HomeMy WebLinkAbout061395 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
HELD JUNE 13, 1995
A regular meeting of the Temecula City Council was called to order at 7:01 PM at the
Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor
Jeffrey E. Stone presiding.
PRESENT 5 COUNCILMEMBERS: Lindemans, Mu~oz, Parks,
Stone, Roberts
ABSENT: 0 COUNCILMEMBERS: None
Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City
Clerk June S. Greek.
EXECUTIVE SESSION
A meeting of the City of Temecula City Council was called to order at 5:44 PM. It was moved
by Councilmember Lindemans, seconded by Councilmember Parks to adjourn to Executive
Session pursuant to Government Code Sections:
1. §54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Property: Bounded by
Rancho California Road and Ynez Road, a portion of Assessor's Parcel Number 944-330-006;
Negotiating parties: City of Temecula and Kemper Real Estate Company; Under negotiation:
Proposed price and terms for the sale of real property.
2. §54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Property: Assessor's
Parcel No. 935-380, Parcels 008,009,010, 011; Negotiating parties: City of Temecula and
Jack Buck (Gerald Barnes); Under negotiation: Proposed price and terms for sale of real
property.
3. §54956.9(c), Initiation of Litigation, one item.
The motion was unanimously carried.
The meeting ws reconvened in regular session at 7:00 PM.
City Attorney Thorson reported that the City Council gave direction to the City's real property
negotiator and there is nothing further to report with respect to these items.
INVOCATION
The invocation was given by Councilmember Mu~oz.
PLEDGE OF ALLEGIANCE
The audience was led in the flag salute by Mayor Pro Tem Lindemans.
Minutes\6\ 13\95 -1- 06/28/95
City Council Minutes June 13, 1995
PRESENTATIONS/
PROCLAMATIONS
Certificates of Appreciation were presented to Bob & Bea Taylor as the Official Town Greeters,
Tom Leevers for his consistent donation of auctioneering talents and Laura Cannon-Behnke,
for her efforts as Neighborhood Watch, City Coordinator. Councilmember Mu~oz presented
John Moramarco of Calloway Vineyards with a Certificate of Appreciation for his many
donations of product as well as use of his facilities.
Mayor Stone proclaimed June 18-25, 1995 as "Amateur Radio Week". Robert Sherman, Club
President of the Golden Triangle Amateur Radio Club accepted the proclamation.
Council Mu~oz announced the Bicycle Safety Essay Contest Winners as follows:
6th Grade Girls
1st Place - Ashley Davie, Margarita Middle School
2nd Place - Jill Flores, Margarita Middle School
3rd Place - Megan Dresch, Temecula Middle School
6th Grade Boys
1st Place - Cameron Carnes, Margarita Middle School
2rid Place - Mike Burke, Margarita Middle School
3rd Place - Jeff Grana, Temecula Middle School
7th Grade Girls
1st Place - Kim Wilcox, Margarita Middle School
2nd Place - Rachelle LaPointe, Linfield Middle School
3rd Place - Jennie Cortenbach, Margarita Middle School
7th Grade Boys
1st Place - Jonathan Jacobsen, Margarita Middle School
2nd Place - Benjamine M.C. Taylor, Jr, Margarita Middle School
Mayor Stone thanked all the participants, Target as the sponsor for the bicycles and bicycle
helmets and Councilmember Mu~oz for judging the essays.
PUBLIC COMMENTS
Richard Dierking, 29982 Ave Cima Del Sol, expressed concern about unsanitary restrooms at
the playgrounds at Rancho California Sports Park.
Ginger Greaves, announced a pre-employment planning meeting on June 14, 1995, 7:00 PM
at Temecula Valley High School, regarding future employment regarding the Old Town
Entertainment Center Project. She announced representatives from Flour Daniel and the Hotel
will answer questions regarding jobs.
Minutes\6\13\95 -2- 06/28/95
Citv Council Minutes June 13, 1995
Dale Qualm, 41836Via Balderam, representing the Kiwanis Club, invited the City Council and
City staff to participate in the Kiwanis dunk tank during the 4th of July festivities. He also
recommeded a training program with City and EDD, since there are no programs for youth
between ages of 18 and 22 years old.
Kay Cassaro, 31616 Paseo Goleta, spoke in favor of the ballot initiative against the Old Town
Entertainment Center Project.
