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HomeMy WebLinkAbout032393 CC Minutes MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD MARCH 23,1993 A regular meeting of the Temecula City Council was called to order at 7:06 PM in the Temecula Community Center, 2881 6 Pujol Street, Temecula, California. Mayor Pro Tem Ron Roberts presiding. PRESENT 4 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone ABSENT: 1 COUNCILMEMBERS: Mufloz Also present were City Manager David F. Dixon, City Attorney Scott F. Field, and City Clerk June S. Greek. Mayor Muiioz joined the meeting at 7:08 PM. INVOCATION The invocation was given by Pastor George Simmons, Temecula Valley House of Praise. PLEDGE OF ALLEGIANCE Councilmember Stone led the audience in the pledge of allegiance. PRESENTATIONS/ PROCLAMATIONS Mayor Muiioz proclaimed April 3, 1993 to be "Day of the Young Child". Janice Hayden accepted the proclamation and thanked the Mayor and City Council for their support. PUBLIC COMMENTS Edith Ryan, 6567 Sheltondale, West Hills, CA, addressed the Council regarding lifting restrictions on Bingo for benefit of the non profit charity organization, "Identity, Inc.". Councilmember Birdsall stated that Bingo is a fund raiser for the Temecula Community Center, and is regulated by County ordinance. City Attorney Field stated this item is not on the agenda and should be agendized for a future meeting if discussion is to take place. CONSENT CALENDAR Minutes\3\23\93 -1- 11/01/95 City Council Minutes March 23, 1993 Mayor Pro Tem Roberts requested that Item No. 1 7 be removed from the Consent Calendar. Councilmember Birdsall stated she would like to register a "no" vote on Item No. 19. Mayor Muiioz removed Items 6, 8, 1 1 and 1 3 from the Consent Calendar. It was moved by Councilmember Parks, seconded by Councilmember Stone to approve Consent Calendar Items 1-5, 7, 9, 10, 1 2, 14, 1 5, 1 6, 18 and 19. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Muiioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 1 Standard Ordinance Adoption Procedure 1.1Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2.Minutes 2.1 Approve the minutes of March 6, 1 993; 2.2 Approve the minutes of March 9, 1 993. 3.Resolution Ar)r)roving List of Demands 3.1Adopt a resolution entitled: RESOLUTION NO. 93-24 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 Statement of Investment Policy Minutes\3\23\93 -2- 11/01/95 City Council MinutesMarch 23, 1993 4.1Adopt the Treasurer's Statement of Investment Policy as proposed by Staff which provides safety, liquidity and yield for City funds. 5.Risk Management Claims Settlement 5.1Grant the City Manager the authority to reject claims made against the City and be provided with settlement authority up to $1,000. 7.Substitution of Storm Drain Improvements Bonds in Tract 23267-2 7.1Accept Surety Bond for the improvement of Storm Drain Systems in Tract No. 23267-2as substitute for bond on file in the Office of the City Clerk; 7.2Direct the City Clerk to release the original bond. 9.Completion and Acceptance of Traffic Signal Modification at Winchester Road and Jefferson Avenue, Proiect No. PW 92-1 1 9.1Accept the Traffic Signal Modification atwinchester Road and Jefferson Avenue, Project No. PW 92-1 1, as complete and direct the City Clerk to file the Notice of Completion. 10.Award of Contract for the Traffic Sicinal Installation at Winchester Road (HWY 79N) and Margarita Road (Proiect No. PW 92-08) 10.1Award a contract for Traffic Signal Installation at Winchester Road and Margarita Road, Project No. PW 92-08, to Lekos Electric, Inc. for $101,999.99, and authorize the Mayor to execute the contract upon receiving Caltrans approval; 10.2Authorize the City Manager to approve change order not to exceed the contingency amount of $10,200.00, which is equal to 10% of the contract amount, for a total of $1 1 2,1 99.99. 