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HomeMy WebLinkAbout051397 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD MAY 13, 1997 EXECUTIVE SESSION A meeting of the City of Temecula City Council was called to order at 5:37 PM. It was moved by Councilmember Stone, seconded by Councilmember Ford to adjourn to Executive Session at 5:37 PM, pursuant to Government Code Sections: 1. §54957.6, Conference with City's Labor Negotiator, Grant Yates. 2. §54956.8, Conference with Real Property Negotiator, Property: 27600 Jefferson Avenue; Negotiating Parties: Norm Reeves Super Group and the Redevelopment Agency of the City of Temecula; Under negotiation: Consideration of lease terms. 3. §54956.9(a), Pending Litigation: a. Strachota Insurance Agency v. City of Temecula, et al. b. Stratego v. City of Temecula, et al. c. Zonos v. City of Temecula, et al. 4. §54956.9(b), Whether to initiate litigation, one matter. The motion was unanimously carried. The Executive Session was adjourned at 7:10 PM. A regular meeting of the Temecula City Council was called to order at 7:11 PM at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Mayor Birdsall presiding. PRESENT: 5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and Deputy City Clerk Susan Jones. PRELUDE MUSIC The prelude and intermission music was provided by Kurt Jordan. INVOCATION The invocation was given by Pastor James Field, First Baptist Church of Temecula. R:'~genda~061397 I PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Mayor Pro Tem Roberts. PROCLAMATIONS/PRESENTATIONS Mayor Birdsall proclaimed May 14, 1997, as Transit Appreciation Day CITY ATTORNEY REPORT City Attorney Thorson stated the City Council did not discuss Item No. 2 and on Item 1, the City Council met with Mr. Grant Yates, but there is no final action to report, and in accordance with the provisions of the Brown Act, there is nothing else to report from Closed Session. PUBLIC COMMENTS: Art Pelke, 43185 Margarita Road, extended appreciation to the Council from many Temecula organizations for prohibiting alcoholic and tobacco sales at the proposed Pauba and Margarita Roads strip mall. Don Jenkins, 30315 Rogue Circle, thanked the City Council for their support in helping to defray the expenses for Sean McClintock, who was injured in a bicycle accident while on a scouting trip. Mr. Jenkins announced a Bike-a-Thon, tentatively scheduled for August 23, 1997, to help defray medical expenses for injured bicyclists with inadequate medical coverage. Sean McClintock also expressed his thanks to the various Temecula and Murrieta businesses for their support. Kenneth Ray, 31647 Pio Pico Road, asked the City Council to make a comprehensive review of the general plan with the build-out capped at a reasonable number. Chuck Washington, Councilmember, City of Murrieta, urged support of a resolution adopting a restructuring of the Riverside County Transportation Commission. CITY COUNCIL REPORTS Mayor Pro Tem Roberts asked that the Notice of Hearing signs at Pauba Road and Margarita Road be removed immediately. Mayor Birdsall asked the City Attorney if she could participate in Item 25, as she had watched the video and listened to the audio tapes of the May 8, 1997 workshop. City Attorney Thorson replied she could participate. CONSENT CALENDAR Mayor Pro Tern Roberts requested the removal of Item 5 from the Consent Calendar and asked staff to research if the Old Town Main Street Billboard Association was double billed. R:~eende~061397 2 Councilmember Ford requested the removal of Item 18 from the Consent Calendar. It was moved by Councilmember Stone, and seconded by Councilmember Lindemans to approve Consent Calendar Items 1-4, 6-17 and 19-21. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 1 Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes RECOMMENDATION: 2.1 Approve the minutes of April 8, 1997. 2.2 Approve the minutes of April 22, 1997. 3 Resolution Approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 97-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Report as of March 31, 1997 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of March 31, 1997. 