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HomeMy WebLinkAbout070390 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD JULY 3, 1990 An adjourned regular meeting of the Temecula City Council was called to order at 7:03 PM at the Rancho California Water District, 38061 Diaz Road, Temecula, California. Mayor Ron Parks presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Frank Aleshire, City Attorney Scott F. Field, and Deputy City Clerk June S. Greek. INVOCATION The invocation was given by Pastor Gary Nelson, Calvary Chapel. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Councilmember Moore. PRESENTATIONS/ PROCLAMATIONS Captain Rick Sayre, Chief of Police, introduced John Cook, newly appointed Crime Prevention Officer for the City of Temecula. Mayor Parks presented Frank Aleshire with a plaque in appreciation for his service as Interim City Manager for the City of Temecula from December 1, 1989 to July 1, 1990. PUBLIC COMMENTS Jay Waterman, 41790 Winchester, spoke regarding the lack of regulation of street vendors. He said he has brought this matter before the City Council at an earlier time, and nothing has been done to regulate this unfair form of competition. He stressed the point that these street vendors are a public hazard, very often operating right on the street, and something must be done to rectify this problem. Minutes 7/03/90 1 Bob Newsom, 29760 Rancho California Road, a tenant at the Moraga Center, expressed his concern over the parking problems that will occur with the opening of the Lube and Tune, scheduled for the Center. He stated a petition was presented to Councilmember Mufioz stating opposition to the parking problems a Lube and Tune would present. He requested the City address this problem before it becomes a safety hazard, and accessibility to present businesses is greatly reduced. Councilmember Mufioz presented the City Clerk with the petition for distribution to the City Council and staff. CONSENT CALENDAR Councilmember Lindemans requested removal of Consent Calendar Item No. 3. He also requested a copy of the specific plan for Item No. 4. It was moved by Councilmember Lindemans, seconded by Councilmember Moore to approve Consent Calendar Items 1, 2 and 4 as follows: 1. Minutes 1.1 Approved minutes of June 19, 1990 as mailed. Dedication of Easements A!ont, Ynez Road North of Rancho California Road 2.1 Adopted a Resolution entitled: RESOLUTION NO. 90-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING DEDICATION OF EASEMENTS FOR PUBLIC ROAD AND DRAINAGE PURPOSES, INCLUDING PUBLIC UTILITY AND PUBLIC SERVICE PURPOSES, ALONG PORTION OF YNEZ ROAD. 4. Final Tract Maps 21675 and 21675-6 4.1 Approved Final Tract Maps 211675 and 21675-6, subject to the conditions of approval. The motion was carried by the following vote: Minutes 7/03/90 2 AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 3. Approval of Bid No. 6-90 - City Manager's Vehicle Councilmember Lindemans expressed concern that the selected bid was not from the City of Temecula. He stated he would like to send out a message to the Community that the City likes to shop locally. He stated the local merchants had greatly contributed to Temecula and the City needs to show its support. He said Griffin Oldsmobile would be willing to lower its price to be the lowest bidder. Mayor Parks asked if the City was required by ordinance or resolution to follow a certain bidding procedure. City Manager Aleshire reported there is a State law that requires public bidding for public works contracts. Regarding the purchase of automobiles or furniture, the City Council establishes the policy as set forth in the Purchasing Ordinance. He explained this ordinance does require the City to award to the lowest bidder, in this case De Anza Chevrolet, of Riverside. He reported the Griffin bid was $1,500 higher on a $20,000 purchase. According to the purchasing ordinance, the City Council does not have discretion unless the Council can find that the lowest "responsible" bidder would be a higher bid. He stated the Council does have one final option that would be to reject all bids and start the procedure over again. Councilmember Lindemarts stated he did not feel the City was comparing like vehicles. It was moved by Councilmember Lindemans, seconded by Councilmember Mufioz to reject all bids. The motion failed by the following vote: AYES: 1 COUNCILMEMBERS: Lindemans NOES: 4 COUNCILMEMBERS: Birdsail, Moore, Mufioz, Parks ABSENT: 0 COUNCILMEMBERS: None Minutes 7/03/90 3 Councilmember Mufioz asked if the City was comparing comparable vehicles. City Manager Aleshire said the four vehicles meeting the required specifications were considered to be comparable. Mayor Parks stated that he would like to shop locally, but felt it was in the best interest of the citizens of Temecula to accept the lowest bid in this case. Mayor Parks asked the City Attorney if all bids were rejected, could the City rebid locally. City Attomey Fields stated bids cannot be limited to local dealers only. He said the City could give local merchants a 1% local preference based upon sales tax staying in the City. Councilmember Birdsall stated she is concerned with accepting a revised bid from Griffin Oldsmobile because this would defeat the entire purpose of the bidding procedure. She stated it is not fair to renegotiate with only one party. City Manager Aleshire stated it would be appropriate in the future to make changes to the current ordinance, but stated it is generally in the best interest of the entire community to obtain the lowest price possible from a wide-range of sources. Councilmember Moore moved, Councilmember Parks seconded a motion to authorize the City Manager to accept the best low bid submitted by De Anza Chevrolet in the amount of $20,485.63, including tax and license. