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HomeMy WebLinkAbout121995 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD DECEMBER 19, 1995 A regular meeting of the Temecula City Council was called to order at 7:04 PM at the Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor Jeffrey E. Stone presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Lindemans, Parks, Roberts, Stone ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. EXECUTIVE SESSION A meeting of the City of Temecula City Council was called to order at 6:36 PM. It was moved by Councilmember Parks, seconded by Councilmember Roberts to adjourn to Executive Session pursuant to Government Code Section 54957.8- Conference with Real Property Negotiator, Property: Approximately 3.4 acres adjacent to the Rancho Elementary School on La Serena Way, Negotiating Parties - Kemper Real Estate Development Corp. and City of Temecula; Under negotiation - terms of acceptance of offer to donate. The motion was unanimously carried. INVOCATION The invocation was given by Father Edward Renner, St. Thomas Episcopal Church. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Parks. City Attorney Thorson announced under the provisions of the Brown Act, there is nothing to report regarding the closed session. PRESENTATIONS/ PROCLAMATIONS Ray Johnson and Herb Wilson, representing Union for River Greenbelt Environment (URGE), made a presentation of California Department of Water Resources Grant Funds for Rancho California Sports Park Creek Restoration Program Jim and Jeannie Miley made a presentation on behalf of the Boys and Girls Club to the City of Temecula. Minutes\l 2\19\95 - 1 - 01/10/96 City Council Minutes December 19, 1995 Mayor Stone proclaimed December 25, 1995, as "Holiday Dining with the Town Association Day". Bill Harker thanked the City Council for the proclamation and invited the community to attend. The following made presentations in honor of Councilmember Ronald J. Parks. Fred Weishaupl on behalf of Senator Packard A.J. Wilson and Ron Roberts, on behalf of W.R.C.O.G. Chief Jim Barron, representing the Temecula Fire Department Chief Pete LaBahn, representing the Temecula Police Department Assistant Sheriff Bob Doyle, representing the Riverside County Sheriff's Department Joan Sparkman, representing Congressman Calvert Dennis Frank and Joan Sparkman, representing the Economic Development Corporation Linda Mickelson, representing the Temecula Town Association Jane Vernon, representing Supervisor Bob Buster Dr. Alan Winklestein, representing the Boys and Girls Club RECESS Mayor Stone recessed to a reception in honor of City Councilmember Parks at 8:00 PM. The meeting was reconvened at 8:30 PM. PUBLIC COMMENTS Stacy Sievek addressed the City Council regarding the Film Council and requested a full time position be created to handle those needs. Mark Evans, 32278 Cour Pomeroi, spoke on behalf of Jo Molton and the Film Council, requesting funding be provided and requested this item be placed on an agenda for discussion. William Harker, 31130-85 S. General Kearny, spoke in support of the Film Council and the need for additional funding. Eve Craig, 43633 Buckeye Road, spoke in support of funding for the Film Council. Roger Hageman, Creative Arts Bldg., spoke in support of funding for the Film Council and the use of Joe Molton as its facilitator. Sunny Poulson Thomas, 42100 Parado del Sol, spoke in support of funding for the Film Council and Jo Molton. Tony Maietta, 29747 Calle Palmas, spoke in support of the Film Council. Margaret Allen, 33730 Tamerron Way, Lake Elsinore, spoke in support of additional funding for the Film Council. Minutes\ 12\19\95 -2- 01/10/96 City Council Minutes December 19, 1995 Felicia Hogan, 45465 Camino Monzon, spoke in support of additional funding for the Film Council. CITY COUNCIL REPORTS Councilmember Roberts expressed concern over the recent vandalism to the first place winner of the holiday lights display. He suggested the