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HomeMy WebLinkAbout071492 CC Minutes MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD JULY 14, 1992 A regular meeting of the Temecula City Council was called to order at 7:02 PM in the Temecula Community Center, 28816 Pujol Street, Temecula, California. Mayor Pro Tem Karel Lindemans presiding. PRESENT 4 COUNCILMEMBERS: Lindemans, Moore, Mu~oz, Parks ABSENT: 1 COUNCILMEMBERS: Birdsall Also present were City Manager David F. Dixon, Assistant City Attorney John Cavanaugh, and City Clerk June S. Greek. INVOCATION The invocation was given by Associate Minister John Larkam, World Harvest Outreach Church. PL!=DG!= OF ALL!=GIANCE The audience was led in the pledge of allegiance by Councilmember Parks. Mayor Pro Tern Lindemans announced that Mayor Birdsall was ill and would not be attending. PR!=SFNTATIONS/ PROC! AMATIONS None given. PUBLIC FORUM Mark Draper, 825 East Street, Suite 2328, San Diego, representing La Resistencia, spoke regarding the recent incident involving a pursuit by the Border Patrol and asked for the removal of the Border Patrol in all cities. CONS!=NT CAL!=NDAR Councilmember Muhoz requested the removal of Items 6, 7 and 13 from the Consent Calendar for further discussion. It was moved by Councilmember Parks, seconded by Councilmember Moore to approve Consent Calendar Items 1-5, 8-12, 14 and 15. Minutes\7\14\92 -1- City Council Minutes Julv 14. 1992 The motion was carried by the following vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEMBERS: Lindemans, Moore, Mu~oz, Parks COUNCILMEMBERS: None COUNCILMEMBERS: Birdsall Standard Ordinance Adoption Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes 2.1 2.2 2.3 Approve the minutes of June 17, 1992. Approve the minutes of June 23, 1992. Approve the minutes of June 24, 1992. Resolution ADproving List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 92-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Report as of May 31. 199:2 4.1 Receive and file report. Resolution Fstablishing Permanent Gann ADpropriation Limit and Submittal to the Voters at the November 3. 199:2 General Election 5.1 Adopt the following resolutions entitled: RESOLUTION NO. 92-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, GIVING NOTICE OF THE SUBMISSION TO THE VOTERS OF A QUESTION RELATING TO THE APPROPRIATION LIMIT OF THE CITY, TO BE CONSIDERED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 1992 Minutes\7\14\92 -2- City Council Minutes Julv 14. 1992 10. 11. 12. 14. RESOLUTION NO. 92-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS RESOLUTION NO. 92-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS Authorization for Bid Proposals - Street StriDing and Legend Painting 8.1 Authorize the Department of Public Works to solicit bids for the annual street striping and street legend painting contract. Authorization for Bid Proposals - Street Name Signs and Traffic Signs 9.1 Authorize the Department of Public Works to solicit acquisition of street name signs and traffic signs. Release Labor and Material Bonds- Tract No. 73178 10.1 bids for the Authorize the release of street, water and sewer system material and labor bonds in Tract No. 23128; 10.2 ADproval of Final Tract Map No. 22761 11.1 Approve Final Tract Map Approval. Approval of Final Tract Map No. 22762 12.1 Approve Final Tract Map Approval. Direct the City Clerk to so advise the Clerk of the Board of Supervisors. No. 22761, subject to the Conditions of No. 22762, subject to the Conditions of Contract Change Orders - PW 91-03 Rancho California Road Benefit District 14.1 Approve Contract Change Orders consisting of: A $828.30 increase in contract amount due to removal of signal controller base and installation of at-grade foundation for new controller. Minutos\7\l 4\92 -3- Citv Council Minutes July 14. 1992 15. A $700 increase in contract amount for raising seven (7) water valves located after excavation started. A $1,423.80 increase in contract amount due to reconstruction of one (1) manhole to be removed down to shaft and reconstructed per Public Works Standard Specifications. A $1,257.50 increase in contract due to additional equipment and unusual work conditions required to make slope grade due to Southern California Edison's moving two additional poles located within right-of- way. Advance $4,209.60 from the Development Impact Fund to the Reimbursement District Fund and appropriate $4,209.60 to Account No. 011-165-605-44-5804. Adoption of Personnel Resolution 15.1 Adopt a resolution entitled: RESOLUTION NO. 92-61 A RESOLUTION OF THE CITY COUNCIL OF THE ESTABLISHING POSITIONS AND SALARY RANGES Contract Agreement for Street Numbering CITY OF TEMECULA Councilmember Mu~oz asked if $20 an hour is a competitive rate for this type of service. Chief Building Official Tony Elmo stated the rate is below the norm being paid in other areas. He explained this is a service which establishes street address numbering prior to the development