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Home My WebLink About013196 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 to a meeting will enable the City to make reasonable-arrangements to ensure accessibility to that 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, R."'~,gede~lllle 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