George Buhler, 40265 Paseo Sereno, stated misrepresentations have been made against
TOTAL, and stated TOTAL strongly supports the Overland Overpass and was not responsible
for the loss of a hotel in Temecula.
Doug Davies, representing the EDC, stated that everything Mayor Stone has stated regarding
the dealings with the hotel firm is true in every regard. He stated that much of the work the
EDC conducts is done on a confidential basis so he is unable to discuss specifics in this
matter.
Joseph Terrazas, 31160 Lahontan, asked if follow-up was done on a lead he presented to the
City Council regarding location of a Toyota Motor Co. facility.
Marvin Zeldin, 38027 Via Del Largo, presented a petition to the City Clerk signed by 90
merchants in favor of the Old Town Entertainment Project. He urged the City Council to move
forward with the project.
CITY COUNCIL REPORTS
Councilmember Parks stated the SCAG Regional Council held their annual retreat in Temecula
and it was very successful. He also announced he received a petition from property owners
on Club House Drive and Pala Rd. regarding traffic problems. He advised the Council that he
has given this matter to the City Engineer to review with the Public/Traffic Safety Commission.
Councilmember Roberts announced WRCOG is having a general session on the 22nd of this
month at the Lake Elsinore Storms Stadium and invited the Council to attend. He stated that
50% attendance is needed to conduct business.
Councilmember Mu~oz stated he has spoken with Frank Klein regarding air quality, and has
asked Mr. Klein to share his information with the Council.
CONSENT CALENDAR
Councilmember Roberts registered a "no" vote on Item No. 1 2
Councilmember Parks asked when Item No. 13, Parkview Site Grading asking when this is
scheduled to go to bid. Public Works Director Joe Kicak stated approval has been received
from the church and it will be advertised in the next week or two.
Minutes\6\13\95 -3- 06/28/95
City Council Minutes June 13, 1995
Mayor Stone removed Item No. 11 from the Consent Calendar. He commented on Item No.
14 stating Calle Medusa has been serving as arterial, however with Walcott going out to bid,
this will hopefully provide relief to Calle Medusa residents.
It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Parks to approve
Items 1-10, and 1 2-14, with Councilmember Roberts voting no on Item No. 1 2.
The motion carried as follows:
AYES: 5
COUNCILMEMBERS:
Lindemans, Mu~oz, Parks, Roberts,
Stone
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
o
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 Approve the minutes of May 23, 1995.
Resolution ADDrovinQ List of Demands
3.1
Adopt a resolution entitled:
RESOLUTION NO. 95-48
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
4.1 Receive and file the City Treasurer's Report as of April 30, 1995.
Release Warranty, Labor and Material, and Subdivision Monument Securities in Tract
No. 23160
5.1 Authorize the release of Faithful Performance Warranty, Labor and Material, and
Subdivision Monument Securities in Tract No. 23160;
Minutes\6\13\95 -4- 06/28/95
City Council Minutes June 13, 1995
5.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors, the
Developer and the Surety.
Substitute Public Facility Fee AQreement and Bond for PA94-0025 in Parcel Map No.
23624
6.1 Accept the substitute Public Facility Fee Agreement and bond for PP 10579 and
PP94-0025 in Parcel Map No. 23624;
6.2 Authorize the release of the existing agreement and bond on file;
6.3 Direct the City Clerk to so notify the several Developers and Sureties.
Release Subdivision Monument Bond in Parcel Map No. 23624
7.1 Authorize release of Subdivision Monument Bond in Parcel Map No. 23624;
7.2 Direct the City Clerk to so notify the Developer and Surety.
Completion and Acceptance of the Construction of Pala Road at HiQhwav 79S Interim
RiQht Turn Lane, Project No. PW94-08
8.1
Accept the Construction of Pala Road at Highway 79S Interim Right Turn Lane,
Project No. PW94-08, 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;
Release the Materials and Labor Bond seven (7) months after the filing
of the Notice of completion if no liens have been filed.
o
Completion and Acceptance of the Traffic Signal Installation at Margarita Road &
Avenida Barca, Project No. PW93-10
9.1
Accept the Construction of a Traffic Signal Installation at Margarita Road &
Avertida Barca, Project No. PW93-10, as complete and direct the City Clerk to:
File the Notice of Completion, release the Performance Bond, and accept
a six (6) month Maintenance Bond in the amount of 10% of the
contract;
Release the Materials and Labor Bond seven (7) months after the filing
of the Notice of completion if no liens have been filed.
