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HomeMy WebLinkAbout092893 CC Minutes MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL TUESDAY, SEPTEMBER 28,1993 A regular meeting of the City of Temecula City Council was called to order on Tuesday, September 28, 1 993, 7:1 5 P.M., at the Temecula Community Center, 2881 6 Pujol Street, Temecula, California. Mayor J. Sal Muiioz presiding. PRESENT: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, MuFioz ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager David F. Dixon, Assistant City Manager Harwood Edvalson, City Attorney Scott F. Field, City Clerk June S. Greek and Recording Secretary Gail Zigler. EXECUTIVE SESSION A meeting of the City of Temecula City Council was called to order at 5:30 P.M., Pursuant to Government Code Section 54956.9(b) - Zone Change 93-0043, it was moved by Councilmember Parks, seconded by Councilmember Stone to adjourn to Executive Session at 5:32 P.M. The meeting was reconvened at 7:10 P.M. in regular session with all members present. INVOCATION The invocation was given by Associate Pastor Pat Dezort, World Harvest Outreach. PRESENTATIONS/ PROCLAMATIONS A Certificate of Achievement for Excellence in Financial Reporting was presented to the City of Temecula from the Government Finance Officers Association for fiscal year 1 992. City Manager David Dixon commended Finance Officer Mary Jane McLarney and her staff on receiving this recognition. PUBLIC COMMENT Mike Thesing, 30291 Via Brisa, Temecula, representing the Old Town Temecula Merchant's Association, requested the City Council approve a grant in the amount of $24,000f or the cost of a one year lease for the Old Town Temecula billboard. Frank Spencer, representing the Old Town Temecula Merchant's Association, asked for the City Council's support in granting funds to pay for the billboard advertising Old Town Temecula. Mr. Spencer also asked the City to add Old Town Temecula to the City's kiosk sign program. CCMIN09/28/93 -1- 10/05/93 CITY COUNCIL MEETING MINUTES SEPTEMBER 28, 1993 CITY COUNCIL REPORTS It was moved by Councilmember Parks, seconded by Mayor Pro Tem Roberts to add Environmental Reports for the Pechanga Reservation Development to the agenda on the basis of an urgency which arose after publication of the agenda. The motion was unanimously carried. Councilmember Stone advised he had a meeting with the District Representative for Senator Ron Packard's office and the topic of discussion was the proposed Pechanga Indian Casino. Councilmember Stone said the proponents are proposing an Environmental Assessment in lieu of the Environmental Impact Study. Councilmember Stone asked the Councilmembers to support sending a letter to federal officials requesting a complete E.I.S. on the proposed project. Mayor Mufioz suggested the Pechanga Tribe be advised of this action prior to sending any letters. Planning Director Gary Thornhill said the letter should refer to the potential negative impacts of the proposed project on the community rather than request an E.I.S. It was moved by Councilmember Parks, seconded by Councilmember Stone to direct staff to prepare appropriate letters to Congressman Packard requesting that a full Environmental Impact Study be prepared for the proposed development on the Pechanga Indian Reservation, to be signed by the Mayor and further, to direct staff to advise the Pechanga Tribal Council of this action. The motion was unanimously carried. Councilmember Parks stated he attended a conference of California Contract Cities and a guest speaker from Sacramento forecasted the deficit problems for the state will continue for the next year. Councilmember Parks said it was stated that the governor is forming a committee to evaluate the responsibilities of cities vs. counties vs. states, and Councilmember Parks suggested the City get further information on this matter. Mayor Mui5oz, announced that as a Member of the Board for the Riverside Transit Agency,_he met recently and one of the items on the agenda was renewal of the contract for Route 23. Mayor Muiioz advised the RTA will be requesting bids to include the Murrieta Dial-A-Ride. CONSENT CALENDAR Mayor Pro Tem Roberts removed Item No. 12 from the Consent Calendar for discussion. Mayor Muiioz removed Item No. 13 from the Consent Calendar for discussion. CCMIN09/28/93 -2- 10/05/93 CITY COUNCIL MEETING MINUTES SEPTEMBER 28, 1993 Councilmember Parks questioned if Item No. 7, establishing a Petty Cash Fund, was for only one City Department. Mary Jane McLarney, Finance Officer, advised him that this fund is used by all departments with the exception of Community Services which has a separate Petty Cash Fund. It was moved by Councilmember Parks, seconded by Councilmember Stone to approve Consent Calendar Items 1 - 1 1, 14 and 1 5, with Item No. 6 continued at staff's request. The motion was unanimously carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Munoz 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: 2.1 Approve the minutes of August 1 7, 1993; 2.2 Approve the minutes of August 31, 1993; 3.Resolution Approving List of Demands RECOMMENDATION: 3.1Adopt a resolution entitled: RESOLUTION NO. 93-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A CCMIN09/28/93 -3- 10/05/93 CITY COUNCIL MEETING MINUTES SEPTEMBER 28, 1993 4.Combining Balance Sheets as of June 30, 1 993 and the Statement of Revenues Expenditures and Changes in Fund Balance, and the Statement of Revenues, Expenses and Changes in Retained Earnings for the Year Ended June 30, 1 993 RECOMMENDATION: 4.1Receive and file the Combining Balance Sheets as of June 30, 1993 and the Statement of Revenues, Expenditures and Changes in Fund Balance, and the Statement of Revenues, Expenses and Changes in Retained Earnings for the Year Ended June 30, 1 993. 