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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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