Minutes\6\13\95 -5- 06/28/95
City Council Minutes June 13, 1995
10.
Release Faithful Performance and Labor and Material Bonds for Street Improvements,
and the Monument Bond in Parcel Map No. 23426
10.1
Authorize the release of the Faithful Performance and Labor and Material Bond
for Street Improvements and the Subdivision Monumentation Bond in Parcel
Map No. 23426;
10.2 Direct the City Clerk to so advise the Developer and Surety.
12.
Tract Map No. 27827 (located north of Nicolas Road and east of Winchester Road)
12.1 Approve Final Tract Map No. 27827, subject to the Conditions of Approval.
The motion carried as follows:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Lindemans, Mu~oz, Parks, Stone
I COUNCILMEMBERS: Roberts
0 COUNCILMEMBERS: None
13.
14.
Contract Amendment No. 2 to the Professional Services Contract for Civil Enqineerina -
Parkview Site Gradina and Improvements, Proiect No. PW93-09
13.1
Approve Contract Amendment No. 2 to provide additional civil engineering
services for the Parkview Site Grading Project by NBS/Lowry in the amount of
$1,220.00.
Solicitation of Construction Bids for Walcott Corridor Project - PW94-10
14.1
Approve the plans and specifications and authorize the Department of Public
Works to solicit public construction bids for Walcott Corridor - Project PW94-
10.
11.
Professional Consultant Selection Policy
11.1 Approve the Policy for Professional Consultant Selection.
Mayor Stone asked that a question be added to the application to include any cost
overruns a firm has experienced on other jobs in the City.
Councilmember Parks suggested it be inclusive of all projects in municipalities, not just
working with Temecula.
Minutes\6\13\95 -6- 06/28/95
City Council Minutes June 13, 1995
Public Works Director Joe Kicak stated he does not have a problem with consulting
other cities, but most firms are very selective in naming only those cities where they
have a good track record.
Councilmember Mu~oz expressed concern that City consultants not be given titles that
leads the public to believe they are a department head. He also stated he does not feel
consultants should deal directly with the press.
Councilmember Roberts suggested that all completed projects, similar to those being
proposed, be listed in the "Performance of Similar Work" section.
It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Parks to
approve staff recommendation to approve the Policy for Professional Consultant
Selection, contingent upon incorporating the various direction given by Council as
follows: 1.) To include an additional "cost over run" question to the ranking of
consultants; 2.) that all projects similar to those being proposed be rated in the
"Performance of Similar Work" section.
The motion was unanimously carried.
RECESS
Mayor Stone called a recess at 7:57 PM. The meeting was reconvened following the
previously scheduled Community Services District Meeting and the Redevelopment Agency
Meeting at 9:21 PM.
PUBLIC HEARINGS
11.
PlanninQ Application No. 95-0003- Westside Specific Plan, Planning Application No.
95-0004-Tentative Tract Map No. 28011, Planning Application No. 94-0061 - Master
Conditional Use Permit, Planning Application No. 95-0031 - Environmental Impact
Report and Development Agreement No. DV95-0001
Mayor Stone announced he has a conflict of interest on this issue and turned the
meeting over to Mayor Pro Tem Lindemarts.
Planning Director Gary Thornhill presented the staff report and announced changes in
the Conditions of Approval regarding the submission of the preliminary grading plan.
City Attorney Thorson corrected Item No. 15.2, stating this should be an ordinance,
rather than a resolution. He reported the language is essentially the same, however,
it takes the form of an ordinance rather than a resolution.
Minutes\6\13\95 -7- 06/28/95
City Council Minutes June 13, 1995
He stated that on Item 15.6, the Development Agreement, there are three changes.
The first is that the form of approval should be an ordinance, rather than a resolution.
The second change is that at the end of Section 1L, (language clarifying that the
Development is consistent with the Westside Specific Plan). The third change is with
respect to the Development Agreement itself. He reported he met with the three other
attorneys for the applicants and they have added some additional language to
paragraph 9G which relates to the imdemnification of the City.
Mayor Pro Tem Lindemans opened the public hearing at 9:38 PM.
Steve McCutchin, representing Hancock Development Company, Inc., 785 Spruce
Street, Riverside, stated the applicant is happy with the Planning Commission
recommendation with the exception of deleting Planning Area D, He requested that
some of the residential density in Planning Area D be placed back into the Westside
Specific Plan.