5.Resolution to Particir)ate in the Alternative Method for Distribution of Tax Levies and Collections and of Tax Sale Proceeds Adopted by the County of Riverside RECOMMENDATION: 5.1Adopt a resolution entitled: RESOLUTION NO. 93-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MADE PURSUANT TO SECTION 4715 OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AGREEING TO PARTICIPATE IN THE ALTERNATIVE METHOD FOR DISTRIBUTION OF TAX LEVIES AND COLLECTIONS AND OF TAX SALE PROCEEDS ADOPTED BY THE COUNTY OF RIVERSIDE 6.Adoption of Travel Policy RECOMMENDATION: 6.1 Continue to the meeting of October 1 2, 1 993 7.Resolution Establishing Petty Cash Fund for the City of Temecula RECOMMENDATION: 7.1Adopt a resolution entitled: RESOLUTION NO. 93-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A "PETTY CASH" FUND CCMIN09/28193 -4- 10/05/93 CITY COUNCIL MEETING MINUTES SEPTEMBER 28, 1993 8.Final Vestinci Tract Mar) No. 26861-F RECOMMENDATION: 8.1Approve Final Vesting Tract Map No. 26861 -F subject to the attached Conditions of Approval. 9.Final Vesting Tract Mar) No. 231 25-1 RECOMMENDATION: 9.1Approve Final Vesting Tract Map No. 231 25-1 subject to the attached Conditions of Approval. 10.Access to State and Local Summary Criminal History Information RECOMMENDATION: 10.1Adopt a resolution entitled: RESOLUTION NO. 93-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING ACCESS TO SUMMARY CRIMINAL HISTORY INFORMATION THROUGH FINGERPRINT CHECKS 11.Vacation of a Portion of Second Street RECOMMENDATION: 11.1Adopt a resolution entitled: RESOLUTION NO. 93-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA OF NOTICE OF INTENTION TO VACATE A PORTION OF SECOND STREET SOUTHWESTERLY OF FRONT STREET AND SETTING A PUBLIC HEARING THEREON PURSUANTTO THE AUTHORITY PROVIDED BY CHAPTER 3, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAYS CODE CCMIN09128/93 -5- 10/05/93 CITY COUNCIL MEETING MINUTES SEPTEMBER 28,1993 14.Community Facilities District 88-1 2, Reimbursement A-greements for Work Performed During the Construction of Ynez Road Widening Proiect (PW92-05) RECOMMENDATION: 14.1Approve a reimbursement agreement with Rancon Realty Limited Partnership for improvements to be constructed by the City's Contractor for the Ynez Road Widening Project PW92-05, in the amount of $27,769.27. 15. Lease of Shared Yard Facility for Public Works and Community Services Departments RECOMMENDATION: 1 5.1Approve the lease agreement between Richard Gabriel and the City of Temecula, for property located at 28763 Front Street (corner of Front and lst Street) for use as a combined public works and community services department maintenance yard; and authorize the Mayor to execute the agreement. 12. Award of Contract for Puiol St. and First St. Street Widening (Proiect No. PW92-09) Mayor Pro Tem Roberts expressed concern with approving this item, based on the statements made in a letter from A.L. Chavez Enterprises, referring to a bid requirement that attendance at the pre-bid conference was mandatory. The letter further stated the low bidder was not present at that conference. Councilmember Stone expressed the same concerns. Director of Public Works Tim Serlet said attendance at the pre-bid conference is typically not mandatory, nor is it a state or federal law, however, it was a part of this bid package. City Attorney Scott Field suggested the Council reject all bids submitted and request new bids. It was moved by Councilmember Stone, seconded by Mayor Pro Tem Roberts to reject all bids received for Project No. PW92-09 and start the bid process over as soon as possible, correcting any ambiguities that have become part of this bid procedure. The motion was unanimously carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mufioz CCMIN09/28/93 -6- 10105/93 CITY COUNCIL MEETING MINUTES SEPTEMBER 28, 1993 NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 13.Contract Change Orders No. 14, and 1 7 through 20 for Ynez Road Widenin-q Prowect, PW92-05, CFD88-12 Mayor Mufloz expressed concern regarding the number of change orders processed through CFD88-1 2. Mayor MuFioz said he feels any errors which are made, that result in a change order, should be paid for by the party responsible for generating the change order. Director of Public Works Tim Seriet explained those parties responsible for generating the change orders have agreed to pay their portion of the costs. It was moved by Mayor Mufioz, seconded by Councilmember stone to approve staff recommendation for Consent