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Home My WebLink About120396 CC Minutes MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD DECEMBER 3, 1996 EXECUTIVE SESSIObi A meeting of the City of Temecula City Council was called to order at 4:00 PM. It was duly moved and seconded to adjourn to Executive Session at 6:07 PM, pursuant to Government Code Section 54956.8, Conference with Real Property Negotiator; Properties: Portions of Parcels 1, 4 and A of Parcel Map 7674; Portions of Lot 1 of Tract 21375; and portions of lots 1 and 2, Block 17 as shown on the map of the Town of Temecula, all of which are located at or near Front Street between Front and Pujol Street; Negotiating parties: City of Temecula and 1) Virginia Rae Mathews and Marion P. Denny, 2) Richard G. And Marilyn F. Gabriel, and (3) Virginia J. Mason and Charlotte L. Mashburn; Under negotiation: price and terms of payment. The motion was unanimously carried. An adjourned regular meeting of the Temecula City Council was called to order at 4:20 PM at the City Council Chambers, 43200 Business Park Drive, 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. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Ford. CITY ATTORNEY REPORT City Attorney Thorson stated, in accordance with the Brown Act, there was nothing to report from Closed Session. PUBLIC COMMENTS Ed Dool, representing Temecula Shuttle, announced the Tri-City Trolley Tootsie Run, serving Temecula, Murrieta and Lake Elsinore will have its kick-off on Saturday, December 7th and will run each Saturday through December. CITY COUNCIL REPORTS Mayor Pro Tem Birdsall reminded members of the community about Christmas Dinner that will be held at the Temecula Community Center on Christmas Day from 1 1:00 AM to 5:00 PM. She Mi nutes\ 1 2\0 3\9 6 -1- 01115/97 City Council Minutes December 3. l@ asked that anyone wishing to donate pies or volunteer for this event should call the Community Center at 676-4718. Councilmember Ford invited the Council and members of the community to attend a meeting regarding the Murrieta Creek on December 10, 1996, 10:00 AM at Murrieta Town Hall. He stated that all decision-making agencies dealing with Murrieta Creek will be present at this meeting. Councilmember Roberts reported that he attended a WRCOG Meeting where the Western Riverside County library problem was discussed and he announced a library workshop will be scheduled in January. CONSENT CALENDAR Councilmember Stone stated he would abstain on Item No. 3 due to a conflict of interest. It was moved by Councilmember Roberts ' seconded by Councilmember Ford to approve Consent Calendar Items 1-3, with Councilmember Stone abstaining on Item No. 3. 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 Procedure 1.1Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2.Resolution Approvina List of Demands 2.1Adopt a resolution entitled: RESOLUTION NO. 96-141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT Minutes\l 2\03\96 -2- 01/15/97 City Council mutes December 3. 1996 3.Old Town Temecula Loao License Aareement RECOMMENDATION: 3.1Authorize the City Manager to enter into License Agreements for use of the City's Old Town Logo in substantially the form attached to this report. AYES: 4 COUNCILMEMBERS: Birdsall, Ford, Roberts, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Stone COUNCIL BUSINESS 4F-irst Street Realionment and Extension Proiect Councilmember Stone announced a conflict of interest and stepped down from the dias. City Attorney Peter Thorson presented the staff report. City Clerk June S. Greek read a letter from Richard G. And Marilyn Gabriel, voicing their objections to the proceedings. The letter was formally accepted as part of the record. Mayor Lindemans opened the hearing at 4:35 PM. Mr. Richard Gabriel presented written comments to the City Clerk and spoke in opposition to the eminent domain proceedings, listing inconsistencies in the offer. Redevelopment Director Marilyn Whisenand explained that a great deal of negotiation existed with this process and inconsistencies occurred because the City has been trying to accommodate the wishes of the owners. She explained that the City remains willing to negotiate, however to this date there has been no response from the owners regarding their feelings of property value. Mayor Lindemans closed the hearing at 4:55 PM. Minutes\l 2\03\96 -3- 01/15/97 City Council Minutes December 3. 