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HomeMy WebLinkAbout082493 CC Minutes MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL TUESDAY, AUGUST 24,1993 A regular meeting of the City of Temecula City Council was called to order on Tuesday, August 24, 1 993, 5:34 P.M. at the Temecula Community Center, 2881 6 Pujol Street, Temecula, California, Mayor J. Sal MuPioz presiding. Executive Session It was moved by Councilmember Parks, seconded by Councilmember Stone to adjourn to closed session pursuant to Government Code Sections 54956.9 (c) regarding Dawes vs. City of Temecula and 54956.8 regarding real property negotiation 1) Honda of Temecula located at 27500 Jefferson Avenue/Norm Reeves; 2) Temecula Museum located at 41 954 Main Street/Hampton and Severs; 3) Temecula Auto Mall Sign located at 26631 Ynez Road/Temecula Auto Dealers Association; and 4) Loma Linda Park/Grubaugh and Sons and Section 54956.9 (b) PRESENT: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Muiioz ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager David F. Dixon, Assistant City Manager Harwood T. Edvalson, City Attorney Scott Field, City Clerk June S. Greek. The meeting was reconvened in General Session at 7:20 P.M. Mayor Pro Tem Roberts led the flag salute. INVOCATION The invocation was given by Father Edward Renner, St. Thomas Episcopal Church. PRESENTATIONSI PROCLAMATIONS None PUBLIC COMMENTS Frank Spencer, representing the Board of the Old Town Temecula Merchants Association, advised the Council that the Board has concluded that the policy and regulations pertaining to street vending need to be studied further. Mr. Spencer said that the Old Town Merchants met with staff to discuss the concerns and the possibility of establishing criteria for street CCMIN08/24/93 -1- 8/30/93 CITY COUNCIL MINUTES AUGUST 24, 1993 vendors. Mr. Spencer said that the Old Town Temecula Merchants Association requests no additional permits be issued, for street vending in Old Town, until the concerns are resolved. JoAnn Doren, 39625 Kapalua Way, Temecula, stated that she was concerned that the City Council was unaware of the Planning Commission's approval of the Arco AM/PM Mini-Mart and gas station on Rancho California Road and Ynez Road. Ms. Doren said that many citizens have expressed their concern about the placement of a gas station at this location. Mayor Pro Tem Roberts and Councilmember Stone said they have received several phone calls expressing opposition to the placement of the proposed gas station/mini-mart. Mayor Pro Tem Roberts said he feels all applications requesting the sale of alcohol should be presented to the City Council. Ray Calderon, 27645 Ynez Road, Temecula, representing Chili's Restaurants, advised the Council that Chili's Restaurants is opposed to the placement of this Arco Gas Station and Mini- Mart. Mr. Calderon advised the Council that he never saw a posting on the property and he was advised of the proposed project by customers visiting the Chili's restaurant adjacent to the site. Jeffrey Smith, 24850 Hancock Avenue, Murrieta, advised the Councilmembers of an incident which took place at the Towne Center parking lot near Edwards Cinemas. Mr. Smith said he was approached by two individuals whose hands were concealed and who demanded he turn over his money. Mr. Smith said that he located a sheriff's deputy and advised him of the incident and told him where the individuals were. Mr. Smith said that the officer offered no assistance and took no action. Mr. Smith then called the police department and explained the incident to the watch commander who supported the actions of the deputy patrolling the area. Council directed staff to investigate this incident. Dennis Parkinson, 31 308 Arabasca Circle, Temecula, expressed his concern to the Council regarding the proposed Pechanga Indian Casino and Resort. Philip Hoxsey, 4331 8 Cielo De Azul, Temecula, presented the City Clerk with a referendum petition regarding the Wal-Mart zone change. CITY COUNCIL REPORTS Councilmember Parks stated that he believes he made the