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HomeMy WebLinkAbout121493 CC Minutes MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD DECEMBER 14,1993 A regular meeting of the Temecula City Council was called to order at 7:21 PM in the Temecula Community Center, 2881 6 Pujol Street, Temecula, California. Mayor J. Sal Mufioz presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mufioz ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager David F. Dixon, City Attorney Scott F. Field, and City Clerk June S. Greek. EXECUTIVE SESSION A meeting of the City of Temecula City Council was called to order at 5:40 PM. It was moved by Councilmember Parks, seconded by Councilmember Stone to adjourn to Executive Session pursuant to Government Code Section 54956.9(a), Rancho Shopping Center v. City of Temecula and Pechanga Reservation v. City of Temecula, and 54956.9(b). The motion was unanimously carried. The meeting was reconvened at 7:18 PM in regular session with all members present. City Attorney Field announced that in addition to the items listed on the agenda, the City Council met in Executive Session regarding Government Code Section 54956.9(a), City of Temecula v. McDowell and 54956.9(c). City Attorney Field reported in a previous closed session the City Council authorized staff to enter into a settlement regarding a portion of Loma Linda Park, and the Council authorized a settlement of $1 0,000 which has been accepted and the lien has been released. INVOCATION The invocation was given by Pastor John Flahiff, Christ's Church Presbyterian. PLEDGE OF ALLEGIANCE A Flag Ceremony was conducted by the Temecula Valley High School Junior ROTC, under the direction of Col. Steven Price, United States Air Force, Ret. PRESENTATIONSJ PROCLAMATIONS Minutes\l 2\1 4\93 -1- 11/03/95 CitV Council Minutes December 14, 1993 Mayor Muiioz read a previously mailed proclamation declaring November 28th through December 4th as "National Home Care Week". Mayor Mufioz presented HVdro-Flow Filtration Systems, Inc. with a Certificate of Official welcome. Vice President of Marketing Michael Baird thanked the City Council and accepted the Certificate. Councilmember Parks announced the 4th and 5th Grade winners of the bicycle safety poster contestschosenbyjudgesMayorProTemRobertsandCouncilmemberParks. Councilmember Jeff Stone assisted as the Tie-breaker judge. The following were awarded bicycles for first place, safety helmets for second place and $50.00 Bonds for third place: 4th Grade Girls: 3rd Place Marisol Gonzales, Temecula Elementary School 2nd Place Kathrine Pascua, Sparkman Elementary School 1 st Place Tracy Eckard, Rancho Elementary School 4th Grade Boys: 3rd Place Emmanuel Gonzales, Temecula Elementary School 2nd Place Makario Ruano, Temecula Elementary School 1 st Place Ryan Neral, Linfield Elementary School 5th Grade Girls: 3rd Place Jessica Leigh, Rancho Elementary School 2nd Place Corrie Brown, Nicolas Valley Elementary School 1 st Place Stacy Valentino, Nicolas Valley Elementary School 5th Grade Boys: 3rd Place James LeBlanc, Rancho Elementary School 2nd Place Chris Lynes, Rancho Elementary School 1 st Place Michael Kendall Redhawk Elementary School PUBLIC FORUM None CITY COUNCIL REPORTS Councilmember Birdsall reported she just returned from attending the National League of Cities Conference in Orlando, Florida and felt it was a very successful conference. Councilmember Parks reported he attended a SCAG meeting and wanted the Council to be aware that the draft of the Regional Comprehensive Plan was approved for distribution and asked staff to make the plan available for Council review and input. Mayor Mufioz asked for an update on the street widening project located at Margarita Road and Rancho California Road. Director of Public Works Tim Serlet reported that Dennis Chinaeff, with Kemper, is putting together a street light program with estimates, and this information should be available as early as next week. Minutes\l 2\1 4\93 -2- 11/03/95 City Council Minutes December 14, 1993 Mayor Mufioz asked the a report be given on the status of the Winchester Bridge widening and Overland Overpass. CONSENT CALENDAR Councilmember Birdsall stated she would abstain on Items 13 and 14 since she was not present for the first reading of the ordinances. Mayor Pro Tem Roberts asked that Item 6 be removed from the Consent Calendar. Councilmember Stone requested that Item No. 8 be removed from the Consent Calendar. Mayor Mufioz removed Items 5, 9 and 1 1 from the Consent Calendar. It was moved by