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HomeMy WebLinkAbout042396 CC Minutes MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD APRIL 23, 1996 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 Karel F.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. INVOCATION The invocation was given by Reverend Steven Leinhos, New Community Lutheran Church. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Mayor Pro Tem Birdsall. PRESENTATIONS/ PROCLAMATIONS Mayor Lindemans presented Certificates of Appreciation to the Arts Council of the Temecula Valley, the Rancho Temecula Area Woman's Club and the Temecula Sunrise Rotary Club for their generous donation of a piano keyboard instrument to be used at the Community Recreation Center. Dr. Jerry Novotney accepted for the Arts Council, Barbara Affolter accepted for the Woman's Club and Joan Sparkman accepted for the Rotary Club. Mayor Lindemans proclaimed the month of May to be 'National Nurses Month.' Kim Moreno Branch Manager of the Ramon Visiting Nurses Association thanked the Council for the proclamation. Mayor Lindemans made a presented a Certificate of Appreciation for Mayor Bas Eenhoorn of Voorburg, Holland to Ad Creemers who accepted on behalf of Mayor Eenhoorn. At the request of Councilmember Stone, a presentation was made by Citizens for a Safer Temecula on upcoming seminars they are planning for the community. Ruth Davada, representing the group, invited the public to attend meetings on May 7, 1996 and May 9, 1996 in the Community Center located at 28816 Pujol Street. She stated this group will focus on modifying child molestation laws and focusing on protection of children. Minutes\042396 1 05/15/96 City Council Minutes Ar)ril 23, 1996 PUBLIC COMMENTS Teresa Kolbas and Melody Brunsting, representing the Temecula Balloon and Wine Festival, thanked the City Council for their support and presented them with a package of souvenirs. ITEM ADDED ON THE BASIS OF St)RSPnt)FNT NEED Councilmember Ford requested that the RCHCA Implementation Agreement of the Riverside County Habitat Conservation Plan be added to the agenda based on subsequent need in that the need for a commitment from the City of Temecula arose after the printing and posting of the agenda. It was moved by Councilmember Stone, seconded by Councilmember Roberts to place this item on the agenda. The motion was unanimously carried. l.a.RCHCA Implementation Aareement of Riverside County Conservation Plan It was moved by Councilmember Stone, seconded by Councilmember Birdsall to approve direction to authorize Councilmember Steve Ford to act on behalf of City Council as in his judgement is most appropriate. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Ford, Stone, Lindemans NOES: 1 COUNCILMEMBERS: Roberts ABSENT: 0 COUNCILMEMBERS: None CITY COUNCIL REPORTS Councilmember Ford requested the City Council recognize Water Awareness Month in connection with Rancho California Water District and Eastern Municipal Water District. He also reported that on June 1, 1996, a group called "Stand for Children' will hold a rally at the Lincoln Memorial. Councilmember Roberts suggested that members of the community take Winchester Road and go the back way to Lake Skinner for the Balloon and Wine Festival to avoid congestion. Councilmember Stone requested that he be allowed to use no more than 10 hours of City Attorney time regarding laws that protect criminals instead of protect innocent people. Council consensus was obtained. Councilmember Birdsall requested staff contact the League of California Cities to determine what actions are being taken in regard to legislation aimed at the protection of children. Minutes\042396 2 05/15/96 City Council Minutes Ar)ril 23, 1996 RECESS Mayor Lindemans called a recess at 8:04 PM. The meeting was reconvened at 8:16 PM. CONSENT CALENDAR Councilmembers Birdsall and Stone stated they would abstain on Item No. 2. Mayor Lindemans stated staff requested pulling Item No. 9 for further clarification. Councilmember Ford requested the removal of Items 1 0 and 1 1 from the Consent Calendar. Councilmember Roberts requested the removal of Item No. 19. Councilmember Stone requested the removal of Item No. 16. City Manager Bradley introduced Gregory W. Stepanicich, Managing Partner of Richards, Watson and Gershon, Attorneys at Law, the firm which will be representing the City of Temecula. It was moved by Councilmember Birdsall, seconded by Councilmember Roberts to approve Consent Calendar Items 1-8, 12-15, 17, 18 and 20-23. