HomeMy WebLinkAbout032696 CC Minutes MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
HELD MARCH 26, 1996
A regular meeting of the Temecula City Council was called to order at 7:02 PM at the
Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor Karel
F.Lindemans presiding.
PRESENT 4 COUNCILMEMBERS: Birdsall, Ford, Stone,
Lindemans
ABSENT: 1 COUNCILMEMBERS: Roberts
Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk
June S. Greek.
INVOCAIM
The invocation was given by President Robert Ford of the Church of Jesus Christ of Latte@ Day
Saints.
PLEDGE OF ALLEGIANCE
The audience was led in the flag salute by Councilmember Stone.
PRESENTATIONS/
PROCLAMATIONS
Mayor Lindemans proclaimed the week of April 8-12, 1996 to be 'Building Safety Week." Chief
Building Official Tony Elmo thanked Mayor Lindemans for the proclamation and explained
Building and Safety Week provides education to the public regarding the functions of the
Building and Safety Department.
Malinda Smith, representing the Southwest County Child Care Council, presented the City of
Temecula with an award in recognition of the City's $5,000 donation to the organization. She
thanked the City Council for their support and reported that several families in the area were
assisted with child care needs.
PUBLIC COMMENTS
Sam Pratt, 40470 Brixton Cove, presented the City Clerk with a letter addressed to the Council
and asked that the Council serve the needs of all citizens instead of acting to benefit one
person.
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Joan F. Sparkman, 30554 San Pasqual, representing the Temecula Valley Chamber of
Commerce, addressed the City Council regarding the proposed 'no-growth' initiative. She
expressed concern on how this initiative would affect non-profit agencies. She requested the
Council provide answers regarding this concern so that the public can be informed.
Kris Starman, 1390 % Ridge Way , Pasadena, representing Cal Poly Pomona Graduate Program
in Landscape Architecture, stated a proposal has been submitted for design of Murrieta Creek.
She announced a Community Workshop will be held on April 6th at the Murrieta High School
from 9:00 AM to 12:00 PM, and invited the Council to attend.
Mayor Undemans stated he has been invited to attend a preview meeting with URGE and the
Murrieta Conservation District regarding the Integrated Management Plan for Murrieta Creek to
be held with the Student Team from Cal Poly, Pomona on Thursday, the 28th and requested
that staff be available to attend.
Melody Brunsting, 27540 Ynez Road, J-9, representing the CRC Building Foundation, expressed
concerns about the TOTAL Initiative and asked what kind of effect this initiative would have
on the Foundation's ability to provide recreation opportunities for the citizens of Temecula.
CITY COUNCIL REPORTS
Mayor Undemans removed Item 20 from the agenda and asked Public Works Director Joe Kicak
to give a brief report. Mr. Kicak reported that staff met with residents in the Starlight Ridge
last Thursday night, and discussed some of the studies being conducted in the area. He stated
that in an effort to look at the whole area and provide a comprehensive report, more time is
needed and it should be back on the agenda the second meeting in April.
CONSENT CALENDAR
Councilmember Ford requested the removal of Items 12 and 13 from the Consent Calendar.
It was moved by Councilmember Stone, seconded by Councilmember Ford to approve Consent
Calendar Items 1 -1 1 and 14-16.
The motion carried as follows:
AYES: 4 COUNCILMEMBERS: Birdsall, Ford, Stone, Lindemans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Roberts
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1 Standard Ordinance Adoption Procedure
1.1Motion to waive the reading of the text of all ordinances and resolutions included
in the agenda.
2Approval of Minutes
2.1Approve the minutes of March 12, 1996.
3Resolution Approyong List of Demands
3.1Adopt a resolution entitled:
RESOLUTION NO. 96-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING
CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
4Cable Television Franchise Transfer
4.1Approve the Settlement Agreement between the City of Temecula and The
Chronicle Publishing Company, Regarding Cable Television Rates and Charges.
4.2Adopt a resolution entitled:
RESOLUTION NO. 96-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THE TRANSFER OF A CABLE TELEVISION FRANCHISE FORM THE
CHRONICLE PUBLISHING COMPANY TO TCI CABLEVISION OF CALIFORNIA, INC.
