HomeMy WebLinkAbout013196 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in
this meeting, please contact the office of the City Clerk (909) 694-6444. Notir~f~ion 48 hours prior
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meeting 128 CFR 35.102.35.104ADA TrUe II]
A~ENDA
TEMECULA CITY COUNCIL
AN ADJOURNED REGULAR MEETING
COMMUNITY RECREATION CENTER
30875 RANCHO VISTA ROAD
JANUARY 31, 1996 - 7:00 PM
CALL TO ORDER:
Flag Salute:
ROLL CALL:
Mayor Karel Lindemans presiding
Councilmember Roberrs
Birdsall, Roberrs, Stone, I.indernans
Next in Order:
Ordinance: No. 96-03
Resolution: No. 96-10
PUBLIC COMMENTS
A total of 30 minutes is provided so members of the public can address the Council on
items that are not listed on the Agenda or are listed on the Consent Calendar, Speakers
are limited to two (2) minutes each, If you desire to speak to the Council on an item not
listed onthe Agenda or on the Consent Calendar, a pink "Request to Speak" form should
be filled out. and filed with the City Clerk,
When you are called to 'speak, please come forward and state your name for the record.
For all other agenda items a "Request to Speak" form must be filed with the City Clerk
before the Council gets to that item. There is a five (5) minute time limit for individual
speakers.
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agende will be made at
this time. A total, not to exceed, ten (1'0) minutes will be devoted to these reports.
R.-~aeeda~lllee
PUBLIC HI:ARINnS
Any person may mdxnit written cornram to the City Counci before a public
headfig or my aplxiar and be heard in mappet of or in oppodtkm to the eplxovd of
thojx'ojoct(e)atthodntoofhoadng. ~ you dldle~ge eny of the ~ in court,
you may be limited to rddng only those ileues you or Naneone dee rded at the
public hearing or in written correelao~ dlvered to the City Clerk at, or prior
to, the public heedng.
1. Western RVDaSS Assessment District No. 95-1
RECOMMENDATION:
1.1 Conduct a public hearing and take testimony.
1.2 Adopt a resolution entitled:
RESOLUTION NO. 96-
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA TO MAKE CHANGES AND MODIFICATIONS
CITY MANAGER'S REPORT
CITY ATTORNEY'$ REPORT
ADJOURNMFNT
Next regular meeting: February 13, 1996, 7:00 PM, Community Recreation Center, 30875
Rancho .Vim Road, Temecula, California,
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ITEM
1
APPROVAL
CITY ATTORNEY
FINANCE DIRECTOR
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Director of Public Works/City Engineer
January 31, 1996
Western Bypass Assessment District No. 95-1, Public Hearing
RECOMMENDATION:
That the City Council:
1. Conduct a Public Hearing and take testimony.
2. Adopt a Resolution entitled:
RESOLUTION NO. 96-
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA TO MAKE CHANGES AND MODIFICATIONS
BACKGROUND:
On December 12, 1995, the City Council by adoption of Resolution No. 95-104, approved the
Preliminary Engineer's Report for Assessment District 95-1 (A.D. 95-1 ), and set the date of
January 25, 1996 for the "Public Meeting" and January 31, 1996 for Public Hearing.
On Tuesday, January 25, 1996, the required Public Meeting was held, staff made the
presentation, giving an opportunity to all of the property owners within the boundary of the
Assessment District to speak for or against the project and ask any questions.
Several speakers appeared before the City Council, most speaking against the proposed
Assessment District formation.
The purpose of this Public Hearing is to receive testimony from any property owners within
the boundary of A.D. 95-1, who wish to speak for or against the proposed Assessment, and
to receive any written or oral protests.
It should be pointed out that, pursuant to Streets and Highways Code, written protests are the
protests to be reported to the City Council upon conclusion of the Public Hearing. As per the
requirements of Streets and Highways Code, the protest is reported as percentage of protest,
representing the land areas of parcels protesting divided by the sum total of all land areas
within the boundaries of the Assessment District.
Should there be verbal protests during the Public Hearing by property owners who have not
filed a written protest, these will be identified and reported to the City Council.
Upon completion of public testimony, the above percentage will be presented to the City
Council. At that time City Council should discuss and make their decision based on the
testimony presented and the percentage of protest·
It should be noted, that City Council may not confirm the assessment, if the written protests
received from the property owners representing greater than 50% of the land area ~vithin the
district boundary. '
Due to the nature of the project and a requirement for re-noticing certain property owners, the
staff is recommending the continuation of the Public Hearing to February 27, 1996. At that
time, if the Public Hearing is closed, staff will evaluate the percentage of protest and make a
recommendation to the City Council as may be appropriate.
