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HomeMy WebLinkAbout091493 CC Minutes MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL TUESDAY, SEPTEMBER 14,1993 A regular meeting of the Temecula City Council was called to order on Tuesday, September 14, 1993, 5:30 P.M., at the Temecula Community Center, 2881 6 Pujol Street, Temecula, California, Mayor J. Sal MuFioz presiding. PRESENT: 4 COUNCILMEMBERS: Birdsall, Parks, Stone, Mutioz ABSENT: 1 COUNCILMEMBERS: Roberts Also present were City Manager David F. Dixon, City Attorney F. Scott Field, City Clerk June S. Greek and Recording Secretary Gail Zigler. EXECUTIVE SESSION It was moved by Councilmember Parks, seconded by Councilmember Stone to recess to an executive session pursuantto Government Code Section No. 54956.9(b)in the matter of Zone Change No. PA 93-0043 at 5:30 P.M. The motion was unanimously carried with Mayor Pro Tem Roberts absent. The meeting was reconvened at 7:1 0 P.M. with all members present except Mayor Pro Tem Roberts. INVOCATION The invocation was given by Minister Sofia Sadler, Harvester Church of Temecula. PLEDGE OF ALLEGIANCE The audience was led in the pledge of allegiance by Councilmember Stone. PRESENTATIONS/ PROCLAMATIONS Mayor Mufioz proclaimed September 23, 1993 as Future 2000 Day, a business to business exposition focusing on leadership skills, management techniques for the future, professional selling skills, ideas to improve self-esteem and self-awareness, presented to the Inland Empire Chamber of Commerce. PUBLIC FORUM Ralph Megna, Deputy Director of the City of Riverside Redevelopment Agency, 3900 Main CCMIN09114193 -1- 9/19/93 CITY COUNCIL MINUTES Street, Riverside, provided an overview of the important role museums play in tourism and economic development. CITY COUNCIL REPORTS Councilmember Stone advised that he and his wife will be hosting a champagne brunch open to the public, at his home on Sunday, September 1 9, 1 993. Councilmember Stone said a $50 donation is requested to help fund a permanent location for the Temecula Museum. Mayor Mufioz advised the Council he attended a seminar on the Endangered Species Act and received several materials which will be placed at City Hall for public information. Mayor Mufioz said he invited Brian Lowe to give a presentation to the City Council on what the RCHCA is doing to address endangered species and habitats. CONSENT CALENDAR Mayor Mufioz removed Item No. 5 from Consent Calendar. Councilmember Stone removed Item No. 7 from Consent Calendar and stated he would be voting "NO" on Item No. 1 5. It was moved by Councilmernber Parks, seconded by Councilmember Stone to approve Consent Calendar Items No. 1 - 4, 6, and 8 - 1 7. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Stone, Mufioz NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts 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: CCMIN09/14/93 -2- 9/19/93 SEPTEMBER 14,1993 CITY COUNCIL MINUTES SEPTEMBER 14,1993 2.1Approve the minutes of August 10, 1993; 2.2Approve the minutes of August 24, 1993. 3.Resolution Ar)r)roving List of Demands RECOMMENDATION: 3.1Adopt a resolution entitled: RESOLUTION NO. 93-73 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: 4.1Receive and file the City Treasurer's report as of July 31, 1 993. 6.Adoption of Murrieta Creek Area Drainage Plan Fees - Amendment No. 2 RECOMMENDATION: 6.1Adopt a resolution entitled: RESOLUTION NO. 93-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING AMENDMENT NO. 2 TO THE MURRIETA CREEK AREA DRAINAGE AREA PLAN 6.2 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 93-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ORDINANCE NO. 90-04 REGARDING MURRIETA CREEK AREA DRAINAGE PLAN FEES FOR SUBDIVISIONS CCMIN09/14/93 -3- 9/19/93 CITY COUNCIL MINUTES SEPTEMBER 14,1993 8.FY 1 993-94 Budget Amendments for Disaster Relief RECOMMENDATION: 8.1Approve a budget amendment in the amount of $1 59,107 from the Unreserved General Fund Balance. 9."No Parkinci" Zone on Rancho California Road West of Front Street RECOMMENDATION: 9.1The Public/Traff ic Safety Commission recommends that the City Council adopt a resolution entitled: RESOLUTION NO. 93-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING "NO PARKING" ZONE ON RANCHO CALIFORNIA ROAD WEST OF FRONT STREET 10.Solicitation of Construction Bids for the Bridcie and Street Improvements on Liefer Road at Nicolas Road (PW93-02) RECOMMENDATION: 10.1Approve the construction plans and specifications and authorize the Department of Public Works to solicit public construction bids for the bridge and street improvements on Liefer Road at Nicolas Road (PW93-02). 