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HomeMy WebLinkAbout051193 CC Minutes MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MAY 11, 1993 A regular meeting of the Temecula City Council was called to order on Tuesday, May 1 1, 1993, 7:20 P.M., at the Temecula Community Center, 28816 Pujol Street, Temecula, California. The meeting was called to order by Mayor J. Sal Muiioz. Mayor Pro Tem Roberts led the flag salute. PRESENT: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, MuFioz ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager David F. Dixon, Assistant City Manager Woody Edvalson, City Attorney Scott Field, City Clerk June S. Greek and Recording Secretary Gail Zigler. INVOCATION Pastor James Field, First Baptist Church, presented the invocation. PRESENTATIONSI PROCLAMATIONS Mayor Muiioz proclaimed the month of May, 1 993 as Water Awareness Month on behalf of Eastern Municipal Water District. Mayor MuFloz proclaimed May 1 9, 1 993 as Transit Appreciation Day, celebrating National Transportation Week. Mayor Muiioz presented the following list of 6th and 7th grade students with awards for their participation in the Bicycle Safety Essay Contest: Place Name School Award 6th Grade Girls 1 St Dione Cunningham Margarita Middle School Bike 2nd Ramona Cruz Margarita Middle School Bike Helmet 3rd Cindi Cook Linfield $50 Savings Bond 6th Grade Boys 1 St Alex Paterson Margarita Middle School Bike 2nd Luke Lindquist Margarita Middle School Bike Helmet CCMIN5/11/93 -1- 6/l/93 CITY COUNCIL MINUTES MAY 11, 1993 3rd Numair Khaled Margarita Middle School $50 Savings Bond 7th Grade Girls 1 St Alicia Oneil Linfield Bike 2nd Nora Addam Temecula Middle School Bike Helmet 3rd Vanessa Beeson Margarita Middle School $50 Savings Bond 7th Grade Boys 1 St Kendall Bellini Linf ield Bike 2nd Ken Hamamoto Linfield Bike Helmet 3rd Mike Avila Linfield $50 Savings Bond PUBLIC FORUM Stephen Boyer, 25205 Via Las Lomas, Murrieta, thanked the Council for all their work on the Murrieta Creek Flood Control Plan and suggested that the Council send forth a letter or memo to the Army Corp of Engineers, advising them that the Council, City Staff, public, County Flood Control, etc., are working together on a feasible plan. CONSENT CALENDAR Mayor Mufioz requested Item No. 1 0 be removed from Consent Calendar and continued after the recess to allow Council time to review the staff report which was distributed prior to the start of the meeting. It was moved by Councilmember Stone, seconded by Councilmember Roberts to approve Consent Calendar Items No. 1 - 9 and Item No. 1 1. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mufioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 1 .Standard Ordinance Adoption Procedure RECOMMENDATION: CCMINS/1 1/93 -2- 611/93 CITY COUNCIL MINUTES MAY 11, 1993 1.1Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2.Minutes RECOMMENDATION: 2.1Approve the minutes of March 30, 1993; 2.2Approve the minutes of April 6, 1993; 2.3Approve the minutes of April 1 3, 1 993; Mayor Pro Tem Roberts asked that Page 1 1 , reflect the correct vote as follows: AYES: 3 COUNCILMEMBERS: Birdsall, Parks, Mufioz NOES: 2 COUNCILMEMBERS: Roberts, Stone ABSENT: 0 COUNCILMEMBERS: None 2.4Approve the minutes of April 19, 1993; 2.5 Approve the minutes of April 20, 1993. 3.Resolution Approving List of Demands RECOMMENDATION: 3.1Adopt a resolution entitled: RESOLUTION NO. 93-33 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 Report RECOMMENDATION: CCMIN5/11/93 -3- 6/l/93 CITY COUNCIL MINUTES MAY 11, 1993 4.1 Receive and file the City Treasurer's report as of March 31, 1 993. 5.Ar)r)rove Records Destruction Schedule RECOMMENDATION: 5.1Approve scheduled destruction of certain records as provided under the City of Temecula approved Records Retention Policy. 