Calendar Item No. 1 3 as follows: RECOMMENDATION: 13.1Approve Contract Change Orders No. 14, and 1 7 through 20 for Ynez Road Widening Project, PW92-05 for labor and equipment for various items of work, in the amount of $76,703.33. The motionwas unanimously carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mufioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None PUBLIC HEARINGS 1 7.Appeal of Planning Commission Approval of PA93-0009, Tentative Parcel Mar) No. 25059, First Extension of Time and PA93-0010, Plot Plan No. 34, First Extension of Time - Crystal Ridge - Mayor Muiioz opened the public hearing at 7:45 P.M. There being no requests to speak, the public hearing was continued. It was moved by Councilmember Parks, seconded by Councilmember Stone to continue CCMIN09/28/93 -7- 10/05/93 CITY COUNCIL MEETING MINUTES SEPTEMBER 28.1993 Appeal of Planning Commission Approval of PA93-0009, Tentative Parcel Map No. 25059, First Extension of Time and PA93-0010, Plot Plan No. 34, First Extension of Time - Crystal Ridge to the meeting of October 26, 1993. The motion was unanimously carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Muiioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 1 6.Resolution Amending Expenditure of Tax Increment Funds of The Redevelopment Agency for Construction of Senior Citizen Center Finance Officer Mary Jane McLarney presented the staff report. 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 Mayor Pro Tem Roberts to close the public hearing at 7:50 P.M. and approve staff recommendations as follows: RECOMMENDATION: 1 6.1Adopt a resolution entitled: RESOLUTION NO. 93-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE EXPENDITURE OF TAX INCREMENT FUNDS OF THE REDEVELOPMENT AGENCY FOR THE CONSTRUCTION OF A SENIOR CITIZEN CENTER IN A REDEVELOPMENT AREA The motion was unanimously carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mufioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CCMIN09/28/93 -8- 10/05/93 CITY COUNCIL MEETING MINUTES SEPTEMBER 28, 1993 COUNCIL BUSINESS 19.Certification of Referendum Petitions City Clerk June Greek presented the staff report and recommended the following: RECOMMENDATION: 1 9.1Receive and file the City Clerk's Certificate of Sufficiency; 1 9.2Provide instruction to staff on the desired future course of action. It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Birdsall to approve staff recommendation 19.1 and to repeal Ordinance No. 93-1 3. The motion was unanimously carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, MuFloz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was movedby Councilmember Stone, seconded by Mayor Pro Tem Roberts to read by title onlyOrdinance No. 93-1 7 and waive further reading. ORDINANCE NO. 93-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING ORDINANCE NO. 93-13. The motion was unanimously carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mufloz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None John Dedovich, 39450 Long Ridge Drive, Temecula, stated he feels the City Council should have performed a public survey prior to proceeding with their previous action on Wal Mart. Bryan Noreen, 30831 Red River Circle, Temecula, General Manager of Kemper CCMIN09128/93 -9- 10/05/93 CITY COUNCIL MEETING MINUTES SEPTEMBER 28, 1993 Community Development Company, advised the Council that Kemper believes the petition, which was submitted, is legally insufficient and invalid, is inconsistent with the proposed General Plan and inconsistent with the findings of the Planning Commission and the City Council. Mr. Noreen said Kemper feels the commercial zoning is appropriate for this parcel. Councilmember Parks said the City needs to encourage major retail users to come to the City to help pay for the infrastructure improvements the City needs. Councilmember Parks said although he feels the project and the approval for zone change was done in the best interest of the community, he supports the motion because of the efforts of the citizens who obtained the necessary signatures and the will of those who signed the petitions opposing the City Council's action. Mayor Muiioz declared a recess at 8:10 P.M. The meeting was reconvened at 8:50 P.M. following the Temecula Community Services District and Redevelopment Agency meetings. 1 8. Status Report on Vending Carts Mayor Mufioz stepped down due to a potential conflict of interest. Planning Director Gary Thornhill presented the staff report. Councilmember Birdsall stated she feels use of vending carts as a marketing tool will increase in the future. She said she has spoken with many of the merchants in Old Town and they have indicated they do not have a problem with the vending carts and some feel they stimulate interest in Old Town. Robert Lord, 301 20 Pechanga Drive, Temecula, Property Manager of Butterfield Square, said he was originally opposed to the vending carts because he felt they represented unfair competition with shop owners and tenants, however, he has changed his thoughts and is currently constructing two vending carts to be used in the Butterfield Square Plaza to enhance those businesses in the