11.Award of Contract for the Rancho Vista Road Sidewalk Improvements (Proiect No. PW92-12) RECOMMENDATION: 11.1Award a contract for the Rancho Vista Road Sidewalk Improvements, Project No. PW92-1 2, to Gosney Construction Backhoe & Equipment for $26,488.1 0, and authorize the Mayor to execute the contract; 11.2Authorize the City Manager to approve change orders not to exceed the contingency amount of $2,648.81, which is equal to 10% of the contract amount. CCMIN09/14/93 -4- 9/19/93 CITY COUNCIL MINUTES 1 2.Award of Contract for Jefferson Avenue Storm Drain Imr)rovements at Winchester Road (PW 93-01) RECOMMENDATION: 1 2.1 Award a contract for the Jefferson Avenue Storm Drain Improvements, Project No. PW93-01, to Accurate Construction Inc. for $61,084.55,and authorize the Mayor to execute the contract; 1 2.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $6,108.46, which is equal to 10% of the contract amount. 1 3.Renewal of Annual Street Strii)ing Contract FY 93-94 RECOMMENDATION: 1 3.1 Extend the Street Striping Contract with Orange County Striping and Stenciling, Inc. for a period of one year (September 29, 1 994) and authorize the Mayor to execute contract. 14.Comi)letion and Acceptance of Margarita Road Interim Improvements - Proiect No. PW92-04 RECOMMENDATION: 14.1Accept the street improvements on Margarita Road from Winchester Road to Solona Way, Project No. PW92-05, as complete and direct the City Clerk to: File the Notice of Completion, release the Performance Bond, and accept a twelve (1 2) month Maintenance Bond in the amount of 10% of the contract; Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. 1 5.Contract Amendment No. 4 to Community Facilities District 88-1 2 Engineerinci Services Contract with J.F. Davidson Associates, Inc. RECOMMENDATION: 1 5.1 Approve Contract Amendment No. 4 to provide additional engineering services for CFD 88-1 2 by J.F. Davidson Associates, Inc. in the amount of $32,676.00. CCMIN09/14/93 -5- 9119193 SEPTEMBER 14,1993 CITY COUNCIL MINUTES SEPTEMBER 14,1993 The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Parks, Muiioz NOES: 1 COUNCILMEMBERS: Stone ABSENT: 1 COUNCILMEMBERS: Roberts 16.Substitution of Improvement Bonds in Tract No. 23267-4 RECOMMENDATION: 1 6.1Acceptsubstitute Surety Bondsforthe improvementof streets, drainage, sewer and water systems, survey monuments, and for Labor and Materials as substitutes for bonds submitted to City Council on December 10, 1 991, for Final Revised Vesting Tract No. 23267-4 and to direct the City Clerk to release the original bonds. 17.Contract Change Orders for Ynez Road Wideninci Proiect, PW92-05, CFD 88-1 2 - RECOMMENDATION: 1 7.1Approve Contract Change Order No. 1 2, 13, 1 5 and 1 6 for Ynez Road Widening Project, PW92-05 for labor and equipment for various items of work, in the amount of $39,425.78. 5.Resolution Authorizing City Regulation of Rates Charged for the Basic Tier of Cable Television Service City Attorney Scott Field presented the staff report. Mayor Mufioz asked if staff has an objective with regards to the rates at this time. Attorney Field said that Inland Valley Cable has already enacted an adjustment of its rates in conjunction with the regulation. It was moved by Councilmember Parks, seconded by Councilmember Stone to approve staff recommendation as follows: 5.1Adopt a resolution entitled: RESOLUTION NO. 93-74 ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CA, CCMIN09114/93 -6- 9/19/93 CITY COUNCIL MINUTES AUTHORIZING CITY REGULATIONS OF THE RATES CHARGED FOR THE BASIC TIER OF CABLE TELEVISION SERVICE; AND AUTHORIZING STAFF TO DO ALL THAT IS NECESSARY TO INITIATE RATE REGULATION, INCLUDING WITHOUT LIMITATION, OBTAINING FCC CERTIFICATION The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Stone, Mufioz NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts 7.Enforcement of Decorum at City Council Meetings City Clerk June Greek advised that the policy and procedures were prepared at the request of the Chief of Police. She said other contract cities have established policies, which she and the City Attorney reviewed prior to drafting the policies that are before the Council. Pat Kellar, 39201 Salinas Drive, Temecula, said that she was in attendance at a recent meeting where the discussion got out of control. Ms. Kellar said she feels that the citizens should be able to express their concerns and frustrations and suggested the Council consider holding an Town Hall meeting open to the citizens. It was moved by Councilmember Parks, seconded by Councilmember Stone to approve staff recommendation as follows: RECOMMENDATION: 7.1Approve a Policy and Procedure to provide for the orderly enforcement of decorum at City Council Meetings. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Stone, Muhoz NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts SEPTEMBER 14,1993 CCMIN09/14/93 -7- 9/19/93 CITY COUNCIL MINUTES PUBLIC HEARINGS SEPTEMBER 14,1993 18.Ar)r)eal of Planning Commission Denial of TentativeTract Mar) 25338,AmendmentNo. 