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HomeMy WebLinkAbout030894 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD MARCH 8, 1994 A regular meeting of the Temecula City Council was called to order at 7:15 PM at the Temecula Community Center, 28816 Pujol Street, Temecula, California. Mayor Ron Roberts presiding. PRESENT 3 COUNCILMEMBERS: Mu~oz, Parks, Roberts ABSENT: 2 COUNCILMEMBERS: Birdsall, Stone Also present were Interim City Manager Ronald Bradley, City Attorney Scott F. Field, and City Clerk June S. Greek. FXFCUTIVI; SFSSION A meeting of the City of Temecula City Council was called to order at 6:07 PM. It was moved by Councilmember Mu~oz, seconded by Councilmember Parks to adjourn to Executive Session pursuant to Government Code §54956.9(a) Conference with Legal Counsel - Existing Litigation, a. Modaffare vs the City of Temecula, b. Rancho Regional Shopping Center vs the City of Temecula; 2. §54956.9(b) Conference with Legal Counsel- Anticipated Litigation (one matter.) City Attorney Field requested that §54957.6 Conference with City's Labor Negotiator regarding unrepresented employees also be added to the closed session agenda. The motion was unanimously carried, with Councilmembers Birdsall and Stone absent. INVOCATION The invocation was given by Pastor Charles Graham, New Covenant Fellowship. P! FDR!:: OF A! ! FC~IANC!= The audience was led in the flag salute by Councilmember Parks. PRI=S!=NTATIONS/ PROC! AMATIONS Mayor Roberts, along with Deputy Mungle and Tango, presented Joseph Alcorn, DVM, with a plaque to show appreciation for the veterinary services he provides to the Temecula Police Department Canine Program. CITY COUNCIl R~rPORTS Councilmember Parks reported he attended the SCAG Regional Council Assembly last Thursday and the Regional Comprehensive Plan was discussed. He stated that the deadlines have been extended for another 30 days in order to get public "buy-in" on the plan. Councilmember Mu~oz stated he will attend the Western States Bio-Cycle Conference in San Diego this week, and will report back to the Council. Minutes\3\8\94 -1 - 11/07/96 Citv Council Minutes March 8. 1994 Mayor Roberts expressed condolences to Councilmember Parks and his wife Ginger for the loss of her mother. Mayor Roberts reported that the Sister City Association will be funding his travel expenses to Nakayama, Japan, in May, when he will sign the official sister city agreement. He asked that staff place this matter on the next agenda for approval of a Sister Cities trip and to fund incidental expenses, such as gifts for the Japanese Councilmembers. Mayor Roberts stated he is concerned about last week's shooting and asked that Chief Sayre give an update to the Council. Chief Sayre reported that a gang-related shooting did occur last weekend. He stated that arrests have been made of those involved and weapons have been recovered. He explained that Temecula is experiencing an increase in crime, but not to the extent of most of the nation, because Temecula has made a commitment to make this community a safe place to live. City Attorney Field announced that during closed session, the City Council approved a contract with the new Interim City Manager Ronald Bradley and a copy of the contract will be available from the City Clerk tomorrow morning. CONSFNT CA! FNDAR Councilmember Mu~oz requested the removal of Items 5 and 6 from the Consent Calendar. Mayor Roberts stated he would vote no on Item No. 12. It was moved by Councilmember Mu~oz, seconded by Councilmember Parks to approve Consent Calendar Items 1-4 and 7-12 with Mayor Roberts voting "no" on Item No. 12. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Mu~oz, Parks, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Birdsall, Stone Standard Ordinance Adol~tion Procedure 1.1 2. Minutes 2.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Approve the minutes of February 8, 1994; Minutes\3\8\94 -2- 11/07/96 City Council Minutes March 8. 1994 3. Resolution AD0roving list of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 94-26 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 Rel~ort 4.1 Receive and file the City Treasurer's report as of January 31, 1994. 10. Solicitation for Construction of a Single Concrete Box Culvert on Ynez Road 7.1 Authorize solicitation for bids for construction of a single box culvert located on Ynez Road, 365 feet south of Vallejo Avenue on the east side of Ynez Road. Destruction of Records Re(luest 8.1 Approve scheduled destruction of certain records as provided under the City of Temecula approved Records Retention Policy. Release Faithful Performance Warranty Bonds and Material and ! abor Bonds in Tract No. ? 