6.Resolution Reconfirming Local Emergency RECOMMENDATION: 6.1Adopt a resolution entitled: RESOLUTION NO. 93-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONFIRMING THE EXISTENCE OF A LOCAL EMERGENCY 7.Fourth Amendment to the Joint Powers Agreement Creating the Riverside County Habitat Conservation Agency RECOMMENDATION: 7.1Approve an amendment to Section 3.7.4 of the Joint Powers Agreement creating the Riverside County Habitat Conservation Agency (the "Agreement) and authorize the Mayor to sign the amended agreement. 8.Establishment of a Second Deferred Compensation Plan Option RECOMMENDATION: 8.1Adopt a resolution entitled: RESOLUTION NO. 93-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A DEFERRED COMPENSATION PLAN CCMIN5/11/93 -4- 6/l/93 CITY COUNCIL MINUTES MAY 11, 1993 9.Award of Professional Services Contracts for Civil Engineering. Land Surveying, Structural Eng neerin - (PW 93- 2 i -q, and Soils Testing - Liefer Road Crossing RECOMMENDATION: 9.1 Approve an operating transfer from the General Fund to the Capital Improvement Fund in the amount of $29,300. (including 10% contingency) for the design and construction of the Liefer Road Crossing, Project Number PW 93-02. 9.2 Award a Professional Services Contract to NBS/Lowry for Civil Engineering Services in the amount of $10,720 and authorize the Mayor and City Clerk to execute the agreements. 9.3 Award a Professional Services Contract to NBS/Lowry for construction staking services in the amount of $700 and authorize the Mayor and City Clerk to execute the agreements. 9.4 Award a Professional Services Contract to Leighton and Associates for soils testing and observation in the amount of $10,968 and authorize the Mayor and City Clerk to execute the agreements. 9.5 Award a Professional Services Contract to McDaniel Engineering for structural engineering services in the amount of $4,250 and authorize the Mayor and City Clerk to execute the agreements. 1 1.Second Readinci of Ordinance No. 93-09 - Establishinci Regulations for Use of Outdoor Advertising Displays RECOMMENDATION: 11.1Read by title only and adopt an ordinance entitled: ORDINANCE NO. 93-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTAB- LISHING REGULATIONS FOR USE OF OUTDOOR ADVERTISING DISPLAYS PUBLIC HEARINGS 1 2.Change of Zone No. 23 - Safa Muhtaseb Planning Director Gary Thornhill presented the staff report. CCMIN5/11/93 .5- 6/l/93 CITY COUNCIL MINUTES MAY 11, 1993 Mayor Muiioz opened the public hearing at 7:50 P.M. There being no requests to speak the public hearing was closed. It was moved by Councilmember Stone, seconded by Councilmember Parks to approve staff recommendation as follows: 12.1Adopt a Negative Declaration for Change of Zone No. 23. 1 2.2Read by title only and introduce an ordinance entitled: ORDINANCE NO. 93-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE CITY FOR THE CHANGE OF ZONE APPLICATION CONTAINED IN CHANGE OF ZONE NO. 23, CHANGING THE ZONE FROM R-3-4,000 (GENERAL RESIDENTIAL) TO C-0 (COMMERCIAL OFFICE) ON PROPERTY LOCATED ON THE SOUTH SIDE OF RANCHO CALIFORNIA ROAD, APPROXIMATELY450 FEET EAST OF THE INTERSECTION OF VIA LAS COLINAS AND RANCHO CALIFORNIA ROAD KNOWN AS ASSESSOR'S PARCEL NO. 944-290-009. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mufioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Mayor Muiioz adjourned the meeting at 7:50 P.M. to the Temecula Community Services District meeting. The City Council meeting was reconvened at 7:55 P.M. 13.Development Processing Fees City Attorney Scott Field presented the staff report. Mayor Mufioz opened the public hearing at 8:1 0 P.M. Russell Rumansoff, 27349 Jefferson Avenue, Temecula, representing the Economic Development Corporation, advised the Council that the EDC Expediting Committee voted in opposition to any increased fees at this time and they appreciated staff's effort to decrease fees where possible. Mr. Rumansoff asked the Council to reconsider any increases until the economy has had an opportunity to recover. CCMIN5/11/93 -6- 611/93 CITY COUNCIL MINUTES