4.3Adopt a resolution entitled:
RESOLUTION NO. 96-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING
CABLE TELEVISION CUSTOMER SERVICE STANDARDS
5Review of City's Manaaement Information Systems (MIS)
5.1Approve a contract to hire Robert J. Metzger, through PMW Associates, to
conduct a comprehensive review of the City's Management Information Systems
for an amount not to exceed $17,000.
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5.2Approve an appropriation of $17,000 in the Information Systems Internal
Services Fund.
6Support of Amicus Brief - Emergency Medical Services
6.1Authorize the City joining as an amicus curial in behalf of the City of San
Bernardino in the County of San Bernardino at no cost to the City.
7Destruction of Records Request
7.1Approve scheduled destruction of certain records as provided under the City of
Temecula approved Records Retention Policy.
8Solicitation of Construction Bids for the City Hall Modifications and Tenant
lmproveme=
8.1Approve the construction plans and specifications upon completion and authorize
the Department of Public Works to solicit public construction bids for the City
Hall modifications and Tenant Improvements, PW95-22.
9Solicitation of Construction Bads for the Cot)f Maintenance Fac*lgty, P 95-29
9.1Approve the construction plans and specifications upon completion and authorize
the Department of Public Works to solicit public construction bids for the new
City Maintenance Facility, PW95-29.
10Ultimate Reconstruction of Southbound Ramps at 1-1 5 and State Route 79S
10.1Adopt a resolution entitled:
RESOLUTION NO. 96-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, PROVIDING FOR THE REQUIRED ULTIMATE RECONSTRUCTION
OF SOUTHBOUND RAMPS AT 1-15 AND STATE ROUTE 79S
10.2Authorize the transfer of $200,000 of Public Facilities Development Impact Fees
to the Capital Projects Fund.
10.3Appropriate $200,000 in the Capital Projects Fund.
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1 1California Office of Emeraency Services Hazard Motaaation Grant Program for the 1995
Winter Sto[m
11.1Adopt a resolution entitled:
RESOLUTION NO. 96-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA TO AUTHORIZE THE CITY MANAGER TO SIGN, ON BEHALF OF
THE CITY, THE HAZARD MITIGATION GRANT PROGRAM APPLICATION AND
ANY ANCILLARY APPLICATION DOCUMENTS
14Reduce Faithful Performance Bond Amounts in Tract No. 24132-F
14.1Authorize a fifty percent reduction in Faithful Performance Street, Drainage,
Water and Sewer Improvements bond amounts in Tract No. 24132-F;
14.2Direct the City Clerk to so advise the Developer and Sureties.
1 5Acceptance of Public Streets into the City-Maintauned Street S)tstem (Wothon Tracts No.
13060-3 and 13060-8
15.1Adopt a resolution entitled:
RESOLUTION NO. 96-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-
MAINTAINED STREET SYSTEM (WITHIN TRACTS NO. 13060-3 AND 13060-8)
1 6 Sister Cit)f Committee Funding Request
16.1Receive and file informational report regarding disbursement of student exchange
funds.
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1 2'No Parking' Zones on Bedford Court
It was moved by Councilmember Ford, seconded by Councilmember Birdsall to approve
staff recommendation with further direction to staff to look into the feasibility of a 'Park
and Ride' facility in this general location.
12.1Adopt a resolution entitled:
RESOLUTION NO. 96-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ESTABLISHING A "NO PARKING" ZONE ON BEDFORD COURT SOUTH OF STATE
ROUTE 79(S)
The motion was unanimously carried with Councilmember Roberts absent.
1 3 Release Gradina Bond for Tracts No. 23125-1. 2. 3. and F
It was moved by Councilmember Ford, seconded by Councilmember Stone to approve
staff recommendation with further direction to staff to investigate any possible drainage
problems that may occur in the open space area adjacent to the Park Site.
13.1Authorize release of the Grading Bond for Tracts No. 23125-1, 2, 3, and F;
13.2 Direct the City Clerk to so advise the Developer and Surety.
The motion was unanimously carried with Councilmember Roberts absent.
RECESS
Mayor Lindemans called a recess at 7:30 PM. The meeting was reconvened at 7:40 PM
following the previously scheduled Community Services District, Redevelopment Agency, Old
Town/Westside Community Facilities District Financing Authority and Old Town/Westside
Improvement Authority Meetings.