Council post a reward of $500 for information leading to the arrest and conviction of those responsible. Mayor Pro Tern Lindemans stated he agrees this problem needs to be addressed and suggested the reward be $1,000. City Attorney Thorson explained that if the Council desired to place this on the agenda for action, a finding of subsequent need must be made and a two-thirds vote of the Council taken. It was moved by Councilmember Roberts, seconded by Mayor Pro Tern Lindemans to place this matter on the agenda, based on subsequent need since this matter occurred after the posting of the agenda. The motion was unanimously carried. Councilmember Birdsall invited the public to attend the free Christmas Dinner provided by the Town Association and said a Santa Claus will be there for the children. She asked that anyone needing a ride contact the Town Association at 676-4718. Mayor Stone stated he added the Riverside Habitat Agency meeting and action regarding the dissolution of the agency was continued to the January 9, 1996 agenda. CONSENT CALENDAR Councilmember Birdsall asked if maintenance costs on the new copier would increase after the first year. RECESS Mayor Stone called a brief recess at 8:30 PM to change the tape. The meeting was reconvened at 8:31 PM. Senior Management Analyst Allie Kuhns answered that the lease agreement included all maintenance for the new copier as well as the color copier which was included at no cost. Minutes\ 12\19\95 -3- 01/10/96 City Council Minutes December 19, 1995 It was moved by Councilmember Parks, seconded by Councilmember Roberts to approve Consent Calendar Items 1-15. The motion was unanimously carried. Standard Ordinance Adoption Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes 2.1 Approve the minutes of November 28, 1995. Resolution Approving List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 95-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Release of Monument Bonds in Tracts 20130-1,20130-2,20130-3,20130-4,20130- 5, 21340-5, 21340-6, 21340-7, and 21340-F (Westerly of Winchester Road, Northeasterly of Margarita Road) 4.1 Recommend the release of Subdivision Monumentation Bonds in Tracts No. 20130-1,20130-2,20130-3,20130-4,20130-5, 21 340-5, 21340-6, 21340- 7, and 21340-F; 4.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors, the Developer and Surety. Partial Reduction in Faithful Performance Bond Amount in Tract No. 21067 (Northerly of intersection of Pala Road at Loma Linda Road) 5.1 Authorize a 50% reduction in the Faithful Performance bond amount in Tract No. 21067; 5.2 Direct the City Clerk to so advise the Developer and Surety. Parcel Map 27714 (Located east of Ynez Road, between Solana Way and Rancho California Road) 6.1 Approve Final Parcel Map 27714subject to the Conditions of Approval. Minutes\ 12\19\95 -4- 01/10/96 City Council Minutes December 19. 1995 o Summary Vacation of the Existin(~ Restricted Access Alon(~ the Southerly Side of Solana Way Between Rvcrest Street and Skywood Drive on Parcels 1 and 2 of Parcel MaD No. 13271 7.1 Adopt a resolution entitled: RESOLUTION NO. 95-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUMMARILY VACATING AN EXISTING RESTRICTED ACCESS ALONG THE SOUTHERLY SIDE OF SOLANA WAY BETWEEN RYCREST STREET AND SKYWOOD DRIVE ON PARCELS 1 AND 2 OF PARCEL MAP 13271 Solicitation of Construction Bids for the Barrier Rail on Front Street at Empire Creek, Project PW95-17 8.1 Approve the plans and specifications and authorize the Department of Public Works to solicit public construction bids for the Barrier Rail on Front Street at Empire Creek, Project No. PW95-17 once we receive approval from Caltrans. 10. Solicitation of Construction Bids and Approval of the Plans and Specifications for the Interim Traffic Signal Installation at the Intersection of Pala Road and SR-79(S) (Project No PW95-14) 9.