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Ford, Roberts, Stone, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 1 . Standard Ordinance Adol2toon Procedure 1.1Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes\042396 3 05/15/96 C4tv Councol M4nutes An(il 23, 1996 2.Approval of Minutes 2.1Approve the minutes of April 9, 1996. AYES: 3 COUNCILMEMBERS: Ford, Roberts, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 2 COUNCILMEMBERS: Birdsall, Stone 3.Resolution Approvina List of Dema@ RECOMMENDATION: 3.1Adopt a resolution entitled: RESOLUTION NO. 96-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4.City Attorney Services 4.1Retain Peter Thorson as City Attorney for the City of Temecula; 4.2Terminate the Agreement for City Attorney Services with Burke, Williams & Sorensen Attorneys dated September 26, 1995; 4.3Enter into an Agreement for City Attorney Services With Richards, Watson and Gershon Attorneys at Law. 5Purchase of Radio System Equipment 5.1Approve the purchase of City Radio Equipment from Comtronix of Hemet for a total cost of $1 7,265.37. 6Records Destruction Approval 6.1Approve scheduled destruction of certain records as provided under the City of Temecula approved Records Retention Policy. Minutcs\042396 4 05/15/96 City Council Minutes Aprol 23. 1996 7.Accept the Offers of Dedication for Public Street and Utility Purposes along the Walcott Corridor 7.1Adopt a resolution entitled: RESOLUTION NO. 96-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING THE OFFERS OF DEDICATION FOR PUBLIC STREET AND UTILITY PURPOSES 8.Sewer Agreement with Merv)tn's for Relocation of Sanitary Sewer for Winchester Road at Interstate Route 15, Bridae Widenina and Northbound Ramp Improvement& Project No. PW94-21 8.1Approve the Agreement and Grant of Easement, and authorize the Mayor to execute both documents. 12.Proaram Supplement No. 008 to the Local Agency/State Agreement for Federal-Aud Projects for the Barrier Rail at Front Street and Empere Creek (PW95-1 71 12.1Adopt a resolution entitled: RESOLUTION NO. 96-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PROGRAM SUPPLEMENT NO. 008, TO LOCAL AGENCY/STATE AGREEMENT NO. 08-5459 BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR FEDERAL AID PROJECT NO. STPLX-5459(007), BARRIER RAIL AT FRONT STREET AND EMPIRE CREEK 13.Award of Contract for the Rancho California/Santa Cecilia Sidewalk Proiect No. 5. Proiect No. PW95-25 13.1Award a contract for the construction of the Rancho California/Santa Cecilia Sidewalk Project No. 5, project No. PW95-25 to Gosney Development, for $27,430.00 and authorize the Mayor to execute the contract. 13.2Authorize the City manager to approve change orders not to exceed the contingency amount of $2,743.00 which is equal to 10% of the contract amount. Minutes\042396 5 05/15/96 Coty Council Monutes April 23, 1996 14.Aareement Reaarding Proposed Stream or Lake Alteration between California Department of Fish and Game and the City of Temecula - Pala Road Bridae over Temecula Creek 14.1Approve the Agreement regarding proposed stream or lake alteration (Notification No. 5-004-96) between the California Department of Fish and Game and the City of Temecula, and direct the Director of Public Works to sign said Agreement. 15.Construction Cooperative Aareement, State of California, County of R*versode, City of Temecula - 1-1 5/SR @ 15.1Approve the Construction Cooperative Agreement between the State of California, County of Riverside and City of Temecula, Route 1-1 5/SR 79(S) Interchange South Junction, Agreement No. 8-932, 08303-350510. 17.Release Grading Securit)l for Export of Soils (Located at the southeast corner of Winchester Road at Margarita Road) 17.1Authorize release of the Grading Security for export of soils materials from the Southeast corner of Margarita Road at Winchester Road to several sites along the northerly side of Winchester Road between Margarita Road and Nicolas Road; 17.2Direct the City Clerk to so advise the Developer and Surety. 18.Approval of Aareement Reaarding Tmsfer of Drainage Facilities to Riverside County Flood Control and Water Conservation District (Located at Ynez Road northerly of Motor Car Parkway) 18.1Approve the agreement between Advanced Cardiovascular Systems ('ACS'), the Riverside County Flood Control and Water Conservation District ("DISTRICT"), and the City of Temecula ("CITY') for transfer of Drainage Facilities to the DISTRICT; 18.2Authorize the Mayor to execute the agreement; 18.3Direct the City Clerk to attest thereto and to transmit the document to the DISTRICT for final processing through the Riverside County Board of Supervisors. Minutes\042396 6 05/15196 Coty Council Minutes A2rml 23, 1996 20.Acceptance of Drainage Easement in Portion of Tract 22916-3 and Quitclaim to Riverside County Flood Control and Water Conservation District (Located