proper decision regarding the Wal- Mart zone change and incentive package. Councilmember Birdsall said she feels some of the tax-payers who signed the petition were misinformed and when the facts are explained, the proposal will go forward as approved. Mayor Muiioz advised that he and Mayor Pro Tem Roberts will be meeting with the Pechanga Indian Tribal Council tomorrow at 4:00 P.M. at the Temecula City Hall Main Conference Room. CCMINOB/24/93 -2- 8/30/93 CITY COUNCIL MINUTES AUGUST 24, 1993 CONSENT CALENDAR Councilmember Parks advised that staff has requested Item No. 1 1 be continued. Mayor Pro Tem Roberts stated he will abstain from Item No. 5, due to a conflict of interest, and requested that Item No. 9 be pulled for discussion. Councilmember Stone requested Item No. 5 be pulled for discussion. Mayor Mufioz requested Item No. 8 be pulled for discussion. It was moved by Councilmember Stone, seconded by Councilmember Parks to approve Consent Calendar Items No. 1 - 4, 6, 7, and 10 - 1 2. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Muiioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 1Standard Ordinance Adoption Procedure RECOMMENDATION 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 July 27, 1 993; 2.2Approve the minutes of August 3, 1 993; 3.Resolution Ar)proving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 93-70 CCMIN08/24/93 -3- 8/30/93 CITY COUNCIL MINUTES AUGUST 24, 1993 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4.Chamber of Commerce Agreement RECOMMENDATION: 4.1Approve the FY 1 993-94 agreement with the Chamber of Commerce to provide services and authorize the Mayor and the City Manager to execute the contract. 6.Approval of Contract Award for Plan Review Services RECOMMENDATION: 6.1Approve the award of contract to ESGIL Corporation, as the primary plan review firm to provide complete plan review services to the Building and Safety Department; 6.2Approve the retention of VanDorpe/Chou and Associates, Inc. and Melad and Associates, to support the plan review needs of the City's Building and Safety Department. 7.Amendment to Supplemental Agreement for Use of Community Development Block Grant Funds RECOMMENDATION: 7.1Approve the amendment to the supplemental agreement for the use of Community Development Block Grant Funds. 10.Community Facilities District 88-1 2 - Reimbursement Agreements for Work Performed During the Construction of the Ynez Road Widening Proiect (PW92-05) RECOMMENDATION: 10.1Approve reimbursement agreements with the Rancho California Water District and Kemper Real Estate Management Company for improvements to be constructed by the City's Contractor for the Ynez Road Widening Project PW92- 05. CCMIN08/24/93 -4- 8/30/93 CITY COUNCIL MINUTES AUGUST 24,1993 11.Adoption of Murrieta Creek Area Drainage Plan Fees - Amendment No. 2 (Staff recommends continuing this item to September 14, 1993) RECOMMENDATION: 11.1Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING AMENDMENT NO. 2 TO THE MURRIETA CREEK AREA DRAINAGE PLAN 11.2Adopt an ordinance entitled: ORDINANCE NO. 93-14 AN ORDINANCE OF THE CITY OF TEMECULA AMENDING ORDINANCE NO. 90-04 REGARDING MURRIETA CREEK AREA DRAINAGE PLAN FEES FOR SUBDIVISIONS SECOND READING OF ORDINANCES 12.Second Reading of Ordinance Approving Development Agreement No. 92-1 and Ordinance Ai)proving Change of Zone No. 21 - Linfield School RECOMMENDATION: 12.1Adopt an ordinance entitled: ORDINANCE NO. 93-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING DEVELOPMENT AGREEMENT NO. 92-1 BETWEEN THE CITY OF TEMECULA AND THE LINFIELD SCHOOL FOR A TEN YEAR PERIOD TO ENSURE THE DEVELOPMENT OF THE PROJECT AS SENIOR HOUSING, CONGREGATE CARE FACILITY, SKILLED NURSING, PERSONAL CARE, A NINE HOLE PRIVATE GOLF COURSE AND DEDICATION OF A 2.3 NET ACRE PARCEL TO THE CITY OF TEMECULA FOR A SENIOR CENTER LOCATED NORTH OF PAUBA ROAD, SOUTH OF RANCHO VISTA ROAD AND EAST OF THE TEMECULA VALLEY HIGH SCHOOL 1 2.2 Adopt an ordinance entitled: CCMIN08/24/93 -5- 8/30/93 CITY COUNCIL MINUTES AUGUST 24, 1993 ORDINANCE NO. 93-16 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. 