MAY 11, 1993 Lou Kashmere, 291 1 5 Front Street, Temecula, stated there currently is no fee structure for a Tentative Parcel Map with a in-fill improved or partially improved property, where a development application fee has been paid and other review processes have been completed. Mr. Kashmere feels that these fees should be similar to those charged to revise an approved Plot Plan or CUP because it requires significantly less time to review. Planning Director Gary Thornhill concurred that the process is much faster and stated he would support recommending a reduced fee. Councilmember Parks stated that he was in favor of supporting staff recommendation except for Exhibit 4 which he feels should be part of the planning application fee and not set up as a separate fee under Community Services. Director Thornhill stated that concern was expressed to him regarding the review of landscape plans. Director Thornhill stated that currently if someone came in with a very large project, the fee could be very high. He suggested that he could consult with local contractors and establish a cap fee for landscape review. Director Thornhill suggested that the Council continue this item and allow staff time to make some modifications. It was moved by Councilmember Parks, seconded by Councilmember Stone to continue this item to the meeting of June 8, 1993. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Muiioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Mayor Mufioz declared a recess at 8:25 P.M. The meeting was reconvened at 8:45 P.M. 14.Redevelopment Assistance for Construction and Expansion - WalMart Pr@ct City Manager David Dixon requested this item be continued to the meeting of June 22, 1993. Mayor Mui)oz opened the public hearing at 8:45 P.M. Jo Subik, 39250 Deputy Road, Temecula, told the Councilmembers that she feels the Wal Mart store will be a detriment to the community and is opposed to the city providing financing or incentives. CCMIN5/11/93 -7- 6/l/93 CITY COUNCIL MINUTES MAY 11, 1993 it was moved by Mayor Pro Tem Roberts, seconded by Councilmember Birdsall to continue this item to the meeting of June 22, 1 993. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mufloz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 15.Redevelopment Assistance for Construction and Exr)ansion - Professional Hospital supply City Manager David Dixon presented the staff report. Mayor Mufioz opened the public hearing at 8:50 P.M. John Luttgens, President of the Medical Design Concepts, explained how the loan program was developed for PHS and provided an overview of the current goal for Professional Hospital Supply, AMMA and Medical Design Concepts. Mayor Mufioz stated that he feels employee credit should be an incentive for non-sales tax generating business and that the City is being quite generous with the reduction of the loan balance by increased sales tax. Councilmember Stone stated that he feels the City is going out of its way to encourage PHS to do business in Temecula with the sales tax reduction and is not comfortable adding the employee credit. Mr. Luttgens explained that it would be more cost efficient for Medical Design Concepts to operate out of state, however, based on the negotiations with the City Manager, the owner of the company made the decision to stay in Temecula. Mayor Mufioz stated that he would like to see a commitment from PHS or Medical Design Concepts, that they will remain in the City of Temecula for a specified number of years and asked Mr. Luttgens if he would commit to that proposal. Mr. Luttgens stated that he is more comfortable with tying the agreement to the length of the loan as presented and would not want to commit to a specified number of years. Mr. Luttgens explained that the sterilization facility is a single use facility and Mr. Hoffe would not commit to building a facility of this nature if he was not planning to keep the businesses in