Northwesterly of intersection of Pauba Road at Butterfield Stage Road) 20.1Adopt a resolution entitled: RESOLUTION NO. 96-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING AN OFFER OF EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF DRAINAGE FACILITIES MADE TO THE CITY OF TEMECULA, AND AUTHORIZING QUITCLAIM OF SAID EASEMENT TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (PORTION OF LOTS 62 AND 63 IN TRACT NO. 22916-3) 21.Amendment to Staff Report: Award of Contract for the Construction of a Traffic Signal at the Intersection of Margarita Road and State Route 79 (South), Prowect No, PW95-15 21.1Appropriate $45,000 in Signal Mitigation Funds from the Development Impact Fund to the Capital Improvement Project Fund. 22.Support of AB 3382 22.1Adopt a resolution entitled: RESOLUTION NO. 96-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING AB 3382 WHICH REINSTATES LOCAL CONTROL OF CONCURRENT FUEL AND ALCOHOL SALES AT ONE LOCATION Minutes\042396 7 05/15/96 Cety Counc4i Minutes Apr*l 23, 1996 9.Solicitation of Construction Bids and Approval of the Plans and Specifications for the Interim Traffic Sional Installation at the Intersection of Maraarita Road and Rustic Glen Drive - Project No. PW96-03 Public Works Director Joe Kicak presented the staff report adding a recommendation to authorize $12,384.37 from Traffic Signal Mitigation Funds. It was moved by Councilmember Birdsall, seconded by Councilmember Stone to approve staff recommendation as amended: 9.1Approve the construction Plans and Specifications and authorize the Department of Public Works to solicit public construction bids for Project No. PW96-03, Traffic signal installation at the intersection of Margarita Road and Rustic Glen Drive. 9.2 Authorize expenditure of $12,384.47 from Signal Mitigation Funds. The motion was unanimously carried. The Council agreed by unanimous consensus to consider Items No. 1 0 and 1 concurrently. 10.Program Supplement No. 001 to the Local Aaency/State Aareement for Federal-Aod Proiects for SR 1 5 and Overland Drive Overcrossing Proiect (PW 95-1 1) 11.Proaram Supplement No. 002 to the Local Aaency/State Agreement for Federal-Aid Projects for SR 15 and Rancho California Road Interchange Improvement Project (PA 95-12) Councilmember Ford stated that the Joint Temecula/Murrieta Traffic Committee met last Thursday to review the report on Rancho California Road Widening and Overland Overcrossing. He stated that the report recommended to proceed with Rancho California Road Widening as being most effective and not in favor of Overland Overcrossing which does not connect into any main roads. He stated this also secures State funding which is available for the Rancho California Road widening project. Minutes\042396 8 05/15/96 C4tv Council Minutes Aprol 23, 1996 It was moved by Councilmember Stone, seconded by Councilmember Roberts to approve staff recommendations on Items 10 and 1 1 as follows: 10.1Adopt a resolution entitled: RESOLUTION NO. 96-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PROGRAM SUPPLEMENT NO. 001, TO LOCAL AGENCY/STATE AGREEMENT NO. 08-5459, BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR STATE PROJECT NUMBER SLTPP-5459(001), SR 15/OVERLAND DRIVE OVERCROSSING 11.1Adopt a resolution entitled: RESOLUTION NO. 96-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PROGRAM SUPPLEMENT NO. 002, TO LOCAL AGENCY/STATE AGREEMENT NO. 08-5459, BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR STATE PROJECT NUMBER SLTPP-5459(002), SR15/RANCHO CALIFORNIA ROAD INTERCHANGE IMPROVEMENT PROJECT The motion was unanimously carried. 16.Authorize Cost Participation with Temecula Valley Unified School District for the Installation of a Traffic Sianal at the Intersection of Winchester and Roripaugh Roads Councilmember Stone asked why this signal has become a priority. Public Works Director Kicak answered that the urgency of this project is due to potential cost savings by installing the signal during the Winchester Road Widening Project. This action will avoid additional cost and disruption of that intersection which would occur at a later date. Councilmember Stone asked if the School District has participated in the cost of this signal. Mr. Kicak answered that the School District has participated in a portion of 33% of the total cost, and stated he feels that the impact made by the new high school will be less than 33%. Minutcs\042396 9 05/15/96 City Council Minutes Aprol 23, 1996 It was moved by Mayor Lindemans, seconded by Councilmember Roberts to approve staff recommendation as follows: 16.1Authorize participation in the cost of a Traffic Signal Installation with Temecula Valley Unified School district to be constructed as a portion of the Winchester road Widening Project in the amount of two-thirds of the estimated cost to design and construct the signal. The motion was unanimously carried. 