HomeMy WebLinkAbout111202 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
NOVEMBER 12, 2002
After the Closed Session that convened at 6:00 P.M., the City Council convened in Open
Session at 7:00 P.M., on Tuesday, November 12, 2002, in the City Council Chambers of
Temecula City Hall, 43200 Business Park Drive, Temecula, California.
Present:
Councilmembers: Comerchero, Naggar, Pratt, Roberts
Absent: Councilmember: Stone
PRELUDE MUSIC
The prelude music was provided by Andrea Grangruth.
INVOCATION
The invocation was given by Pastor Randy Ponder of Lamb's Fellowship.
ALLEGIANCE
The flag ceremony was presented by Councilman Naggar.
PRESENTATIONS/PROCLAMATIONS
Certificate of Achievement to Larry Sepulvedal Jr. for atta n ng EaRle Scout rank
With appreciation, Larry Sepulveda, Jr. accepted the Certificate and briefly commented on his
Eagle Scout project.
In light of the number of Eagle Scout the City has produced, Mayor Roberts commended the
Scout Masters for their efforts.
National Hospice Month Proclamation
Extending their appreciation for the proclamation, Ms, Peggy Hopkins and Ms. Roxanne Sender
were in attendance to accept the proclamation.
Candleliqht Tribute Proclamation
Thanking the City for this special recognition, Ms. Linda Mejia, Ms. Karen Harkey, and Ms. Janie
Hogan were in attendance to accept the proclamation.
PUBLIC COMMENTS
A. Mr. Wiliiam Harker 31130 - 85 General Kearny Road, representing the Temecula Valley
Historical Society, relayed the Society's dedication to ensuring that there will be a yesterday to
be remembered tomorrow and, as well, thanked the City Council for its continued support.
B. Mr. Billy Banks, 43359 Chico Court, representing the Temecula Chamber of Commerce,
apprised the City Council and the public of the Chamber's Shop Temecula First Campaign and
commented on the derived benefits to the entire community by shopping in Temecula.
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C. Requesting the City Council's assistance with regard to Code requirements as it relates
to signage, Ms. Lorne Spencer (Old Town merchant), 43104 Agena Street, as well, commented
on the lack of sidewalks on Fifth Street.
CITY COUNCIL REPORTS
A. Councilman Comerchero thanked and commended the voters of Riverside County for
passing Measure A with a 69.2% of the vote, noting that its passage was vital to the future of
this County.
B. Echoing Councilman Comerchero's comment with regard to Measure A, Mayor Roberts
commented on future bonding efforts in 2003 and the prioritization of projects.
C. Addressing the increasing number of fatal automobile accidents, Councilman Pratt
commented on the billions of dollars allocated toward the Homeland Security Program while this
terror within is being ignored; therefore, Mr. Pratt advised of his efforts to complete a Security
First Ballot initiative Real Time Homeland Secudtyfor the November 2003 Election, proposing a
Department of Transportation Homeland Security with a goal to move the maximum number of
citizens within a minimum number of cars within City limits. In an effort to accomplish his goal,
Mr. Pratt suggested that a 35 m.p.h, speed limit be imposed throughout the City.
D. In light of Veterans' Day, Councilman Naggar honored those past and present Veterans
for their service.
CONSENT CALENDAR
Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the
agenda.
2
Minutes
RECOMMENDATION:
2.1 Approve the minutes of September 24, 2002.
(Both Mayor Roberts and Councilman Naggar abstained with regard to this item.)
Resolution Approvinq List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
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RESOLUTION NO. 02-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
4 City Treasurer's Report
RECOMMENDATION:
4.1 Receive and file the City Treasurer's Report as of September 30, 2002.
5 Northeast Fire Station Construction Cost Aqreement between the City of Temecula and the
County of Riverside
RECOMMENDATION:
5.1 Approve the agreement between the City of Temecula and the County of Riverside
for cooperatively sharing the construction cost for the Northeast Fire Stat[on.
6 Acceptance of Grant Deed - Crowne Hill Park
RECOMMENDATION:
6.1 Authorize acceptance of the Grant Deed for Crowne Hill Park (located in the Crowne
Hill development) and direct staff to proceed with the necessary actions to cause the
deed to be recorded.
