HomeMy WebLinkAbout122094 CC Special Meeting MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
HELD DECEMBER 20, 1994
A regular meeting of the Temecula City Council was called to order at 1:32 PM at the Main
Conference Room of City Hall, 43174 Business Park Drive, Temecula, California. Mayor Ron
Roberts presiding.
PRESENT: 3
COUNCILMEMBERS: Lindemans, Stone, Roberts
ABSENT: 2 COUNCILMEMBERS: Muhoz, Parks
Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson,,and City Clerk
June $. Greek.
FXFCUTIVF SIrSSION
A meeting of the City of Temecula City Council was called to order at 1:32 PM. It was moved by
Mayor Pro Tem Stone, seconded by Councilmember Lindemans to adjourn to Executive Session
pursuant to Government Code Sections:
§54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATOR, regarding price and terms
of payment with respect to the acquisition of real property located at 41953 Main Street,
Temecula. The parties to the negotiations are Temecula Redevelopment Agency and Ed and
Kathleen Dool, DBA Dual Development Inc.
§54956.9(a) CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION:
a. Moore v. City of Temecula
b. Rancon Commerce Center; Seeberger; Indian Child Welfare v. City of Temecula, et al
c. Hill v. City of Temecula
d. Old Vail Partners v. City of Temecula, et al.
e. Rancho Regional Shopping Center v. City of Temecula
f. Mittleman v. City of Temecula
g. Morger v. Riverside Habitat Conservation Agency; City of Temecula, et al.
The motion was unanimously carried with Councilmembers Muhoz and Parks absent.
Councilmember Mu~oz joined the executive session at 1:38 PM.
Councilmember Parks joined the executive session at 1:39 PM.
Mayor Roberts reconvened the regular session at 2:15 PM, with all Councilmembers present.
City Manager Bradley announced that the following action was taken in Closed Session:
Approved the purchase of property located at 41953 Main Street, Temecula, CA in the
amount of $85,660.96 representing actual purchase price and closing costs paid for the
property by Ed and Kathleen Dool.
Approved the execution of a purchase agreement with Ed and Kathleen Dool incorporating
the terms of a business letter dated November 18, 1994 in a form acceptable to the
Executive Director and Redevelopment Agency Attorney.
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Mr. Bradley stated a motion is needed to approve Items 2 and 4 discussed in Closed Session. It
was moved by Councilmember Lindemans, seconded by Councilmember Parks to approve Items 1
and 2 as discussed in closed session. The motion was unanimously carried with Mayor Pro Tem
Stone abstaining.
City Attorney Thorson announced that Council authorized the firm of Best, Best and Krieger to
represent the City in the matter of Morger v. Riverside Habitat Conservation Agency; City of
Temecula, et al. and waived any potential conflict of interest that might arise from that firms
representation of other litigants named.
PLFDGF OF ALl F~IANCF
The audience was led in the flag salute by Councilmember Lindemans.
PUBLIC COMMI=NTS
Patricia Keller, P.O. Box 521, addressed the City Council regarding the Old Town Entertainment
project, asking that Council and staff provide the public with the financial statements as soon as
possible.
COUNCIL R!::PORTS
Councilmember Mu~oz, reported on the latest RTA meeting. Route 23 has suffered a decline in
ridership, due to expansion to the City of Murrieta and the time delays experienced. He reported
that a recommendation for adding a third bus is being considered.
Councilmember Lindemans requested that a discussion of the time limits for existing development
agreements be placed on the next closed session agenda.
CONSI=NT CAL;NDAR
Mayor Pro Tem Stone requested a correction on the minutes of November 15, 1994, noting the
vote on No. 7 should be 3 in favor.
City Attorney Thorson announced Mayor Roberts has a Conflict of Interest on Item No. 14 since he
is a Board Member of the Balloon and Wine Festival. He also announced Mayor Pro Tern Stone has
a conflict of Interest on Item No. 16, because he owns property in Old Town, and Councilmember
Mu~oz has a conflict on Item No. 8, because he is retained by Kemper.
Councilmember Lindemans abstained on Item No. 2, since he was not present at that meeting.
Mayor Roberts announced he would vote "no" on Item No. 1 1. Mayor Pro Tem Stone requested
that Item 1 1 be removed from the Consent Calendar,
Councilmember Mu~oz registered a "no" vote on Item No. 14.
