reconvened at 1 1:46 PM with all members present.
Joan Ellis, 40105 Ravenwood Drive Murrieta, representing CSA 143 and City of
Murrieta, requested the City Council recommend CDBG funding for the Dial-a-ride
Transit program.
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Ben Novelle, a local therapist, representing Alternatives to Domestic Violence requested
the Council recommend CDBG funding for this program, stating the problem is serious
and does exist in this area.
Councilmember Parks asked how many cases were responded to last year. Mr. Novell
stated that 1,784 calls were received in the area which includes Corona through
Temecula.
Louise Ball, 27464 Commerce Center Drive, representing Operation School Bell
requested the City Council consider their request for funding. She stated in 1 991-92,
190 children were clothed and in 1 992-93,the number increased to 568 children. She
explained children are referred to the program directly by the school district and this
program enables children to continue attending school. She said without such help
many would eventually drop out.
Councilmember Stone asked if there are other sources of funding that could be used
for the Graffiti program. City Manager Dixon suggested that Item No. 3, Community
Watch - Graffiti Stakeouts, could be funded out of existing funds.
Councilmember Parks spoke in support of Operation School Bell and Alternatives to
Domestic Violence and asked if there are other sources of funding available to assist
with the County Service Area 143 Dial-A Ride program, which is also a very
worthwhile project.
City Manager Dixon stated it might probably be easier to explore other funding for that
program because it falls under the area of transportation.
Councilmember Birdsall suggested assisting the Dial A Ride program by providing a
cellular phone for their use.
Mayor Pro Tem Roberts and Mayor Mufioz also supported funding for operation School
Bell and Alternatives to Domestic Violence, requested that alternative forms of funding
for the other two projects be investigated.
It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Parks to
approve the funding for Operation School Bell ($10,000), Alternative to Domestic
Violence ($10,000), Sam Hicks Park Improvements ($30,000) and Pujol Street
Improvements ($1 22,450). The motion was unanimously carried.
Mayor Mufioz recommended that Item No. 22 be continued.
22.Boys and Girls Club Proiect
It was moved by Councilmember Stone, seconded by Mayor Pro Tem Roberts to
continue Item No. 22 to the meeting of April 13, 1 993.
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The motion carried by the following vote:
AYES: 3 COUNCILMEMBERS: Roberts, Stone, Muiioz
NOES: 2 COUNCILMEMBERS: Birdsall, Parks
ABSENT: 0 COUNCILMEMBERS: None
CITY MANAGER REPORTS
None given.
CITY ATTORNEY REPORTS
CityAttorney Field reported thatthe Owner ParticipationAgreementforWalmartwill be placed
on the agenda of April 1 3, 1993.
CITY COUNCIL REPORTS
Mayor Muiioz asked if their is a problem with issues regarding the Lutheran Church. City
Attorney Field responded that pursuant to Council instruction, the City has obtained an
appraisal but he would prefer to review it with Council in closed session at the Council
Meeting on April 13, 1 993.
Councilmember Birdsall requested that staff look into placing a painted crosswalk at the corner
of Ynez and Moraga Road on Rancho California Road. She also asked if there has been a
change in scheduling of the April 6, 1993 meeting by Supervisor Buster's office. Mayor
Mufioz stated he has not received a reply, but will keep trying.
ADJOURNMENT
It was moved by Councilmember Stone, seconded by Mayor Pro Tem Roberts to adjourn at
1 2:1 6 PM. The motion was unanimously carried.
J.@l Munoz, Ma@or
ATTEST:
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