Councilmember Parks, seconded by Councilmember Stone to approve Consent Calendar Items 1-4, 7, 10, 1 2, 13 and 14. The motion carried by the following vote with Councilmember Birdsall abstaining on Items 13 and 14: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mufioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 1Standard Ordinance Ador)tion Procedure RECOMMENDATION: 1.1Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2Minutes RECOMMENDATION: 2.1Approve the minutes of October 26, 1 993; 2.2Approve the Minutes of November 9, 1993; 2.3Approve the Minutes of November 23, 1993. Minutes\l 2\1 4\93 -3- 11/03/95 City Council Minutes December 14, 1993 3Resolution Ar)r)rovincl List of Demands RECOMMENDATION: 3.1Adopt a resolution entitled: RESOLUTION NO. 93-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4.Combining Balance Sheets as of September 30, 1993 and 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, 1 993 RECOMMENDATION: 4.1Receive and file the Combining Balance Sheets as of September 30, 1 993 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, 1993; 4.2Appropriate $63,810 in Account 001-140-999-5248 "Consulting Services" to pay a 1 5% fee for a $425,397 sales tax recovery. 4.3Appropriate $75,000 to Account 001 -1 99-999-561 0 "Equipment" for the purchase of video equipment to be located at the Community Recreation Center. 7Accept Public Improvements in Tract No. 22627-F RECOMMENDATION: 7.1Accept the Public Improvements in Tract No. 22627-F; 7.2Authorize the reduction of Faithful Performance Street, and Sewer and Water System Securities; 7.3Accept the Faithful Performance Warranty Bond riders; 7.4Direct the City Clerk to so notify the Developer and surety. 10.Liefer Road Bridcie and Street Imr)rovements Reimbursement Acireement with the Rancho California Water District for the Reconstruction of the 1 2-Inch Water Main (PW93-02) Agendall 21493 4 11103196 City Council Minutes Decernber 14, 1993 RECOMMENDATION: 10.1Approve and authorize the Mayor to sign the reimbursement agreement with the Rancho California Water District for improvements in the amount of $20,500 to be constructed by the City's Contractor for the Liefer Road Bridge and Street Improvements Project (PW93-02). 1 2.Senior Center Completion Costs RECOMMENDATION: 1 2.1Approve an additional appropriation of funds to apply to Senior Center Project PW92-03 in the amount of $24,500to cover unanticipated costs incurred in completing the project. SECOND READING OF ORDINANCES 13.Second Reading of Ordinance 93-1 9 Regarding Park Facility Use RECOMMENDATION: 1 3.1Adopt an ordinance entitled: ORDINANCE NO. 93-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING PARK AND RECREATIONAL FACILITY POLICIES AND REGULATIONS ESTABLISHING GENERAL OPERATION POLICIES GOVERNING SPECIAL USE PARKS, AND REPEALING ORDINANCE NO. 91-37 The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Parks, Roberts, Stone, Mufioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Birdsall 14.Second Reading of Ordinance 93-21 Establishing Sr)eed Limits on Certain Streets RECOMMENDATION: Agendall 21493 5 11/03/96 City Council Minutes December 14, 1993 14.1Adopt an ordinance entitled; ORDINANCE NO. 93-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 12.02.010 OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Parks, Roberts, Stone, Muiioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Birdsall 5.Travel Policy Mayor Muiioz stated he noted an inconsistency between the staff report and the actual policy, on page three, paragraph A, regarding business travel within the state and out of state. Finance Officer Mary Jane McLarney stated the policy will be corrected to coincide with the staff report. It was moved by Mayor Mufioz, seconded by Councilmember Parks to approve staff recommendationtoreceiveandfiletravelpolicy. Themotionwasunanimouslycarried. 6.Award of Vehicle Purchase Mayor Pro Tem Roberts asked why the bids did not include propane-ready vehicles. Finance Officer McLarney stated this is how all the bids have been handled in the past and special State funds are available for conversion costs. Mayor Pro Tem Roberts asked why the lowest bidder was not awarded the bid. Ms. McLarney explained that the propane tank would not fit on the vehicle that was low bid. It was moved by Councilmember Parks, seconded by Councilmember Stone to approve staff recommendation with the understanding that the vehicle will be converted to propane. Agenda/l 21493 6 11/03/95 City Council Minutes December 14, 1993 6.1Award the purchase of the vehicle to Schumacher Auto Sales. The purchase price is $1 2,582.1 5, excluding tax. The motion was unanimously carried. 