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JOINT CITY COUNCIL/TEMECULA REDEVELOPMENT AGENCY MEETING
PUBLIC HEARINGS
2Amendment to Owner Participation Agreement by and Between the Redevelopment
Agenc)f of the City of Temecula and Temecula Entertainment Valley, Inc. (Form@
T.Z.B.G.. l@
Councilmember Stone announced a conflict of interest due to property ownership in Old
Town and stepped down from the dias.
City Manager Ronald Bradley presented the staff report.
Councilmember Ford asked if there is a mechanism for monitoring the services provided.
City Manager Bradley answered that a cost accounting system will be set in place.
Councilmember Ford asked if, on page three of the Amendment to the OPA (Amendment
of Section 2.4(a), 7th line), the City Attorney concurs regarding the insertion of 'or
after' termination of the agreement. City Attorney Thorson stated this will be inserted
in the document.
Mayor Lindemans opened the public hearing at 7:45 PM.
Sam Pratt, 40470 Brixton Cove, spoke in opposition to the Amendment to the Owner
Participation Agreement, and distributed a letter on behalf of TOTAL. He referred to the
Community Redevelopment Law Section of the Health and Safety Code, Chapter 6, and
stated the Entertainment Center Project does not comply.
Mayor Lindemans closed the public hearing at 7:50 PM.
City Attorney Thorson responded to the comments regarding the Community
Development Act and the inability of private parties to correct blight. He said a finding
was made at the time the Redevelopment Plan was adopted, before the city's
incorporation. He explained this action was challenged in the court and validated by the
court's judgement that this plan is legal.
City Attorney Thorson also explained the Environmental Impact Report is a very
comprehensive document and changes to the Owner Participation Agreement are very
minor and do not necessitate a supplemental EIR, since everything was considered in
the original report.
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It was moved by Councilmember Birdsall, seconded by Councilmember Ford to approve
staff recommendation as follows:
2.1Adopt a resolution entitled:
RESOLUTION NO. 96-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THAT CERTAIN AGREEMENT ENTITLED MAMENDMENT TO THE
OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF TEMECULA AND TEMECULA ENTERTAINMENT
VALLEY, INC., A CALIFORNIA CORPORATION (FORMERLY KNOWN AS T.Z.B.G.,
INC.) AS OF MARCH 26,1996.
The motion carried as follows:
AYES: COUNCILMEMBERS: 3 Birdsall, Ford, Lindemans
NOES: COUNCILMEMBERS: 0 None
ABSENT: COUNCILMEMBERS: 1 Roberts
ABSTAIN: COUNCILMEMBERS: 1 Stone
It was moved by Agency Member Lindemans, seconded by Agency Member Ford to
approve staff recommendation as follows:
2.1Adopt a resolution entitled:
RESOLUTION NO. RDA 96-06
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED AMENDMENT
TO THE OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND TEMECULA
ENTERTAINMENT VALLEY, INC., A CALIFORNIA CORPORATION (FORMERLY
KNOWN AS T.Z.B.G., INC.) AS OF MARCH 26,1996
The motion carried as follows:
AYES: AGENCY MEMBERS: 3 Birdsall, Ford, Lindemans
NOES: AGENCY MEMBERS: 0 None
ABSENT: AGENCY MEMBERS: 1 Roberts
ABSTAIN: AGENCY MEMBERS: 1 Stone
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RECESS
Mayor Lindemans recessed the City Council Meeting at 7:55 PM. The meeting was reconvened
following the Old Town Westside Community Facilities District Financing Authority Meeting and
the Old Town Westside Improvement Authority Meeting at 8:16 PM.
JOINT CITY COUNCIL/RDA PUBLIC HEARING
1 7 Rancho West Apartments
Finance Director Genie Roberts introduced Bond Counsel Paul Thimmig who presented
the staff report.
Paul Thimmig requested that action on Recommendation No. 17.3 be delayed to a date
to be determined. Council consensus was obtained.
Mayor Lindemans opened the public hearing at 8:20 PM.
Sam Pratt, 40470 Brixton Cove, spoke in opposition to the staff recommendation,
stating this action would acquire existing housing, not provide additional housing.
City Attorney Thorson reported that under the California Redevelopment Act, low to
moderate income housing is a priority and this project would require that designated
units remain affordable to low-income residents for 30 years.
Councilmember Birdsall stated presently Rancho West is not low cost housing.
Mayor Lindemans closed the public hearing at 8:28 PM.