7 Cell Phone Contract
RECOMMENDATION:
7.1 Approve a two-year agreement with Sprint for City Cellular Services.
8 AccePtance of a Drainaqe Easement located within Parcel No. 4 of Parcel Map No. 13889
RECOMMENDATION:
8.1 Adopt a resolution entitled:
RESOLUTION NO. 02-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING AN OFFER OF DEDICATION FOR A
DRAINAGE EASEMENT WITHIN PARCEL NO. 4 OF PARCEL
MAP NO. 13889
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9 Bicycle Transportation Account (BTA) Grant Application for FY 2003/04
RECOMMENDATION:
9.1
Receive and file the report regarding the Bicycle Transportation Account (BTA)
Grant Application for the development of the Santa Gertrudis Bicycle/Trail
Undercrossing at Margarita Road and authorize the Director of Public Works to
forward said application the California Department of Transportation (Caltrans)
Local Assistance Office;
9.2 Adopt a resolution entitled:
RESOLUTION NO. 02-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING THE APPLICATION TO THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION
(CALTRANS) FOR BICYCLE TRANSPORTATION ACCOUNT
FUNDS FOR THE DEVELOPMENT OF THE SANTA
GERTRUDIS BICYCLE/TRAIL UNDERCROSSlNG AT
MARGARITA ROAD
10 Diaz Road Realignment Proiect - Approval of Proiect and Neqative Declaration (EA-68)
RECOMMENDATION:
10.1 Adopt a resolution entitled:
RESOLUTION NO. 02-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A NEGATIVE DECLARATION AND
APPROVING THE DIAZ ROAD REALIGNMENT PROJECT -
PROJECT NO. PW95-27
11 French Valley Parkway Overcrossinq and Interchan,qe - Proiect No. PW02-11 - Acquisition
Aqreement between the City of Temecula and Michael Edwin Coleman
RECOMMENDATION:
11.1
Approve and execute in substantially the form hereto the Purchase and Sale
Agreement and Escrow Instructions between the City of Temecula and Michael
Edwin Coleman for the acquisition of certain real property in the amount of
$570,000.00;
11.2 Direct the City Clerk to record the document;
11.3 Adopt a resolution entitled:
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RESOLUTION NO. 02-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY
INTEREST IN OR EASEMENT UPON REAL ESTATE AS
PERMITrED BY GOVERNMENT CODE SECTION 27281
12 Amendment No. 2 to Professional Services Aqreement with Michael Brandman Associates
for Pechanqa Parkway (~ormedy known as Pala Road) - Phase II Improvements - Project
No. PW99-11 - Environmental Study and Clearances
RECOMMENDATION:
12.1 Approve Amendment No. 2 to the agreement with Michael Brandman Associates to
provide professional engineering and design services for the Environmental Study
and Clearances for the Pechanga Parkway Phase II improvements - Project No.
PW99-11 - for an amount not to exceed $71,600.00 and authorize the Mayor to
execute the agreement.
13 Joint C0mmun bt Facil!ties Aqreement with Eastern Municipal Water District for the Shea
Homes - Serena Hills Development (Tract No. 23209')
RECOMMENDATION:
13.1 Adopt a resolution entitled:
RESOLUTION NO. 02-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A JOINT COMMUNITY FACILITIES
AGREEMENT WITH THE EASTERN MUNICIPAL WATER
DISTRICT RELATING TO SERENA HILLS
14 Solicitation of Construction Bids for Pechan.qa Parkway Soundwall Improvements- Project
No. PW99-11SW
RECOMMENDATION:
14.1
Approve the project plans and specifications and authorize the Department of Public
Works to solicit bids for the construction of the Pechanga Parkway Soundwall
Improvements- Project No. PW99-11SW,
15 Harveston Acquisition Aqreement for Offsite Riqht-of-Way
RECOMMENDATION:
15.1
Approve the Agreement pursuant to Government Code Section 66462.5 authorizing
the City to use the power of eminent domain for acquisition of offsite right-of-way to
provide the necessary right-of-way for widening of Winchester Road as required in
the conditions of approval for the Harveston Project.
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16 Second Reading of Ordinance No. 02-10 (Advanced Cardiovascular)
RECOMMENDATION:
16.1 Adopt an ordinance entitled:
ORDINANCE NO. 02-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING A MITIGATED NEGATIVE
DECLARATION FOR AND APPROVING THE DEVELOPMENT
AGREEMENT WITH ADVANCED CARDIOVASCULAR
SYSTEMS, INC., A SUBSIDIARY OF GUIDANT CORPORATION
(PLANNING APPLICATION NO. 02-0217)
MOTION: Councilman Comerchero moved to approve Consent Calendar Item Nos. 1 - 16.
The motion was seconded by Councilman Naggar and voice vote reflected approval with the
exception of Mayor Pro Tern Stone who was absent and Mayor Roberts and Councilman
Naggar who abstained with regard to Item No. 2.