process based on a complex grid system, and is not physical numbering of existing development. It was moved by Councilmember Mu~oz, seconded by Councilmember Moore to approve staff recommendation as follows: 6.1 Approve a contract agreement with Bruce Stewart to renew existing contract to provide address numbering services on an as-needed basis. The motion was unanimously carried, with Mayor Birdsall absent. Award of Contract for Audio-Video Services Councilmember Mu~oz questioned why the term of the agreement is only one year. Minutes\7\14\92 Citv Council Minutes Julv 14, 1992 Senior Management Analyst Grant Yates responded that the total term of the contract is four years and explained the reason for annual review is to solve problems that may occur and to allow the contractor the opportunity to add equipment as needed. It was moved by Councilmember Mu~oz, seconded by Councilmember Moore to approve staff recommendation as follows: 7.1 Award a contract to Davlin to provide audio-video services for City Council and Planning Commission meetings. The motion was unanimously carried, with Mayor Birdsall absent. 13. Agproval of Purchase - City Mobile Radio System Councilmember Mu~oz asked if the City Council should be included in this system, facilitating communication between Council and staff during an emergency. City Manager Dixon responded that these units will primarily be installed in vehicles, with one base unit. He explained that communication during an emergency is done by telephone and when phone systems are down, cellular phones are used. He suggested that the 800 Megahertz radio system be approved and expanded uses explored. Councilmember Moore explained, that although this system can be used in the event of an emergency, the primary function is to communicate with employees in the field. Councilmember Parks stated this is another tool for running the day to day operations of the City that could be used as part of an emergency system. He requested that staff bring the Emergency Plan to the Council in two weeks so that a better understanding of the functions of Council and staff can be gained. It was moved by Councilmember Mu~oz, seconded by Councilmember Moore to approve staff recommendation as follows: 13.1 Approve the purchase of an 800 Megahertz (MHZ) radio system. 13.2 Appropriate $29,671 from Unreserved Fund Balance. The motion was unanimously carried, with Mayor Birdsall absent. PUBLIC H!=ARINGS 16. A91~eal No. ?4 (Al~l;;)eal of Planning Commission Denial of Plot Plan No. 8839, Revised No. 1. Amended No. ?) Minutes\7\14\82 -5- City Council Minutes Julv 14. 1992 Mayor Pro Tern Linderoans stated he would abstain from this item since his wife owns a beauty shop in Old Town and he feels it may be a conflict of interest. He turned the meeting over to Councilmember Mu~oz and excused himself. Councilmember Mu~oz stated his wife also operates a business in Old Town and asked the City Attorney if this presents a conflict. Assistant City Attorney John Cavanaugh, after determining that Mrs. Mu~oz is operating a business as a lessee and does not own the property ruled that no conflict exists. Director of Planning Gary Thornhill presented the staff report. Councilmember Mu~oz opened the public hearing at 7:31 PM. Lance Garrett, First Fidelity Thrift and Loan, the current title owners of the property, concurred with staff recommendations and agreed to the additional conditions of approval. Councilmember Mu~oz closed the public hearing at 7:34 PM. It was moved by Councilmember Parks, seconded by Councilmember Moore to approve staff recommendation as follows: 16.1 Adopt a resolution entitled: RESOLUTION NO. 92-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING APPEAL NO. 24, THEREBY APPROVING PLOT PLAN NO. 9939, REVISED NO. 1, AMENDED NO. 2, CHANGING USES ON THE SECOND FLOOR FROM 5,413 SQUARE FEET OF STORAGE TO 3,600 SQUARE FEET OF OFFICE SPACE AND 1,813 SQUARE FEET OF STORAGE ON PROPERTY KNOWN AS ASSESSOR'S PARCEL NO. 922-024-027 The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Birdsall, Lindemans Mayor Pro Tem Lindemans rejoined the meeting and reassumed the chair at 7:35 PM. Minutes\7\14\92 -6- Citv Council Minutes July 14. 1992 COUNCIl BUSIN!;SS 17. Consideration of Chamber of Commerce Contract Services Agreement - FY 1999-1993 City Manager Dixon presented the staff report. Bill Bopf, 41707 Winchester Road, Ste. 301, President of the Temecula Valley Chamber of Commerce, spoke in favor of the proposed agreement stating he is pleased with the arrangement between the City of Temecula and the Chamber of Commerce and hopes to be able to continue providing needed services. Mayor Pro Tem Lindemans asked that this item be continued for two weeks in order to obtain a full financial statement from the Chamber of Commerce. Mr. Bopf stated that under the previous contract quarterly reports were submitted to the Finance Department, however he did not have a problem with providing the City with a full financial statement. It was moved by Councilmember Parks, seconded by Councilmember Mu~oz to continue this item to the meeting of July 28, 1992. The motion was unanimously carried with Mayor Birdsall absent. Mayor Pro Tern Lindemans asked that this matter be reviewed by the Finance Committee. 