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HomeMy WebLinkAbout011790 CC MinutesMINUTES OF AN ADJOURNED REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD JANUARY 17, 1990 A regular meeting of the Temecula City Council was called to order at 7:03 p.m. in the Temecula Unified School District Board Room, 31350 Rancho Vista 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 Attomey Scott F. Field, and Acting Deputy City Clerk June S. Greek. INVOCATION The invocation was given by Councilmember Sal Muffoz. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Councilmember Pat Birdsall. ANNOUNCEMENTS There were no announcements made. PUBLIC COMMENTS Howard Chesher, 29710 Valle Olvera, spoke in favor of the KRTM TV antenna tower remaining at its present location. Bill Benson, Del Rey Road, addressed the Council regarding the dumping problem occurring along Solana Way. Jimmy Moore, 41747 Borealis Drive, commented on the poll conducted in the Rancho News relative to the antenna tower erected by KRTM. Minutes 1/17/90 I COUNCIL BUSINESS 2. Procedure for lnlposing a Business lJcenqe Tax and Increasing the Tranqient Occupancy Tax. City Attorney Scott Field presented the staff report and advised the City Council on the procedures required for increasing any tax. He outlined the three options available to the City as contained in the staff report. In response to a question from Mayor Parks, Mr. Field stated that the Transient Occupancy Tax being collected by the County of Riverside is currently at 8 %. Councilmember Lindemans stated that in his opinion the purpose of a business tax was more regulatory in nature, and not adopted necessarily as a revenue producer. Dean Manning, representing the Temecula Creek Inn, spoke regarding the Transient Occupancy Tax and stated that the Temecula Creek Inn had received an opinion that the City did not have the right to receive any of the funds collected by the County of Riverside from December 1, 1989. Councilmember Birdsall, suggested that the City Attorney contact Michelle Zimmerman, Asst. Chief Administrative Officer with the County of Riverside, to determine the distribution of these tax funds. Howard Chesher, 29710 Valle Olvera, encouraged the City Council to leave the Transient Occupancy Tax at its current level. Allan McDonald, representing the Temecula Valley Chamber of Commerce, addressed the Council regarding the Business License Tax and requested a 30 day period for the Chamber to conduct a study of the effects of this tax as it will affect the members of the chamber. Bill Bopf, representing Bedford Properties, asked that the City make the Transient Occupancy Tax competitive with the surrounding areas and suggested that some of the moneys realized from this tax be earmarked for the community's tourism promotion. It was moved by Councilmember Mufioz, seconded by Councilmember Lindemans that the question of the Business License Tax be continued for 30 days to allow the Temecula Valley Chamber of Commerce the time to conduct their proposed study. The motion was unanimously carried by the following vote: Minutes 1/17/90 2 AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: Birdsall, Lindemans Moore, Mufioz, Parks COUNCILMEMBERS: None COUNCILMEMBERS: None Mayor Parks directed the City Attorney to return to the City Council with a report on the disposition of the Transient Occupancy Tax funds after he has addressed this matter with the County of Riverside. Me!!o-Roos Financial Consnltant's Report City Manager Frank Aleshire gave a staff report explaining the reasons for the withdrawal by the consulting firm of Kadie-Jensen, Johnson & Bodnar. City Attorney Scott Field advised that Council, that since the matter of selecting a replacement did not appear on the agenda, the council could, at their discretion, vote to add this matter to the agenda, but it must be passed by a 4/5 majority. It was moved by Councilmember Birdsall, seconded by Councilmember Moore to add cons'Meration of the appointment of a Financial Consultant for Mello-Roos to the agenda. The motion was unanimously carried. City Manager Frank Aleshire outlined the material contained in the staff report prepared for the City Council agenda of January 9, 1990 and recommended that the City Council approve the proposal of Douglas Ford and Associates. Councilmember Birdsall pointed out that the staff report indicated a figure of $9,500 in error, the total amount to conduct the study according to the Douglas Ford proposal should be $9,800. It was moved by Councilmember Moore, seconded by Councilmember