4 R:V~genda\061397 3 6 Authorize Access to Parcel 1 in Parcel MaD No. 21451 from Santiago Road (Located on the Northerly side of Santiago Road Westerly of Margarita Road) RECOMMENDATION: 6.1 Approve a new driveway location access opening fronting on Santiago Road Westerly of Margarita Road; 6.2 Authorize the City Engineer to approve the specific location, subject to the preparation of an agreement wherein the applicants shall quitclaim their rights in an offsite access opening, and shall agree to physically close their existing driveway. Agreement shall be satisfactory to the City Engineer and City Attorney prior to recordation of the agreement. Release Faithful Performance Warranty, and Labor and Materials Bonds in Tract No. 20703- 2 (Located Easterly of the intersection of Roripaugh Road at Winchester Road) RECOMMENDATION: 7.1 Authorize the release of Faithful Performance Warranty and Labor and Materials Bonds for Street, Water and Sewer Improvements in Tract No. 20703-2; 7.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors, the Developer and Surety. Release Faithful Performance Warranty and Labor and Material Bonds in Tract No. 20703-3 {Located Southeasterly of Winchester Road and Southwesterly of Nicolas Road) RECOMMENDATION: 8.1 Authorize release of the Faithful Performance Warranty Bond Riders and Labor and Material Bonds for Public Improvements in Tract No. 20703-3; 8.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors, the Developer and Surety. Accept Public Improvements in Tract No. 21675-6 (Located Southwesterly of the intersection of Meadows Parkway at Rancho Vista Road) RECOMMENDATION: 9.1 Accept the Public Improvements in Tract No. 21675-6; 9.2 Authorize the initiation of the one-year warranty period, reduction of the Faithful Performance Street, Drainage, Water, and Sewer security amounts, and release of the Subdivision Monument security; R:~Ager~a\O61397 4 10 11 12 9.3 Accept substitute securities for Faithful Performance Warranty and Labor and Materials; 9.4 Direct the City Clerk to so advise the Developer and Sureties. Accept Public Improvements in Tract No. 21675-F (Located Southwesterly of the intersection of Meadows Parkway at Rancho Vista Road) RECOMMENDATION: 10.1 Accept the Public Improvements in Tract No. 21675-F; 10.2 Authorize the initiation of the one-year warranty period, reduction of the Faithful Performance Street, Water, and Sewer security amounts to warranty level, and release of the Subdivision Monument Bond; 10.3 Accept substitute securities for Faithful Performance Warranty and Labor and Materials; 10.4 Direct the City Clerk to so advise the Developer and Sureties. Release Faithful Performance Warranty and Labor and Material Bonds in Tract No. 22962 {Located Southeasterly of Winchester Road and Southwesterly of Nicolas Road) RECOMMENDATION: 11.1 Authorize release of the Faithful Performance Warranty Bond riders and Labor and Material Bonds for Street, Drainage, Water, and Sewer Improvements in Tract No. 22962; 11.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors, the Developer and Surety. Substitute Subdivision Improvement Agreement and Public Improvement Securities in Tract No. 23142 (Located Northeasterly of the intersection of Meadows Parkway at Rancho California Road) RECOMMENDATION: 12.1 Accept the substitute Subdivision Improvement Agreement, and Faithful Performance, Labor, and Materials securities for Street, Drainage, Water and Sewer Improvements, and Subdivision Monumentation in Tract No. 23142; 12.2 Authorize the release of the Faithful Performance and Labor and Materials securities on file; 12.3 Direct the City Clerk to so advise the Developer and Sureties. R:~genda\061397 15 13 14 15 Substitute Subdivision Improvement Agreement and Public Iml~rovement Bonds in Tract No. 2.3992 (Located Southerly of the intersection of Rancho California Road at Ynez Road) RECOMMENDATION: 13.1 Accept the substitute Subdivision Improvement Agreement, and Faithful Performance, Labor, and Material Bonds for Street, Drainage, Water and Sewer System improvements, and Subdivision Monumentation and Traffic Signalization Mitigation Bonds in Tract No. 23992; 13.2 Direct the City Clerk to so advise the Developers and Sureties. Acceptance of the Grant of a Drainage Easement over a Portion of Parcel 1 of Parcel Mal~ No. 22554. abutting Tract No. 20879-F (Located north of Rancho California Road and east of Meadows Parkway) RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 97-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE GRANT OF A STORM DRAINAGE EASEMENT OVER A PORTION OF PARCEL 1 OF PARCEL MAP NO. 22554, ABUTTING TRACT NO. 20879-F Acceptance of Public Streets into the Citv-Maintained Street System (Within Tracts No. 21675-5 