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HomeMy WebLinkAbout082091 CC AgendaAGENDA TEMECULA CITY COUNCIL AN ADJOURNED REGULAR MEETING TEMECULA CITY HALL, 43174 BUSINESS PARK DRIVE MAIN CONFERENCE ROOM AUGUST 20, 1991 - 6:30 PM EXEC'UTIVE SESSION: 5:30 PM - Closed Session, pursuant to Government Code Section No. 54956.9(c). regarding pending litigation. CALL TO ORDER: Flag Salute ROLL CALL: PRESENTATIONS/ PROCLAMATIONS PUBLIC COMMENTS Mayor Ronald J. Parks Councilmember Mu~oz Birdsall, Lindemans, Moore, Mu~oz, Parks A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Council about an item not listed on the Agenda or on the consent Calendar, a pink "Request To Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name and address. For all other agenda items a "Request To Speak" form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. COUNCIL BUSINESS 1. Introduction of Draft Five-year C.I.P. Program CITY MANAGER REPORT CITY ATTORNEY REPORT CITY COUNCIL REPORTS 2/eOende/082091 1 08118181 ADJOURNMENT Next regular meeting: August 27, 1991, 7:00 PM, Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING :: " ' .i. CALL TO ORDER: Chairperson Peg Moore ROLL CALL: AGENCY MEMBERS: Birdsall, Lindemans, Mur~oz, Parks, Moore PUBLIC COMMENT: Anyone wishing to address the Agency, should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. AGENCY BUSINESS: Selection Process for Old Town Advisory Committeej (Presentation by City Attorney) ADJOURNMENT Next regular meeting: August 27, 1991, 8:00 PM, Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, California 2/ageride/082091 2 08/1 e1/91 ITEM NO. 1 APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: PREPARED BY: CITY OF TEMECULA AGENDA REPORT City Council City Manager August 20, 1991 Item No. 1 - Introduction of Draft Five-year C.I.P. Program City Clerk June S. Greek BACKGROUND: The staff will finalize the staff report on this item and forward it to you under separate cover. JSG ~0N39~/ IN3~dO13A303W ~gRO3~M31 ITEM NO. 1 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER ~ CITY OF TEMECULA AGENDA REPORT TO: Temecula Redevelopment Agency Members FROM: General Counsel Scott Field DATE: August 20, 1991 SUBJECT: Selection Process for Old Town Advisory Committee BACKGROUND: Staff will recommend adoption of regulations for the Old Town Advisory Committee on the August 27, 1991 agenda. At the same time the Agency will be asked to select three permanent members and four interim members. Attached is a copy of the regulations, with the eligibility requirements for the Committee Members underlined. It would be helpful if the Agency established a procedure on how to select the Committee Members ahead of time. Possibly, the Agency might select an ad hoc committee to make recommendations to the Agency on Committee Members. Also attached is a recommendation from Mel Hirschi on possible Committee Members. ATTACHMENTS: Draft By-Laws for Old Town Redevelopment Advisory Committee Regulations for Establishment and Selection of the Old Town Redevelopment Advisory Committee Letter from M. Hirschi Letter from B. Perry 2/adgrpt/rdecomm RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ESTABLISHING AN OLD TOWN REDEVELOPMENT ADVISORY COMMITTEE AND ADOPTING REGULATIONS RELATED THERETO WHEREAS, on May 30, 1991, the Redevelopment Agency of the City of Temecula ("Agency") signed a stipulation for entry of judgment ("Judgment") in Dawes, Save Historic Old Temecula v. The Redevelopment Aqency of the County of Riverside, (Case No. 194468MF c/w No. 194948), which Judgment was entered by the Honorable E. Michael Kaiser of the Superior Court of the State of California for the County of Riverside on June 5, 1991; WHEREAS, in accordance with Section H(3) of the Judgment, the Agency is obligated to create and maintain an advisory committee to be known as the "Old Town Redevelopment Advisory Committee" ("Committee#); WHEREAS, in accordance with Section H(3)(a) of the Judgment, the Agency has drafted regulations for establishment and selection of the Committee, which are attached hereto as Exhibit "A" and incorporated herein by this reference; WHEREAS, the establishment and maintenance of the Committee, as described herein, is consistent with the goals of the Agency and Redevelopment Plan 1-1988 adopted by