Mufioz, to retain the services of Douglas Ford and Associates as financial consultant on the Mello-Roos project. In response to a question from Councilmember Birdsall, Mr. Ford indicated that while he could, if necessary, meet the original deadline, he would like to have the full 5 weeks originally specified in the R.F.P. Minutes 1/17/90 3 Councilmember Mufioz questioned the consultant, regarding any possible conflict of interest he might have. Mr. Ford responded that to the best of his knowledge he did not have any existing conflicts. The motion on the floor to hire the finn of Douglas Ford and Associates was unanimously carried by the following vote: AYES: 5 C OUNCILMEMBERS: Birdsall, Lindemans Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 C OUNCILMEMBERS: None City Manager Frank Aleshire outlined the need for the City Council to clarify any questions with regard to the proposal at this meeting, to allow the consultant to begin immediately. Mr. Doug Ford addressed the Council explaining how the report would be structured and how his firm would be proceeding to prepare the report. He stated that the report would be outlining alternative funding methods to Mello-Roos. Mayor Parks stated that he would like to have the major emphasis placed on the area of the City's funding responsibilities rather than on an analysis of the viability of Mello-Roos districts. Councilmember Lindemans requested that the consultant dwell on the aspect of the benefits to be derived by the City. Councilmember Mufioz stressed that he would like to see the equity of the proposal and he would like to see the funding and income figures extended for a 20 to 25 year period of time. He would like to know what other Mello-Roos Districts are in operation with customs and practices similar to the proposal for Temecula. Bill Bopf requested that the consultant look at a possibility of the City being given additional control by the County of Riverside. He also responded to a question from Mayor Parks that the schedule of construction could be changed, but the developer/landowners would want some form of agreement to guarantee the continuance of future phases. Councilmember Mufioz requested that the consultant place a value on the benefit of having Mello-Roos funding versus other available funding methods. Minutes 1/17/90 4 Mr. Douglas Ford stated that he would like to be assured of the level of response he might expect from all the participants in order to complete the study within the tight time constraints. 3. Me!!o-Roos Traffic Conqultant's Report City Manager Frank Aleshire gave a brief staff report and introduced John Kain with the firm of Kunzman and Associates. Mr. Kain introduced his associate Carl Ballard who will be working on the study as well. He outlined the manner in which his firm will be proceeding to complete the required report. He stated that ideally the City would be setting up a forecast model but that due to the time limits involved, that would not be undertaken as a part of this study. He explained that Kunzman and Associates will take existing traffic data and project various land use proposals, assigning those traffic generation figures on top of the existing traffic to project the present and future needs of the area. Mayor Parks requested that the consultant address the benefits to the City specifically from a Mello-Roos District. Councilmember Lindemans requested information based on the question "can the City live with the phasing suggested?". Councilmember Mufioz asked the consultant to address if the proposal solves the traffic problems identified. He would like to know the length of time these solutions will be good for. Mr. Kain responded that solutions need to be tied to development. He stated that there will need to be some assessments of land use elements in order to make the assumptions asked for. Councilmember Mufioz asked if the consultants could validate the numbers included in the plan. Mr. Kain responded that this could not be done within the scope of the proposed study. Councilmember Moore requested the consultant deal with the efficacy of an additional freeway overcrossing. Mayor Parks asked that they address the improvements proposed for Margarita Road within the first phase of development. Minutes 1/17/90 5 Bill Bopf stated that the developers would like the consultant to look at the timing to be anticipated for the needed improvements without the implementation of a Mello-Roos District. He would also like to know what the traffic impacts will be without any action being taken. Finally he suggested