21, CHANGING THE ZONE FROM R-R (RURAL RESIDENTIAL) TO R-3 (GENERAL RESIDENTIAL) ON PROPERTY LOCATED NORTH OF PAUBA ROAD, SOUTH OF RANCHO VISTA ROAD AND EAST OF THE TEMECULA VALLEY HIGH SCHOOL AND KNOWN AS ASSESSOR'S PARCEL NO. 946-070-008 5.Service Authority for Abatement of Abandoned Vehicles City Attorney Scott Field advised that the Service Authority was passed by a majority of the Cities in the County and approved by the Board of Supervisors. He explained if the City wishes to participate this year, they must make an election to do so by September 1 1, 1 993. Mayor Mufioz said that he is opposed to the manner in which establishment of this service authority was accomplished and suggested that the Council send a letter to the state legislature and the League of California Cities regarding this issue. Councilmember Parks said that he also is opposed to the fee collection procedure for the Service Authority and supported the suggestion of a letter protesting this fee imposition in Cities that choose not to participate in the agreement. It was moved by Councilmember Stone, seconded by Councilmember Parks to approve staff recommendation as follows and direct staff to prepare correspondence to both the state legislature and the League of California Cities: RECOMMENDATION: 5.1Adopt a resolution entitled: RESOLUTION NO. 93-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, REQUIRED TO ESTABLISH A SERVICE AUTHORITY FOR ABANDONED VEHICLE ABATEMENT The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Stone, MuF)oz NOES: 0 COUNCILMEMBERS: None CCMINOB/24/93 -6- 8/30/93 CITY COUNCIL MINUTES AUGUST 24, 1993 ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Roberts 8.Consideration of Additional Funding for Extra Work on Proiect No. CSD 92-03, Temecula Old Town Senior Center Mayor Mufioz expressed concern that the City hires professionals to complete a project and costly items are overlooked in the bid preparation, which later costs the City additional funds to complete the project. City Attorney Scott Field advised that there is an arbitration clause in the contract should the City decide that the contractor has performed negligently. Chief Building Official Anthony Elmo advised the Council that the Senior Center project is near completion. It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Parks to approve staff recommendation as follows: RECOMMENDATION: 8.1Approve an operating transfer of $54,200 from the Development Impact Fund to the Capital Projects Fund; 8.2 Appropriate $54,200 to account $210-1 99-801-5804. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, MuFloz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 9.Professional Services Contract Fiscal Year 1 993-94 Video Production Services Mayor Pro Tem Roberts questioned the additional charges for meetings which run past 1 0:00 P.M. Staff indicated that this was a portion of the original contract which should be deleted. David Lines of Daviin concurred with the amendment to the contract. CCMINOB/24/93 -7- 8/30/93 CITY COUNCIL MINUTES AUGUST 24, 1993 it was moved by Councilmember Stone, seconded by Councilmember Roberts to approve staff recommendation as follows: RECOMMENDATION: 9.1Award a professional services contract to Davlin for video production services for fiscal year 1 993-94. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Muiioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Mayor Muiioz declared a recess at 8:10 P.M. The meeting reconvened at 8:20 P.M. COUNCIL BUSINESS 13.Status Report on the Detailed Implementation Strate-gy and Reclional Air Quality Programs Planning Director Gary Thornhill presented the staff report. Director Thornhill advised of the following changes to the Preferred Trip Reduction Methods as follows: - Ridesharing Plans for Employers With 50 - 99 Employees: Staff recommends not adhering to the 50 - 99 employees. -Use of Electric Vehicles: Staff recommends adding alternative fuel vehicles. - Land Use Intensification Related To Transit (Rail) Systems: Include as