1996 It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Ford to adopt a resolution entitled: RESOLUTION NO. 96-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY (KNOWN AS THE GABRIEL PROPERTY - APN 922-010-017) FOR PUBLIC PURPOSES (FIRST STREET REALIGNMENT AND EXTENSION PROJECT) The motion was unanimously carried with Councilmember Stone abstaining. It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Roberts to adopt a resolution entitled: RESOLUTION NO. 96-143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY (KNOWN AS THE GABRIEL PROPERTY - APN 922-010-018) FOR PUBLIC PURPOSES (FIRST STREET REALIGNMENT AND EXTENSION PROJECT) The motion was unanimously carried with Councilmember Stone abstaining. It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Ford to adopt a resolution entitled: RESOLUTION NO. 96-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY (KNOWN AS THE MASON/MASHBURN PROPERTY - APN 922-072-012-2) FOR PUBLIC PURPOSES (FIRST STREET REALIGNMENT AND EXTENSION PROJECT) The motion was unanimously carried with Councilmember Stone abstaining. Minutes\l 2\03\96 -4- 01/15/97 City Council mutes December 3. 1996 It was moved by Councilmember Ford, seconded by Mayor Pro Tem Birdsall to adopt a resolution entitled: RESOLUTION NO. 96-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY (KNOWN AS THE MATHEWS/DENNY PROPERTY - APN 922-091-003-4) FOR PUBLIC PURPOSES (FIRST STREET REALIGNMENT AND EXTENSION PROJECT) The motion was unanimously carried with Councilmember Stone abstaining. It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Ford to approve staff recommendations 4.3, 4.4, 4.5 and 4.6 as follows: 4.3Direct the City Attorney to file the actions expeditiously; 4.4Approve the following warrants payable to Arthur Sims, Executive Officer, Superior Court of the State of California for the County of Riverside, for the deposits required to be made with the Court to obtain an Order of Possession. $10,821 (Virginia Rae Mathews and Marion P. Denny) $1,750 (Richard G. And Marilyn F. Gabriel) $234,600 (Richard G. And Marilyn F. Gabriel) $16,716 (Virginia J. Mason & Charlotte L. Mashburn) 4.5Authorize the City Manager to execute all necessary documents. 4.6Appropriate $263,887.00 from the General Fund to the Capital Improvement Fund. The motion was unanimously carried with Councilmember Stone abstaining. 5.Declaration of Results of November 5. 1 996 Election City Clerk June S. Greek presented the staff report. Minutes\l 2\03\96 -5- 01/15/97 City Council mutes December 3. 1996 It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Stone to approve staff recommendation as follows: 5.1Adopt a resolution entitled: RESOLUTION NO. 96-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 1996, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW City Clerk June Greek swore in newly elected Councilmember Steven Ford. 6.Election of City Council Officers for 1997 It was moved by Councilmember Roberts, seconded by Councilmember Ford to elect Councilmember Patricia H. Birdsall to serve as Mayor to preside until the end of Calendar Year 1997. Councilmember Stone noted he would abstain, not because he feels Councilmember Birdsall is not qualified, but because she was appointed to fill an unexpired term, rather than elected. The motion was carried as follows: AYES:4 COUNCILMEMBERS: Birdsall, Ford, Roberts, Lindemans NOES:0 COUNCILMEMBERS: None ABSENT:0 COUNCILMEMBERS: None ABSTAIN:1 COUNCILMEMBERS: Stone It was moved by Councilmember Stone, seconded by Mayor Pro Tem Birdsall to elect Councilmember Roberts to serve as Mayor Pro-Tem who will assume the duties of the Mayor in the Mayor's absence and will hold this office until the end of calendar year 1997. The motion was unanimously carried. CITY MANAGER'S REPORT None given. Minutes\l 2\03N96 -6- 01/15/97 City Council Minutes Decernber 3. 1 996 CITY ATTORNEY'S REPORT None given. ADJOURNMENT It was moved by Councilmember Stone, seconded by Councilmember Roberts to adjourn at 5:07 PM to a meeting on December 10, 1996, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried. or ATTEST: J Greek, CMC, City Clerk Minutes\l 2\03\96 -7- 01/15/97