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Home My WebLink About121796 CC Minutes MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD DECEMBER 17, 1996 EXECUTIVE SESSIOU A meeting of the City of Temecula City Council was called to order at 5:35 PM. It was duly moved and seconded to adjourn to Executive Session at 5:37 PM, pursuant to Government Code Sections: 1. 54945.8, Conference with Real Property Negotiator; Property: 42136 Avenida Alvardo; Negotiating Parties: Redevelopment Agency of the City of Temecula and Molding International Engineering. Under negotiation: Terms and conditions of an Owner-Participation Agreement. 2. 54956.8, Conference with Real Property Negotiator; Property: Approximately 67,000 square feet southwesterly of 1-1 5/SR79 Interchange; Negotiating Parties: City of Temecula and Margarita Canyon, L.L.C. Under negotiation: Price and terms of payment. 3.54956.9(a), Pratt et al. v. City of Temecula, et al. The motion was unanimously carried. A regular meeting of the Temecula City Council was called to order at 7:00 PM at the Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor Lindemans presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Ford, Roberts, Stone, Lindemans ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. PRELUDE MUSIC The prelude music was provided by Katie Jones. INVOCATION Pastor Jeff Barnett, Temecula Valley Church of Christ, gave the invocation. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Roberts. Minutes\l 2\1 7\96 -1- 01/15/97 City Council mutes December 17, 1996 CITY ATTORNEY REPORT City Attorney Thorson stated that in accordance with the Brown Act, there was nothing to report from Closed Session. PUBLIC COMMENTS Jeff Compton, 431 1 1 Turf Lane, requested that his property not be lumped together with the controversial Pauba/Margarita properties and asked that his property be approved with the next General Plan Amendment. CITY COUNCIL REPORTS Councilmember Roberts requested staff set up a Joint City Council/Planning Commission meeting to discuss the future development goals in the City with regard to development and ways to keep Temecula the most livable City in Riverside County. Mayor Pro Tem Birdsall reminded the members of the community about the Christmas Dinner that will be held at the Temecula Community Center on Christmas Day. She asked that anyone wishing to donate pies or volunteer for this event should call the Community Center at 676- 4718. CONSENT CALENDAR It was moved by Councilmember Stone, seconded by Mayor Pro Tem Birdsall to approve Consent Calendar Items 1-5. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Ford, Stone, Roberts, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 1 . Standard Ordinance Adoption Proced@ - 1.1Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes\l 2\1 7\96 -2- 01/1 5/97 City Council Minutes December 17, 1996 2.Minutes 2.1Approve the minutes of November 12, 1996. 2.2Approve the minutes of November 26, 1996. 3.Resolution Apl2roving List of Demands 3.1Adopt a resolution entitled: RESOLUTION NO. 96-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4.Combinina @l nce Sheets as of September 30, 1 996 and the Statement of Revenuea, Expenditures and Chanaes in Fund Balance, and the Statement of Revenues, Expenses and Chanaes in Retained Earninas for the Three Months Ended September 30, laK 4.1Review and file the City's Combining Balance Sheets as of September 30, 1996 and the Statement of Revenues, Expenditures and Changes in Fund Balance, and the Statement of Revenues, Expenses and Changes in Retained Earnings for the Three Months Ended September 30, 1996. 4.2Appropriate $6,500 to the Information Systems Internal Service Fund Consulting Services account. 5.Parcel Map No. 28317 (Located on the Northerly Side of Winchester Road (Hwy 79 North) at the Intersection of Ynez Road) 5.1 Approve Parcel Map No. 2831 7, subject to the Conditions of Approval. RECESS Mayor Lindemans called a recess at 7:18 PM. The meeting was reconvened following the scheduled Community Services District Meeting, Redevelopment Agency Meeting, Old Town\Westside Financing Authority Meeting and the Old Town/Westside Improvement Authority Meeting at 7:33 PM. Mi nutes\ 1 2\ 1 7\9 6 -3- 01/15/97 City Council mutes December 17. 