12. Reconfirmation of Local Emergency 1 2.1Adopt a resolution entitled: RESOLUTION NO. 93-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONFIRMING THE EXISTENCE OF A LOCAL EMERGENCY Minutes\3\23\93 -3- 11/01/95 City Council Minutes March 23, 1993 14.Local Agency/State Agreement for Federal-Aid Proiects 14.1Adopt a resolution entitled: RESOLUTION NO. 93-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING LOCAL AGENCY/STATE AGREEMENT NO. 08-5459, BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA TO ESTABLISH FEDERAL FUNDING PROVISIONS 15.Program Su[)r)lement No. 002 to the Local Agency/State Agreement for Federal-Aid Proiects for the Traffic Signal at Winchester Road (HWY. 79N) and Margarita Road (PW 92-08) 15.1Adopt a resolution entitled: RESOLUTION NO. 93-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PROGRAM SUPPLEMENT NO. 002 TO LOCAL AGENCY/STATE AGREEMENT NO. 08-5459 BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA TO ESTABLISH FUNDING FOR THE TRAFFIC SIGNAL INSTALLATION AT WINCHESTER ROAD (HWY 79N) AND MARGARITA ROAD 16.Program Supplement Agreement No. 003 to the Local Agency/State Agreement for Federal-Aid Proiects for the Traffic Signal at Margarita Road and La Serena Way (PW 92-06) 16.1Adopt a resolution entitled: RESOLUTION NO. 93-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PROGRAM SUPPLEMENT NO. 003 TO LOCAL AGENCY/STATE AGREEMENT NO. 08-5459 BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA TO ESTABLISH FUNDING FOR THE TRAFFIC SIGNAL AT MARGARITA ROAD AND LA SERENA WAY 18. Lease Agreement for Parking Lot for Temecula Valley Senior Center Minutes\3\23\93 -4- 11/01/95 City Council MinutesMarch 23, 1993 1 8.1Authorize the City Manager to execute a lease between the City and the State of California for a parking lot for the Senior Citizen Center. The lease shall be substantially the form presented subject to the City Attorney's approval as to final form. SECOND READINGOF ORDINANCES 19. Second Reading of Graffiti Ordinance 1 9.1Read by title only and adopt an ordinance entitled: ORDINANCE NO. 93-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING DIVISION 4 TO CHAPTER 6.14 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO GRAFFITI REMOVAL AND ESTABLISHING REWARDS FOR INFORMATION LEADING TO THE SUCCESSFULCONVICTION OF ANY PERSON PLACING GRAFFITI ON ANY PUBLIC OR PRIVATE PROPERTY The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Parks, Roberts, Stone, Muiioz NOES: 1 COUNCILMEMBERS: Birdsall ABSENT: 0 COUNCILMEMBERS: None 6.Addendum to Emer-gency Funding Agreement with Riverside County Flood Control and Water Conservation District MayorMufiozaskedwhytheanticipatedexpenditurehasincreased. DirectorofPublic Works Tim Seriet explained that the work has been completed and this final billing reflects some unanticipated costs. It was moved by Councilmember Parks, seconded by Councilmember Stone to approve staff recommendation as follows: 6.1Approve Addendum No. 1 to the Emergency Funding Agreement ("AGREEMENT") with Riverside County Flood Control and Water Conservation District ("DISTRICT") to limit the maximum amount payable to the DISTRICT's Contractor to $600,000; 6.2Require the Contractor to provide Faithful performance bonds; Minutesk3\23\93 -5- 11/01/95 City Council MinutesMarch 23, 1993 6.3Authorize the Mayor and the City Clerk to execute Addendum No. 1 to the AGREEMENT; 6.4Appropriate an additional $300,000 to Acct. No. 00 1 -1 66-999-5420 from General Fund Unreserved Fund Balance. The motion was unanimously carried. 8.Status Rer)ort on Re-gional Air Quality Pro-gram Implementation Mayor Mufioz asked why reference to alternative fuels is not mentioned in this program. Director of Planning Gary Thornhill explained it is addressed in the complete plan, however, this report only deals with vehicle trip reduction. It was moved by Councilmember Parks, seconded by Councilmember Stone to receive and file report. The motion was unanimously carried. 