19.Parcel Map No. 27987-1 (Located south of Highway 79 South, between Redhawk Parkway and Country Glen Way - Vail Ranch commercial Ctr.) Councilmember Roberts asked if approving this map subject to the payment of property taxes would set a precedent for future projects. Public Works Director Kicak explained this request came from the applicant because the lease and sale of the property depends on approval of the final map. He stated the City would not release the map until the taxes have been paid. City Attorney Thorson stated that in his opinion taking this action is stretching the Subdivision Map Act as far as legally possible. It was moved by Councilmember Roberts, seconded by Councilmember Birdsall to approve staff recommendation as follows: Councilmember Ford stated he would abstain due to a potential conflict of interest. 19.1Approve Parcel Map No. 27987-1 subject to the conditions of approval, and the Developer providing proof of payment of property taxes and any special assessments prior to release of the map for recordation. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Roberts, Stone, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Ford Mayor Lindemans reordered the agenda to hear Item 26 out of order. Minutes\042396 10 05/15/96 Coty Council Minutes Ai)rel 23, 1996 COUNCIL BUSINESS 26.Starliaht Ridae - Traffic Study Public Works Director Joe Kicak presented the staff report. Wayne Hall, 42131 Agena, stated he is in favor of keeping the 25 mph speed limit in Starlight Ridge and said there is a serious traffic problem in that area. Ken Bruckman, 42244 Cosmic Drive, President of the Starlight Ridge Homeowner's Association, requested the 25 mph signs be left in place and suggested other things be tried, such as road narrowing. He stated a serious traffic problem persists in this area. Gary Hanna, 42201 Cosmic Drive, stated that walking is not safe in this neighborhood and stated he objects to the traffic report. William Utermohlen, 42231 Cosmic Drive, expressed concern about safety in this area and the risk of increased speeds. Don Maston, 42176 Cosmic Drive, spoke in opposition to the traffic study and recommendations contained therein. RECESS Mayor Lindemans called a recess at 9:1 5 PM. The meeting was reconvened at 9:20 PM. It was moved by Councilmember Stone, seconded by Councilmember Ford to direct staff to install stop signs at the following locations: 1) Agena and Cosmic, 3-way stop; 2) Santa Cecilia and Agena, 4-way stop and Cosmic and Santa Cecilia, 3-way stop. The motion was unanimously carried. It was moved by Councilmember Roberts, seconded by Councilmember Stone to approve staff recommendation regarding tree and bush trimming. The motion was unanimously carried. It was moved by Councilmember Stone, seconded by Councilmember Ford to direct staff to leave speed limit signs at 25 mph and direct staff to prepare a resolution citing the required findings. The motion was unanimously carried. MinutesNO42396 11 05/15/96 Coty Council Minutes A12rol 23, 1996 RECESS Mayor Lindemans called a recess at 9:50 PM. The meeting was reconvened following the scheduled Community Services District Meeting, Redevelopment Agency Meeting, Old Town Westside Financing Authority Meeting and the Old Town Westside Improvement Authority meeting at 9:52 PM to a Joint Meeting of the Temecula City Council, Temecula Redevelopment Agency and Old Town Westside Community Facilities District Financing Authority. It was moved by Councilmember Stone, seconded by Councilmember Roberts to extend the meeting until 1 1:00 PM. The motion was unanimously carried. 23.Financings for Old Town Area Public Improvements and the Western Bypass Corridx Councilmember Stone announced he would abstain due to a conflict of interest and stepped down from the podium. Finance Director Genie Roberts introduced Bond Counsel Paul Thimmig who presented the staff report. It was moved by Councilmember Roberts, seconded by Councilmember Ford to approve staff recommendation as follows: 23.1That the City Council adopt a resolution entitled: RESOLUTION NO. 96-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AND AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY OF A JOINT COMMUNITY FACILITIES AGREEMENT WITH THE OLD TOWNIWESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY 23.2That the City Council adopt a resolution entitled: RESOLUTION NO. 96-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OF ABANDONMENT OF SPECIAL ASSESSMENT PROCEEDINGS Minutcs\042396 12 05/15/96 