1 - A 28 Unit Condominium Proiect on 2.56 Acres City Manager David Dixon advised Council the applicant has submitted a letter requesting a continuance for thirty days. Mr. Dixon stated the property in question is currently in foreclosure. It was moved by Councilmember Parks, seconded by Councilmember Birdsall to open the public hearing at 7:55 P.M. and continue Appeal of Planning Commission Denial of Tentative Tract Map 25338, Amendment No. 1 to the meeting of October 1 2, 1 993. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Stone, MuFioz NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts Mayor Mufioz declared a recess at 8:00 P.M. The meeting reconvened at 9:00 P.M. following the TemeculaCommunityService District and thetemecula RedevelopmentAgency meetings. COUNCIL BUSINESS 19.Sr)eed Undulations Rer)ort - Calle Pina Colada Councilmember Birdsall stepped down due to the close proximity of her personal residence. Public Works Director Tim Seriet presented the staff report. Mayor MuFioz advised that letters of opposition were received from four individuals as follows: Don James, Calle Pina Colada Robert Wolf, Calle Pina Colada Debra Parnaque, Paseo Serno Bob Goldsmith, Avenida Del Sol Jayme Christian, 30762 Calle Pina Colada, Temecula, provided a video presentation CCMIN09/14/93 -8- 9/19/93 CITY COUNCIL MINUTES of the traffic patterns on Calle Pina Colada. Ms. Christian asked for the Council's approval of speed undulations for Calle Pina Colada. Heather Johnson, 30702 Calle Pina Colada, Temecula, expressed her support for the Council's approval of the speed undulations. Ms. Johnson said she feels that Kahwea should be opened and Calle Pina Colada closed. The following individuals were present to express support of staff's recommendation however, gave up their time for public comment to the presentation by Ms. Christian: Phil Hoxey, 43318 Cielo De Azul, Temecula Pamela Hoenig, 30677 Calle Pina Colada, Temecula Sam Cuckovich, 30767 Calle Pina Colada, Temecula Laura Upton, 30869 Calle Pina Colada, Temecula Terry Cordell, 41 284 Bravos Court, Temecula, expressed support for staff's recommendation. Peter Huhn, 30879 Calle Pina Colada, Temecula, expressed support for staff's recommendation. Joe Pribanic, 30929 Calle Pina Colada, Temecula expressed opposition to the speed undulation proposal for Calle Pina Colada. It was moved by Councilmember Stone, seconded by Councilmember Parks to approve the installation of speed undulations on Calle Pina Colada between Del Rey Road and La Serena Way based on staff's recommendation. The motion carried as follows: AYES:3 COUNCILMEMBERS: Parks, Stone, Mufioz NOES:0 COUNCILMEMBERS: None ABSTAIN:1 COUNCILMEMBERS: Birdsall ABSENT:1 COUNCILMEMBERS: Roberts Mayor Mufioz declared a recess at 9:35 P.M. The meeting reconvened at 9:40 P.M. SEPTEMBER 14, 1993 25.Proposed Lease - Temecula Town Association CCMIN09/14/93 -9- 9/19/93 CITY COUNCIL MINUTES Councilmember Birdsall stepped down due to a potential conflict of interest. City Manager David Dixon presented the staff report and asked the Council to refer the proposed lease between the City and the Temecula Town Association to staff for negotiation and resolution of competing requests for continued use of the Northwest Sports Park. Councilmember Stone said that he would like staff to expedite the discussions and bring this item back to the Council as soon as possible. Councilmember Stone suggested staff might consider a permanent facility at this location with bleachers and show grounds, etc., so that there is not a duplication of these items at every event. City Manager Dixon advised that staff has talked about developing a Master Plan for that site, however, the Flood Control Department is looking at this site as a retention basin which may effect the placement of permanent facilities on the property. Councilmember Parks said he feels the Community Services Director should be included in future discussions. Rusty Hoenig, 28570 Red Gum Drive, Lake Elsinore, president of the Temecula Town Association, said that time is of the essence and asked to be included in the discussions. Aggie Goodacre, 28760 Red Gum Drive, Lake Elsinore, representing the Temecula Town Association, expressed concern that the TTA will be assured a site to hold future events. Mayor Mufioz said he feels staff should understand that the Council does not support the TTA having veto power over the ultimate design of this facility however, their input will be considered. City Manager David Dixon said staff will provide a progress report at the October 26, 1 993 City Council meeting. 