Temecula. CCMIN5/11/93 -& 6/l/93 CITY COUNCIL MINUTES MAY 11, 1993 it was moved by Councilmember Parks, seconded by Mayor Pro Tem Roberts to approve staff recommendation as follows: 1 5.1Adopt a resolution entitled: RESOLUTION NO. 93-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE TEMECULA REDEVELOPMENT AGENCY LENDING FUNDS TO ASSIST PROFESSIONAL HOSPITAL SUPPLY, INC., AMERICAN MATERIAL MANAGEMENT ALLIANCE,INC., MEDICAL DESIGN CONCEPT, INC., AND JOHN HOFFEE IN EXPANDING INTO TWO MEDICAL DEVICES SUPPLY FACILITIES IN THE CRYSTAL RIDGE BUSINESS PARK The motion carried as follows: AYES: 3 COUNCILMEMBERS: Birdsall, Parks, Roberts NOES: 2 COUNCILMEMBERS: Muiioz, Stone ABSENT: 0 COUNCILMEMBERS: None 16.Redevelopment Assistance - Or)eratin-q Fund Loan - Quicksilver Councilmember Birdsall stepped down due to a possible conflict of interest. City Attorney Scott Field presented the staff report. Mayor Muhoz declared a recess at 9:34 P.M. to change the tape. The meeting was reconvened at 9:36 P.M. Mayor Pro Tem Roberts expressed concern that the stockholders of the company refused to sign the loan documents. City Manager Dixon stated that if the Letter of Credit is in good standing, it is all the security needed for the loan. Councilmember Stone stated that he would be in favor of approving staff's recommendation as long as staff secures a guarantee that the Letter of Credit is in good standing. It was moved by Councilmember Parks, seconded by Councilmember Stone to approve staff recommendation, subject to verification of the Letter of Credit, as follows: CCMIN5/11/93 -9- 6/l/93 CITY COUNCIL MINUTES MAY 11, 1993 16.1Adopt a resolution entitled: RESOLUTION NO. 93-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE REDEVELOPMENT AGENCY LENDING $60,000 TO QUICKSILVER ENTERPRISES, INC., TO RESTORE FACILITIES DESTROYED BY THE JANUARY, 1993 FLOODS The motion carried as follows: AYES: 4 COUNCILMEMBERS: Parks, Roberts, Stone, Muiioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Birdsall COUNCIL BUSINESS 10.Award of Contract - Si3ecial Counsel - Continued for one week (5/18/93) (5-0-0) RR/RP City Manager David Dixon presented the staff report. Mayor Muiioz asked why the City does not use its current counsel. City Manager Dixon advised that Burke Williams and Sorenson have not been working in the area of labor relations for very long and he feels that the recommended firm would better provide the City with the expertise in this area. Mayor MuFioz stated that he would like to see the City Council involved in the interview process, specifically himself. Mayor Mufioz stated that he would like more time to review the staff report. It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Parks to continue this Item to the meeting of May 1 8, 1993. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Muiioz NOES: 0 COUNCILMEMBERS: None CCMIN5/11/93 -10- 611/93 CITY COUNCIL MINUTES MAY 11, 1993 ABSENT: 0 COUNCILMEMBERS: None 18.Ordinance Amendinci Park and Recreational Facility Or)eration Policies and Regulations -Smoking Policy for City Parks and Recreational Facilities It was moved by Councilmember Parks, seconded by Councilmember Stone to continue this Item to the meeting of June 8, 1 993. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mufioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 1 7.Second Reading of Ordinance No. 93-1 0 - Addinci Sections to Graffiti Ordinance Assistant City Manager Woody Edvalson presented the staff report. It was moved by Councilmember Stone, seconded by Mayor Pro Tem Roberts to approve staff recommendation as follows: 1 7.1Read by title only and adopt an ordinance entitled: ORDINANCE NO. 93-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTIONS 6.14.304 THROUGH 6.14.308, INCLUSIVE, TO CHAPTER 6.14 OF THE TEMECULA MUNICIPAL CODE RELATING TO GRAFFITI The motion carried as follows: AYES: 4 COUNCILMEMBERS: Parks, Roberts, Stone, Mufioz NOES: 1 