It was moved by Councilmember Parks, seconded by Councilmember Lindemans to approve
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Consent Calendar Items 1-10 and 12-16, with Mayor Roberts abstaining on Item No. 14 and
voting "no" on Item No. 11, Mayor Pro Tem Stone abstaining on Item No. 16 and Councilmember
Mu~oz abstaining on Item No. 8 and voting "no" on Item No. 14.
The motion was carried by the following vote:
AYES: 5 COUNCILMEMBERS: Lindemans, Mu~oz, Parks, Stone, Roberts
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
1. Standard Ordinance Adol;)tion Procedure
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda.
2. Minutes
2.1
AYES: 4
NOES: 0
ABSENT: 0
ABSTAIN: 1
Approve the minutes of November 15, 1994.
COUNCILMEMBERS: Mu~oz, Parks, Stone, Roberts
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: Lindemans
o
Resolution Ai;)l~roving List of Demands
3.1 Adopt a resolution entitled:
RESOLUTION NO. 94-115
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 ReDort
4.1 Receive and file the City Treasurer's Report as of October 31, 1994.
Status Rel~ort on City Ffforts to Obtain a State Historic Designation for Portions of Old
Town Temecula
5.1 Receive and file report.
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10.
Pala Park Reimbursement Agreement
6.1 Approve and authorize the Mayor to sign the "Temecula Lane and Pala Channel
Reimbursement Agreement.
Fire Protection Agreement for Fiscal Year 1994/95
7.1 Approve the Fire Protection Agreement for Fiscal Year 1994/95 and authorize the
Mayor and City Manager to approve the final form and execute the agreement.
Acceptance of Public Improvements in Widening of Margarita Road Between Rancho
California Road and La Serena Way
8.1 Accept the public improvements constructed under the terms of the agreement
between the City of Temecula and Margarita Village Retirement Community Village,
Inc. dated June 14, 1994 and accept the maintenance responsibilities thereof.
AYES: 4 COUNCILMEMBERS: Lindemans, Parks, Stone, Roberts
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 1 COUNCILMEMBERS: Mudoz
Award of Contract for the Construction of a Traffic Signal at the Intersection of Margarita
Road and Avertida Barca. Project No. PW93-10
9.1 Award a contract for the construction of the Traffic Signal at the intersection of
Margarita Road and Avertida Barca, Project No. PW93-10 to Macadee Electrical
Construction for $81,849.00 and authorize the Mayor to execute the contract upon
receiving Caltrans approval.
9.2 Authorize the City Manager to approve change orders not to exceed the contingency
amount of $8,184.90 which is equal to 10% of the contract amount.
9.3 Advance $90,033.90 in Signal Mitigation Funds from the Development Impact Fund
to the Capital Improvement Projects Fund.
Completion and Acceptance of the ! iefer Road Bridge and Street Improvements. Project No.
PW93-07
10.1 Accept the Liefer Road Bridge and Street Improvements, Project No. PW93-02, as
complete and direct the City Clerk to:
· File the Notice of Completion, release the Performance Bond, and accept a
one (1) year Maintenance Bond in the amount of 10% of the contract.
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Release the Materials and Labor Bond seven (7) months after the filing of the
Notice of Completion if no liens have been filed.
12.
Revised Vesting Tract MaD No. 73103-1 (located south of La Serena Way and west of
Butterfield Stage Road)
12.1 Approve revised Vesting Tract Map No. 23103-1 subject to the conditions of
approval.
13. Contract for Professional Services with C.M. Gilliss. Consultant
13.1
Approve and authorize the Mayor to execute the Professional Services Agreement
with C.M. "Max" Gilliss to act as a liaison between the City and governmental
agencies and special interest groups for a monthly fee of $3,000.00
13.2 Appropriate $3,000 in the City Manager's Department consulting line item from the
General Fund - Fund Balance.
14. Extension of Loan for Balloon and Wine Festival
14.1 Approve a one year extension for repayment of the Temecula Valley Balloon and
Wine Festival Loan.
AYES:
3 COUNCILMEMBERS: Lindemans, Parks, Stone
NOES: 1
COUNCILMEMBERS: Mu~oz
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: I
COUNCILMEMBERS; Roberts
SECOND READING OF ORDINANCES
15. Ordinance No. 94-32
15.1 Read by title only and adopt an ordinance entitled:
ORDINANCE NO. 94-32
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING
THE OFFICIAL ZONING MAP OF THE CITY FOR CHANGE OF ZONE APPLICATION
NO. 26, CHANGING THE ZONE FROM R-A-20 (RESIDENTIAL AGRICULTURAL 20
ACRE MINIMUM PARCEL SIZE) TO C-O {COMMERCIAL OFFICE) R-5 OPEN SPACE ON
PROPERTY LOCATED ON THE SOUTHWESTERLY CORNER OF RANCHO CALIFORNIA
ROAD AND RIDGE PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NUMBER
914-48O-O05
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16. Ordinance No. 94-33
11.