20.Consideration of a Recycled Products Purchasin-q Policy Finance Officer Mary Jane McLarney presented the staff report. The Council was unanimously supportive of the policy. Councilmember Birdsall suggested that a list of recyclable products be distributed to the public to encourage their participation in the recycling program. Mayor Mufioz said he feels this can become an award winning program through staff's efforts. Mayor MuFioz said he has suggested that the City of Temecula encourage recycling businesses to locate in the community. CCMIN09/14/93 -10- 9/19/93 SEPTEMBER 14,1993 CITY COUNCIL MINUTES SEPTEMBER 14,1993 Councilmember Parks suggested the City could set up a local prize program for companies which can creatively advertise the recycling concept. Ken Dodd, Final Touch Marketing, advised that the State Department has given a list of companies throughout the state who participate in recycling products. Mr. Dodd said this information should be advertised to the local companies. It was moved by Councilmember Stone, seconded by Councilmember Parks to approve staff recommendation as follows: 20.1 Consider a Recycled Products Purchasing Policy and provide direction to staff. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Stone, Muiioz NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts It was moved by Councilmember Parks, seconded by Councilmember Stone to extend the meeting at 1 0:00 P.M. to 10:30 P.M. The motion was unanimously carried with Mayor Pro Tem Roberts absent. 21.Designation of Voting Delegate for the National League of Cities Annual Congress It was moved by Councilmember Stone, seconded by Councilmember Parks to approve the attendance at the National League Congress of Mayor Mufioz and Councilmember Birdsall, designating Mayor Mufioz as voting representative and Councilmember Birdsall alternate. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Stone, Mufioz NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts 22.Discussion of Api)roval Authority Matrix It was moved by Councilmember Birdsall, seconded by Councilmember Parks to continue the discussion of the Approval Authority Matrix to the meeting of September CCMIN09/14/93 -11- 9/19/93 CITY COUNCIL MINUTES 28, 1993, to allow Mayor Pro Tem Roberts to participate in the discussions. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Stone, Muhoz NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts 23.Report on the Public Noticinci Process for PA93-0089, Conditional Use Permit for an Arco AM\PM Gas Station and Mini-Mart Located at 28231 Ynez Road Planning Director Gary Thornhill presented the staff report. Councilmember Parks said his concern is to get more media coverage of the controversial issues prior to Planning Commission hearings. City Manager Dixon suggested a display ad in 3 or 4 of the local papers to inform the public of up-coming controversial issues. Councilmember Stone asked the City Attorney to research whether the City could extend the appeal period from ten (10) days to thirty (30) days. Mayor Muiioz said he feels if City should go beyond the minimum limits of notification of the property and properly posting the property with something the public can read as they are driving by the subject property. City Clerk June Greek advised the Council that the City is not legally required to place notices on the property, however, the City has adopted a policy to notice by posting a sign on the subject property. Ms. Greek advised the Council these signs have recently been redesigned with larger lettering and all notices will be secured under a plexi-glass cover. It was moved by Councilmember Parks, seconded by Councilmember Stone to approve staff recommendation to receive and file and directed staff to return at a later date with a report addressing other suggested noticing methods. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Stone, MuFioz NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts CCMIN09/14/93 -12- 9/19/93 SEPTEMBER 14, 1993 CITY COUNCIL MINUTES SEPTEMBER 14,1993 24.Status Rer)ort on the Re -gulation of Vendinc Carts It was moved by Councilmember Parks, seconded by Councilmember Stone to continue this item to the meeting of 9/28/93. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Stone, Mufioz NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts CITY MANAGER REPORT None CITY ATTORNEY REPORT None ADJOURNMENT It was moved by Councilmember Stone, seconded by Councilmember Parks to adjourn at 10:40 P.M. The motion was unanimously carried with Mayor Pro Tem Roberts absent. A General Plan Public Hearing will be held on Tuesday, September 21, 1993, at 7:00 PM, Temecula Community Center, 2881 6 Pujol Street, Temecula, California. The next regular meeting of the Temecula City Council will be held on Tuesday, September 28, 1 993, 7:00 PM, Temecula Community Center, 2881 6 Pujol Street, Temecula, California. Mayor J.( ATTEST: J S Greek, City C CCMIN09/14/93 -13- 9/19/93