At 7:24 P M., the City Council convened as the Temecula Community Services District and the
Temecula Redevelopment Agency. The City Council Meeting resumed at 7:29 P.M.
17 Development Code Amendment (Planninq Application No. 02-0318)
RECOMMENDATION:
17.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 02-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING STANDARDS FOR MODULAR
STRUCTURES, ADOPTING CHAPTER 17.10 OF THE
TEMECULA MUNCIPAL CODE, AND MAKING OTHER MINOR
MODIFICATIONS TO THE TEMECULA MUNICIPAL CODE
(PLANNING APPLICATION NO. 02-0318)
Deputy City Manager Thornhill reviewed the staff report (as per agenda material),
commenting on the proposed amendments, as follows:
· Modular Structure Standards
· Religious Institutions as Permitted Uses
· Incidental Retail Sales to Industrial Uses
· Nonprofit and Community Organization Facilities
· Sign Programs
· Typographic Changes
· Obsolete and Unused Definitions
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At this time, Mayor Roberts opened the public hearing
Pastor Skip McComas, 31400 Britton Circle, representing Hope Lutheran Church, relayed his
support of the proposed amendments.
Mayor Roberts closed the public hearing.
Commending Deputy City Manager Thornhill and the Planning Department staff, Councilman
Comerchero commented on the collaboration between staff and those associated with regard
to this item.
City Attorney Thorson introduced and read by title only Ordinance No. 02-11.
MOTION: Councilman Naggar moved to approve staff recommendation. The motion was
seconded by Councilman Comerchero and voice vote reflected approval with the exception of
Mayor Pro Tern Stone who'was absent.
18 Larqe Family Day Care Home Facility Ordnance (P anninq Application No. 99-0382)
RECOMMENDATION:
18.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 02-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLE 17 RELATING TO THE
STANDARDS FOR LARGE FAMILY DAY CARE HOME
FACILITIES (PLANNING APPLICATION NO. 99-0382)
Principal Planner Hogan reviewed the staff report (of record), clarifying that this ordinance would
pertain to large family, day care homes (6 to 12 children) and noting that the proposed
ordinance would not pertain to commercials facilities. Mr. Hogan advised that Code
enforcement issues with regard to such facilities would be handled through the City but that
operational issues would be handled through the State.
At this time, Mayor Roberts opened the public hearing. There being no public input, the public
hearing was closed.
City Attorney Thorson introduced and read by title only Ordinance No. 02-12.
MOTION: Councilman Naggar moved to approve the staff recommendation. The motion was
seconded by Councilman Comerchero and voice vote reflected approval with the exception of
Mayor Pro Tem Stone who was absent.
19 Appeal of Cinqular Wireless Telecommunication Facility at Chaparral Hi.qh School -
Conditional Use Permit/Development Plan (PA01-0572)
RECOMMENDATION:
19.1 Adopt a resolution entitled:
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RESOLUTION NO. 02-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING THE APPEAL OF THE PLANNING
COMMISlSON'S DECISION TO APPROVE PLANNING
APPLICATION NO. 01-0572 - A CONDITIONAL USE
PERMIT/DEVELOPMENT PLAN TO DESIGN, CONSTRUCT,
AND OPERATE A TWENTY-SIX FOOT HIGH, FOURTEEN
FOOT WIDE UNMANNED WIRELESS TELECOMMUNICATION
FACILITY HOUSING SlX ANTENNAS AND ASSOCIATED
EQUIPMENT. THE SUBJECT PROPERTY IS GENERALLY
LOCATED AT THE SOUTHWEST CORNER OF NICOLAS
ROAD AND WINCHESTER ROAD ON THE CHAPARRAL HIGH
SCHOOL CAMPUS ALSO KNOWN AS ASSESSOR'S PARCEL
NO. 961-080-007
Principal Planner Hazen reviewed and highlighted the staff report and recommendation (of
record), advising that because the proposed structure will not be educationally related, the City
does have jurisdiction over the construction of this use even though it is located on a school
site.
At this time, Mayor Roberts opened the public hearing.
Considering the height of the proposed structure and considering its location at a busy
intersection, Ms. Trisha Markey, representing Fountain Glen Properties (neighboring senior
housing project), expressed a concern with traffic visibility, marketing visibility, residents loss of
view (east side) and, therefore, suggested that an alternate location for this structure be
explored.