looking at the data from the developers traffic consultants regarding the other overcrossings and interchanges proposed. City Attorney Scott Field advised the City Council that Mr. Douglas Ford had expressed some concern with regard to his firm's working on a project for a parmership, which was partially owned by Bedford Properties. Mr. Field advised that he would meet with Mr. Ford the following day (January 18, 1990) to determine if this in any way constitutes a conflict of interest. It was moved by Councilmember Mufioz, seconded by Councilmember Birdsall to reconsider the matter of the hiring of the firm of Douglas Ford and Associates. The motion carded by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz NOES: 1 COUNCILMEMBERS: Parks ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Mufioz, seconded by Councilmember Moore to award the contract as a financial consultant to Douglas Ford and Associates subject to a finding by the City Attorney that no conflict of interest exists. The motion was unanimously carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 C OUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RECESS Mayor Parks declared a recess at 8:52 p.m. The meeting was reconvened at 9:08 p.m. Minutes 1/17/90 6 1. Ordinance E~tabli,~hing the Temecula Municipal Code City Manager Frank Aleshire gave a staff report explaining the way in which the ordinances are set up for codification. The City Attorney suggested the Council consider the sections individually, and take straw votes on the various sections, prior to taking action on the adoption of the whole code. Councilmember Mufioz questioned if the provisions of Section 1.01.250, dealing with nuisance abatement, would be retroactive upon adoption of the code. The City Attorney replied that the provisions would apply for on-going nuisances. Councilmember Mufioz questioned Section 2.06.050 and stated that he felt all of the City Councilmembers should be involved in the appointment of members of various commissions. Mayor Parks stated that he felt any two councilmembers could be effective doing the screening and review of commission candidates. Councilmember Lindemans suggested the two members to nominate commissions should be the mayor and one other member of the council. Councilmember Birdsall recommended that the ordinance should read "Members of each commission shall be appointed by an Ad Hoc Committee of two Councilmembers. Councilmember Moore suggested substituting the word nominate for the word appoint in section 2.06.050. The City attorney read the amended wording for the section as follows: "Members of each commission shall be nominated by an Ad Hoc Committee of two Councilmembers subject to the approval of a majority of the City Council." The council took a straw vote on the amendment to section 2.06.050. The straw vote passed by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans Moore, Parks NOES: 1 C OUNCILMEMBERS: Mufioz ABSENT: 0 COUNCILMEMBERS: None Minutes 1/17/90 7 Mayor Parks addressed his concern regarding the residency requirement for commissioners in section 2.06.030. He also expressed concern that the limitation in the section should be for two "consecutive" terms. On a motion by Councilmember Birdsall, seconded by Councilmember Moore a straw vote was taken to amend the wording in Section 2.06.030 to read "No person shall be eligible for appointment as a commission member for more than two full consecutive terms (six (6) years). The straw vote carded by the following vote: AYES: 3 COUNCILMEMBERS Birdsall, Moore, Parks NOES: 2 COUNCILMEMBERS Lindemans, Mufioz ABSENT: 0 COUNCILMEMBERS None Mayor Parks requested that Chapter 2.50.020, be changed to reflect the date of January 1, 1990, rather than 1989. Councilmember Birdsall, requested that the section number in 1.01.250 (a) be corrected to read 1.01.240 of this chapter. It was moved by Councilmember Birdsall, seconded by Councilmember Moore to waive further reading and introduce the ordinance as amended by the City Council in discussion and by straw vote. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Parks NOES: 1 COUNCILMEMBERS: Mufioz ABSENT: 0 COUNCILMEMBERS: None Minutes 1/17/90 8 ADJOURNMENT It was moved by Councilmember Moore, seconded by Councilmember Birdsall to adjourn to Saturday, January 20, 1990 at 10:00 a.m. at the Temecula City Hall, 43172 Business Park Drive, Temecula, California. The motion was unanimously carded and the Mayor declared the meeting adjourned at 9:57 p.m. Ronald J. Parks, Mayor ATTEST: F. D. Aleshire, City Clerk Minutes 1/17/90 9