8.Contract Change Orders No. 30 through No. 35 for Ynez Road Widening Proiect, PW92-05, CFD 88-12 Councilmember Stone asked if the increases on materials from 10-20% were justified. Director of Public Works Tim Serlet explained that mark-ups for labor and materials are allowed under the agreement and reflect only actual cost increases for materials. Mayor Mufioz questioned Contract Change Order No. 30, stating that since additional expenditures are being required due to soil problems, should additional testing be performed before a job begins. Director of Public Works Seriet stated he feels that more funds would be expended on unnecessary soils testing than on Change Orders to handle problems as they arise. Mayor Mufioz asked on Contract Order No. 32, if this will be reimbursed by Southern CaliforniaEdison? CouncilmemberParksaskedifthisreimbursementwouldcomefrom Southern California Edison or the property owner. Mr. Serlet stated this would come from the property owner. Mayor Mufloz asked staff to update the Council regarding reimbursements as they occur. It was moved by Councilmember Stone, seconded by Mayor Pro Tem Roberts to approve staff recommendation. 8.1Approve Contract Change Orders No. 30 through No. 35 for Ynez Road Widening Project, PW92-05 for labor and equipment for various items of work, in the amount of $1 2,080.95. The motion was unanimously carried. 9.Contract Amendment No. 1 to the Land Surveying Portion of the Professional Services Contracts for Civil Engineering, Land Surveying, Structural Engineering, and Soils Testing - Liefer Road Crossing (PW93-02) Mayor Mufioz asked if provisions for staking had been anticipated on this project. Director of Public Works Seriet explained that after design of the project, it was determined that staking was required. It was moved by Mayor MuFioz, seconded by Councilmember Stone to approve staff recommendation. Agendall 21493 7 11103/96 CitV Council Minutes December 14, 1993 9.1Approve Contract Amendment No. 1 to provide additional land surveying services for Liefer Road Crossing by NBS/Lowry Land Surveyors in the amount of $1,895.00. The motion was unanimously carried. 11.1 994 Balloon and Wine Festival Michelle Harris, General Manager of the Balloon and Wine Festival, 27540 Ynez Road, addressed the City Council stating the Balloon and Wine Festival has provided tremendous exposure for the City and with current program enhancements, the upcoming festival should provide even greater benefits to the community. She explained that 40-60% of the participation at the Festival comes from outside the City, which aids local business. She announced that many sponsors have already been obtained, including those in the media area. Mayor Muiioz asked if the $1 0,000fee was for the front cover of this year's program. Ms. Harris explained this is for a full sponsorship, which not only includes the front cover but also a full-page ad inside. Melody Brunsting, 27540 Ynez Road, J-9, addressed the Council in support of the request for funds stating that the Balloon and Wine Festival brings approximately 25,000 people which in turn promotes local business. Mayor Mufioz stated he would support the request for funds this year but would be in favor of reducing funding for events such as this next year. Councilmember Parks stated that since this will be taken out of the City's advertising budget, he feels it is an appropriate expenditure. It was moved by Mayor Muiioz, seconded by Councilmember Parks to approve staff recommendation as follows: 11.1Approve the City's participation in the 1 994 Balloon and Wine Festival. The City of Temecula's participation will be in the amount of $10,000 for advertisement in the official program. The motion was unanimously carried. City Manager Dixon announced that sponsorship for the bicycles and helmets given to the Poster Contest winners came from the City's business community, specifically, ACS, Nisson, Honda and Toyota. RECESS Agenda/121493 8 11/03/96 CitV Council Minutes December 14, 1993 Mayor Mufioz called a recess at 8:1 9 PM. The meeting was reconvened following the previously scheduled Community Services District Meeting at 8:53 PM. PUBLIC HEARINGS 1 5.Source Reduction and Recycling Element (SRRE) and the Household Hazardous Waste Element (HHWE) Senior Management Analyst Phyliss Ruse presented the staff report. Valerie Bonhard, representing the consulting firm of