Resolutions 91-11 and 91-15 on May 9, 1991 and April 9, 1991, respectively, and furthers the health, safety, and welfare of the citizenry of Temecula; NOW, THEREFORE, the Redevelopment Agency of the City of Temecula does ordain as follows: SECTION 1. There is hereby created an Old Town Redevelopment Advisory Committee. SECTION 2. The regulations for establishment and. selection of said Committee are hereby approved and adopted. SECTION 3. The three (3) natural persons listed on Exhibit #B# are qualified and eligible to be members of the Committee pursuant to Section H(3)(c) of the Judgment and Article III, Section 2 of the by-laws and are hereby appointed. The first two appointed members shall serve for terms of four (4) years and the third appointed member shall serve for a term of two (2) years in accordance with Section H(3)(e) of the Judgment and Article III, Section 3A of the by-laws. SECTION 4. The four positions on the Committee subject to election pursuant to Section H(3)(b) and Article III, Section 1 of the by-laws, shall be filled by four (4) acting members designated on Exhibit #C# until such time as the successful candidates for these four positions are elected and qualified. The active members on Exhibit #B" are eligible and qualified pursuant to Section H(3)(c) of the Judgment and Article III, Section 2 of the by-laws. SECTION 5. Any vacancy occurring in the members appointed herein shall be handled in accordance with the procedures set forth in the regulations. SECTION 6. The City Clerk shall publish and post the names of the members of the Committee appointed herein pursuant to the requirements set forth in the regulations within fifteen (15) days after the passage of this Resolution. SECTION 7. The City Clerk shall certify to the passage of this Resolution. PASSED, APPROVED AND ADOPTED this day of , 1991. ATTEST: Peg Moore Chairperson June Greek Secretary sff/RESl14800 -2- I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Redevelopment Agency of the City of Temecula at a regular meeting thereof, held on the day of , 1991 by the following vote of the Agency: AYES: AGENCY MEMBERS NOES: AGENCY MEMBERS ABSENT: AGENCY MEMBERS June Greek Secretary APPROVED AS TO FORM: Scott F. Field Counsel to the Agency sff/RESl14800 -3- REGULATIONS FOR THE ESTABLISHMENT AND SELECTION OF THE OLD TOWN REDEVELOPMENT ADVISORY COMMITTEE ARTICLE I Purpose of the Committee The Old Town Redevelopment Advisory Committee ("Committee") shall serve as the means through which the community can participate with the Temecula Redevelopment Agency (the "Agency") in the planning and implementing of the Redevelopment Plan ("Plan") for the Old Town portion of the Temecula Redevelopment Project Area No. 1-1988 (the "Old Town Area"). The Old Town Area is delineated on the map attached hereto and incorporated by this reference. To accomplish this, the Committee will review, evaluate and submit written reports to the Agency and/or the City on any and all redevelopment actions proposed to be undertaken by the Agency and/or the City in furtherance of redevelopment conducted within the Old Town Area. ARTICLE II Creation and Termination of the Committee The Committee shall be created by resolution of the Agency and shall expire concurrently with the termination of the Plan. ARTICLE III Members Section 1. Membership. The membership of the Committee shall consist of seven (7) members, four (4) of whom shall be elected and three (3) of whom shall be appointed, in the manner herein provided and according to the conditions of eligibility herein provided. Members shall not receive compensation for their service on the Committee. Section 2. Eligibility for Membership. A. "Eligible person" as used herein shall mean a natural person 18 years or older who resides in the Old Town Area or who works in the Old Town Area and owns, leases sff/BYLl14500 -2- and/or operates a business entity (for profit or not for profit) which has its principal place of business located within the boundaries of the Old Town Area. B. For purposes of this section, a "principal place of business" may be determined with reference to, without limitation, the annual statement of general information required to be filed with the Secretary of State by every corporation pursuant to Corporations Code