1674-F 9.1 Authorize the release of Street and Water and Sewer Improvement Faithful Performance Warranty Bonds and Material and Labor Bonds in Tract No. 21674-F. 9.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors. Final Parcel Mal~ No. ?7509 10.1 Approve Final Parcel Map No. 27509 subject to the attached conditions of approval. 11. Second Reading of Ordinance No. 94-06 11.1 Read by title only and adopt an ordinance entitled: Minutes\3\8\94 -3- 11/07/90 Citv Council Minutes March 8, 1994 12. ORDINANCE NO. 94-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION NO. 18.28.A.C.(10) OF ORDINANCE NO. 348 PERTAINING TO THE TYPE OF PAVING MATERIAL REQUIRED FOR ACCESS TO SECOND DWELLING UNITS Second Reading of Ordinance No. 94-07 Mayor Roberts withdrew his "no" vote on Item No. 12. o o 12.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 94-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING LAND DEVELOPMENT STANDARDS FOR SPECIFIC PLAN NO. 164, LOCATED ON THE NORTHEAST CORNER OF NICOLAS ROAD AND NORTH GENERAL KEARNY ROAD Ynez Corridor Sales Tax Agreement and Joint Financing Agreement for Solana Way Widening Award of Contract for Solana Way Street Imi;)rovements (Project No. PW93-17) Councilmember Mu~oz asked that a brief staff report be given on Items 5 and 6 for information purposes. City Attorney Field summarized the staff report on Item 5 explaining that through cost savings, funds are now available from the Bond proceeds to widen Solana Way. However to do this, two existing agreements must be amended, the Sales Tax Agreement and the Joint Financing Agreement. Director of Public Works Tim Serlet presented the staff report on Item No. 6 stating that staff recommends awarding a contract to E. L. Yeager Construction Company, the lowest responsible bidder, for $149,570.00. It was moved by Councilmember Mu~oz, seconded by Councilmember Parks to approve staff recommendations on Items 5 and 6 as follows: 5.1 Approve and authorize the Mayor to sign, the following in substantially the form presented, subject to approval by the City Manager and City Attorney as to the final form of the agreements: Minutes\3\8\94 -4- 11/07/$6 Citv Council Minutes March 8. 1994 "First Amendment to the Agreement between City of Temecula and Eli Lilly and Company, an Indiana Corporation regarding Sales Tax Revenues of Community Facilities District No. 88-12." "First Amendment to Agreement between the City of Temecula and Rancho Mobile Home Estates regarding Sales Tax Revenues of Community Facilities District No. 88-12 (Ynez Corridor)" and "First Amendment to Joint Financing Agreement Between Community Facilities District No. 88-12 of the County of Riverside and the City of memecula" 6.1 Award a contract for the Solana Way Street Improvements, Project PW 92-12, to E.L. Yeager Construction Company for $149,570.00 and authorize the Mayor to execute the contract subject to approval by the County of Riverside and the adjacent property owners. The motion was unanimously carried with Councilmember Birdsall and Mayor Pro Tem Stone absent. PUB! IC Hr:ARINGS 13. Contiguous Parcel Merger Ordinance Director of Planning Gary Thornhill presented the staff report. Mayor Roberts opened the public hearing at 8:50 PM. Hearing no requests to speak, Mayor Roberts closed the public hearing at 8:50 PM. It was moved by Councilmember Mu~oz, seconded by Councilmember Parks to approve staff recommendation as follows: 13.1 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 94-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 16.7 OF ORDINANCE NO. 460 PERTAINING TO THE MERGER OF CONTIGUOUS PARCELS The motion was unanimously carried with Councilmember Birdsall and Mayor Pro Tem Stone absent. 14. Ordinance Amending ! and Use Code regarding Plot Plans, Conditional Use Permits and Public use Permits Minutes\3\8\94 -5- 11/07/96 Citv Council Minutes March 8. 