1996 PUBLIC HEARINGS 6.Plannina Application No. PA96-0333, A Development Aareement between Forest i@ Development, Inc., LGA-7 Inc. and the City of Temecula for a Reaional Mall and Associated Retail Development on 1 79 Acres City Manager Ron Bradley presented the staff report. Community Development Director Gary Thornhill reported on the previous night's Planning Commission Meeting. He noted the concerns of the Commission and reported the Development Agreement was approved on a 3/0/2 vote, with Commissioners Fahey and Soltysiak absent. Councilmember Ford asked if the Overland Bridge process could be moved forward. City Manager Bradley stated the 36 months is to allow the City to obtain all the necessary permits, however the goal is to move forward as soon as possible. Councilmember Stone asked that a coordination plan be done between the City and Forest City Development. City Manager Bradley reported that on a project of this size, staff will need to be added and weekly meetings will take place with engineers to make sure the project is going smoothly. Councilmember Ford asked that the Council consider acquiring the needed right-of-ways, since this is a very key piece. City Manager Bradley explained that property is generally not acquired until bonds are sold, however if that is Council's direction, alternative funding sources could be used. Mayor Lindemans suggested that the Overland Bridge be agendized some time in March, to discuss how much risk the Council is willing to take to acquire the property prior to bonds being sold. City Manager Bradley stated that before this is done, he would need to have concurrence where the funding comes from. City Manager Bradley introduced Mr. Colin Macken of Forest City Development Inc., with architect David Rhoades. Mr. Macken gave a brief overview of Forest City Development Company and an overview of the site. Mr. Rhoades reviewed the site plan. Mayor Lindemans opened the public hearing at 8:35 PM. Mr. Steve Berry, spoke in favor of a regional mall coming to Temecula. He asked that the three changes to the development agreement that were made at the Planning Commission be made available. City Manager Bradley stated an updated copy is available. He also asked that the freeway sign be considered for placement on his Minutes\l 2\1 7\96 -4- 01/1 5/97 City Council Minutes December 17, 1996 property, which is approximately 2500 feet North of Winchester Road and that he be contacted during these discussions. Mayor Lindemans closed the public hearing at 8:37 PM. Councilmember Ford asked that City Attorney Thorson outline the changes made to the agreement by the Planning Commission. City Attorney Thorson outlined the various changes, explaining these changes were not made by the principals and were not major issues, but were technical points brought out by the attorneys. Mayor Pro Tem Birdsall asked that when development begins, local contractors and workers be used as much as possible. It was moved by Mayor Pro Tem Birdsall, seconded by Councilrnember Stone to approve staff recommendations 6.1 and 6.2 as follows: 6.1Make a Determination of Consistency with a Project for Which an Environmental Impact Report (EIR) was Previously Certified and Findings that a Subsequent EIR is not required; 6.2Adopt a resolution entitled: RESOLUTION NO. 96-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, FINDING THAT NEITHER A SUBSEQUENT EIR, A SUPPLEMENTAL EIR NOR FURTHER ENVIRONMENTAL REVIEW IS REQUIRED UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WITH RESPECT TO THE APPROVAL OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA, FOREST CITY DEVELOPMENT CALIFORNIA INC., AND LGA-7, INC., FOR APPROXIMATELY 179 ACRES LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER ROAD AND YNEZ ROAD (PLANNING APPLICATION NO. PA96- 0333) The motion was unanimously carried. Minutes\12\17\96 -5- 01/1 5/97 City Council Minutes December 17. 