COUNCILMEMBERS: Birdsall ABSENT: 0 COUNCILMEMBERS: None 19.Enabling Ordinance - Ador)tion of Develor)ment Impact Fees City Manager David Dixon advised the Council that during a meeting held today with CCMIN5/11/93 -11- 6/l/93 CITY COUNCIL MINUTES MAY 11, 1993 many of the major industry leaders from the community and after a lengthy discussion, it was recommended that this item be continued for sixty days to further explore options and alternatives and understand the impacts this ordinance will have on the current, expanding and future businesses. It was moved by Councilmember Stone, seconded by Mayor Pro Tem Roberts to continue this item for 60 days. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, murioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Stone to extend the meeting at 1 1:00 P.M. to 1 1: 1 5 P.M. The motion was unanimously approved. 20.Consideration of Emr)lover/Employee Resolution Assistant City Manager Woody Edvalson presented the staff report. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Roberts to approve staff recommendation as follows: RECOMMENDATION: 20.1Adopt a resolution entitled: RESOLUTION NO. 93-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA IMPLEMENTING EMPLOYER-EMPLOYEEORGANIZATIONS RELATIONS POLICY The motion carried as follows: AYES: 4 COUNCILMEMBERS: Parks, Roberts, Stone, Mufioz NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Birdsall CCMIN5/11193 -12- 611/93 CITY COUNCIL MINUTES MAY 11, 1993 CITY MANAGER REPORT City Manager Dixon advised that he had received a memorandum from Director of Public Works Tim Serlet asking that the Council appoint two members to participate on a joint committee for resolving issues of the Murrieta Creek. Mayor Mufioz and Councilmember Parks volunteered to serve on the committee. Councilmember Parks recommended cancelling the May 13, 1 993 Assessment Districts 1 59 and 1 61 workshop, in order to allow staff and Council to attend the funeral for the Temecula Police Officer who was killed in the line of duty. CITY ATTORNEY REPORT None CITY COUNCIL REPORTS Councilmember Parks stated that he is concerned with the perceived difficulty in getting a sign permit through the City. Councilmember Parks suggested that staff may want to look into a pamphlet or standard procedure for obtaining these permits. Planning Director Thornhill stated that he has had no complaints, but would look into the matter. Councilmember Stone stated that he had several requests by citizens to look into property maintenance ordinances and asked if Director Thornhill could assist him in getting some model ordinances from other cities. Mayor Mufioz stated that staff should report on the periodic procedure for review by Code Enforcement. Mayor Muiioz stated that he would be reporting on his trip to Sacramento at the May 18, 1 993 Council meeting. Mayor MuFioz stated he has concerns with the Resolution for the Murrieta Creek and that it lacked the spirit and the direction that was given. City Clerk June Greek stated that the Murrieta and Temecula Council's action was to adopt the same Resolution as proposed by the City of Murrieta and both Resolutions are identical. She suggested some style modifications to address Mayor MuFioz's concerns. City Manager Dixon suggested that staff bring it back in two weeks. CCMIN5/11/93 -13- 6/l/93 CITY COUNCIL MINUTES MAY 11, 1993 ADJOURNMENT It was moved by Councilmember Parks, seconded by Mayor Pro Tem Roberts, to adjourn at 11:15P.M. Themotionwasunanimouslycarried. The next meeting of the Temecula City Council will be held on Tuesday, May 1 8, 1 993, 7:00 PM, General Plan Public Hearing, at Temecula Community Center, 2881 6 Pujol Street, Temecula, California. The next regular meeting of the Temecula City Council will be held on Tuesday, May 25, 1 993, 7:00 P.M., Temecula Community Center, 28816 Pujol Street, Temecula, California. J. Sal Ouiioz@ayor n Greek, City Clerk CCMIN5/11/93 -14- 6/l/93