Section 1502. For purposes of this section, residency in the Old Town Area may be determined with reference to, without limitation, a driver's license, tax or utility bill, or a business license. C. Failure to abide by the eligibility requirements stated herein shall be deemed a vacancy subject to the provisions of Section 4 of this Article. D. No current member of the Agency shall serve as a member of the Committee. Section 3. Membership Terms. A. Appointed Members: Upon the initial creation of the Committee, three eligible persons shall be appointed members by the Agency, two of whom shall serve for terms of four (4) years, and one for a term of two (2) years. At the expiration of the initial terms, the sff/BYLl14500 -3- Agency shall appoint eligible persons as successor memDers for terms of four (4) years. B. Elected Members: Upon the initial creation of the Committee, the Agency shall appoint four eligible persons to serve as members until the first elected members take office following the initial election. Upon the initial election, the two persons receiving the highest number of votes shall serve terms of four (4) years each while the two persons receiving the lowest number of votes shall serve terms of two (2) years each. At the conclusion of the initial terms of office, persons elected to the Committee shall serve for terms of four (4) years. Section 4. Vacancies. The membership of any member on the Committee shall be vacated whenever any of the following occur: A. By more than three (3) consecutive unexcused absences from any of the meetings of the Committee. B. By death of a member. C. By resignation of a member. D. By the failure of the member to maintain eligibility for membership as specified in Article III sff/BYLl14500 -4- Section 2 herein. E. If a special election to impeach an elected member is successful where the grounds for impeachment are gross misconduct; upon the same grounds, a majority of the Agency may vote to remove an appointed member. Notice of a vacancy shall be sent to the affected member and said vacancy may be appealed by that member to the Agency with the decision of the Agency being final. Any vacancy occurring in the membership of the Committee shall be filled by majority vote of the Agency by an eligible person for the remainder of the unexpired term of the vacated member. ARTICLE IV Procedure for Electing and Appointing Members Section 1. Public Notice. "Public notice" as required herein, shall mean either or all of the following, as designated herein: A. Notice sent via first-class United States mail service to all natural persons who reside within the boundaries of the Old Town Area. B. Notice delivered to all business entities sff/BYLl14500 -5- located within the boundaries of the Old Town Area. C. Notice posted at the fire station located within the Old Town Area, a conspicuous place at Sam Hicks Park, a conspicuous place at the location of the Old Town Merchants Association and at each lobby or entranceway of all multi-family buildings in the Old Town Area. D. Notice published in a paper of general circulation within the Old Town Area once a week for a period of two weeks. Section 2. Initial Membership. The Agency shall appoint the initial seven (7) members of the Redevelopment Agency Committee concurrently with the adoption of these Regulations. Section 3. Procedure for Nominating Electinq Members Elections shall be held biennially on January 1. A. Nominations: Public notice shall be provided pursuant to Section i(B), (C) and (D) of this Article two (2) months before the date of the election requesting the submission of the names of eligible nominees. Said notice shall provide the location where nomination applications are available and the final date for their submission. The nomination application shall list the name of the candidate, include an affidavit sff/BYLl14500 -6- of eligibility pursuant to Article III, Section 2, and shall contain the signatures of ten (10) eligible persons in order to place the name of the candidate on the ballot. B. Elections: Ballots shall be mailed by the 30th day in November preceding the January 1 election date to every eligible person within the Old Town Area. The ballots shall include an affidavit of eligibility and shall state that they are to be