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HomeMy WebLinkAbout101293 CC Minutes MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD OCTOBER 12,1993 A regular meeting of the City of Temecula City Council was called to order on Tuesday, October 12, 1993, 7:20 P.M., at the Temecula Community Center, 28816 Pujol Street, Temecula, California. Mayor J. Sal Muiioz presiding. PRESENT: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Munoz 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 Temecula City Council was called to order at 5:45 PM. It was moved by Councilmember Parks, seconded by Councilmember Stone to adjourn to Executive Session pursuant to Government Code Section 54956.9(a) to discuss pending litigation regarding Pechanga Tribal Council vs. the City of Temecula; City of Temecula vs. McDowell; Dawes vs. City of Temecula Redevelopment Agency and 54956.9(b). The motion was unanimously carried. The meeting was reconvened at 7:20 P.M. in regular session with all members present. City Attorney Scott Field advised the Council discussed real property negotiations concerning Donna Reeves, Honda of Temecula and the Bank of California property, Rancho core area, during executive session. INVOCATION The invocation was given by Assistant City Manager Harwood Edvalson. FLAG SALUTE Mayor Pro Tem Roberts led the flag salute. PRESENTATIONSI PROCLAMATIONS A Certificate of Appreciation was presented to Community Services Commissioner William D. Hillin for serving on as a Commissioner for the past four years. The Certificate was accepted for Commissioner Hillin by his wife. Mayor MuFioz proclaimed October 1 5, 1 6 and 1 7, 1 993, "Help Retarded Children Days", sponsored by the Knights of Columbus local chapter. A "Tootsie Roll" drive will be sponsored CUMIN/1 2/93 -I- 10/24/93 CITY COUNCIL MINUTES OCTOBER 12,1993 by the Knights of Columbus during these dates to raise funds for retarded children. The proclamation was accepted by John Dedovich on behalf of the Knights of Columbus. Mayor Mufioz proclaimed the month of October, 1 993 as "Domestic Violence Awareness" month. The proclamation was accepted by Beverly Speak and Karen Redfield on behalf of the local domestic violence office, Alternative to Domestic Violence. Peter Archuleta, representing the Eastern Municipal Water District, provided the Council with an introduction to the Santa Margarita/San Luis Rey (SM/SLR) Watershed Agency and invited the City to become a member of this agency. Mr. Archuleta outlined the present agency members, the Mission Statement, organizational structure, SM/SLR watershed and the JPA structure. Councilmember Parks asked staff to prepare a report and place this item on a future agenda for Council discussion. PUBLIC COMMENT Howard Omdahl, 45850 Via Vaquero, Temecula, stated he supports the Old Town proposal by Zev Buffman and encouraged the City Council to approve Consent Calendar Item No. 5, the Memorandum of Understanding. Mr. Omdahl advised the Council the Southwest Museum is planning an expansion and is currently looking for a site having future tourist growth and an area that has extensive Indian culture to build a new museum. Mr. Omdahl said there is interest in the City of Temecula and asked the Council to put together a package encouraging the museum to move to Temecula. Pat Keller, 39201 Salinas Drive, Temecula, advised the Council she is a member of the Transportation Now Coalition in Riverside. Ms. Keller asked the Council to nominate five or six individuals to serve on a task force committee to address transportation issues. Ms. Keller said she will be requesting that Murrieta appoint committee members also. Councilmember Parks suggested each Councilmember submit one name and the file of previous applicants to the Traffic Commission be used for referrals. Robert Scott, 30350 Santa Cecilia Drive, Temecula, informed the Council that the Temecula Valley Republicans Group will be sponsoring a candidates forum for the Temecula Valley School District Govenoring Board on October 21, 1993, 7:00 P.M. at the Temecula Community Center. CITY COUNCIL REPORTS Councilmember Birdsall advised she has received notification from the State Compensation Insurance Fund Office regarding imposters performing illegal workmen compensation audits on businesses. CUMIN/I 2193 -2- 10/24/93 CITY COUNCIL MINUTES OCTOBER 12,1993 Councilmember Birdsall asked staff to provide an advance schedule for the November and December meetings to allow for holiday scheduling. Councilmember Stone advised he attended a meeting on "Visual