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Mufioz, Parks NOES: 1 COUNCILMEMBERS: Lindemans ABSENT: 0 COUNCILMEMBERS: None PUBLIC HEARINGS 5. Vacation of a Portion of Mercedes Street City Manager Aleshire reported this is a proposal to improve Sam Hicks Park. This improvement requires a vacation of a portion of Mercedes Street to accommodate additional parking. Doug Stewart, Deputy City Engineer, stated one half of the property is in the name of the Temecula Valley School District and half belongs to the State. He said that later on the agenda, the Council would vote on whether to accept deeds to the park. Minutes 7/03/90 4 Mayor Parks opened the public hearing at 7:50 PM. Evelyn Harker, 31130 S. General Kearny, stated the land is in the name of Sam Hicks Parks and not the School District. Mayor Parks Closed the public hearing at 7:52 PM. Councilmember Mufioz asked if staff was concerned about receiving the easement from the State of California. Mr. Stewart stated staff feels this is only a timing consideration. It was moved by Councilmember Birdsall, seconded by Councilmember Moore to approve vacating a portion of Mercedes Street subject to reservation of easements for public utility purposes and further subject to obtaining an access easement from the State of California over the easterly half of Mercedes Street and adopt a resolution entitled: RESOLUTION NO. 90-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING THE VACATION OF A PORTION OF MERCEDES STREET THAT PURSUANT TO AUTHORITY PROVIDING BY CHAPTER 3, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAY CODE. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None COUNCIl, BUSINESS 6. Old Town H[qoric Review Procedures and Recommendations City Manager Aleshire stated this item first came before Council, was referred to the Planning Commission for review and is now back before Council with the recommendation to approve creating an Old Town historic review procedure. He said the actual procedure is not before the Council at this time, however if Council chooses to go ahead with this, staff will prepare the necessary resolutions. Mr. Aleshire introduced John Davidson, of Willdan Associates to give a presentation. Minutes 7/03/90 5 Mr. Davidson presented research prepared over the past two weeks, on how development approval was obtained in the Old Town Historic District when administered under the County authority. A five member local review board was established having the duty to review proposed developments within the district boundaries and make recommendations to the County Planning Director on the appropriateness for the Old Town area. The County Planning Director, would then issue a certificate of historic appropriateness. With this certificate in hand, the development could proceed. Mr. Davidson stated that members of this board were to be reappointed every two years; This never occurred and as a result, only two active members remain on this board. He recommended the following course of action: Review of development proposals and property alterations within the Temecula Historic Preservation District for historic appropriateness should be incorporated into the City's development review process as soon as possible. The City should re-establish full membership for the Temecula Historic Review through Council appointment of new members. Within the next two-month period, the City should establish interim review procedures and evaluation criteria for use in reviewing proposed projects in the Historic Preservation District. o The City should investigate the possibility of expanding the boundaries of the Historic Preservation District. The City should initiate the formation of permanent design guidelines and special development standards for the Historic Preservation District. The City should prepare a comprehensive, long-range strategy for the preservation and development of the Old Town area addressing such issues as land use, circulation, parking, public improvements, economic development, and urban design. Mayor Parks asked if there is a current mission statement for the committee. Mr. Davidson said he is unclear on this point and has not seen any official County guidelines. Councilmember Mufioz recommended that this be referred back to the Planning Commission to hold public hearings. That public input on the guidelines of this committee be taken, that The Planning Commission do the recruiting, and possibly increase the membership to seven or nine members. Minutes 7/03/90 6 Councilmember Lindemans stated he would like to increase the number to a 15-member committee, stating Old Town Temecula faces many problems and it will take a great deal of work to preserve the area. Councilmember Moore said she understood this was an architectural review board, to assure that structures such as the Circle K building will not be permitted. She stated she would like to see the District expanded. City Manager Aleshire stated the Planning Commission's recommendation is to expand this committee to do more than just architectural review, and Council should decide what it wants accomplished. Mayor Parks stated the Planning Commission has recommended restaffing this committee, and he felt a one step at a time approach would be most effective. He suggested adding Dallas Gray and Bill Harker to the existing