Kleinfelder, presented a brief report regarding the comprehensive planning document for waste management. Councilmember Parks asked that the public be re-educated regarding the City's recycling program. Mayor Pro Tem Roberts stated he discussed this matter with Phyliss Ruse and requested that educational information be included in the TCSD newsletter. Mayor Mufioz opened the public hearing at 9:05 PM. Hearing no requests to speak, Mayor Muiioz closed the public hearing at 9:05 PM. It was moved by Councilmember Parks, seconded by Councilmember Stone to approve staff recommendation as follows: RECOMMENDATION: 1 5.1Adopt a resolution entitled: RESOLUTION NO. 93-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FINAL SOURCE REDUCTION AND RECYCLING ELEMENT AND HOUSEHOLD HAZARDOUS WASTE ELEMENT AS PRESCRIBED BY THE CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF 1989 The motion was unanimously carried. 1 6.Specific Plan No. 164, Amendment No. 2 (PA93-0145) and Tentative Tract Mar) No. 27827 (PA93-0144), Roripaugh Director of Planning Gary Thornhill presented the staff report, reading changes to Condition No. 59, in the event the developer constructs the median, it shall accommodate a left turn pocket into Roripaugh Road. (p. 3 of staff report.) Mayor Mufioz opened the public hearing at 9:20 PM. Agenda/121493 9 11/03/96 CitV Council Minutes December 14, 1993 D. "Ian" Wilson, 30225 Sierra Madre Drive, addressed the Council in opposition to the project as currently proposed, listing the transfer of density and conversion of zoning, and proposed permanent restrooms on the park site. Susan Sousa, 401 23 Cannes Court, opposed the project listing density transfer and the park as major areas of concern. She also objected to the "alley" style construction that is being proposed. Gary Sousa, 401 23 Cannes Court, spoke in opposition to the project, specifically due to the "alley" type construction proposed. Joe Axton, 301 69 Sierra Madre, spoke in opposition to the zone change and stated he feels this area will revert to mainly rental property. Ed Mowles, 27595 Dandelion Court, President of Roripaugh Homeowners Association, voiced his opposition to the project and stated he feels density has been increased instead of decreased. He stated that proper notification was not given for this public hearing and this item should be continued until proper notification has been obtained. RECESS Mayor MuFioz called a recess at 9:38 PM to change the tape. The meeting was reconvened at 9:40 PM with all members present. Sanford Edward, representing the applicant, Roripaugh Ranches, Inc., Box 2, explained this project is the product of 1 8 months of work with staff, to design a project that best met the needs of the community. He stated this new design, called "Neo- Traditional, has been successful in Irvine, San Diego County and the alleys are governed by strict CC&RS. He stated the park, with permanent restroom facilities, was something the City requested. Councilmember Stone suggested staff re-notice this project to give all those who wish to voice an opinion the opportunity to do so. Mayor Mufioz closed the public hearing at 10:04 PM. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Roberts to extend the meeting 1 1:00 PM. It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Stone to continue the public hearing to January 1 1 , 1 993. City Attorney Field suggested the public hearing be re-opened and continued to the meeting of January 25, 1 993 to allow re-noticing of the project. Mayor Pro Tem Roberts amended his motion, Councilmember Stone amended his second to continue the public hearing to the meeting of January 25, 1 994 and directed Agenda/121493 10 11/03/95 City Council Minutes December 14, 1993 staff to re-notice the public hearing and notify all homeowners associations for neighboring tracts. The motion was unanimously carried. RECESS Mayor Mulioz called a recess at 10:25 PM. The meeting was reconvened at 10:30 PM. Hearing no objections, Mayor Mufioz reordered the agenda to accommodate those wishing to speak on Item No. 25. 