Pat MacAtee, Director of Community Services for Prudential Southland Real Estate,
28120 Front Street, read a proclamation in support of the Old Town Entertainment
Center as proposed. He presented the proclamation, signed by 57 people to the City
Clerk.
Frank Dagonese, 40538 Nob Court, spoke in support of Old Town Entertainment
Center.
Ed Doole, 4075 Moreno Rd, spoke in support of the Old Town Entertainment Center
Project.
Robert Schmitt, 40553 Calle Katerine, spoke in favor of the staff recommendation.
Ben Fraleigh, 39850 Rica Drive, spoke in support of the project.
Larry Markham, speaking for Anthony Terich who had to leave, spoke in favor of the
staff recommendation.
Neil Cleveland, 28465 Front Street, spoke in favor of the staff recommendation.
Sam Alhadeff, 27555 Ynez Road, #203, Counsel for the applicant, Zev Buffman,
complimented staff on work they have done, and requested the Council approve the
staff recommendation.
Phil Hoxey, 43318 Cielo De Azul, objected to the 2.1% growth rate used in the traffic
studies and spoke in opposition to staff recommendation.
Jan Bates, 2394 Green Valley Road, Fallbrook, spoke in favor of the Old Town
Entertainment Center Project.
Minutes\6\13\95 -8- 06/28/95
City Council Minutes June 15, 1995
Zev Buffman, applicant, stated that of all of the projects he has been involved in, none
have received the scrutiny this one has. He stated the Planning Commission has
approved the project on a 5/0 vote and this should give comfort to the community. He
spoke in support of the project.
Mayor Pro Tern Lindemans closed the Public Hearing at 10:09 PM.
Councilmember Roberts asked if there was agreement regarding service stations in
Planning Area A. Planning Director Thornhill stated it was mentioned as a concern, but
was not requested to be deleted.
RECESS
Mayor Stone called a brief recess at 10:10 PM to change the tape. The meeting was
reconvened at 10:11 PM.
It was moved by Councilmember Parks, seconded by Councilmember Mu~oz to extend the
meeting until 10:45 PM. The motion was unanimously carried with Mayor Stone abstaining.
Councilmember Roberts stated that due to movement of heavy, over-sized vehicles, he
recommends the Public/Traffic Safety Commission take a look at this and the City
adopt its own oversized permit regulations.
Councilmember Parks requested that the Council remain open on Planning Area D with
regard to residential zoning. He stated with reduced density, it may be a nice addition
to the project.
Councilmember Mu~oz asked staff to respond to Mr. Hoxey's question on growth
figures.
Mr. Tom Dodson, who prepared the Environmental Impact Report, explained the
number was derived from actual numbers at the specific intersections for the past two
years. He stated Caltrans, the Riverside County Transportation Group and all other
groups concurred, that was the annual growth rate measured over the past two years
of time. He explained that people already divert to avoid heavily impacted
intersections, and this will continue.
Councilmember Parks stated he would like to keep medium density in Area D. Mayor
Pro Tern Linderoans stated he is supportive of that recommendation. Councilmember
Mu~oz and Councilmember Roberts stated they are not in favor of designating Area D
as medium density.
Minutes\6\13\95 -9- 06/28/95
City Council Minutes June 13, 1995
It was moved by Councilmember Parks, seconded by Councilmember Roberts to
approve staff recommendation as follows:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 95-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
CERTIFYING PLANNING APPLICATION NO. 95-0031 (FINAL ENVIRONMENTAL
IMPACT REPORT) ADOPTING FINDINGS OF FACT AND STATEMENTS OF
OVERRIDING CONSIDERATION AND APPROVING THE MITIGATION
MONITORING PROGRAM ON PROPERTY GENERALLY LOCATED WEST OF
INTERSTATE 15, EAST OF THE ClTY'S WESTERN BORDER, SOUTH OF
RANCHO CALIFORNIA ROAD AND NORTH OF THE SANTA MARGARITA RIVER
The motion was unanimously carried with Mayor Stone abstaining.