11.Award of Contract for the Traffic Signal Installation at Margarita Road and La Serena Way (Proiect No. PW 92-06) Mayor Muiioz asked why Lekos Lighting was the successful bidder on the Winchester/Margarita Road Signal project and off by such a large amount on this similar project. Director of Public Works Tim Serlet explained there is a difference in the scope of work and it is common for different contractors to be the successful bidder on similar projects. It was moved by Councilmember Stone, seconded by Councilmember Parks to approve staff recommendation as follows: 1 1.1Award a contract for the Traffic Signal Installation at Margarita Road and La Serena Way, Project No. PW 92-06, to Signal Maintenance, Inc. for $1 1 8,398.65, and authorize the Mayor to execute the contract upon receiving Caltrans approval; 11.2Authorize the City Manager to approve change order not to exceed the contingency amount of $11,839.87 which is equal to 10% of the contract amount, for a total of $130,238.52. The motion was unanimously carried. Minutes\3\23\93 -6- 11/01/95 CitV Council Minutes March 23, 1993 1 3.Award of Professional Services Contracts for Proiect Coordinator, Land Surveying and Soils Testing for PW 92-05, Ynez Road Widening (CFD 88-12) Mayor MuFioz asked why the services of a project coordinator is necessary for this project. Director of Public Works Serlet explained that the City currently does not have adequate staff to devote full time to a job of this type and still maintain current service levels. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Roberts to approve staff recommendation as follows: 1 3.1Award Professional Services contracts for the construction of the Ynez Road Widening Project, PW 92-05 which is within CFD 88-1 2, and authorize the Mayor and City Clerk to execute the following contracts: J.F. Davidson Associates, Inc. for land surveying in the amount of $54,1 87; Law/Crandall, Inc. for soils testing and observation in the amount of $31,400. NBS/Lowry as Project Coordinator in the amount of $1 30,320. The motion was unanimously carried. 1 7. Disaster Recovery Budciet Appropriation Mayor Pro Tem Roberts asked why the cost of Fire Services went up. Finance Officer Mary Jane McLarney explained the original figure was low due to a staff error in calculating personnel hours. Mayor Pro Tem Roberts asked the time frame for the City to be reimbursed for these costs. Ms. McLarney answered that the City has complied with FEMA requirements to provide project lists and reported a voucher packet will be presented to FEMA officials detailing total costs, as well as photographs illustrating damage. She reported based on conversations with other Finance Directors, experiencing similar disasters, a projected reimbursement may take approximately two years. It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Stone to approve staff recommendation as follows: 1 7.1Appropriate an additional $1 5,000in account 001 -1 66-999-5288,Police Services from General Fund Unreserved Fund Balance; 1 7.2Appropriate an additional $62,1 00 in account 001 -1 66-999-525 1,Fire Services from General Fund Unreserved Fund Balance; Minutes\3\23\93 -7- 11/01/95 City Council MinutesMarch 23, 1993 1 7.3Appropriate an additional $75,000 in account 001-166-999-5401, Drainage Facility Maintenance from General Fund Unreserved Fund Balance; 17.4Appropriate an additional $85,000 in account 001-166-999-5402, Street Maintenance from General Fund Unreserved Fund Balance; 1 7.5Appropriate an additional $5,000 in account 001-166-999-5100, Salaries and Wages from General Fund Unreserved Fund Balance. The motionwas unanimously carried. COUNCIL BUSINESS Mayor Muiioz reordered the agenda to take Item 24 out of order. 