and 21675-F (Located Westerly of the intersection of Rancho Vista Road at Meadows Parkway) RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 97-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM, (WITHIN TRACTS NO. 21675-6 AND 21675-F) R:~.gend a~061397 6 16 17 19 Award of Construction Contract for the FY96-97 Street Striping Program, Proiect No. PW97-01 RECOMMENDATION: 16.1 16.2 Award a contract for Project No. PW97-01, FY96-97 Street Striping Program, to Pacific Striping, Inc. for $76,685.00 and authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of $7,668.50, which is equal to 10% of the contract amount. Amendment to the Joint Exercise of Powers Agreement Creating the Riverside County Habitat Conservation Agency RECOMMENDATION: 17.1 Approve an Amendment to the Joint Exercise of Powers Agreement creating the Riverside County Habitat Conservation Agency. Second Reading of Ordinance No, 97-05 RECOMMENDATION: 19.1 Adopt an ordinance entitled: ORDINANCE NO. 97-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(d! OF THE TEMECULA MUNICIPAL CODE REGARDING THE PRIMA FACIE SPEED LIMIT ON (1) YNEZ ROAD BETWEEN RANCHO CALIFORNIA ROAD AND WINCHESTER ROAD, (2) DEL REY ROAD AND VIA NORTE, (3! MORAGA ROAD BETWEEN RANCHO CALIFORNIA AND MARGARITA ROAD, {4) MARGARITA ROAD BETWEEN RANCHO CALIFORNIA ROAD AND STATE ROUTE 79 SOUTH, (5) JEFFERSON AVENUE BETWEEN WINCHESTER ROAD AND NORTH CITY LIMITS R:~a~genda\061397 7 20 Second Reading of Ordinance No, 97-06 21 RECOMMENDATION: 20.1 Adopt an ordinance entitled: ORDINANCE NO. 97-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE AND THE OLD TOWN SPECIFIC PLAN TO MAKE CHANGES TO TABLE 17.08(a! OF THE DEVELOPMENT CODE AND TABLE I OF THE OLD TOWN SPECIFIC PLAN TO ALLOW 'FORTUNE TELLING, OR SIMILAR ACTIVITY' AS PERMITTED USES RATHER THAN CONDITIONALLY PERMITTED USES Second Reading of Ordinance No, 97-07 RECOMMENDATION: 21.1 Adopt an ordinance entitled: ORDINANCE NO. 97-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 9.14 TO THE TEMECULA MUNICIPAL CODE, PROHIBITING THE CONSUMPTION OF ALCOHOLIC BEVERAGES AND POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES, AND SECTION 9.02.010, PROHIBITING ENGAGING IN CERTAIN BODILY FUNCTIONS IN CERTAIN PUBLIC AND PRIVATE PLACES, AND AMENDING SECTION 12.04.210 OF THE TEMECULA MUNICIPAL CODE RELATING TO CONSUMPTION OF ALCOHOLIC BEVERAGES IN CITY PARKS AND FACILITIES Authorize Access to Lot 28 in Tract No, 9833-1 from Margarita Road (Located on the Westerly side of Margarita Road Southerly of Pio Pico Road) Director of Public Works Joseph Kicak presented the staff report. Mayor Pro Tem Roberts stated his opposition based on the driveway location. Mayor Birdsall inquired about moving the driveway further up on the property. R:'~Agenda\051397 8 18 It was moved by Mayor Pro Tern Roberts, and seconded by Councilmember Stone to approve staff's recommendation with the modification to relocate access as far north as possible, adjacent to the channel, and to restrict the northerly landscaping on Margarita Road to a low level or set back from curb face to increase sight distance. RECOMMENDATION: 5.1 Authorize driveway access to Lot 28 in Tract No. 9833-1 from Margarita Road by permitting an exception to the abutters access rights dedicated to and accepted by the Riverside County Board of Supervisors' approval of the final Tract Map; 5.2 Authorize the City Engineer to approve the specific location, subject to the preparation of an agreement wherein the applicants shall quitclaim their rights to access from Pio Pico Road. Agreement shall be satisfactory to the City Engineer and City Attorney prior to recordation of the agreement. The motion was unanimously carried. Official Pageant Recognition Assistant City Manager Mary Jane McLarney presented the staff report and introduced Alice Sullivan, Director of the Chamber of Commerce. Ms. Sullivan reported on activities in which the representatives participate. Councilmember Lindemans inquired into any liability issues. City Attorney Thorson stated their activities as representatives will be handled in the same manner as other Parks and Recreation projects. It was moved by Councilmember Stone, and seconded by Mayor Pro Tem Roberts to approve staff's recommendation. 18.1 Recognize the Temecula Valley Pageant Title Holders as Official Representatives of the City of Temecula. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Ford, Stone, Roberts, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: I COUNCILMEMBERS: Lindemans R:'J~gende\061397 9 JOINT MEETING OF THE CITY COUNCIL, TEMECULA REDEVELOPMENT AGENCY, OLD TOWN COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY AND THE OlD TOWN WESTSIDE IMPROVEMENT AUTHORITY Chairperson Steven J. Ford called the Temecula Redevelopment Agency to order; Chairperson Karel F, Lindemans called the Old Town Community Facilities District Financing Authority and the Old Town Westside Improvement Authority to order at 7:47 PM, Agency Member Stone stepped down due to conflict of interest. PUBLIC HEARING AB 1290 Redevelopment Implementation Plan Status Report Senior Planner John Meyer presented the staff report. Streetscape Improvements Maintenance Costs Director Birdsall asked about the location of the wooden sidewalks and if the $100,000 annual cost included maintenance of the restrooms and trash. Mr. Meyer replied the wooden sidewalks will run along Front Street from 6th Street to Santiago Road and the cost for maintenance is included. Director Birdsall suggested the City allocate the funds from the City's budget for the first year. It was moved by Councilmember Birdsall, seconded by Director Roberts to include, upon project completion, the streetscape improvements maintenance costs in the City's budget as a line item, to be reviewed on an annual basis. The motion carried as follows: AYES: 4 DIRECTORS: Birdsall, Lindemans, Roberts, Ford NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None ABSTAIN: I DIRECTORS:' Stone Facade Improvement Program Director Birdsall clarified this program is exempt from prevailing wages. R:~enda\061397 10 It was moved by Director Lindemans, and seconded by Director Birdsall to approve staff recommendation as follows: RECOMMENDATION: 1.1 Add a $10,000 Assistance Package, from now through June 31, 1998. The terms of the package would be a $5,000 grant with a $5,000 loan forgiven at the end of five years. Staff recommends that applicants be encouraged to use the loan, rebate, and assistance programs concurrently. Staff also recommends that the terms of the rebate program be modified to allow direct payment to the contractor similar to our Residential Rehab Programs. The motion carried as follows: AYES: 4 DIRECTORS: NOES: 0 DIRECTORS: ABSTAIN: 1 DIRECTORS: Streetscape Construction Mitigation Program Ford, Lindemans, Roberts, Birdsall None Stone It was moved by Director Lindemans, and seconded by Director Birdsall to approve staff recommendation as follows: RECOMMENDATION: 1.1 Direct staff to develop a mitigation program which will assist the Old Town Merchants to mitigate some of the temporary adverse impacts that are expected to be experienced during the construction period. The motion was carried with Director Stone abstaining. Redevelopment Small Business Commercial Rehabilitation Loan Program It was moved by Director Lindemans, seconded by Director Birdsall to approve staff recommendation to eliminate this program. The motion carried as follows: AYES: 4 AGENCY MEMBERS: Ford, Lindemans, Roberts, Birdsall NOES: 0 AGENCY MEMBERS: None ABSTAIN: I AGENCY MEMBERS: Stone R:~Agenda\061397 11 AGENCY/AUTHORITY BUSINESS Old Town Temecula Entertainment Project, Termination of Owner Particil;)ation Agreement, Fluor Daniel Construction Management Agreement, and Old TownANestside Community Facilities District No. 1 It was moved by Director Lindemans, and seconded by Director Birdsall to approve staff recommendation 2.1. 2.1 That the Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 97-01 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA TERMINATING THAT CERTAIN 'OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND T.Z.B.G., INC., A CALIFORNIA CORPORATION,' DATED AUGUST 31, 1995, AS AMENDED MARCH 25, 1996 The motion carried as follows: AYES: 4 AGENCY MEMBERS: Ford, Lindemans, Roberts, Birdsall NOES: 0 AGENCY MEMBERS: None ABSTAIN: 1 AGENCY MEMBERS: Stone It was moved by Director Lindemans, and seconded by Director Birdsall to approve staff recommendation 2.2. 2.2 That the Old Town Westside Community Facilities District Financing Authority adopt a resolution entitled: RESOLUTION NO. FA 97-01 A RESOLUTION OF THE OLD TOWN/WESTSlDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY TERMINATING THAT CERTAIN 'CONSTRUCTION MANAGEMENT AND SUPERVISION AGREEMENT,' DATED NOVEMBER 26, 1996 The motion carried as follows: AYES: 4 AGENCY MEMBERS: NOES: 0 AGENCY MEMBERS: Ford, Lindemans, Roberts, Birdsall None R:~43er~a\061397 12 ABSTAIN: 1 AGENCY MEMBERS: Stone It was moved by Director Lindemans, and seconded by Director Birdsall to approve staff recommendation 2.3. 