It was moved by Councilmember Birdsall, seconded by Councilmember Ford to approve
staff recommendation 17.1 and 17.2 as follows:
17.1Hold a public hearing on the proposed issuance of tax-exempt bonds by the
Redevelopment Agency of the City of Temecula to finance the purchase and
rehabilitation of Rancho West Apartments.
17.2Adopt a resolution entitled:
RESOLUTION NO. 96-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THE ISSUANCE OF REVENUE BONDS BY THE REDEVELOPMENT
AGENCY OF THE CITY OF TEMECULA FOR THE PURPOSE OF PROVIDING
FINANCING FOR A MULTIFAMILY RENTAL HOUSING DEVELOPMENT TO BE
OWNED BY THE COACHELLA VALLEY HOUSING COALITION
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The motion carried as follows:
AYES: 3 COUNCILMEMBERS: Birdsall, Ford, Lindemans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Roberts
ABSTAIN: 1 COUNCILMEMBERS: Stone
Chairperson Birdsall declared the Redevelopment Agency Meeting adjourned at 8:30 PM.
18.Planning Appl*catoon No. PA96-0019 (Specefic Plan No. 199 - Zonong Amendment) and
Planning Application No. PA96-0020 (General Plan Amendment) - 'Temeku'
Community Development Director Gary Thornhill presented the staff report.
Mayor Lindemans opened the public hearing at 8:30 PM.
Barry Burnell, T & B Planning, 3242 Halladay Street, Ste 100, Santa Ana, representing
the application, stated he is in support of staff's recommendation and is present to
answer any questions the Council may have.
Mayor Lindemans closed the public hearing at 8:31 PM.
It was moved by Councilmember Birdsall, seconded by Councilmember Stone to approve
staff recommendation 18.1 and 18.2 as follows:
18.1Adopt a resolution entitled:
RESOLUTION NO. 96-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING PLANNING APPLICATION NO. PA96-0020, CHANGING THE
GENERAL PLAN LAND USE DESIGNATION FROM HIGH DENSITY RESIDENTIAL
TO MEDIUM DENSITY RESIDENTIAL ON PROPERTY GENERALLY LOCATED
NORTH OF RANCHO CALIFORNIA ROAD, EAST OF MARGARITA ROAD, SOUTH
OF LA SERENA WAY AND WEST OF MEADOWS PARKWAY
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18.2Adopt a resolution entitled:
RESOLUTION NO. 96-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING PLANNING APPLICATION NO. PA96-0019, CHANGING THE
SPECIFIC PLAN LAND USE DESIGNATION FROM VERY HIGH DENSITY
RESIDENTIAL TO MEDIUM HIGH DENSITY RESIDENTIAL ON PROPERTY
GENERALLY LOCATED NORTH OF RANCHO CALIFORNIA ROAD, EAST OF
MARGARITA ROAD, SOUTH OF LA SERENA WAY AND WEST OF MEADOWS
PARKWAY
The motion was unanimously carried with Councilmember Roberts absent.
It was moved by Councilmember Stone, seconded by Councilmember Ford to read by
title only and introduce an ordinance entitled:
ORDINANCE NO. 96-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING PLANNING APPLICATION NO. PA96-0019, ZONING AMENDMENT,
AMENDING THE TEXT WITHIN SPECIFIC PLAN NO. 199 TO DELETE THE
RETIREMENT ORIENTED HOUSING RESTRICTION, AMEND DEVELOPMENT
STANDARDS FOR PLANNING AREAS NO. 38 AND 40 AND DELETE
REFERENCES TO THE COUNTY OF RIVERSIDE ON PROPERTY GENERALLY
LOCATED NORTH OF RANCHO CALIFORNIA ROAD, EAST OF MARGARITA
ROAD, SOUTH OF LA SERENA WAY AND WEST OF MEADOWS PARKWAY
The motion was unanimously carried with Councilmember Roberts absent.
19.Plannina Application No. PA96-0024 (Revised Permat-Master Conditional Use Per@
PA94-0061). Plannina Application No. PA96-0025 (Revised Permit-Westside Specific
Plans PA95-0003). Plannina Application No. PA96-0026 (Revised Permit-Tentatove Tract
Map No. 2801 1: PA95-0004) - Old Town Redevelopment Project
Councilmember Stone declared a conflict of interest due to property ownership in Old
Town, and stepped down from the dias.
Community Development Director Gary Thornhill presented the staff report.