25.Discussion of Sign Ordinance Director of Planning Gary Thornhill stated staff did not prepare a formal staff report on this item, but were requesting direction from the Council. Bruce Sparks, 27464 Commerce Center Drive, owner of Sparks Furniture, thanked members of the Council for offering small business loans to aid businesses in obtaining permanent signs, but requested that businesses simply be left alone and asked that enforcement of the sign ordinance be suspended and the ordinance rewritten to allow more freedom for business owners. Minnie Jimenez, 41946 Main Street, owner of Natural Looking Nails, stated without a banner, her business will not survive and asked that the sign ordinance be re-written. She presented the City Clerk with signature of business owners in opposition to the sign ordinance. Jeanne Kearns, 27625 Jefferson Avenue, Ste 100, presented the City Clerk with signatures of businesses against the sign ordinance and stated businesses did not desire loans or further debt, but requested a re-working of the sign ordinance. Don Gago, 41973 6th Street, addressed the Council in favor of re-writing the sign ordinance to allow more freedom for business owners. Councilmember Parks stated the City has a temporary sign ordinance because the county ordinance did not allow any temporary signs. He stated he wants to be sensitive to businesses but there need to be conditions governing these temporary signs, and suggested that periods of time be extended for temporary signs when a permanent sign is applied for. Director of Planning Gary Thornhill made the following suggestions. 1 .With respect to temporary signs, the current ordinance requirement is 45 days with one 30 day extension. If Council desires, this could be modified to allow interim signs for 6 months, with a possible extension of 6 months. Agenda/l 21493 1 1 11/03/96 City Council Minutes December 14, 1993 2.Require business owner to apply for a permanent sign prior to permitting a second extension. 3.With regard to events, reduce requirement of time between events to 30 days instead of 60 day period. 4. Allow two temporary signs, back to back. Councilmember Parks suggested this be agendized and recommended a lead person be appointed from the business community to work with staff. Mr. Sparks stated he would be willing to represent the business community and work with staff. City Attorney Field advised the Council that since the current sign ordinance is a zoning ordinance, amendments must go first to the Planning Commission, and suggested that this matter be referred to the Planning Commission to expedite the process. Mayor Mufioz requested that no citations be issued during this period, but requests for voluntary compliance continue. Chief Building Official Tony Elmo asked that the enforcement program be suspended until this matter is resolved, stating his desire is to protect the credibility of the Code Enforcement Officer. Councilmember Birdsall stated she is in favor of reviewing this matter once more, but three years ago businesses were involved in drafting the current sign ordinance, and she hopes that this matter will not continue to surface every several years. She asked the business community to "police themselves" to avoid problems that were present three years ago before the sign ordinance took effect. It was moved by Councilmember Parks, seconded by Councilmember Stone to refer this matter to the Planning Commission to conduct hearings regarding amendments to the ordinance and further directed staff to waive enforcement for a period of 90 days. The motion was unanimously carried. It was moved by Councilmember Parks, seconded by Councilmember Stone to continue the meeting until 1 2:00 AM. The motion was unanimously carried. 1 7.Planning Application No. 93-01 79, Amendment No. 1 - Second unit Permit - Appeal of Conditions of Ai)iproval No. 31 and 42 (requirement for the all-weather access to the second unit- as specifically defined by the Department of Public Works) Director of Planning Gary Thornhill presented the staff report. Mayor Mufioz opened the public hearing at 1 1: 1 4 PM. Agenda/l 21493 1 2 11/03/96 City Council Minutes December 14, 1993 Paul Toomey, 34634 Calimine Road, Yucaipa, stated this is a typical second unit and it has come as a surprise to the applicants that an all weather road is required and requested that the interpretation of an all-weather road be reviewed. Mayor Mufioz closed the public hearing at 1 1:25 PM. Councilmember Parks stated he does not have a problem with a dirt road in this area and stated he feels that a $20,000 improvement is not necessary. Mayor MuFioz stated that if a dirt road is allowed, he feels the City should be held harmless in case of emergency. City Attorney Field asked if the Council wanted to amend Condition 42 to change the definition of "all weather" road. Director of Planning Gary Thornhill stated (1) he needs direction for future applications to be consistent with approvals, and (2) if second units will be permitted without all- weather access, the ordinance needs to be amended. City Attorney Field suggested reopening the public hearing and continuing this item for 30 days. Mayor Mufioz re-opened the public hearing at 11:37 PM. It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Stone to continue the public hearing to the meeting of January 1 1, 1 994 and directed staff to prepare an ordinance amendmentto address defining a satisfactorysurface material for access to second dwelling units. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Roberts, Stone, Mufioz NOES: 1 COUNCILMEMBERS: Parks ABSENT: 0 COUNCILMEMBERS: None Mayor Mufioz reordered the agenda to hear Item 22 out of order. Mayor Mufioz announced that he and Councilmember Stone would abstain due to a potential conflict of interest. 22. Reciuest for Fee Waiver for Rod Run 1994 - Old Town Merchants Association Agenda/121493 1 3 11/03196 CitV Council Minutes December 14, 1993 Director of Planning Thornhill provided the Council with an estimate of fees that are requested to be waived, with a total of $8,750.00. Mike Thesing, 30291 Via Brisa, Chairperson of Temecula 94 Rod Run, requested that fees be waived and requested a donation of $1,500.00to provide portable toilets for the event. He stated that a percentage of profits will be donated to the Schriners Hospital. Councilmember Birdsall voiced a concern for profits being donated to a charity located outside of the City. RECESS Mayor Pro Tem Roberts called a brief recess at 1 1:45 PM to change the tape. The meeting reconvened at 1 1:45 PM. Mayor Pro Tem Roberts asked the status of the loan to the Old Town Merchants Association, and stated it was his understanding that any profits from last year were to be used to repay the loan. Finance Officer Mary Jane McLarney advised that no repayment has been received by the City on previous loans to the Old Town Merchants Association. John Coute, 3083 Pepper, Highland, stated this is a premier event in Southern California and events are always better received if a charity is involved. It was moved by Councilmember Parks, seconded by Councilmember Birdsall to extend the meeting until 1 2:30 AM. The motion was unanimously carried. Councilmember Birdsall suggested giving a $5,000 sponsorship from the City's promotional budget, instead of arbitrarily waiving fees which have no set dollar amount. It was moved by Councilmember Birdsall, seconded by Councilmember Parks to approve an allocation of $5,000 from the Promotional Budget for sponsorship of the event. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Parks, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 2 COUNCILMEMBERS: Mufioz, Stone Agenda/121493 14 11/03196 City Council Minutes December 14, 1993 Chairperson Ron Parks reopened RDA Meeting. City Attorney Field announced that the public hearings by the City Council and Redevelopment Agency would be heard currently. Action of the Redevelopment Agency is recorded in the Redevelopment Agency Minutes. 18.Disr)osition and Development Agreement Between the Redevelor)ment A-gency - City of Temecula and the Donna L. Reeves Trust U.T.D. 7-25-93 City Attorney Field presented the joint staff reports. He announced that in addition to the staff report, discussions were entertained to enter into an option agreement which would allow Reeves to repurchase the Jefferson Road property at $2 million dollars for up to 60 days prior to expiration of 1 2 months. He explained that during a 1 0 month period, the City would have the ability to market the site with Reeves having the right of first refusal. Mayor Muiioz opened the public hearing at 1 2:1 7 AM. Mr. Aaron Jacoby, 355 S. Grand Avenue, 31st Floor, Los Angeles, representing the Reeves Group, stated this additional agreement allows the Reeves group to help the City find a buyer. He stated this action allows for the expansion of sales capability to approximately 250-300 cars per month. Dave Kennedy, applicant, stated the business function will be moved to the Ynez Site, and the Company goal is to get full operation moved as soon as possible. Mayor Mufioz closed the public hearings at 1 2:25 AM. It was moved by Councilmember Stone, seconded by Councilmember Parks to approve staff recommendation as follows: RECOMMENDATION: 1 8.1Adopt a resolution entitled: RESOLUTION NO. 93-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT, A PROPERTY EXCHANGE AGREEMENT AND A LEASE BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND THE DONNA L. REEVES TRUST U.T.D. 7-25-90 19.Use of