Cuty Councol M4nutes Apr*l 23, 1996 23.3That the City Council adopt a resolution entitled: RESOLUTION NO. 96-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TERMINATING THE OLD TOWNIWESTSIDE IMPROVEMENT AUTHORITY The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Ford, Roberts, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Stone RECESS Mayor Lindemans called a recess to execute the Joint Community Facilities Agreement between the City and the Financing Authority at 10:00 PM. The meeting was reconvened at 10:10 PM. 24.Financings for Old Town Area Public Improvements and the Western Bypass Corridor - Old Town/Westside Improvement Authority Bond Counsel Paul Thimmig presented the staff report. It was moved by Agency Member Lindemans, seconded by Agency Member Roberts to approve staff recommendation as follows: 24.1That the Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 96-11 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA TERMINATING THE OLD TOWNIWESTSIDE IMPROVEMENT AUTHORITY The motion carried as follows: AYES: 4 AGENCY MEMBERS: Ford, Lindemans, Roberts, Birdsall NOES: 0 AGENCY MEMBERS: None ABSENT: 0 AGENCY MEMBERS: None ABSTAIN: 1 AGENCY MEMBERS: Stone Minutes\042396 13 05/15/96 City Council Minutes Aprol 23, 1996 25.Funancinas for Old Town Area Public Improvements and the Western Bypass Corrod2i Bond Counsel Paul Thimmig presented the staff report. It was moved by Board Member Lindemans, seconded by Board Member Ford to approve staff recommendations as follows: 25.1That the Financing Authority adopt a resolution entitled: RESOLUTION NO. FA 96-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN[WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY REGARDING MEETINGS, ESTABLISHING A SEAL FOR THE AUTHORITY, DIRECTING THE FILING OF A NOTICE OF FORMATION WITH THE SECRETARY OF STATE, AND ESTABLISHING THE RULES FOR ITS PROCEEDINGS 25.2That the Financing Authority adopt a resolution entitled: RESOLUTION NO. FA 96-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN[WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY OF ABANDONMENT OF PROCEEDINGS TO FORM THE OLD TOWN[WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY OLD TOWNIWESTSIDE COMMUNITY FACILITIES DISTRICT NO. 2 (WESTSIDE AREA PUBLIC IMPROVEMENTS) 25.3That the Financing Authority adopt a resolution entitled: RESOLUTION NO. FA 96-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN[WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY OF FORMATION OF OLD TOWN[WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (OLD TOWN AREA PUBLIC IMPROVEMENTS)K, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT Minutes\042396 14 05/15/96 Cdtv Council Manutes Apr*l 23, 1996 25.4That the Financing Authority adopt a resolution entitled: RESOLUTION NO. FA 96-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN[WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN THE OLD TOWNIWESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (OLD TOWN AREA PUBLIC IMPROVEMENTS) AND SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT 25.5That the Financing Authority adopt a resolution entitled: RESOLUTION NO. FA 96-06 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY DECLARING THE RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN The motion carried as follows: AYES: 4 BOARD MEMBERS: Ford, Lindemans, Roberts, Birdsall NOES: 0 BOARD MEMBERS: None ABSENT: 0 BOARD MEMBERS: None ABSTAIN: 1 BOARD MEMBERS: Stone RECESS Chairperson Birdsall called a recess at 10:21 PM to open ballots. The meeting was reconvened at 10:40 PM. City Clerk June Greek announced the ballots had been canvassed and reported the following: There were 186 qualified votes, 186 were cast, 184 voted 'yes' and 2 voted lino". Bond Counsel Paul Thimmig explained that the two "no" votes would be included in the district but would only be taxed if within a year, those properties are conveyed to the Buffman organization. Minutes\042396 15 05/15/96 City Council Minutes Ar)rol 23, 1998 It was moved by Board Member Lindemans, seconded by Board Member Ford to approve staff recommendation 25.6 as follows: 25.6That the Financing Authority adopt a resolution entitled: RESOLUTION NO. FA 96-07 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWNIWESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN The motion carried as follows: AYES: 4 BOARD MEMBERS: Ford, Lindemans, Roberts, Birdsall NOES: 0 BOARD MEMBERS: None ABSENT: 0 BOARD MEMBERS: None ABSTAIN: 1 BOARD MEMBERS: Stone It was moved by Board Member Lindemans, seconded by Board Member Roberts to approve staff recommendation 25.7 as follows: 25.7Read by title only and introduce an ordinance entitled: ORDINANCE NO. FA 96-01 