It was moved by Councilmember Parks, seconded by Councilmember Roberts to
approve staff recommendation with changes in the Conditions of Approval regarding
the submission of the preliminary grading plans as outlined by the Planning Director and
with the modification that the resolution be substituted with an ordinance entitled:
15.2 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 95-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING PLANNING APPLICATION NO. 95-0003 (WESTSIDE SPECIFIC
PLAN) AND CHANGING THE ZONE FROM R-A-20 {RESIDENTIAL
AGRICULTURAL - TWENTY ACRE MINIMUM PARCEL SIZE) TO S-P {SPECIFIC
PLAN) ON PROPERTY GENERALLY LOCATED WEST OF PUJOL STREET, EAST
OF THE CITY'S WESTERN BORDER SOUTH OF RIDGE PARK DRIVE, AND
KNOWN AS ASSESSOR'S PARCEL NUMBERS 940-310-013, 940-320-001,
940-320-002,940-320-003,940-320-004,940-320-005,940-320-006 AND
940-320-007
The motion was unanimously carried with Mayor Stone abstaining.
Minutes\6\13\95 -10- 06128195
City Council Minutes June 13, 1995
It was moved by Councilmember Parks, seconded by Councilmember Roberts to
approve staff recommendation as follows:
15.3 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 95-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE
CHANGE OF ZONE APPLICATION CONTAINED IN PLANNING APPLICATION
NO. 95-0003, CHANGING THE ZONE FROM R-A-20 (RESIDENTIAL
AGRICULTURAL - TWENTY ACRE MINIMUM PARCEL SIZE) TO S-P (SPECIFIC
PLAN) ON PROPERTY GENERALLY LOCATED WEST OF PUJOL STREET, EAST
OF THE ClTY'S WESTERN BORDER SOUTH OF RIDGE PARK DRIVE, AND
KNOWN AS ASSESSOR'S PARCEL NUMBERS 940-310-013, 940-320-001,
940-320-002,940-320-003,940-320-004,940-320-005,940-320-006 AND
940-320-007
The motion was unanimously carried with Mayor Stone abstaining.
It was moved by Councilmember Roberts, seconded by Councilmember Parks to
approve staff recommendation as follows:
15.4 Adopt a resolution entitled:
RESOLUTION NO. 95-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING PLANNING APPLICATION NO. 94-0061 (MASTER CONDITIONAL
USE PERMIT) TO PERMIT CABARET THEATERS (2), SALOONS (2), AN OPERA
HOUSE, TV/RADIO STATION, VIRTUAL REALITY THEATERS (2), A QUICK
DRAW AREA, ADMINISTRATIVE AND TICKET OFFICES IN AN AREA
GENERALLY BOUNDED BY SIXTH STREET TO THE NORTH, FIRST STREET TO
THE SOUTH, MURRIETA CREEK TO THE WEST AND INTERSTATE 15 TO THE
EAST
The motion was unanimously carried with Mayor Stone abstaining.
Minutes\6\13\95 -11- 06/28/95
City Council Minutes June 13, 1995
It was moved by Councilmember Roberts, seconded by Councilmember Parks to
approve staff recommendation with direction to change the timing of the grading plan
submission in the Conditions of Approval.
15.5 Adopt a resolution entitled:
RESOLUTION NO. 95-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING PLANNING APPLICATION NO. 95-0004(TENTATIVE TRACT MAP
NO. 28011) TO SUBDIVIDE 154.1 ACRES INTO EIGHT (8) PARCELS ON
PROPERTY GENERALLY LOCATED WEST OF PUJOL STREET, EAST OF THE
CITY'S WESTERN BORDER SOUTH OF RIDGE PARK DRIVE, AND KNOWN AS
ASSESSOR'S PARCEL NUMBERS 940-310-013,940-320-001,940-320-002,
940-320-003,940-320-004, 940-320-005,940-320-006 AND 940-320-007
The motion was unanimously carried with Mayor Stone abstaining.
It was moved by Councilmember Parks, seconded by Councilmember Roberts to
approve staff recommendation with the modification that the resolution be substituted
with an ordinance, and that additional language be added to the agreement as
suggested by the City Attorney dealing with indemnification:
15.6 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 95-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT NO. DV95-0001 BY
AND BETWEEN HANCOCK DEVELOPMENT COMPANY, INC., JOHN
FIRESTONE, AND THE CITY OF TEMECULA, FOR PLANNING APPLICATION
NO. 95-0003, WESTSIDE SPECIFIC PLAN
The motion was unanimously carried with Mayor Stone abstaining.
RECESS
Mayor Pro Tem Lindemans called a recess at 10:31 PM. The meeting was reconvened at
10:40 PM with all members present.