24.Discussion of Walmart Proposal City Manager Dixon presented the staff report. Councilmember Stone asked City Manager Dixon how he arrived at the projected sales tax benefits. City Manager Dixon explained they were based upon a number of comparisons between cities with similar population and store size projections. Councilmember Parks asked if K-Mart and Target are included in Assessment District 1 61. City Manager Dixon stated they are not. Councilmember Parks said that he feels the incentives offered places Walmart on an equal basis with Target and K-Mart since Walmart will be included in this district. Councilmember Birdsall asked what type of return the City is currently receiving on investment funds. Finance Officer Mary Jane McLarney stated the City is currently earning 4.5 percent. Councilmember Birdsall stated she feels that if the City only receives 1/2 of the projected sales tax revenues, the Walmart proposal will be a very beneficial proposal. RECESS Mayor MuFioz declared a recess at 8:03 PM. The meeting was reconvened at 8:1 3 PM with all members present. The following citizens spoke in favor of the Walmart proposal: Steve Eytchison, 27620 Commerce Center Drive, #1 01. Minutes\3\23\93 -8- 11/01/95 CitV Council Minutes March 23, 1993 Russell Rumansoff, 27349 Jefferson Avenue, Suite 206, representing the Temecula-Murrieta Economic Development Corporation. David Lowry, 27349 Jefferson Road, spoke in favor and also addressed the need for Councilmembers to remain neutral on an issue until both sides have been presented. Tim McMahon, 33962 Blue Lantern, Dana Point, representing Grubb & Ellis Commercial Real Estate. Dan Atwood, 30521 Del Rey. Dick Kurtz, 43500 Ridge Park Drive, #201. Ben Fraleigh, 27740 Jefferson. Patricia L. Partin, 2841 0 Front Street, # 1 04-28 1. Sergio Contreras, 26463 Ynez Road, representing So Cal Cinemas. Dee Belles, 30661 Avenida Buena Suerte. Dixie Schleiger, 2076 5 Alameda Del Monte, Wildomar, small business owner. Steve Alquist, 31 265 Enfield Lane, representing Temecula-Murrieta Economic Development Corp. Edward Andersen, 27431 Bolandra Court. Brian Price, 30252 Tomas, Ste 200, representing Coco's Bakery and Restaurant. Joe Meyer, 37570 University Avenue, Riverside, representing the applicant, spoke in favor stating it makes economic sense and in general most retailers are in favor. He stated he would be available for questions. Robert Meadow, President of Decision Research, also representing the applicant, reported on the results of a survey conducted within the City of Temecula, showing a two-thirds ratio of approval rate for Walmart. Greg Erickson, 431 64 Corte Colandra, representing the applicant spoke in favor stating he feels this will be the kick-off for a regional center which would attract other stores to the area. Bryan Noreen, General Manager of Kemper Real Estate, representing the applicant, spoke in favor of the proposal stating it will provide a method of funding necessary infrastructure improvements. The following citizens spoke in opposition to the Walmart proposal: Maria Hetzner, 40657 Carmelita. Lauretta Olson, 41949 Kaffinboom. Jackie Conrad, 45796 Hopaetong. Joseph R. Terrazas, 31 1 60 Lahontan Street, spoke against offering incentives. Gladys Morris, 41 730 Gailwood Court. Lori Rubin, 27483 Jefferson Avenue, representing Looking Good Beauty Supply. John Hunneman, representing KRTM, 27645 Jefferson. Fran Rifkin, 31366 Corte Montiel. Minutes\3\23\93 -9- 11/01/95 City Council Minutes March 23, 1993 RECESS Mayor Muiioz declared a brief recess at 9:1 1 PM to change the tape. The meeting was reconvened at 9:1 2 PM with all members present. The following citizens concluded in opposition to the Walmart proposal: Jayme Christian, 30762 Calle Pina Colada, spoke in opposition to incentives being offered to Walmart. Roger Bergstein, 29605 Solana Way. Charles March, 28522 Via Las Flores, Murrieta. Sally Myers, 44041 Northgate Avenue, spoke in opposition to incentives. Louis Todd, 30645 Southern Cross Road, spoke in opposition to incentives. RECESS Mayor Mufioz declared a recess at 9:22 PM. The meeting was reconvened 9:38 PM with all members present. Councilmember Parks spoke in favor of staff recommendation stating all parties negotiated in good faith and a very favorable proposal has been reached. He stated he feels this proposal is in the best interest of the City, due to the tax dollars it will generate and competition it will provide to keep prices low in Temecula. Mayor Pro Tem Roberts spoke in favor of the proposal stating he feels the sales tax benefit during the first year will more than outweigh