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit public construction bids for project No. PW95-14, Interim Traffic Signal installation at the intersection of Pala Road and SR-79(S) upon receiving Caltrans approval. Award of Contract for the Construction of Winchester Road at Interstate Route 15, Bridqe Widenin(~ and Northbound Ramp Improvements, Proiect No. PW94-21 10.1 Award a contract for construction of Winchester Road at Interstate Route 15, Bridge Widening and Northbound Ramps improvements, Project No. PW94-21, to Riverside Construction Company for the base bid of $2,871,542.15 and authorize the Mayor to execute the contract. 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $287,154.22which is equal to 10% of the contract amount. Minutes\l 2\19\95 -5- 01/10/96 City Council Minutes December 19, 1995 11. Award of Professional Services Contract to Albert Grover and Associates for the Design and Implementation of an Area Wide Intelligent Traffic Management SYstem, Proiect No. PW95-16 11.1 Approve and authorize the Mayor to sign the Professional Services Agreement between the City of Temecula and Albert Grover and Associates (AGA) to provide Professional Engineering Services for the design and implementation of an area wide Intelligent Traffic Management System (ITMS), Project No.; PW95- 16 for an amount not to exceed $171,000. 12. Out-of-State Travel 12.1 Authorize certain out-of-state travel plans. 13. Temeku Project Tract 23371 Release of Performance and Subdivision Bonds Conditional Upon Issuance of Order of Bankruptcy Court Re(~uirinQ Purchaser, as a condition of Bankruptcy Court Sale, to Submit New Securities for the Tract 13.1 Authorize and direct the City Clerk to release the subdivision and performance bonds for Tract 23371 upon receipt of: A certified copy of the order of Bankruptcy Court in Bankruptcy Case No. SB 94 26832-MGll requiring the purchaser of the Tract, as a condition of the sale of the Tract, to provide adequate security for the construction of those infrastructure improvements on the Tract which the City deems necessary as a result of the Purchaser's proposed use of the property, and providing for the continuing jurisdiction of the Bankruptcy Court to enforce the terms of the Order. Approval of the release of the specified bonds by the Director of Public Works and the City Attorney. 14. Final Parcel Map 27232 (Located north of Rancho California Road and west of Lyndie Lane) 14.1 Approve Final Parcel Map 27232 subject to the Conditions of Approval. Minutes\l 2\19\95 -6- O1/10/96 City Council Minutes December 19, 1995 15. Lease Agreement for XEROX 5100A Copier 15.1 Approve a five year lease and maintenance agreement for a high volume Xerox 5100A copier at a cost of $3,469.14 per month to replace the current lease of a model 5100 copier. SUBSEQUENT NEED ADDITION TO THE AGENDA 15.a. Resolution Offerin(~ a Reward for Information Leading to Arrest and Conviction of Person or Persons Responsible for Vandalism to Holiday Light Display Winner City Attorney Thorson recommended taking this action by resolution and provided the necessary language. It was moved by moved by Councilmember Roberts, seconded by Mayor Pro Tem Lindemarts to approved staff recommendation as follows: 15a.1 Adopt a resolution entitled: RESOLUTION NO. 95-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OFFERING A REWARD OF $1,000 FOR INFORMATION LEADING TO THE ARREST AND CONVICTION OF PERSON OR PERSONS RESPONSIBLE FOR VANDALISM TO HOLIDAY DECORATIONS LOCATED AT 40252 HOLDEN CIRCLE, TEMECULA ON DECEMBER 16, 1995 The motion was unanimously carried. RECESS Mayor Stone called a recess at 8:35 PM. The meeting was reconvened following the Community Services District Meeting, the Redevelopment Agency Meeting the Old Town/Westside Community Facilities District Meeting and the Old Town/Westside Improvement Authority Meeting. The meeting was reconvened at 8:53 PM. Minutes\ 12\19\95 -7- 01/10/96 City Council Minutes December 19, 1995 JOINT CITY COUNCIL/REDEVELOPMENT AGENCY MEETING Mayor Stone convened a joint City Council/Redevelopment Agency Meeting at 