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE OLD TOWNIWESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY LEVYING SPECIAL TAXES WITHIN THE OLD TOWNIWESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (OLD TOWN AREA PUBLIC IMPROVEMENTS) The motion carried as follows: AYES: 4 BOARD MEMBERS: Ford, Lindemans, Roberts, Birdsall NOES: 0 BOARD MEMBERS: None ABSENT: 0 BOARD MEMBERS: None ABSTAIN: 1 BOARD MEMBERS: Stone It was moved by Board Member Ford, seconded by Board Member Lindemans to adjourn the Temecula Redevelopment Agency and Old Town/Westside Community Facilities District Financing Authority Meetings at 10:45 PM. The motion was unanimously carried. Minutes\042396 16 05/15/96 City Council Minutes Aprol 23, 1996 COUNCIL BUSINESS 27.Walcott Corridor Street Improvement Project, Project No. PW94-10 Public Works Director Joe Kicak presented the staff report. Mayor Lindemans closed the hearing. It was moved by Councilmember Stone, seconded by Councilmember Roberts to approve staff recommendation 27.2 through 27.5 as follows: 27.2Adopt the Resolution of Necessity authorizing the commence of eminent domain proceedings so as to acquire the Property. RESOLUTION NO. 96-57 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 PROPERTY FOR PUBLIC PURPOSES (SOUTHWEST CORNER OF NICOLAS ROAD AND CALLE GIRASOL; WALCOTT CORRIDOR STREET IMPROVEMENTS PROJECT) 27.3Direct the City Attorney to file the action expeditiously; 27.4Approve a warrant in the amount of $10,460.00, payable to the clerk of the Superior Court for the deposit required to be made with Court. 27.5Authorize the City Manager to execute all necessary documents. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Ford, Roberts, Stone, Lindemans NOES: 1 COUNCILMEMBERS: Birdsall ABSENT: 0 COUNCILMEMBERS: None 28.Memorandum of Understandina Concerning Specific Plan No. 199, McMillin Proiect Services, Inc. Community Development Director Gary Thornhill presented the staff report. RECESS Mayor Lindemans called a brief recess at 10:52 PM to change the tape. The meeting was reconvened at 1 1:00 PM. Minutes\042396 17 05/15/96 C4tv Counc*l Monutes April 23, 1996 City Attorney Thorson stated the applicant had agreed to delete the Rancho California Road credit. James Hunter, 2727 Hoover Avenue, National City, stated he is in favor of staff recommendation and is available to answer any questions the Council may have. It was moved by Councilmember Stone, seconded by Councilmember Ford to extend the meeting until 11:20 PM . The motion was carried with Councilmember Birdsall in opposition. Councilmember Stone stated he in not in favor of staff recommendation because of the 50% credit of Quimby Fees for the golf course. James Hunter stated that the City policy specifies 50% credit for private usable space. Councilmember Roberts asked if Mr. Hunter will guarantee that this golf course will remain public. Mr. Hunter stated he could not guarantee this over the long term. Community Development Director Gary Thornhill stated that the City has no existing policy specifically regarding golf courses. It was moved by Councilmember Stone, seconded by Councilmember Roberts to approve staff recommendation, deleting Rancho California Road credit, and subject to modification of Quimby Credit. Directed that Councilmember Stone and Mayor Lindemans sit on a subcommittee to discuss Quimby Fee Credits. 28.1Approve the Memorandum of Understanding concerning Specific Plan No. 199, McMillin Project Services, Inc. For 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. 29.City Commissioner Term Limits and Monthly Compensatiorl City Manager Ron Bradley presented the staff report. It was moved by Councilmember Stone, seconded by Councilmember Birdsall to approve staff recommendations as follows: 29.1Introduce and read by title only an ordinance entitled: ORDINANCE NO. 96-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION NO. 2.40.030 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO TERM LIMITS FOR CITY COMMISSIONERS Minutes\042396 18 05/15/96 Cety Council M*nutes Apral 23, 1 996 29.2Introduce and read by title only an ordinance entitled: ORDINANCE NO. 96-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION NO. 2.40.100 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO MONTHLY COMPENSATION FOR CITY COMMISSIONERS The motion was unanimously carried. CITY MANAGER REPORTS None given. CITY ATTORNEY REPORTS None given. ADJOURNMENT It was moved by Councilmember Stone, seconded by Councilmember Roberts to adjourn at 11:31 PM to a meeting on May 14, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried. Uindemans, Mayor ATTEST: 4on $. Greek, CMC, Cify'Clerk Minutes\042396 19 05115196