FISCAL IMPACT:
None to the City, however, on the Redevelopment Agency (RDA) agenda on February 27,
1996, an item will be presented to consider the RDA contribution. This project is funded
primarily through assessments to individual properties.
ATTACHMENTS:
Resolution No. 96-
RESOLUTION NO. 96-
A RESOLUTION OF INTENTION OF THE CITY COUNCIL
OF THE CITY OF TEMECULA TO MAKE CHANGES AND
MODIFICATIONS
CITY OF TEMF_jZULA
Western Bypass Assessment District No. 95-1
RESOLVED by the City Council (the "Council') of the City of Temecula (the "City), County
of Riverside, State of California, that the public interest, convenience and neceuity require, and
that it is the intention of this Council to make the following changes and modifications in the
proceedings under and pursuant to Resolution of Intention No. 95-103, adopted by this Council
on December 12, 1995 to wit:
Section 1. Increase the assessment amount for Assessment Parcel No. 24 (Assessor
Parcel No. 921-281-012) from $10,916.43 to $48,351.79; and
Section 2. Increase the assessment amount for Assessment Parcel No. 25 (Assessor
Parcel No. 921-281-011) from $16,887.72 to $48,351.79.
Section 3. NOTICE IS HERERy GIVEN that ~=esday, Febnmry 27, 1996, at the
hour of 7:00 o'clock p.m., in the meeting place of this Council, Community Recreation Center,
30875 Rancho Vista Road, Temectda, California, are hereby fixed as the time and place when
and where this Council will consider the matter of making said changes and modifications and
hear all protests and persons interested therein.
Section 4. Joseph Kicak, Public Works Director of the City is hereby designated as
the person to answer inquiries regarding the protest proceedings to be had herein, and may be
contacted during .regular office hours at 43174 Business Park Drive, Tcmecula, California, or
by calling (909) 694-6411.
SECTION S. The City Clerk of the City shall cause a copy of this resolution to be
published once in the Ca//for~fan, a newspaper of general circulation published in the City, and
to be mailed to all property owners whose assessments are proposed to be increased; said
publication to be at least ten (10) days before said day of hearing and said mailing to be at least
twenty (20) days prior to said hearing date.
r:~agdrltXg6~O131~1pub.tm/t~
PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula
at a regular meeting held on the day of , 1996.
ATTEST:
Karel F. Lindemans, Mayor
June S. Greek, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 96-__ was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the __th of February, 1996, by the following
vote:
AYES:
COUNCILMEMBERS:
NOKs:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
June S. Greek, CMC
City Clerk
r:~ag~it~t\96~O131puhrX95-1pub.res/rh
REQUESTS TO SPEAK
:EQUEST TO SPEC
CITY OF TEMECULA RECEIVED
JAN 31 1996
Date Jan -51 , 19 9 6 I wish to speak on Agenda Item No.
CITY GLErAS DEPT.
For Against
Subject: Vuestern Bypass assessment dist 95-1
Name: George Buhler Assessor's Parcel No.
Address:
Phone:
The Mayor or presiding officer will call your name when the matter comes up. Please go to the
public podium and state your name and address for the record.
If you are representing an organization or group, please give the name:
Ms Greek, I am unable to attend tonights meeting and I would appreciate
Yptir rea_in rrly 1Ptter into the public record at tonights meeting
A
q
Temecula Ca
Jan 31 , 1996
Mayor Karel Lindemans & Council members,
I am unable to attend the council meeting tonight, however as a
taxpaying resident of Temecula, I must protest the expenditure of
almost :; 400,000 of public funds to pay the assessments for the Western
by-pass road owed by some residents and apartment owners who have
property in the Old Town area. The reason given for this action is
quoted as "the city will pay these private property assessments be-
cause the proposed Western By-pass would primarily benefit vacant
land and industrial property. What does all of this have to do with the
99% of us taxpayers who live east of the freeway and will probably
never use this road. It is Mr Firestone who owns most of this land
and Mr Buffman needs Mr Firestone 's land for his project so they should
pay the entire cost of assessment district 95-1 . What right does our
city council have to authorize paying public funds on assessments to
private property owners who happen to be located within an assessment
district. No-one helps me pay for all the local assessments that appear
on my tax bill every year.
What happened to the promise made by our mayor and council that no
public funds would be used for the Old Town Entertainment Center and
that the Western By-pass would be funded by only the property owners
who would directly benefit from it. I vigorously object in any city
participation in this assessment district.
Thank You
George Buhler