Mayor Lindemans opened the public hearing at 8:40 PM.
Sam Pratt, 40470 Brixton Cove, spoke in opposition to staff recommendations 19.1 and
19.2.
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Arthur P. Beese, 41778 Bargil Court, addressed the City Council with questions on how
grading and specific work will be funded. He also objected to the 'violence' contained
in a couple of the proposed venues for the Entertainment Center and asked that the
street "shoot-outs' and virtual reality theaters be removed.
Mayor Lindemans stated that the Council is restricted to discuss only those items on the
agenda and the venues are not on the agenda tonight. He stated they will be brought
forward at a later point.
Karl Henning, 25404 Coraltree Court, Murrieta, stated he has property that abuts the
Entertainment Center area and expressed concerns regarding grading and what might
happen when it rains.
Mayor Lindemans closed the public hearing at 8:50 PM.
City Manager Bradley addressed the funding issue explaining that private projects will
come from private funding and the Community Facilities District projects will be funded
from that source. He confirmed that neither will be funded from City general funds.
Councilmember Ford stated the conditions of approval regarding grading are very strict
and he feels confident that surrounding properties will not be adversely effected.
It was moved by Councilmember Birdsall, seconded by Councilmember Ford to approve
staff recommendations 19.1 and 19.2 as follows:
19.1Adopt a resolution entitled:
RESOLUTION NO. 96-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING PLANNING APPLICATIONS NO. PA96-0024, PA96-0025, AND
PA96-0026, MODIFYING A PORTION OF CONDITIONS OF APPROVAL NO. 44
OF PLANNING APPLICATION NO. PA94-0061 (MASTER CONDITIONAL USE
PERMIT), A PORTION OF CONDITION OF APPROVAL NO. 38 OF PLANNING
APPLICATION NO. PA95-0003 (WESTSIDE SPECIFIC PLAN); AND A PORTION
OF CONDITION OF APPROVAL NO. 83 OF PLANNING APPLICATION NO. PA95-
0004 (TENTATIVE TRACT MAP NO. 280-1 1) PERTAINING TO IMPROVEMENTS
TO THE INTERCHANGE AT RANCHO CALIFORNIA ROAD AND INTERSTATE 15
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19.2Adopt a resolution entitled:
RESOLUTION NO. 96-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING PLANNING APPLICATION NO. PA96-0026, MODIFYING CONDITION
OF APPROVAL NO. 32 OF PLANNING APPLICATION NO. PA95-0003 (WESTSIDE
SPECIFIC PLAN) PERTAINING TO TIMING FOR THE RECORDATION OF A FINAL
SUBDIVISION M AP AND THE ISSUANCE OF A GRADING PERMIT
The motion carried as follows:
AYES: 3 COUNCILMEMBERS: Birdsall, Ford, Lindemans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Roberts
ABSTAIN: 1 COUNCILMEMBERS: Stone
COUNCIL BUSINESS
21Community Services Commission Appointment
It was moved by Councilmember Birdsall, seconded by Councilmember Stone to appoint
Thomas Edwards and to direct the City Clerk to swear Mr. Edwards in on March 27,
1996 at City Hall. The motion was unanimously carried with Councilmember Roberts
absent.
Mr. Edwards thanked the City Council for their confidence and stated he is looking
forward to serving the community.
22Ordinance Amending Portions of Ordinance No. 91-16 and Chapter 10.24 of the
Municipal Code Pertaining to Excessive Acceleration
City Manager Bradley presented the staff report.
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It was moved by Councilmember Ford, seconded by Councilmember Birdsall to approve
staff recommendation as follows:
ORDINANCE NO. 96-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING SECTION 10.24.080 OF THE TEMECULA MUNICIPAL CODE
PERTAINING TO EXCESSIVE ACCELERATION
The motion was unanimously carried with Councilmember Roberts absent.
CITY MANAGER REPORTS
None given.
CITY ATTORNEY REPORTS
None given.
Councilmember Ford requested the matter of SB-300 Funding Mechanisms be placed on an
agenda within the next 30 days.
ADJOURNMENT
it was moved by Councilmember Stone, seconded by Councilmember Birdsall to adjourn at 9:00
PM to a meeting on April 9, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho
Vista Road, Temecula, California.
Lindemans, Mayor
ATTEST:
J Greek, City Clerk
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