the cost of incentives. He explained that he feels that the current number of discount stores is not a valid reason to deny the proposal. He did object, however, to the proposed location of Walmart. Councilmember Stone spoke against the Walmart proposal explaining he feels the City is setting a precedent during difficult economic times regarding incentives. He stated a redistribution of existing tax dollars will occur instead of additional revenues being generated. He also requested that a non-competition clause be added to the proposal to protect the City from future Walmarts competing within a 1 5 mile radius. It was moved by Councilmember Stone, seconded by Councilmember Birdsall to extend the meeting until 1 1:00 PM. The motion was unanimously carried. Councilmember Birdsall spoke in favor of the Walmart proposal explaining that without large contributors to the Mello Roos District (88-12), projects such as the Overland Crossing will not be funded. She stated she is a small business owner and feels competition is healthy for a community. She further stated that incentives offered to other businesses, such as Costco, have more than paid for themselves through increased sales tax. Minutes\3\23\93 -10- 11/01/95 City Council Minutes March 23, 1993 Mayor MuFioz spoke against the Walmart proposal, stating he feels it is not in the CitV's best interest to offer incentives to one of the largest retailers in the Country, and stated that public funds must be protected in difficult economic times. RECESS Mayor Mufioz declared a brief recess at 10:30 PM to change the tape. The meeting was reconvened at 10:31 PM with all members present. It was moved by Councilmember Birdsall, seconded by Councilmember Parks to approve staff recommendation. Councilmember Stone requested that a requirement for a 1 5 mile non-competition radius be added as part of the motion. Councilmember Parks asked if Lake Elsinore is within 1 5 miles, and suggested a possible a 1 0-mile radius. Councilmember Parks said he was willing to amend the motion to include a 1 0 mile non competition radius. City Manager Dixon stated this point was not agreed upon, and it could cause the process to have to be renegotiated. Mayor MuFioz asked Joe Meyer, representing Walmart, if a 10 mile non-competition clause would be agreeable to the applicant. Mr. MeVer stated that although there are no plans for another Walmart in the immediate 10-mile area, this is a provision that would not be agreeable to Walmart. The motion to approve staff recommendation as follows: 24.1Approve a waiver of fees totaling approximately $133,000 for permits, inspections, development impact fees and signal mitigation fees, a net cash incentive for the payment of fees to other jurisdictions in the amount of $62,000and acceptance of long-term debt service on A.D. 1 61 in a mount, not to exceed $1 67,000. The City Attorney was directed to prepare the necessary and appropriate documents. was carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Parks, Roberts NOES: 2 COUNCILMEMBERS: Stone, Mufioz ABSENT: 0 COUNCILMEMBERS: None Minutes\3\23\93 -11- 11/01/95 City Council Minutes March 23, 1993 RECESS Mayor Mufioz declared a recess at 10:46 PM. The meeting was reconvened at 11:30 PM following the previously scheduled Community Services District and the Redevelopment Agency meetings. 20.Addition to Anti-Graffiti Ordinance It was moved by Councilmember Parks, seconded by Councilmember Stone to continue Item No. 20 to the meeting of April 13, 1993. The motion was unanimously carried. 23.Business Incentive Program At the City Manager's request, it was moved by Councilmember Birdsall, seconded by Councilmember Parks to continue Item No. 23 to the meeting of April 1 3, 1993. The motion was unanimously carried. It was moved by Councilmember Birdsall, seconded by Councilmember Parks to extend the meeting until 12:00 AM. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Parks, Roberts NOES: 2 COUNCILMEMBERS: Stone, MuFioz ABSENT: 0 COUNCILMEMBERS: None 21.Ar)r)roval of Fiscal Year 1993-94 Community Development Block Grant Applications Financial Services Administrator Grant Yates presented the staff report. RECESS Mayor MuFioz declared a brief recess at 1 1:44 PM to change the tape. The meeting was reconvened at 1 1:46 PM with all members present. Joan Ellis, 40105 Ravenwood Drive Murrieta, representing CSA 143 and City of Murrieta, requested the City Council recommend CDBG funding for the Dial-a-ride Transit program. Minutes\3\23\93 -12- 11/01/95 CitV Council Minutes March 23, 1993 Ben Novelle, a local therapist, representing Alternatives to Domestic Violence requested the Council recommend CDBG funding for this program, stating the problem is serious and does exist in this area. Councilmember Parks asked how many cases were responded to last year. Mr. Novell stated that 1,784 calls were received in the area which includes Corona through Temecula. Louise Ball, 27464 Commerce Center Drive, representing Operation School Bell requested the City Council consider their request for funding. She stated in 1 991-92, 190 children were clothed and in 1 992-93,the number increased to 568 children. She explained children are referred to the program directly by the school district and this program enables children to continue attending school. She said without such help many would eventually drop out. Councilmember Stone asked if there are other sources of funding that could be used for the Graffiti program. City Manager Dixon suggested that Item No. 3, Community Watch - Graffiti Stakeouts, could be funded out of existing funds. Councilmember Parks spoke in support of Operation School Bell and Alternatives to Domestic Violence and asked if there are other sources of funding available to assist with the County Service Area 143 Dial-A Ride program, which is also a very worthwhile project. City Manager Dixon stated it might probably be easier to explore other funding for that program because it falls under the area of transportation. Councilmember Birdsall suggested assisting the Dial A Ride program by providing a cellular phone for their use. Mayor Pro Tem Roberts and Mayor Mufioz also supported funding for operation School Bell and Alternatives to Domestic Violence, requested that alternative forms of funding for the other two projects be investigated. It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Parks to approve the funding for Operation School Bell ($10,000), Alternative to Domestic Violence ($10,000), Sam Hicks Park Improvements ($30,000) and Pujol Street Improvements ($1 22,450). The motion was unanimously carried. Mayor Mufioz recommended that Item No. 22 be continued. 22.Boys and Girls Club Proiect It was moved by Councilmember Stone, seconded by Mayor Pro Tem Roberts to continue Item No. 22 to the meeting of April 13, 1 993. Minutes\3\23\93 -13- 11/01195 City Council Minutes March 23, 1993 The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Roberts, Stone, Muiioz NOES: 2 COUNCILMEMBERS: Birdsall, Parks ABSENT: 0 COUNCILMEMBERS: None CITY MANAGER REPORTS None given. CITY ATTORNEY REPORTS CityAttorney Field reported thatthe Owner ParticipationAgreementforWalmartwill be placed on the agenda of April 1 3, 1993. CITY COUNCIL REPORTS Mayor Muiioz asked if their is a problem with issues regarding the Lutheran Church. City Attorney Field responded that pursuant to Council instruction, the City has obtained an appraisal but he would prefer to review it with Council in closed session at the Council Meeting on April 13, 1 993. Councilmember Birdsall requested that staff look into placing a painted crosswalk at the corner of Ynez and Moraga Road on Rancho California Road. She also asked if there has been a change in scheduling of the April 6, 1993 meeting by Supervisor Buster's office. Mayor Mufioz stated he has not received a reply, but will keep trying. ADJOURNMENT It was moved by Councilmember Stone, seconded by Mayor Pro Tem Roberts to adjourn at 1 2:1 6 PM. The motion was unanimously carried. J.@l Munoz, Ma@or ATTEST: k, City Cle@@ Minutes\3\23\93 -14- 11/01/95