8:48 PM. 3. Professional Hospital Supply Owner Participation Agreement Assistant City Manager Mary Jane McLarney presented the staff report. Mayor Stone opened the public hearing at 8:50 PM. Hearing no requests to speak, Mayor Stone closed the public hearing at 8:50 PM. It was moved by Councilmember Parks, seconded by Councilmember Roberts to approve staff recommendation 3.2 as follows: 3.2 Adopt a resolution entitled: RESOLUTION NO. 95-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND PROFESSIONAL HOSPITAL SUPPLY COMPANY, A CALIFORNIA CORPORATION" DATED AS OF NOVEMBER 28, 1995 The motion was unanimously carried. It was moved by Agency Member Parks, seconded by Agency Member Roberts to approve staff recommendation 3.3 as follows: 3.3 Adopt a resolution entitled: RESOLUTION NO. RDA 95-08 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND PROFESSIONAL HOSPITAL SUPPLY COMPANY, A CALIFORNIA CORPORATION" DATED AS OF NOVEMBER 28, 1995 The motion was unanimously carried. Mayor Stone recessed the City Council Meeting at 8:52 PM. The meeting was reconvened at 9:00 PM. Minutes\l 2\19\95 -8- 01/10/96 Citv Council Minutes December 19, 1995 PUBLIC HEARINGS 16. Draft Development Code Senior Planner John Meyer presented the staff report. He stated that staff and the Planning Commission believes that by requiring alcohol sales to go through the Conditional Use Permit Process, there is adequate control at the City level to look on a case by case, site-specific look at these uses. He stated staff in not recommending a change to the zoning code at this time. Mr. Meyer stated if it is the Council's desire to eliminate alcohol sales at the corner of Pauba Road and Margarita, staff makes the following recommendations: 1) Eliminate alcohol sales from the Neighborhood Commercial zoning district. He reminded Council that this would affect all the Neighborhood Commercial zoning City-wide. 2) Direct staff to review the underlying zoning for the corner of Margarita and Pauba Road and perhaps remove the Neighborhood Commercial District. If the second alternative is the direction of the Council, then this would be placed on the agenda at a later time. Councilmember Parks suggested agendizing the zoning on Margarita and Pauba. Mayor Stone opened the public hearing at 9:10 PM. Pat Phillips, 43150 Corte Almonte, spoke in opposition to the Neighborhood Commercial designation at the corner of Margarita and Pauba. Art Pelka, 43185 Margarita Road, spoke requesting no alcohol be allowed in any Neighborhood Commercial zone. Kathleen Dean, 30909 Corte Arroyo Vista, expressed concern regarding alcohol and the Neighborhood Commercial Zoning. Egler Miles, 31300 Cala Carrasco, requested that no sale of alcohol be permitted at Margarita and Pauba. Robert Klotz, 600Anton, Costa Mesa, addressed the City Council on procedural issues. He raised a question whether it is desirable to have an additional step regarding single family subdivisions, stating it is a policy issue for the Council. He stated under the existing regulations, developers are not subject to a separate design review process. He also raised concerns regarding modification of Conditional Use Permits process. RECESS Mayor Stone called a brief recess at 9:28 PM to change the tape. The meeting was reconvened at 9:30 PM. Mayor Stone closed the public hearing at 9:30 PM. Minutes\l 2\19\95 -9- 01/10/96 City Council Minutes December 19, 1995 Mayor Stone proposed changes and received Council consensus on the following changes in use regulations. 1) 2) 3) 4) Alcoholism and Drug Treatment Centers should be allowed in Office Professional Useage. Catering services should be allowed in Neighborhood Commercial. Computer sales and service should be allowed in Neighborhood Commercial. Tobacco shop in neighborhood commercial should require a CUP because of health reasons. Councilmember Roberts asked that the zoning at Margarita and Pauba be placed on a future agenda. Council consensus was received. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindemans to approve staff recommendation 16.2 and 16.3 including Council changes to use revaluations and revisiting the zoning at Margarita and Pauba. 16.2 Adopt a Negative Declaration; 16.2 Adopt a resolution entitled: RESOLUTION NO. 95- 111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE CERTAIN GENERAL PLAN AMENDMENTS TO THE CITY OF TEMECULA'S GENERAL PLAN The motion was unanimously carried. It was moved by Councilmember Parks, seconded by Mayor Pro Tern Lindemans to approve staff recommendation 16.4 as follows: 16.4 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 95- 16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE DEVELOPMENT CODE AND CONSISTENCY ZONING MAP, AND AMENDING THE ZONING MAP OF THE CITY TO BE CONSISTENT WITH THE GENERAL PLAN The motion was unanimously carried. Minutes\l 2\19\95 -10- 01/10/96 Citv Council Minutes December 19, 1995 17. Adoption of the 1994 Editions of Various Model Buildin(~ Codes Chief Building Official Tony Elmo presented the staff report. Mayor Stone reopened the continued public hearing at 9:50 PM. Hearing no requests to speak, Mayor Stone closed the public hearing at 9:51 PM. It was moved by Mayor Pro Tem Lindemarts, seconded by Councilmember Parks to approve staff recommendation 17.2 as follows: 17.2 Adopt a resolution entitled: RESOLUTION NO. 95- 112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT MODIFICATIONS TO CHAPTER 15.04 OF THE TEMECULA MUNICIPAL CODE, AMENDING THE UNIFORM BUILDING CODE, 1994 EDITION, THE UNIFORM PLUMBING CODE, 1994 EDITION AND THE NATIONAL ELECTRICAL CODE, 1993 EDITION ARE REASONABLE AND NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE The motion was unanimously carried. It was moved by Councilmember Parks, seconded by Councilmember Roberts to approve staff recommendation 1 7.3 as follows: 17.3 Adopt an ordinance entitled: ORDINANCE NO. 95- 14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADDING CHAPTER 15.02TO THE TEMECULA MUNICIPAL CODE PROVIDING FOR FEES AND ENFORCEMENT OF BUILDING REGULATIONS;AND AMENDING CHAPTERS 15.04 AND 15.08 OF THIS MUNICIPAL CODE TO ADOPT BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 1994 EDITION OF THE UNIFORM BUILDING CODE; THE 1994 EDITION OF THE UNIFORM MECHANICAL CODE; THE 1994 EDITION OF THE UNIFORM PLUMBING CODE; THE 1994 EDITION OF THE UNIFORM ADMINISTRATIVE CODE; THE 1994 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; THE 1994 EDITION OF THE UNIFORM HOUSING CODE; THE 1994 EDITION OF THE UNIFORM SWIMMING POOLS, SPAS AND HOT TUB CODE; AND THE 1993 EDITION OF THE NATIONAL ELECTRICAL CODE The motion was unanimously carried. Minutes\l 2\19\95 -11- 01/10/96 City Council Minutes December 19, 1995 18. Adoption of the 1994 Edition of the Uniform Fire Code Chief Building Official Tony Elmo presented the staff report. Mayor Stone re-opened the continued public hearing at 9:52 PM. Hearing no requests to speak, Mayor Stone closed the public hearing at 9:52 PM. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindemans to approve staff recommendation 18.2 and 18,3 as follows: 18.2 Adopt a resolution entitled: RESOLUTION NO. 95- 113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT MODIFICATIONS TO CHAPTER 15.16 OF THE TEMECULA MUNICIPAL, AMENDING THE UNIFORM FIRE CODE, 1994 EDITION, ARE REASONABLE AND NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE 18.3 Adopt an ordinance entitled: ORDINANCE NO. 95- 15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING CHAPTER 15.16 OF THE TEMECULA MUNICIPAL CODE BY ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 1994 EDITION AND THE UNIFORM FIRE CODE STANDARDS, 1994 EDITION The motion was unanimously carried. Mayor Stone announced he would abstain on Item No. 19 and turned the meeting over to Mayor Pro Tern Lindemans. 