2.3 That the Old Town Westside Community Facilities District Financing Authority read by title only and introduce an ordinance entitled: ORDINANCE NO. FA 97-01 AN ORDINANCE OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY DISSOLVING THE OLD TOWN/WESTSlDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. I (OLD TOWN AREA PUBLIC IMPROVEMENTS) The motion carried as follows: AYES: 4 AGENCY MEMBERS: Ford, Lindemans, Roberts, Birdsall NOES: 0 AGENCY MEMBERS: None ABSTAIN: I AGENCY MEMBERS: Stone Chairperson Ford recessed the Joint Meeting of the City Council, Temecula Redevelopment, Old Town/Westside Community facilities District Financing Authority and the Old Town/Westside Improvement Authority meeting. Mayor Birdsall called a recess at 8:19 PM and reconvened the meeting at 8:33 PM. Mayor Birdsall called a recess at 8:33 PM to accommodate the scheduled Community Services District, Temecula Redevelopment Agency, Old Town Westside Community Facilities District Financing Authority, and Old Town Westside Improvement Authority meetings. The meeting was reconvened at 8:52 PM. COUNCIL BUSINESS 22 TCI Cable Presentation Kathy Olett, local manager of TCI Cable, provided an update of TCI operations, future plans, and a rate increase effective June 1, 1997. She introduced Teri Scott, Director of Governmental Affairs, and Stacy Kelly, Director of Regulatory Affairs. Ms. Scott reported programming and service decisions will now be made at the local level. Commissioner Ford asked how local channels and different programming could be added. Ms. Olett stated existing contracts with affiliates, band width capacities, and survey data determine programming. R:~Agenda\061397 13 23 24 25 Mayor Pro Tern Roberts stated he has noticed improvement and commented his concern is receiving at least one San Diego station. Barbara Nolan, 27430 Senna Court, expressed her displeasure with TCI's service and programming selections and asked the Council to consider alternatives to TCI. Mayor Birdsall received and filed the report. Prima Facie Speed Limits on Certain Streets - Mira Loma Drive North of Rancho Vista Road, Cabrillo Avenue between Jedediah Smith Road and Vallejo Avenue Director of Public Works Joseph Kicak presented the staff report. It was moved by Councilmember Lindemans, and seconded by Councilmember Stone to approve staff recommendation as follows: 23.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 97-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(d! OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FAClE SPEED LIMIT ON (1) MIRA LOMA DRIVE NORTH OF RANCHO VISTA ROAD (2) CABRILLO AVENUE BETWEEN JEDEDIAH SMITH ROAD AND VALLEJO AVENUE The motion was unanimously carried. Proposed Reorganization of RCTC Mayor Pro Tern Roberts presented the staff report. It was moved by Mayor Pro Tern Roberts, seconded by Councilmember Stone to approve staff recommendation as follows: 24.1 Adopt a resolution entitled: RESOLUTION NO. 97-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ENDORSING THE REORGANIZATION OF THE MEMBERSHIP OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION The motion was unanimously carried. Development Impact Fees City Manager Ronald Bradley presented the staff report. R:~a~genda\061397 14 Mayor Birdsall announced she had reviewed the video tapes and listened to the audio tapes of the May 8, 1997 workshop. Mayor Birdsall opened the public hearing at 9:30 PM. Kenneth Ray, 31647 Pio Pico Road, asked the Council to reconsider and approve staff's recommended DIF fees. Cecelia Axton, 30169 Sierra Madre Drive, spoke in favor of staff's recommended fees. Monte McLain, 36147 Vence Drive, Murrieta, opposed reducing development impact fees below staff's recommendation. Gordon Greer, 45077 Putting Green Court, spoke in favor of staff's recommended fee structure. George Buhler, 40265 Paseo Sereno, asked the Council to follow staff's recommended fees. Sam Pratt, 40470 Brixton Cove, expressed his support of staff's recommendation regarding impact fees. David Michael, 30300 Churchill Court, stated developers must pay for the infrastructure costs required by their businesses. AI Theurich, 30533 Bridgeview Circle, stated the creation of jobs will increase traffic problems, if proper mitigation