Terrorism" which he felt was very informative. Councilmember Stone said legislation should be going to the State Senate in the next month. CONSENT CALENDAR Mayor Pro Tem Roberts removed Item Nos. 6, 1 0 and 1 1 from the Consent Calendar for discussion. Mayor Muiioz removed Item No. 5 from the Consent Calendar for discussion. Councilmember Stone abstained from Consent Calendar Item No. 9. It was moved by Councilmember Stone, seconded by Councilmember Parks to approve Consent Calendar Items 1 - 4, 7 - 9, and 1 2, with Councilmember Stone abstaining from Item N o. 9. The motion carried unanimously as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, MuFioz 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 September 14, 1 993. CUM IN/ 1 2/93 -3- 10/24/93 CITY COUNCIL MINUTES OCTOBER 12,1993 3.Resolution Aor)rovinci List of Demands RECOMMENDATION: 3.1Adopt a resolution entitled: RESOLUTION NO. 93-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4.Annual Street Maintenance Contract - Reiection of Bids RECOMMENDATION: 4.1In accordance with the contract documents, reject all bids for the annual Street Maintenance Contract and direct staff to continue using the City's established purchasing procedures modified as attached to perform daily street maintenance. 7.Award Contract to Pave Easement Access Roads and Repair P.C.C. Sidewalks at Via Lobo Channel RECOMMENDATION: 7.1Award a contract for paving an access road and repairing P.C.C. sidewalk at Via Lobo Channel to Nelson Paving and Sealing, the lowest responsible bidder, for the sum of $19,930.00. 8.Award Contract to Construct a Single Concrete Box Culvert at 28960 Ynez Road RECOMMENDATION: 8.1Award contract for construction of a single concrete box culvert located at 28960 Ynez Road to Monteleone Excavating, the lowest responsible bidder for the sum of $1 2,450. 9.Award Contract to Install Three 36" x 40' CMP's at Two Locations of John Warner Road RECOMMENDATION: 9.1Award a contract for road grading and of installing three 36" x 40' CMP's at two locations on John Warner Road to Monteleone Excavating, the lowest responsible bidder for the sum of $22,950. CUMIN/1 2/93 -4- 10124/93 CITY COUNCIL MINUTES OCTOBER 12,1993 10.Contract Amendment No. 1 for Professional Services Industrial Inc. for Materials Testing at the Community Recreation Center, Proiect No. 92-029B Councilmember Stone said he discussed this issue with Community Services Director Shawn Nelson and understands the necessity of this amendment. Councilmember Stone suggested that in the future, staff should know the amount of inspections that are going to be required on a given project. Director Nelson advised there were a specific number of hours required for the testing services and staff feels these costs are justified. Steve Ford, 29000 Via Alturas, Temecula, project coordinator for the Community Recreation Center, explained the reason for the additional inspections was to assure the structural safety and integrity of the facility. It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Parks to approve staff recommendation as follows: 10.1Approve Contract Amendment No. 1 for additional material testing to Professional Services Industries, Inc. for the construction of the Community Recreation Center, Project No. 92-029B, in an amount not to exceed $1 5,000. The motion carried unanimously as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Muiioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 11.Public/Traffic Safety Commission Appointment Mayor Pro Tem Roberts asked the Council to support reducing the Commission to five members. Mayor Pro Tem Roberts said the Chairman has stated it is difficult to achieve a quorum with a seven member commission. It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Parks to appoint Steve Sander and Charles Coe to the Public/Traffic Safety Commission and to direct the City Clerk to place an Ordinance reducing the Public/Traffic Safety Commission to a five member committee on the next agenda. CUMIN/12/93 -5- 10/24/93 CITY COUNCIL MINUTES OCTOBER 12,1993 The motion carried unanimously as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mufioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None SECOND READING OF ORDINANCES 12.Second Readin-q of Ordinance No. 93-1 7. Rer)ealing Ordinance 93-1 3 (Walmart) RECOMMENDATION: 12.1Read by title only and adopt an ordinance entitled: ORDINANCE NO.93-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING ORDINANCE NO. 93-13 5.Memorandum of Understanding Regardinci Develor)ment of Old Town Temecula into a Maior Destination Entertainment Facility. Zev Buffman expressed his support of the M.O.U. and told the Council he hopes the project will be successful. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Roberts to approve staff recommendation as follows: 5.1Approve and authorize the Mayor to execute a "Memorandum of Understanding Regarding Development of Old Town Temecula into a Major Destination Entertainment Facility". The motion carried unanimously as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mufioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CUM IN/1 2/93 -6- 10/24/93 CITY COUNCIL MINUTES OCTOBER 12,1993 6.Adoption of Travel Policy Mayor Pro Tem Roberts said he would like to see the language in the policy unchanged. Councilmember Stone agreed. Councilmember Parks said he is not opposed to the proposed change in policy language or the language as it is now written. Mayor Mufioz said he did not support taking the approval authority away from the City Council for out of state travel. Finance Officer Mary Jane McLarney advised the policy includes, Councilmembers, Commissioners and employees. She agreed all out of state travel should be approved by the City Council. It was moved by Councilmember Parks, seconded by Councilmember Birdsall to continue this item for to October 26, 1 993. The motion carried unanimously as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, MuFioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None PRESENTATION Temecula Volunteer Fire Department Captain Kurt Verhoff presented the City Council with a Certificate of Appreciation for their donation towards a new squad truck, which was made available for viewing during the recess. COUNCIL BUSINESS Mike Thesing, representing the Old Town Merchants Association, requested Agenda Item No. 1 6 be continued for two weeks. CUMIN/1 2/93 -7- 10/24/93 CITY COUNCIL MINUTES OCTOBER 12,1993 It was moved by Councilmember Parks, seconded by Councilmember Stone to continue Item No. 1 6 to October 26, 1 993. The motion carried unanimously as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Muhoz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RECESS Mayor Mufloz declared a recess at 8:50 P.M. The meeting reconvened at 10:1 5 P.M. 15.Consideration of Temecula Valley Film Council Loan City Manager David Dixon presented the staff report. It was moved by Councilmember Parks, seconded by Councilmember Birdsall to authorize a $5,000 loan to the Temecula Valley Film Council and instruct the City Attorney to prepare the necessary lending documents. The motion carried unanimously as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mufioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 13.Appeal of Planning Commission Denial of Tentative Tract Mar) No. 25338,Amendment No. 1 - A 28 Unit Condominium Proiect on 2.56 acres - east of Mar-garita Road and Solona Way Planning Director Gary Thornhill presented the staff report. Mayor Mu@oz opened the public hearing at 9:50 P.M. Leigh Waxman, 53 Edgar Court, Newbury Park, stated he is opposed to the Planning Commission denial of his request for an appeal. He said the project, not including the landscape plan, had been approved by the County. Mr. Waxman explained the reason for the delays were a result of the project being transferred from the County to the City CUMIN/1 2/93 -8- 10/24/93 CITY COUNCIL MINUTES OCTOBER 12,1993 where his files were misplaced within the City for several months. The economic conditions have added further delays to the project. Mr. Waxman stated all the grading is complete on the project. He said that he delivered the drawings for the grading to the City and they also were lost. Mr. Waxman asked for time to get the project prepared for staff. Planning Director Gary Thornhill clarified the application was submitted to the County, however, it was never approved by the County. Mayor Pro Tem Roberts said he feels the request for an additional two years is unreasonable and he supports the Planning Commission action. He asked the applicant when he plans to start the project. Mr. Waxman asked the Council to give him one year and he should be able to complete the drawings in six (6) months. It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Stone to extend the meeting from 10:00 P.M. to 10:30 P.M. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Muiioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Director Thornhill said that the Plot Plan has expired and the applicant will have to apply for a new Plot Plan. Councilmember Stone asked Mr. Waxman if he could provide the necessary documents to start the application process in 90 days. Mr. Waxman asked for 120 days. Councilmember Stone asked legal council if the Council could mandate that if the documents are not provided in 1 20 days the project will be denied without prejudice. City Attorney Scott Field advised the Council they could permit the applicant 1 20 days to submit all documents required by staff and failure to do so will result in denial of the project without prejudice. If the documents are presented, the application will be re- submitted to the Planning Commission for a public hearing and the applicant shall pay all fees related to the public hearing. CUMIN/1 2/93 -9- 10/24193 CITY COUNCIL MINUTES OCTOBER 12,1993 it was moved by Councilmember Stone, seconded by Councilmember Parks to approve a 1 20 day period to allow the applicant to submit all documents as required by staff. Failure to submit these documents will result in denial without prejudice. Further it was directed that upon timely submission of the documents, the matter will be re-submitted to the Planning Commission for Public Hearing and the applicant shall bear all costs for additional noticing. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Stone, Mufioz NOES: 1 COUNCILMEMBERS: Roberts ABSENT: 0 COUNCILMEMBERS: None 14.City of Temecula General Plan, Implementation Program, Environmental Impact Report and Mitigation Monitoring Program Mayor Mufioz opened the public hearing at 1 0: 1 5 P.M. It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Stone to continue the public hearing to Tuesday, October 26, 1 993. The motion carried unanimously as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Muiioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 1 7. Consideration of Auto Mall Marciue Funding City Manager David Dixon presented the staff report. Dan Atwood, Toyota of Temecula, 26631 Ynez Road, representing the Automobile Dealers Association, said the dealers support the agreement. Councilmember Stone asked for clarification on the use of RDA bonds. City Attorney Scott Field clarified that the RDA bond funds are to be used for public improvements. He said up to 10% of those funds could be used for industrial development, however the City intends to reserve the 1 0% for other purposes. CUMIN/1 2/93 -10- 10/24/93 CITY COUNCIL MINUTES OCTOBER 12,1993 Mr. Atwood asked for clarification of what the City is paying for the funds and what the dealers will be required to pay in a few years. He said he is not concerned with the number of dealers participating. Mr. Atwood stated he is concerned that should the dealers not generate $46,000 in any one year, they be allowed to carry-over any negative amount to the following year and at the end of ten years, if they haven't paid the debt, the dealers would be assessed for the remaining total. Mayor Pro Tem Roberts clarified that the $46,000 was an average amount per year and the agreement calls for the new sales tax to be applied. It was moved by Councilmember Stone, seconded by Councilmember Parks to extend the meeting from 10:30 P.M. to 1 1:00 P.M. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Parks, Roberts, Stone, Muiioz NOES: 1 COUNCILMEMBERS: Birdsall ABSENT: 0 COUNCILMEMBERS: None Mayor Mui5oz commended Councilmember Stone and Mayor Pro Tem Roberts on their negotiations with the auto dealers, however he said he will not support the motion based on his belief that public funds should not be used to provide for amenities that a private entity should be required to pay for as a cost of doing business. Councilmember Parks stated he views this as an investment in the future that represents a public/private partnership which will add value to the City's Redevelopment Agency tax increments. It was moved by Councilmember Birdsall, seconded by Councilmember Stone to approve a loan in the amount of $280,000. to fund an Auto Mall Marque and directed staff to prepare the appropriate loan documents. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone NOES: 1 COUNCILMEMBERS: Mufioz ABSENT: 0 COUNCILMEMBERS: None CITY MANAGER REPORT None CUMIN/1 2/93 -11- 10/24193 CITY COUNCIL MINUTES OCTOBER 12,1993 CITY ATTORNEY REPORT None ADJOURNMENT It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Stone to adjourn at 1 1:00 P.M. The next regular meeting of the City of Temecula City Council will be held on Tuesday, October 26, 1993, 7:00 P.M. at the Temecula Community Center, 28816 Puiol Street, Temecula, California. Mayor J. $a[ Muft6z ATTEST: CUMIN/12/93 -12- 10/24/93