16.
Public Nuisance Abatement - 30301 Nicolas Road
Chief Building Official Tony EImo presented the staff report.
Minutes\6\ 13\95 -12- 06/28/95
City Council Minutes June 13, 1995
Mayor Stone opened the public hearing at 10:44 PM. Hearing no requests to speak,
Mayor Stone closed the public hearing at 10:44 PM.
It was moved by Councilmember Parks, seconded by Mayor Pro Tern Lindemarts to
approve staff recommendation as follows:
16.1 Adopt a resolution entitled:
RESOLUTION NO. 95-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, CONFIRMING THE CITY'S COSTS OF ABATING THE PUBLIC
NUISANCE AT 30301 NICOLAS ROAD, TEMECULA, CALIFORNIA AND
DIRECTING THAT SUCH COSTS SHALL CONSTITUTE A LIEN AGAINST THE
PROPERTY AND REPEALING RESOLUTION NO. 95-40
The motion was unanimously carried.
17.
Winchester Road/Interstate 15 Interchange Improvements Proiect Acquisition of Real
Property
City Attorney Thorson presented the staff report.
Councilmember Mu~oz excused himself due to a conflict of interest.
Mayor Stone opened the public hearing at 10:53 PM.
Dennis Chiniaeff, 27555 Ynez Road, No. 200, representing Kemper, questioned the
date of valuation of the property. He stated in a prior agreement with the City, the
date read March 20, 1990. He also asked that the City replace any improvements that
are taken out as a result of the construction. Finally, he expressed concern over the
removal of 56 parking spaces, and asked this not affect future development.
It was moved by Councilmember Roberts, seconded by Mayor Pro Tem Lindemarts to extend
the meeting until 11:30 PM. The motion was unanimously carried with Councilmember Mu~oz
abstaining.
Darrell Robertson, Store Manager of Mervyns, stated at the time Mervyns bought the
property, rights were negotiated to receive freight and for a loading dock behind the
building. He expressed concern that some of that is going to be compromised and
requested clarification. He also expressed concern about whether this would
necessitate a change in slope and drainage.
City Attorney Thorson stated that the City will have to accommodate all those issues,
or pay severance damages.
Minutes\6\13\95 -13- 06/28/95
City Council Minutes June 13, 1995
Mayor Stone closed the public hearing at 11:09 PM.
It was moved by Councilmember Roberts, seconded by Councilmember Parks to
approve staff recommendation:
Mayor Pro Tern Lindemarts stated he could not support the motion, and feels that the
parties need to talk first.
Since the necessary 4/5th vote was not achieved, the motion failed by the following
vote:
AYES: 3 COUNCILMEMBERS: Parks, Roberts, Stone
NOES: 1 COUNCILMEMBERS: Linderoans
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: I COUNCILMEMBERS: Mu~oz
The public hearing was continued by Mayoral order to the meeting of June 27, 1995.
COUNCIL BUSINESS
1 2. Appointment of Plannina Commissioners
City Clerk June Greek reported the application of Dennis Chiniaeff was not included in
your packet, however since he is well known to the Council, the City Attorney has
ruled his application may be considered.
Councilmember Mu~oz asked if he now has a conflict of interest on this item because
of his work relationship with Kemper, since Mr. Chiniaeff is being considered.
City Attorney Thorson suggested considering the candidates in two groups, one
excluding Mr. Chiniaeff that Councilmember Mu~oz could participate in.
RECESS
Mayor Stone called a brief recess at 11:20to change the tape. The meeting was reconvened
at 11:22PM.
It was moved by Councilmember Parks, seconded by Councilmember Roberts to
reappoint Steve Ford to serve a full three (3) year term on the Planning Commission.
The motion was unanimously carried.
Minutes\6\13\95 -14- 06/28/95
City Council Minutes June 13, 1995
Councilmember Mu~oz explained he feels Billie Blair is needed on the Commission to
provide a diversity of points of view.
Mayor Stone stated Commissioner Blair had a strong attendance in the beginning of her
appointment and overall her attendance has been 82% for five years.
City Attorney Thorson asked for a two minute recess to discuss the conflict of interest
issue with Mr. Chiniaeff.
Mayor Stone called a recess at 11:25 PM. The meeting was reconvened at 11:26 PM.