1996 It was moved by Councilmember Roberts, seconded by Councilmember Stone to approve staff recommendation 6.3 as follows: 6.3Read by title only and introduce an ordinance entitled: ORDINANCE NO. 96-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA, FOREST CITY DEVELOPMENT CALIFORNIA INC., AND LGA-7, INC., FOR APPROXIMATELY 179 ACRES LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER ROAD AND YNEZ ROAD (PLANNING APPLICATION NO. PA96-0333) The motion was unanimously carried. RECESS Mayor Lindemans called a recess at 8:58 PM. The meeting was reconvened at 9:10 PM. COUNCIL BUSINESS 7Purchase Aareement for Real Prol2erty Required for the Western Bypass Corridor Proi= and the 1-1 5 Hiahway 79S Interchanae Improvement Proiect Councilmember Stone stepped down from the dias due to a conflict of interest. City Attorney Thorson presented the staff report, stating that new agreements have been prepared as a result of further negotiation. He explained there are three agreements. The first and second properties are to be purchased outright and the third property, the City will have one year to acquire at the agreed price. City Attorney Thorson explained that two of the properties will facilitate the 79S Project and one is contingent on the sale of Old Town Public Improvement Bonds. Minutes\l 2\1 7\96 -6- 01/1 5/97 City Council Minutes December 17, 1996 It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Ford to approve staff recommendations 7.1 through 7.5 as amended. 7.1Adopt a resolution entitled: RESOLUTION NO. 96-154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT" FOR ACQUISITION OF CERTAIN REAL PROPERTIES APPROXIMATELY +/- 17,773 SQUARE FEET LOCATED ON THE WEST SIDE OF FRONT STREET IMMEDIATELY WEST OF THE INTERSECTION OF INTERSTATE 15 AND FRONT STREET, TEMECULA, CALIFORNIA WITHIN ASSESSOR'S PARCEL NUMBER 922-210-047 7.2Adopt a resolution entitled: RESOLUTION NO. 96-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT" FOR ACQUISITION OF CERTAIN REAL PROPERTIES APPROXIMATELY 39,027 SQUARE FEET LOCATED ON THE WEST SIDE OF INTERSTATE 15, TEMECULA, CALIFORNIA WITHIN ASSESSOR'S PARCEL NUMBER 922-110-005 7.2(b) Adopt a resolution entitled: RESOLUTION NO. 96-156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT" FOR ACQUISITION OF CERTAIN REAL PROPERTIES APPROXIMATELY (NOT TO EXCEED + 1 - 12,000 SQUARE FEET LOCATED ON THE WEST SIDE OF INTERSTATE 15, TEMECULA, CALIFORNIA WITHIN ASSESSOR'S PARCEL NUMBER 92-110-005 7.3Authorize an advance of up to $318,140 from the General Fund to cover acquisition, escrow, soil testing and closing costs for the Western Bypass Corridor Project. 7.4Authorize an appropriation of up to $258,853 from Development Impact Fees - Public Facilities to cover acquisition, escrow, soil testing, and closing costs for the 1-1 5/Highway 79S interchange improvement project. Minutes\l 2\1 7\96 -7- 01/15/97 City Counc@l Minutes December 17, 1996 7.5Authorize the Mayor to sign the Purchase and Sale Agreements and Escrow Instructions. The motion was unanimously carried with Councilmember Stone abstaining. 8Murrieta Creek Mowina City Manager Bradley presented the staff report, reporting the State of California has given permission to move forward with the mowing. Councilmember Ford thanked Congressman Packard, Congressman Calvert and Thompson and Senator Haynes for their assistance and 100% support in the City obtaining this permit. He also thanked Public Works Director Joe Kicak for his efforts. It was moved by Councilmember Roberts, seconded by Councilmember Ford to approve staff recommendation, with direction to staff to send letters of appreciation to Congressman Packard, Congressman Calvert and Thompson and Senator Haynes for their assistance in this project. 8.1Direct the staff to proceed with the mowing of Murrieta Creek from approximately 1,200 feet south of Rancho California Road to the point of previously (after 1993 floods) cleared channel, approximately 5,400 feet downstream. The motion was unanimously carried with Councilmember Stone abstaining. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT None given. Mi nutes\ 1 2\ 1 7\9 6 -8- 01/15/97 City Council Minutes December 17, 1996 ADJOURNMENT It was moved by Councilmember Ford, seconded by Councilmember Stone to adjourn at 9:30 PM to a meeting on January 14,1997, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried. yor ATTEST: Ju reek, CMC, City Clerk Minutes\12\17\96 -9- 01/1 5/97