18. Develol~mental Services Efficiency Report - City Manager's Blue Ribbon Committee City Manager Dixon presented the staff report and thanked the Committee, consisting of a professional facilitator, Ron Smith, and six committee members, Bill Bopf, Larry Markham, Dave Olson, Max Gilliss, Tom Griffin and Tom Langley, for a job well done. He reported the committee came up with 21 findings and recommendations and their report is submitted as a receive and file item for Council and public information. Bill Bopf, 41707 Winchester Road, Ste. 301, Chairman of the Blue Ribbon Committee, commended the City Manager and staff for embarking on this process. He stated the committee received excellent cooperation from the Planning, Building & Safety and Engineering Departments, who are all dedicated professionals and he was pleased to work on this committee. Councilmember Parks asked Mr. Bopf if he feels comfortable the City is committed to moving forward to facilitate this program. Mr. Bopf stated he believes staff is willing but they need support from the Council on hardware and programs. City Manager Dixon stated that staff has already begun to implement these suggestions. Minutes\7\14\92 -7- City Council Minutes Julv 14. 1992 Mayor Pro Tem Lindemans suggested that the City have an ombudsman to assist developers and citizens who come to the front desk. He requested that an addition to Item 19 of the report be made, outlining requirements of all other agencies, such as the School District, Flood Control District, Water District, etc. City Manager Dixon stated he feels the Committee's work should stand on its own, however he would be happy to bring back other items for Council action at another time. It was moved by Councilmember Parks, seconded by Councilmember Moore to publicly extend appreciation to the Blue Ribbon Committee members and receive and file the report. The motion was unanimously carried with Mayor Birdsall absent. Mayor Pro Tem Lindemans presented Mr. Bopf with certificates of appreciation for each of the members of the Blue Ribbon Committee and thanked them for their outstanding service and a job well done. RFCFSS Mayor Pro Tem Lindemans called a recess at 8:01 PM. The meeting was reconvened following the Community Services District Meeting and the Redevelopment Agency Meeting at 8:21 PM. 19. Appointments to Planning Commission Councilmember Parks presented a report outlining the Ad Hoc Committee recommendations. He stated the Committee felt it is in the best interest of the City to reappoint existing Planning Commissioners, Billie Blair and Steven Ford. Councilmember Mu~oz concurred with Councilmember Parks and stated the City is in the process of developing the general plan and the consistency and experienced provided by the current Commissioners will benefit the City. It was moved by Councilmember Moore, seconded by Councilmember Parks to reappoint Commissioners Billie Blair and Steven Ford to a three year term of office. The motion was unanimously carried, with Mayor Birdsall absent. The City Clerk was directed to notify Commissioners Blair and Ford of their reappointment. 20. License Agreement with Temeka Advertising for "Kiosk" Sign Program Chief Building Official Tony EImo presented the staff report. Mayor Pro Tem Lindemans asked how removal or abandonment of signs will be handled, in the event a company goes bankrupt. Mr. Elmo recommended adding a provision to Minutes\7\14\92 -8- City Council Minutes Julv 14. 1992 the agreement requiring a performance bond, which would protect the City in the event the signs are abandoned. Staff was directed to include such a provision. Joan C. Tussing, 28165 Front Street, spoke in opposition to the award of an agreement to Temeka Advertising, stating she was not given the opportunity to bid on this project. David Cowan, 5731 Good Karma Lane, Bonita, Vice President of Marketing for Motivational Systems, Inc., spoke in opposition to staff recommendation and requested the matter be returned to staff. He stated he feels the rules changed during the process and a local firm was given preferential treatment. He presented a written statement to members of the City Council and staff. Councilmember Mu~oz asked Mr. Elmo to address the allegations that the rules changed during the qualification process. Mr. Elmo explained there was an incorrect statement made during a pre-conference meeting that was brought to staff's attention by Mr. Cowen and staff met with Mr. Cowen to resolve these issues immediately. Councilmember Parks asked if there is a provision in the contract to evaluate costs. Mr. Elmo reported the contract provides the City the ability to review prices