16.1 Read by title only and adopt an ordinance entitled:
ORDINANCE NO. 94-33
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING
AND AMENDING THE TIME LIMITS IN THE COUNTY OF RIVERSIDE
REDEVELOPMENT PLAN 1-1988
AYES:
4 COUNCILMEMBERS: Lindemans, Muhoz, Parks, Roberts
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 1
COUNCILMEMBERS: Stone
Contract Amendment No. 1 to the Professional Services Contracts for Soils Testing - Liefer
Road Crossing (PW93-07)
Mayor Pro Tem Stone asked why this is coming up after the work has been completed.
Public Work Director Joe Kicak explained that this change order was a direct result of a
condition that was not anticipated, a water line that was not on the utility plans for the
area.
Councilmember Mu~oz asked if another agency does not report utilities, has the City the
right to recover costs for overruns. He asked that staff entertain the concept of seeking
legal remedies for costs resulting from agencies not reporting utilities. City Manager Bradley
stated he would research this matter and report back to the Council.
It was moved by Councilmember Parks, seconded by Councilmember Lindemans to approve
staff recommendation as follows:
11.1
Approve contract Amendment No. I to the Professional Services Contract with
Leighton and Associates to provide additional concrete and soils testing services for
the Liefer Road Bridge and Street Improvements Project (PW93-02) in the amount of
$4,964.62.
The motion was carried by the following vote:
AYES:
3 COUNCILMEMBERS: Lindemans, Mu~oz, Parks
NOES:
2 COUNCILMEMBERS: Stone, Roberts
ABSENT: 0 COUNCILMEMBERS: None
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COUNCIL BUSINFSS
19. Memorandum of Understanding Concerning Sl~ecific Plan //199. Costain Homes
Planning Director Gary Thornhill presented the staff report.
Mayor Pro Tem Stone asked how many homes are potentially involved and if the City has
pursued an agreement requiring the developer to bear all legal costs should litigation occur.
Planning Director Gary Thornhill reported this agreement covers 68 homes and indicated this
type of agreement has been negotiated in past agreements and represents a shared
responsibility for legal fees.
Councilmember Lindemans asked how many vested units exist in the City where this type
agreement was used. Mr. Thornhill responded approximately 10,000 units are vested in the
City at this time.
Councilmember Parks stated the Memorandum of Understanding in question is a small
percentage of the total number of units and a delay may hold up building permits.
Councilmember Mu~oz asked if building permits could be issued, based on an agreement
with the developer that the terms of the MOU, if and when approved, would establish the
fees.
It was moved by Councilmember Parks to approve staff recommendation. The motion failed
for lack of a second.
Sanford Edward, representing Costain, stated that this MOU represents a small number of
lots and Costain could not afford to bear the entire legal responsibility.
City Manager Bradley suggested allowing staff time to research the Kemper agreement and
do an analysis.
Mayor Pro Tem Stone suggested allowing building permits to be pulled at the $5,000 fee, to
be reimbursed when agreement is reached.
Sanford Edwards representing Contain, asked that Contain pay $3,200 and pay additional
fees at a later time if necessary.
It was moved by Mayor Pro Tem Stone, seconded by Councilmember Mu~oz to refer this
matter to staff to address Council's expressed concerns regarding the provisions for
payment of legal fees. It was further directed that staff allow permits to be pulled by the
developer at the $5,000 per D.U. County fee, with the understanding the City will rebate
any difference to the developer, should a lower fee be negotiated, when the MOU is
approved.
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AYES: 3
NOES: 2
ABSENT: 0
COUNCILMEMBERS: Mu~oz, Stone Roberts
COUNCILMEMBERS: Linderoans, Parks
COUNCILMEMBERS: None
CITY MANAG!=R'S RFPORT
None given.
CITY ATTORN!=Y'S REPORT
None given.
ADJOURNMFNT
It was moved by Councilmember Parks, seconded by Councilmember Lindemans to adjourn at 3:25
PM to a meeting on January 10, 1995, 7:00 PM, Community Recreation Center, 30875 Rancho
Vista Road, Temecula, CA. The motion was unanimously carried.
Ron Roberts, Mayor
ATTEST:
[SEAL]
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