City Attorney Thorson stated he spoke with Mr. Chiniaeff about the relationship
between work which he assigns to Mr. Mu~oz on behalf of his employer Kemper Real
Estate Development Corporation, and reported Mr. Chiniaeff's direction does not
increase or decrease fees paid to Councilmember Mu~oz, therefore Councilmember
Mu~oz may participate on this item.
Councilmember Parks stated he can not support reappointing Commissioner Blair due
to her problems with attendance.
It was moved by Mayor Pro Tern Lindemarts to extend the meeting until 12:00 AM. The
motion was unanimously carried.
It was moved by Councilmember MuQoz, seconded by Mayor Stone to reappoint Billie
Blair to the Planning Commission.
The motion failed to achieve the required 4/5 approval by the following vote:
AYES: 2 COUNCILMEMBERS: Mu5oz, Stone
NOES: 3 COUNCILMEMBERS: Lindemans, Parks, Roberts
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Parks, seconded by Mayor Pro Tern Lindemarts to
appoint Joan Sparkman to the Planning Commission to serve a full three (3) year term.
Mayor Pro Tern Lindemans stated he supported this candidate until he learned Dennis
Chiniaeff is also a candidate and would, therefore, not support the motion.
Councilmember Parks expressed concerns about Mr. Chiniaeff as a candidate since he
works for a major developer in Temecula.
Mr. Dennis Chiniaeff withdrew his application as a candidate.
Minutes\6\ 13\95 -15- 06/28/95
City Council Minutes June 13, 1995
The motion failed to achieve the required 4/5 approval by the following vote:
AYES: 3 COUNCILMEMBERS: Lindemans, Parks, Roberts
NOES: 2 COUNCILMEMBERS: Mu~oz, Stone
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Mu~oz to
appoint Billie Blair to serve a full three (3) year term on the Planning Commission.
The motion failed to achieve the required 4/5 approval by the following vote:
AYES: 3 COUNCILMEMBERS: Lindemans, Mu~oz, Stone
NOES: 2 COUNCILMEMBERS: Parks, Roberts
ABSENT: 0 COUNCILMEMBERS: None
13.
It was moved by Councilmember Roberts, seconded by Mayor Stone to appoint Rich
Solytiasiak to serve a full three year term on the Planning Commission. The motion
failed to achieve the required 4/5 approval by the following vote:
AYES:
3 COUNCILMEMBERS:
Parks, Roberts, Stone
NOES:
2 COUNCILMEMBERS:
Lindemans, Mu~oz
It was moved by Councilmember Mu~oz, seconded by Mayor Pro Tern Lindemarts to
appoint Timothy Miller to serve a full three (3) year term on the Planning Commission.
The motion was unanimously carried.
League of California Cities Inland Empire Division Split
(Placed on the agenda at the request of Councilmember Mu~oz)
Councilmember Mu~oz presented a staff report outlining the proposal to split the league
division along County lines.
Minutes\6\13\95 -16- 06/28/95
Citv Council Minutes June 13, 1995
It was moved by Councilmember Roberts, seconded by Councilmember Parks to
approve staff recommendations with direction that the proposed split of the Division
be endorsed by the City of Temecula.
19.1
Instruct the Mayor to send a representative to the June 28th General
Membership Meeting of the League of California Cities Inland Empire Division
to voice the City of Temecula's position regarding a proposal to split the
Division into separate Riverside and San Bernardino divisions.
19.2 Instruct the Mayor to submit a letter to the President of the Division before the
July 24th deadline stating Temecula supports the proposed split.
The motion was unanimously carried.
14.
Proposed IRS Regulations to End Tax Exempt Assessment District and Mello-Roos
Community Facilities District Financing
(Placed on the agenda at the request of Mayor Stone)
It was moved by Councilmember Parks, seconded by Councilmember Roberts to
approve staff recommendation as follows:
20.1 Direct staff to prepare a letter protesting IRS consideration of removing tax
exempt status on certain types of municipal bonds.
The motion was unanimously carried.
CITY MANAGER REPORTS
None given.
CITY ATTORNEY REPORTS
None given.
Minutes\6\13\95 -17- 06/28/95
City Council Minutes June 13, 1995
ADJOURNMENT
It was moved by Mayor Pro Tem Lindemarts, seconded by Councilmember Parks to adjourn
at 12:10 AM. The motion was unanimously carried.
ATTEST:
J n~~. Greek, City"~'-~k~
Minutes\6\13\95 -18- 06/28/95