committee. Councilmember Lindemans suggested also adding Bob Taylor. He stated he would be in favor of this action if the members were appointed for a three month period, with the intent to increase the committee to 15 members. It was moved by Councilmember Birdsall, seconded by Councilmember Lindemans to refer this to staff to confirm availability of three additional committee members (Bob Taylor, Dallas Grey and Bill Harker), to serve with the existing two committee members for a period of six months and further to approve Planning Commission recommendations one through six as presented. The motion was carried by the following vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks None None RECESS Mayor Parks called a recess at 8:20 PM. The meeting was reconvened at 8:30 PM. Minutes 7/03/90 7 7. Sister City Program City Manager Aleshire recommended that if Council wishes to go ahead with a Sister City program, it appoint an Ad Hoc Committee Chairman and join the National Sister City Association. He stated a representative from this association lives in Anaheim and has offered to meet with the City Council. Mr. Aleshire cautioned Council, stating this program will require a great deal of effort and needs to be supported by members of the community to make it a success. Councilmember Birdsall moved, Councilmember Lindemans seconded a motion to appoint Councilmembers Birdsall and Linderoans to serve as an Ad Hoc Committee to form a Sister City Committee. This Committee is to be composed of representatives of service organizations within the community who will report to the City Council at a future date. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None J General Services Agreement with County of Riverside City Manager Aleshire reported this is an agreement with the County to provide services not provided for in specific agreements. These extra services would only be performed at the request of the City. It was moved by Councilmember Birdsall, seconded by Councilmember Moore to authorize the Mayor to enter into an agreement with the County of Riverside to provide General Services as required by the City. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Minutes 7/03/90 8 9. Agreement to Provide Street Maintenance Services in the City of Temecula City Manager Aleshire recommended that Council approve an agreement with Riverside County Road Department for street maintenance services. He stated the 1990-91 City budget provides $240,000 for routine maintenance. He said the County Road Department would perform services as requested by the City at a cost negotiated with the County which is less than is charged by private road maintenance companies. Councilmember Birdsall moved, Councilmember Lindemans seconded a motion to authorize the Mayor to enter into an agreement with the County of Riverside to provide street maintenance services in the City for one year. The motion was unanimously carried. 10. Acceptance of Deeds for Sam Hicks Monument Park City Manager Aleshire reported staff has two recommendations. One is to accept the deeds for Sam Hicks Monument Park that have been offered to the City by The Sam Hicks Monument Park Foundation. Recommendation two is to direct the City Attorney to prepare a lease for the Old Town Temecula Foundation to build a museum in Sam Hicks Monument Park. Mr. Aleshire listed several conditions for dedication of this Park, including preserving the monument and the name "Sam Hicks Monument Park". He stated that the Council would only be committed to share the cost of the street improvements and the park improvements the County has proposed in their CDBG project. He said the County is having some financing problems and this project may be delayed. City Manager Aleshire said the other issue involved is the Museum. He suggested finding out what kind of commitment would be required of the City. Councilmember Mufioz asked if the Council accepts Sam Hicks Park, would it be subject to the conditions and the lease that are attached. City Manager Aleshire stated there is an expectancy that this would be done, but it is not a legal condition of title. He said once the City takes over, it is responsible for the maintenance and operation of the Park, which has been allocated in the CSD Budget. Mayor Parks asked if the City has budgeted funds for maintenance and operation of the proposed museum. Mr. Aleshire stated no funds have been allocated for maintenance of a museum, and the agreement is for maintenance of the park only. He said there is an existing lease agreement on the property that the City would be accepting. Minutes 7/03/90 9 Councilmember Lindemans questioned whether adequate parking is available. Mr. Aleshire reported no large parking lot is planned, however for a three acre site parking should be sufficient. He also asked if the City would be responsible for maintenance of a park, or maintenance of a park, a museum and funding for the building of a museum. Nancy Maurice, P.O. Box 573, representing Sam Hicks Park Foundation, stated the Foundation is not asking the City to build or maintain the museum. The Foundation is asking the City to honor the lease between the Old Town Temecula Foundation and the Sam Hicks Park Foundation which has been agreed to in the past. Mayor Parks asked if the 10,000 square foot museum building would have ample parking. Mrs. Maurice stated the building size should be corrected to a 3,000 square foot building. Mayor Parks asked if there is ample parking to support a 3,000 square foot building and there is ample parking. Mayor Parks stated his concern