center. Frank Spencer, President of the Old Town Merchants Association, said a survey was done and a majority of the shop owners expressed concern about the vending carts. Mr. Spencer said he agrees that the carts could enhance the area, however, he feels there needs to be stricter standards on their operation. Mr. Spencer suggested the City could construct carts, finance the carts through the Main Street program and lease them. Mr. Spencer said he feels there should be a limit on the number of carts to be operated on any property and in the Old Town area. Audrey Hicks, 28636 Front Street #100, Temecula, expressed opposition to the vending carts in Old Town at this time. Ms. Hicks said she feels the standards should be established before any other carts are allowed to operate in the City. CCMIN09/28/93 -10- 10/05/93 CITY COUNCIL MEETING MINUTES SEPTEMBER 28,1993 City Attorney Scott Field said there have been inconsistencies in the past and suggested until adoption of the Old Town Specific Plan, staff permit no additional vending carts without a special event permit. It was moved by Councilmember Parks, seconded by Councilmember Birdsall to direct staff to review the current policies for street vendors and require a special event permit and a business license for all vending cart applications and direct staff to re-evaluate street vendor uses under the Old Town Specific Plan. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Muiioz 21.Community Services Commission Ar)pointment City Clerk June S. Greek presented the staff report. Councilmember Parks stated that Commissioner Hillin has worked very hard on the Community Services Commission and he would like the Council to formally recognize his participation. It was moved by Councilmember Birdsall, seconded by Councilmember Stone to approve staff recommendation and direct staff to arrange for a presentation to Commissioner Hillin at the October 1 2, 1 993 City Council meeting. RECOMMENDATION: The motion was unanimously carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mufioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 22.Consideration of Funding Request for Local Health Clinic Si)onsored by Shari) Hospital of Murrieta CCMIN09/28/93 -11- 10105/93 CITY COUNCIL MEETING MINUTES SEPTEMBER 28,1993 (Placed on the agenda at the request of Mayor Mufioz) Mayor Mufioz introduced Jerrold Novotney of Sharp Healthcare, who presented the City Council with a report on the health care needs in the community. Mr. Novotney said that currently there is a facility in the County Administrative Center in Temecula which is not occupied due to budget constraints. He said the County has agreed to provide that facility at no cost. Mr. Novotney outlined the services to be provided as follows: general medical, perinatal services, well-child exams, pediatric specialty care, pregnancy counseling/gynecology, preventative services and nutrition counseling. Mr. Novotney asked the Council to provide financial assistance to Sharp Healthcare in the start-up cost of this facility in the amount of $35,000. Mr. Novotney said Sharp has agreed to contribute $50,000and Supervisor Buster has agreed to contribute $50,000. A request for $22,000 will be presented to the City of Murrieta. Mr. Novotney said that several of the local service clubs have agreed to provide fund raisers to create funding for the facility. The doctors have agreed to donate their time at the clinic. Mr. Novotney added that if the communities agree to participate, the Irvine based operation will match those funds. Johnathon Hunter, Chief Operations Officerforthe Episcopal CommunityServices, said the primary reason for the up-front money was to provide operating cash until the billing sources generated income. As a whole, the Council expressed their strong support of the program. It was moved by Councilmember Parks, seconded by Councilmember Stone to approve a $35,000 allocation for a grant from the City of Temecula to facilitate establishment of a health clinic in partnership with Sharp Hospital, Episcopal Community Services, the County of Riverside, City of Murrieta and other Community participants. The motion was unanimously carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mufioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 20.Discussion of Approval Matrix (Continued from the meeting of 9/14/93) It was moved by Councilmember Stone, seconded by Councilmember Parks to continue this item to the meeting of October 1 2, 1 993. CCMIN09/28/93 -12- 10/05/93 CITY COUNCIL MEETING MINUTES SEPTEMBER 28,1993 The motion was unanimously carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mufioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None DEPARTMENTAL REPORTS None CITY MANAGER REPORT None CITY ATTORNEY REPORT None ADJOURNMENT It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Stone to adjourn at 1 0:00 P.M. The next regular meeting of the Temecula City Council will be held on Tuesday, October 1 2, 1 993, 7:00 PM, at the Temecula Community Center, 2881 6 Pujol Street, Temecula, California. tl Mayor 0. Sal tvfuiioz ATTEST: J ne . Greek, City t err CCMIN09/28/93 -13- 10/05193