Redevelopment Bond Proceeds for Construction of City Administrative Offices and Corporate Yard Ager,d./l 21493 1 6 11/03/96 City Council Minutes Decernber 14, 1993 City Attorney Field presented the joint staff report. Mayor Muiioz opened the public hearing 1 2:35 AM. Pat Keller, P.O. Box 521, Temecula, addressed the Council and Agency in opposition to the use of Redevelopment Funds for construction of a City Administrative Center. Steve Tapley, 43939 Margarita Road, spoke in opposition to the use of RDA funds for construction of a City Hall. He also stated he distributed a letter concerning rent the City pays for current facility and would like the figures corrected for the record. City Manager Dixon stated that the lease payment, plus tenant improvements is around $30,000/month. Howard Omdahl, 4585O Via Vaquero Road, addressed the Council and Agency stating the Bank of America location is not the proper location for City Hall, and stated the Crystal Ridge location, which he represents, would be a much better location for this facility. City Manager Dixon explained that what is before the Council and Agency is not acquisition or acceptance of a site, but merely financing in the event that this site is chosen for construction of a facility. Mayor Mufioz closed the public hearing at 1 2:50 AM. Chairman Parks closed the RDA public hearing at 1 2:50 AM. It was moved by Councilmember Birdsall, seconded by Mayor Pro Tem Roberts to approve staff recommendation with direction to amend Section 2 of the resolution to approve a contribution of $4,000.000.00. 19.1 Adopt a resolution entitled: RESOLUTION NO. 93-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE EXPENDITURE OF TAX INCREMENT FUNDS BY THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA FOR THE CONSTRUCTION OF CITY ADMINISTRATIVE OFFICES AND A CORPORATION YARD NORTH OF WINCHESTER ROAD AND WEST OF DIAZ ROAD The motion was unanimously carried. Agendall 21493 1 6 11/03/96 City Council Minutes December 14, 1993 it was moved by Councilmember Stone, seconded by Councilmember Parks to extend the meeting until 1:20 AM. The motion was unanimously carried. COUNCIL BUSINESS 20.Election of Mayor 21.Election of Mayor Pro Temr)ore It was moved by Mayor Muiioz, seconded by Councilmember Parks to elect Councilmember Ron Roberts to serve as Mayor to preside until the end of calendar year 1994, and Councilmember Jeff Stone to serve as Mayor Pro Tempore who will assume the duties of the Mayor in the Mayor's absence until the end of calendar year 1 994. The motion was unanimously carried. Councilmember Birdsall briefly stepped down from the podium at 1:02 AM. 23.Urgency Ordinance to Allow Pror)erty Clearance for Fire Protection Purr)oses City Attorney Field presented the staff report. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Roberts to approve staff recommendation as follows: RECOMMENDATION: 23.1Read by title only and adopt an ordinance entitled: ORDINANCE NO. 93-23 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PERMITTING CLEARING OF BRUSH FOR FIRE PROTECTION PURPOSES The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Parks, Roberts, Stone, Mufioz NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Birdsall Councilmember Birdsall resumed her seat at 1:04 AM. Agendall 21493 1 7 11/03/96 City Council Minutes December 14, 1993 24.Consideration of Settlement Acireement - McDowell vs. City of Temecula City Attorney Field presented the staff report and stated there is a typographical error in the recommendation and the amount should read $1,607,422.1 5. Councilmember Stone voiced his opposition to the settlement, stating he feels the City will be expending more funds than this property is worth. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Roberts to approve staff recommendation as follows: 24.1Consider approving the settlement agreement in the action entitled Ciitv of Temecula v. McDowell in the amount of $1,607.422.15. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Parks, Roberts NOES: 1 COUNCILMEMBERS: Stone ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Muiioz CITY MANAGER REPORT None given. CITY ATTORNEY REPORT None given. Agendall 21493 1 8 11/03/96 City Council Minutes December 14, 1993 ADJOURNMENT it was moved by Councilmember Parks, seconded by Mayor Pro Tem Roberts to adjourn at 1:1 3 AM to a meeting on January 11, 1994, 7:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California. The motion was unanimously carried. "q 9 J.S@uiioz, Mayor ATTEST: Greek, City Cle@ Ag.ndall 21493 19 11/03196