19. Amendment No. 1 to the Old Town Specific Plan Mayor Pro Tem Lindemarts opened the public hearing at 9:58 PM. It was moved by Councilmember Birdsall, seconded by Councilmember Parks to continue the item to the meeting of January 9, 1996. The motion was unanimously carried with Mayor Stone abstaining. Mayor Pro Tem Lindemans returned the meeting to Mayor Stone. Minutes\ 12\ 19\95 - 12- 01 / 10/96 City Council Minutes December 19, 1995 COUNCIL BUSINESS 20. 21. Memorandum of Understandina Concerning Specific Plan No. 199, Taylor Woodrow Homes California LTD Community Development Director Gary Thornhill presented the staff report. Sanford Edward, 110 Newport Center Drive, stated he is here to answer any questions the Council may have. It was moved by Mayor Pro Tern Lindemans, seconded by Councilmember Parks to approve staff recommendation as follows: 20.1 Approve the Memorandum of Understanding concerning Specific Plan No. 199 for Taylor Woodrow Homes California LTD authorizing the payment of development fees at a specified level and directing the Mayor to execute the Agreement on behalf of the City and the City Clerk to attest thereto. The motion was unanimously carried. Solid Waste Update Development Services Administrator Phyllis Ruse presented the staff report. It was moved by Councilmember Roberts, seconded by Councilmember Birdsall to approve staff recommendation as follows: 21.1 Direct staff to forward the Council's recommendations relative to the establishment of reduced tipping fees and development of waste transfer station policies to the Riverside County Board of Supervisors for their consideration. The motion was unanimously carried. 22. Consideration of a Joint Committee to Facilitate the Extension of Diaz Road Public Works Director Joe Kicak presented the staff report. Minutes\l 2\19\95 -13- O1/10/96 City Council Minutes December 19, 1995 23. It was moved by Councilmember Roberts, seconded by Councilmember Parks to approve staff recommendation 22.1 and 22.2, appointing Councilmember Roberts and Mayor Pro 'rem Lindemans, Commissioner Steve Ford and Commissioner Ron Guerriero to serve on Ad-Hoc Committee. 22.1 Appoint an ad-hoc committee of two members of the City Council, one member of the Planning Commission, and one member of Public/Traffic Safety Commission, to meet with Murrieta Ad-Hoc committee to discuss Diaz Road extension to connect Murrieta and Temecula. 22.2 Authorize staff to expend funds for preliminary design, estimated not to exceed $15,000.00. The motion was unanimously carried. Consideration to Offer to Donate Park Site Director of Community Services Shawn Nelson presented the staff report and recommended another condition be added to authorize the City Manager to execute any necessary documents related to property transfer. It was moved by Councilmember Parks, seconded by Mayor Pro Tern Lindemarts to approve staff recommendation with inclusion of Condition No. 5 as follows: 23.1 Accept an offer made by Kemper Real Estate Development Corporation to donate a Park Site located adjacent to the Rancho Elementary School on La Serena Way contingent upon the following requirements: Approving the preliminary title report with no exceptions that preclude the city from developing this site as a park. Complete a Phase I Environmental Assessment which states that the likelihood of hazardous waste or petroleum product contamination existing on or migrating into the subject site is low. 3. Obtain a policy of title insurance on the property. Receive a disclosure letter from KRDC Inc. stating that no prior liability claims have been submitted on the property. Authorize the City Manager to execute any necessary documents related to property transfer. The motion was unanimously carried. Minutes\l 2\19\95 -14- 01/10/96 City Council Minutes December 19, 1995 CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT None given. ADJOURNMENT It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Parks to adjourn at 10:15 PM to a meeting on January 9, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried. ATTEST: J~eek, City'Cler~~ ne, Mayor Minutes\l 2\19\95 -15- O1/10/96