and costs on an annual basis. City Manager Dixon suggested continuing this item for two weeks if the Council is not satisfied with the RFQ process that was used and that staff be directed to prepare formal bids for a Kiosk program. Councilmember Moore reported, as a member of selection committee, the fact that a local firm was chosen had nothing to do with the criteria. She explained each firm presenting a proposal was rated using the same criteria and nothing changed at this level. Assistant City Attorney John Cavanaugh explained that ambiguities exist in the process itself. He explained that Requests For Qualification (RFQ's), which do not require bids were sent out. He stated that the City has legally complied with the process associated with Requests For Qualifications and if further input is desired by Council, the whole process should be changed and started over. He explained that many of the arguments presented do not apply to this case since it was not a formal bid. It was moved by Councilmember Parks, seconded by Councilmember Moore to approve staff recommendation as follows: 20.1 Award a License Agreement with Temeka Advertising for the installation of the City's "Kiosk" signs. 20.2 Authorize the Mayor and the City Clerk to execute the agreement on behalf of the City. Minutes\7\14\92 Citv Council Minutes Julv 14. 1992 21. The motion was unanimously carried with Mayor Birdsall absent. Re~luest for Funding - Friends of French Valley Airl:)ort City Manager Dixon summarized the staff report, recommending that the Council approve this expenditure, due to the promotional opportunities it affords the City. Allan McDonald, 43466 Manzano Drive, representing the Friends of the French Valley Airport, spoke in support of the expenditure, stating the main goal of the organization and events such as this is to create jobs. Mayor Pro Tern Lindemans called a recess at 9:14 PM to change the tape. The meeting was reconvened at 9:15 PM. Mayor Pro Tem Lindemans asked if this event will be featured in any national magazines. Mr. McDonald stated he could not make a commitment, however the press has been invited and have shown interest in the event. George Campos, President of the Friends of the French Valley Airport, stated that he feels by virtue of the speakers invited, the press will be present. He stated this is an important area event and the City will gain valuable exposure. Sydney Vernon, 30268 Mercey Court, spoke against the use of public funds for this event. Marsha Slavin, 30110 La Primevera St., spoke against the expenditure and asked if the County and surrounding cities have also been asked to contribute. It was moved by Councilmember Parks, seconded by Councilmember Moore to authorize an expenditure of $7,000 for promotion of the French Valley Aviation Center Dedication Ceremony. Councilmember Mu~oz stated that although he feels this is an important event, it is not appropriate to fund through the use of public funds, especially since the French Valley Airport is outside the City limits. Mayor Pro Tem Lindemans stated he feels that a full service airport will attract companies who need facilities, and thus create jobs. He stated ads in trade magazines are very expensive and this kind of coverage would cost substantially more than $7,000. Councilmember Parks stated that this event will generate sales tax and transient occupancy tax revenues. He added that Temecula ranks number two in the County in sales tax revenue as a result of these types of events. The motion was carried by the following roll call vote: Minutes\7\14\92 -1 O- City Council Minutes Julv 14. 1992 AYES: 3 COUNCILMEMBERS: Lindemans, Moore, Parks, Birdsall NOES: 1 COUNCILMEMBERS: Mu~oz ABSENT: 1 COUNCILMEMBERS: Birdsall CITY MANAG!=R R!=PORTS City Manager Dixon announced that the City is the proud winner of the first place award in the Public Sector Category for 1992 Recycling Achievement, and was recognized as having the best recycling program in the State. CITY ATTORNr:Y R!=PORTS None given. CITY COUNCIL R!=PORTS Councilmember Parks stated he will not be at the closed session tomorrow due to an orientation meeting of SCAG (Southern California Association of Government). Councilmember Mu~oz reported that the transit system within the City is doing well with a ridership of 1,600 passengers per month and reported he is encouraging the RTA Board to convert the two vehicles dedicated to the City of Temecula to propane. Councilmember Mu~oz requested that staff contact the press and encourage them to be present at City Council Meetings. ADJOURNM!:NT It was moved by Councilmember Mu~oz, seconded by Councilmember Moore to adjourn at 9:54 PM to an Executive Session on July 15, 1992, 12:00 noon, Temecula City Hall, pursuant to 54956.9(a) City of Temecula vs U.S. Border Patrol and 4956.9 (b) and (c). The motion was unanimously carried, with Mayor Birdsall absent. Patricia H. Birdsall, Mayor ATTEST: City Clerk -----"' [SEAL] Minutes\7\14\92 -11 -