returned, postmarked no later than January 1 of the election year. Only one vote is allowed per eligible person. Section 5. Political Reform Act Compliance. All members, whether appointed or elected, shall comply with the disclosure and disqualification provisions of the Political Reform Act (Government Code Section 87100 et seq.). ARTICLE V Internal Orqanization and Staffing Section 1. Officers. By majority vote of the members, there shall be selected one member to act as chairperson and another member sff/BYLl14500 -7- to act as vice chairperson. The term for these offices shall be one year with no member holding the same office for more than two consecutive terms. Vacancies in any of these offices shall be filled by majority vote of the membership. Section 2. Staff. A. Executive Director: The Executive Director of the Agency shall be the Executive Director of the Committee. The Executive Director's duties shall include, without limitation, making requests to the Agency for additional staffing and/or funds for the administration of the Committee. B. Secretary: The Secretary of the Agency shall act as the Secretary of the Committee. The Secretary's duties shall include, without limitation, collecting and distributing to each Committee member all non-privileged material and documentation relating to proposed redevelopment activity by the Agency affecting the Old Town Area. C. Counsel: The general counsel of the Agency shall be the general counsel of the Committee. ARTICLE VI sff/BYLl14500 -8- Meetings Section 1. Reqular Meetings. Meetings shall be held once a month on the of every month; provided, however, that should such a date be a legal holiday, then that regular meeting shall be held on the next business day which is not a legal holiday. A quorum of four (4) members is required to conduct a meeting; any meeting failing to achieve a quorum shall be adjourned. A majority vote of the quorum shall be necessary to pass any resolution of the Committee. The Committee shall be subject to and abide by the open meeting provisions found in the Brown Act (Government Code Sections 54950 et seq.), including those provisions governing the holding of special meetings. The protocol for all meetings shall be conducted pursuant to the rules contained in the current edition of Roberts Rules of Order. sff/BYLl14500 ARTICLE VII Amendment of Regulations The Regulations of this Committee can be amended by resolution of the Agency. sff/BYLl14500 -10- / ! WILLIAM D. PERRY ARCHITECT 28645 FRONT ST. TEMECULA, CA. 92590 JUNE GREEK CITY OF TEMECULA 43174 BUSINESS PARK DR. TEMECULA, CA. 92590 DEAR JUNE, PLEASE PLACE MY NAME ON THE R.D.A. ADVISORY GROUP. INTEREST IN THE APPOINTMENT, OR AS ELECTION CANDIDATE. IHAVE I CAN GIVE REFERENCES AND QUALIFICATIONS UPON REQUEST. SINCERELY, 676 - 61 61 Hirschi Hirschi &McKenzie Attorneys j U N 2 5 lggl i MelviUe I-lirschi Courtland Hirschi Keyin A, McKenzie M- Yance Hirschi June 24, 1991 Dave F. Dixon, City Manager CITY OF TEMECULA 43172 Business Park Drive Temecula, CA 92390 Re: The Old Town Redevelopment Advisory Committee Dear Mr. Dixon: I am submitting this letter to each of the Council Members, Dave Dixon and Scott Field. I anticipate that some delay will be encountered in holding proper election for the four elected members from Old Town. It may be difficult to find seven eligible people willing to The following four people have agreed to run and to serve. serve: Dallas Gray 28465 Front St., Suite 201 Temecula 676-4124 Marion Raish 28585 Pujol St., Temecula 676-5181 Frank Slaughter 42836 Villa Terre Ct. Temecula 676-4371 Larry Davis 42081 Main St. Temecula 676-5997 In addition, Pamela Jones of Temecula Mercantile, Main Street, Temecula, telephone 676-9564, has indicated a willingness to serve if elected or appointed. I suggest that the four persons indicated be appointed by the agency on an interim basis pending an election. 27166 Sun City BlvcL / Post Office Box L / Sun City, CA 92381 / (714) 672-1881 / FAX: (714) 672-3164 City of Temecula Page 2 June 24, 1991 Obviously, no action may be taken with respect to "Old Town" until a full committee of seven is in place. I make this suggestion on behalf of my clients, Robert Dawes & Save Historic Old Temecula. Very truly yours, HIRSCHI, HIRSCHI & McKENZIE Melville Hirschi /jw