over approving a project without properly addressing all the codes and regulations of the City. Mrs. Maurice stated Mr. Tobin spent considerable time with the Planning Commission in the discussions before getting the permits to move the church. City Attorney Fields stated the lease provides that the City would approve the construction and operation of the museum. Councilmember Mufioz asked the total square footage of both the church and the museum. Mrs. Maurice responded a 4,500 maximum. Councilmember Mufioz asked if there is a timetable to complete construction of the museum. Mrs. Maurice said groundbreaking is scheduled for one year from now. Councilmember Mufioz asked if it is necessary to have a 40 year lease with an option for 40 additional years, or whether this is negotiable. Mrs. Maurice stated this is negotiable. Councilmember Mufioz also questioned the fixed insurance figure, and asked if this could be increased over time to adequately cover the City. She stated there are several areas worthy of negotiation. Mayor Parks stated the agreement provides that the monument cannot be moved. He said he is concerned that the City would be prohibited from moving the park and monument to a larger area at a later date if necessary. City Manager Aleshire stated there is a reverter clause in the agreement stating if this land ceased to be used a park, the land would revert to the original owner. Evelyn Harker, President of the Board, stated it is the intent of the Sam Hicks Monument Board that should the City ever wish to sell the land for a profit the Board would want the land back. She stated it is the desires of the Board to insure this land always remains a park for public use. Minutes 7/03/90 10 It was moved by Councilmember Mufioz, seconded by Councilmember Lindemans to refer this matter to staff. Councilmember Birdsall stated Council needs to give staff specific instructions on what needs to be done. She said the City has been hoping to get this deed and that CSA-143 has been maintaining this park for over a year. and now Council is not going to accept the deeds. The Council needs to expedite the deed transfer to assure the Park is being handled in an orderly manner. Mayor Parks said he agrees that the City is the best agency to maintain and protect this park, however, he expressed reservations about accepting a deed with so many restrictions. He spoke in favor of a letter of intent, instead of a binding contract and stated the City Attorney needs to redraw the lease. He also said the reverter clause needs to be researched. City Manager Aleshire stated it is his feeling that it is in the best interest to all parties for the City to take over and manage the Sam Hicks Park, with the following needed clarifications: 1. Clear up the question of the reverter clause. Work out the museum lease in greater detail, changing the square footage from 10,000 to 3,000. Address the matter of maintenance of the park and museum, including public restrooms. 4. Look at the parking requirement issues. 5. Consider if a letter of intent could be used for this park dedication. 6. Review the museum building design. Look at the Old Town District as a whole. Consider this park as more of a historical place to preserve for the future. This needs to fit into the Old Town Plan and the Master Park and Recreation Plan. Councilmember Mufioz suggested added escalating insurance to these considerations, and also considering the possibility of a cut-off date if the museum is not built, allowing the land to be used for other park functions. Minutes 7/03/90 11 The following conditions were added to the motion as follows: It was moved by Councilmember Mufioz, seconded by Councilmember Lindemans to refer this matter to staff and return the matter on July 24, 1990. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Moore Councilmember Moore explained her abstention is due to being a member of The Sam Hicks Monument Foundation Board. CITY MANAGER REPORTS City Manager Aleshire reported on the street vendor matter, stating a response has been made by the Sheriff's Department on specific complaints. He said if complaints are filed, they will be acted upon. Mr. Aleshire stated the parking situation at the Moraga Plaza has been looked into by Willdan and a detailed report is forthcoming. CITY ATTORNEY REPORTS City Attorney Fields requested that an Executive Session be placed on the agenda of the meeting of July 10, 1990 for the purpose of discussing property acquisition. CITY COUNCIl, REPORTS Councilmember Moore requested that staff investigate the status of a 20 acre parcel (a portion of the Sports Park) which is being held in trust by the County Board of Supervisors. Councilmember Mufioz asked staff to look into possible over-watering of the Sports Park. Minutes 7/03/90 12 Councilmember Lindemans requested the following: That staff consider an offer of donation of an office trailer from Taylor-Woodward Company and make any recommendations they might have. 2. Asked staff to look into changes to the existing purchasing procedures. o Requested a full report on the procedures followed by staff in the purchase of a copier for the City. Mayor Parks directed staff to look into the County's policies on installation of roads. He specifically asked that the City not allow the installation of new Class Three base new streets and roads. ADJOURNMENT Councilmember Mufioz moved, Councilmember Lindemans seconded a motion to adjourn at 9:25 PM. The motion was unanimously carried. Ronald J. Parks, Mayor ATTEST: Greek, Deputy Ci13~lerk Minutes 7/03/90 13