a preferred trip reduction method. Councilmember Parks asked staff if the program for 50 - 99 employees is deleted, will all city employers be included. CCMIN08/24/93 -8- 8/30/93 CITY COUNCIL MINUTES AUGUST 24, 1993 Director Thornhill stated that the AQMD's Rideshare Plan is for employers of 100 or more. By lowering the requirement to employers of 50 - 99 employees, it could have a detrimental effect on the small business person in terms of preparing a plan. Councilmember Birdsall stated she feels 50 - 99 employees represents a small business and the small businesses in the City cannot handle any more financial burdens. Councilmember Parks questioned why "shuttles" was not included as a preferred method. Director Thornhill agreed that shuttles should be included as a preferred method for Temecula. Mayor Pro Tem Roberts stated that he feels "Enhanced Enforcement For Polluting Vehicles" should be included. He advised that the AQMD funded a program using the California Highway Patrol to work specific areas identifying polluting vehicles but that program has been discontinued. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Roberts to refer this item back to staff for additional review on recommendations on how the City will meet its requirements and determine which of the methods will be considered a priority based on the value of its impact. This is to be placed on the agenda in sixty (60) days. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Muiioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 14.Dial-a-Ride Van Prociram (Placed on the agenda at the request of Mayor Pro Tem Roberts) It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Parks to continue this item for thirty days. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Muiioz NOES: 0 COUNCILMEMBERS: None CCMINOB/24/93 -9- 8/30/93 CITY COUNCIL MINUTES AUGUST 24,1993 ABSENT: 0 COUNCILMEMBERS: None 15.Si)eed Undulations Director of Public Works Tim Serlet presented the staff report. Councilmember Stone said that he feels Calle Pina Colada would be ideal for testing a pilotprogramforspeedundulations. CouncilmemberStonesuggestedthattheCouncil approve reducing the percentage of homeowners signatures required from 75% to 65%. Councilmember Parks said he would like to see the pilot program run for approximately one year to study the repercussions to the City. Jayme Christian, 30762 Calle Pina Colada, Temecula, expressed support of the speed undulations and Calle Pina Colada being used for a pilot program. Roger Johnson, 30702 Calle Pina Colada, Temecula, expressed support for the speed undulations. Mr. Johnson told the Council that the main flow of traffic occurs between 5:00 A.M. and 7:00 A.M. and 5:00 P.M. and 7:00 P.M. Councilmember Stone suggested that the police department increase enforcement in this area during these peak hours. It was moved by Councilmember Stone, seconded by Mayor Pro Tem Roberts to approve staff recommendation to adopt a policy covering the installation of speed undulations in residential neighborhoods in Temecula as recommended by the Public/Traffic Safety Commission, with the modification that 65% of residents signatures will be required for installation or removal requests. The motion was unanimously carried. DEPARTMENTAL REPORTS None CITY MANAGER REPORT None CITY ATTORNEY REPORT None CCMIN08/24/93 -10- 8/30/93 CITY COUNCIL MINUTES AUGUST 24, 1993 ADJOURNMENT it was moved by Councilmember Stone, seconded by Mayor Pro Tem Roberts to adjourn at 9:25 P.M. The next meeting of the Temecula City Council will be held on August 31, 1993, 6:00 PM, Workshop on AD1 59 & AD1 61, Main Conference Room,Temecula City Hall, 43174Business Park Drive, Temecula, California. Workshop meeting: September, 7, 1993, Workshop on Council Norms, 6:00 PM, Main Conference Room, Temecula City Hall, 431 74 Business Park Drive, Temecula, California. Next regular meeting: September 14, 1 993, 7:00 PM, Temecula Community Center, 2881 6 Pujol Street, Temecula, California. J.Sal MuiiozLMayQr/ ATTEST: J@eGreek, City Clerk CCMIN08124/93 -11- 8/30193