1994 Director of Planning Gary Thornhill presented the staff report. Councilmember Mu~oz asked if the projects would come before the Council prior to granting an extension. City Attorney Field explained that the Ordinance provides that the applicant may apply for an extension and obtain approval from the Planning Director, however any member of the Council could appeal this decision to either the Planning Commission or the City Council. He stated if the Council desired, the approval authority could be changed from the Planning Director to the Planning Commission. Mayor Roberts opened the public hearing at 8:03 PM. It was moved by Councilmember Parks, seconded by Councilmember Muhoz to continue this Item to the meeting of April 5, 1994. The motion was unanimously carried with Councilmember Birdsall and Mayor Pro Tem Stone absent. RFCFSS Mayor Roberts called a recess at 8:04 PM. The meeting was reconvened following the previously scheduled Community Services District Meeting and Redevelopment Agency Meeting at 8:36 PM. COUNCIL BUSINlrSS 15. Ordinance Establishing an Industrial DeveloDment Authority and AcceDting an ApDlication on Behalf of Tension EnveloDe CorDoration Finance Officer Mary Jane McLarney presented the staff report. Councilmember Muhoz asked if the City is merely a conduit and does not hold any financial responsibility, why is this being done. Ms. McLarney explained that the Federal Government has authorized bonds on a tax exempt basis, in a limited amount, for projects that promote economic development. In order to obtain this tax exempt status, the City must apply to the State. It was moved by Councilmember Parks, seconded by Councilmember Mu~oz to approve staff recommendation 15.1 as follows: 15.1 Introduce and read by title only an ordinance entitled: Minutes\3\8\94 -6- 11/07/96 Citv Council Minutes March 8. 1994 ORDINANCE NO. 94-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, DECLARING THE NEED INDUSTRIAL DEVELOPMENT AUTHORITY AND DECLARING THAT SUCH AUTHORITY SHALL FUNCTION WITHIN THE CITY The motion was unanimously carried with Councilmember Birdsall and Mayor Pro Tem Stone absent. It was moved by Councilmember Parks, seconded by Councilmember Mu~oz to approve staff recommendation 15.2 as follows: 15.2 Adopt a resolution entitled: RESOLUTION NO. 94-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ON BEHALF OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF TEMECULA, ACCEPTING THE APPLICATION OF TENSION ENVELOPE CORPORATION The motion was unanimously carried with Councilmember Birdsall and Mayor Pro Tern Stone absent. 16. Allocation of Funds for Continued Concept Study of Old Town Temecula Entertainment Interim City Manager Ronald Bradley presented the staff report. It was moved by Councilmember Mu~oz, seconded by Councilmember Parks to approve staff recommendation as follows: 16.1 Approve an amendment to the Memorandum of Understanding between the City of Temecula, the Temecula Redevelopment Agency and T.Z.B.G., Inc. (Zev Buffman) and allocating $125,000 from the Redevelopment Agency for use in researching the feasibility of a private/public partnership. The motion was unanimously carried with Councilmember Birdsall and Mayor Pro Tem Stone absent. 17. Consideration of Support for Sul;)plemental Bond Sale for Assessment District No. 159 Councilmember Parks said he placed this matter on the agenda since he has been asked to speak on behalf of the City at a meeting to be held on March 16, 1994. He stated that property owners in Assessment District 159 support the supplemental bond Minutes\3\8\94 -7- 1 1/07/96 City Council Minutes March 8. 1994 sale and asked that the Council give their support to fund major infa-structure which will benefit the entire community. Councilmember Mu~oz stated he has reservations regarding this process since the Council does not receive updates from the Assessment District. Dennis Chinaeff, 27555 Ynez Road, representing Kemper, encouraged the City Council to support the supplemental bond sale to fund infa-structure the community needs. He stated that the Assessment District has monthly property owners meetings and staff could report back to the City Council with this information. Councilmember Mu~oz asked if there had been any communication with property owners. Mr. Chiniaeff stated he believes property owners will be notified individually. It was moved by Councilmember Mu~oz, seconded by Councilmember Parks to direct staff to prepare a letter indicating City Council support for the supplemental bond sale with the request that all affected property owners within the City of Temecula be given timely notification of the Public Hearing on this matter. The motion was unanimously carried with Councilmember Birdsall and Mayor Pro Tem Stone absent. CITY MANAC, lrR'S RFPORT None given. CITY ATTORNFY'S RFPORT None given. ADJOURNMFNT It was moved by Councilmember Parks, seconded by Councilmember Mu~oz to adjourn at 9:00 PM to a meeting on March 22, 1994, 7:00 PM, Temecula Community Center, Temecula, California. The motion was unanimously carried with Councilmember Birdsall and Mayor Pro Tem Stone absent. ATTEST: Minutes\3\8\94 -8- 11/07/96