does not take place. Bob Johnston, 29760 Valle Verde, requested Council reconsider their decision to reduce DIF fees. Gartwood Lacour, 40680 Calle Madero, stated his opposition to lowering staff's recommended DIF fees. Bill Dendy, 41975 Winchester Road, representing Westside Business Center, stated his support of the Council's fee structure approved at the May 8, 1997 meeting. Lon Brusegard, 42075 Avenida Alvarado, representing Southwest Riverside County Manufacturer's Council, stated jobs are not antiproductive because even though the employees may live outside the area, they use various local businesses. He expressed the real need is for a north/south corridor - i.e., Diaz Road expansion. Michael Naggar, 43034 Agena Street, stated his opposition to lowering DIF fees. It was moved by Mayor Pro Tem Roberts, and seconded by Councilmember Stone to extend the meeting for one hour. Mayor Birdsall closed the public hearing at 10:19 PM. R:~a~genda\061397 16 Mayor Birdsall called a recess at 10:19 PM and reconvened the meeting at 10:19 PM. Councilmember Stone expressed his concern over too many projects and not enough revenue and believes the fees are too low as the Council has the developmental fee reduction capability to create incentives to bring jobs, which also bring property and sale tax revenue, into this community. Mayor Pro Tern Roberts displayed SCAG projections showing projected Temecula population increasing by 18% by 202.0, and employment, 12% while Orange County employment increases substantially. He mentioned a Vehicle Tax is being considered because of gas tax loss which will effect the 62.8% of people living in Temecula who commute. It was moved by Councilmember Stone, and seconded by Councilmember Ford, to extend the meeting to 11:30 PM. The motion was carried with Councilmember Lindemans voting no. It was moved by Councilmember Lindemans, and seconded by Mayor Pro Tem Roberts to approve staff's recommendation of the proposed fee to be phased in over a seven (7) year period; the fee will be adjust ed July 1 of each year after staff has provided an analysis of development which has occurred and the amount of fees collected to determine appropriate fees for the next fiscal year. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Ford, Lindemans, Roberts, Birdsall NOES: 1 COUNCILMEMBERS: Stone ABSTAIN: 0 COUNCILMEMBERS: None It was moved by Councilmember Lindemans, and seconded by Councilmember Ford to include the sphere of influence and the residential fee will be adopted at 100% of the maximum fee recommended by the study. The motion carried as follows: AYES: 5 NOES: ABSTAIN: COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall None None R:',A0end a\061397 16 25.1 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 97-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 1,5 OF THE TEMECULA MUNICIPAL CODE BY ADDING A NEW CHAPTER ENTITLED 'PUBLIC FACILITIES DEVELOPMENT IMPACT FEE" 25.2 Adopt a resolution entitled: RESOLUTION NO. 97-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AND IMPOSING A PUBLIC FACILITIES DEVELOPMENT IMPACT FEE The motion carried as follows: COUNCILMEMBERS: I COUNCILMEMBERS: 0 COUNCILMEMBERS: AYES: 4 NOES: ABSTAIN: Ford, Lindemans, Roberts, Birdsall Stone None Mr. Bradley stated with the adoption of the residential fees, it is still intended to give up to 50% credit for development of private parks. Mayor Pro Tern Roberts asked if staff has a recommended definition for a qualified non- profit organization. Mr. Bradley replied that issue is taking time to research and will be brought back at a later date. Assistant City Attorney Reuben Weiner stated if a non profit organization constructed a non-residential building they would not pay fee until the property is transferred to a for-profit organization. Mayor Birdsall questioned how the 70 plus people who have paid $10,000 will be handled. Mr. Bradley responded staff will come back to the Council with a recommendation. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT None given. R:~Agenda\061397 17 ADJOURNMENT It was moved by Councilmember Stone, seconded by Councilmember Ford to adjourn at 11:16 PM to a meeting on May 27, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California and a CIP Workshop will be held June 3, 1997, 6:30 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried. Patricia H. Birdsall, Mayor ATTEST: JbQp,,,~:~'Greek, CMC, City Clerk R:~Agenda\051397 18