Recalling when the neighboring senior housing project was reviewed by the Planning
Commission, Councilman Naggar advised that he was a Planning Commissioner at the time
and that those concerns expressed by Ms. Markey were similar concerns expressed by
surrounding neighbors of the senior housing project. Mr. Naggar viewed the proposed
structure as appropriate and relayed support for approval.
In light of the need for this telecommunication structure, Councilman Comerchero commended
those involved with the development of this structure for its creativity and relayed his support of
the request.
Echoing Councilman Naggar's comments, Mayor Roberts noted that he had visited the location
of discussion and stated that there would be no to very limited view blockage as a result of this
structure and, therefore, relayed his opposition to the appeal.
Councilman Pratt expressed his support of the sign.
MOTION: Councilman Naggar moved to approve the request and, thereby, granting the permit
and denying the appeal. The motion was seconded by Councilman Comerchero and voice
vote reflected approval with the exception of Mayor Pro Tem Stone who was absent.
At 7:58 P.M., Mayor Roberts called a short recess and reconvened the meeting at 8:15 P.M.
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COUNCIL BUSINESS
20 Ali-Way Stop Siqn Installation at North General Kearny Road and Golden Rod Road
RECOMMENDATION:
20.1 Adopt a resolution:
RESOLUTION NO. 02-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING AN ALL-WAY STOP CONTROL
AT THE INTERSECTIONOF NORTH GENERAL KEARNY ROAD
AND GOLDEN ROD ROAD
Public Works Director Hughes reviewed the staff report (as per agenda material), noting that it
has been observed that this particular street is being used for recreational purposes (skate
boarding ramps, bike ramps, basketball courts, etc.)
In response to Councilman Naggar's concern as it relates to the differing speeds limits from
County roads to City roads, Public Works Director Hughes noted that, for area of discussion,
staff would be of the opinion that the existing traffic condition is working; that the width of North
General Kearny Road is 44' from curb to curb; and that this road has been designated as a
residential collector street.
Highlighting the Public Traffic Safety Commission's opinion with regard to this matter,
Commissioner Lanier advised that initially the matter was addressed as a speed issue but that
it evolved into more of a pedestrian safety issue. In response to Councilman Comerchero,
Commissioner Lanier explained the Commission's approval of the all-way stop control even
though it would deviate from the acceptable standards because of the length of North General
Kearny Road from Nicolas Road to the County and because of the expanded growth in the
area to the Murrieta side which would use Golden Road to access the area of discussion.
If the residents are desirous of a stop sign, Councilman Pratt relayed his support of the
installation of one.
Mr. Steve Chavez, 39810 Golden Rod Road, presented the neighbors' request for the
installation of a stop sign, highlighting the Commission's unanimous vote to install the sign and
reiterating that the issue of concern being pedestrian/bicyclist safety versus a speed limit
concern. In response to Councilman Naggar, Mr. Chavez acknowledged the residents'
awareness and acceptance of issues such as stacking/staging, loss of parking, difficulty
backing out, increased noise/pollution if this request were approved.
Commenting on the current false sense of security, Ms. Lisa Pidgeon, 39822 Golden Rod
Road, requested the ability to cross at a controlled intersection.
In light of the continued growth in the area of discussion, Mr. Johan Backlund, 39835 North
General Kearny, requested that the all-way stop control be approved, noting that the requested
signs are not solely for motorists but also for the safety of the pedestrians and bicyclists.
For the children's safety, Mr. Curtis Warrick, 39875 North General Kearny, requested the
approval of the all-way stop control.
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Considering the uniqueness of this situation (long stretch of road bordering County and the
growth in the area), Councilman Naggar reiterated the impacts to the residents associated with
the installation of such signs; stated that a street is not a place to let children play, noting that
this particular street has been designated as a residential collector road; and relayed his
support of the Commission's recommendation.
Concurring with Councilman Naggar's comment that children should not be playing in the
street, Councilman Comerchero stated that there is a need for pedestrians to cross the street.
In response to Councilman Comerchero, Mr. Chavez advised that there would be a general
agreement of those residents on North General Kearny to the installation of these signs,
advising that two individuals did not sign the petition and that all residents on Golden Rod
Road and Franciscan Court signed the petition.
In response to Councilman Comerchero, Public Works Director Hughes advised that although
staff does not survey the opinion of the residents once an unwarranted stop sign has been
installed but advised that actual feedback has been received from the residents and that those
responses vary. Mr. Hughes noted that the success with the installation of unwarranted stop
signs is that perception that something had been done. In closing, Mr. Hughes clarified that it
is the Public Works Department's responsibility to complete the technical analysis of a request
such as this and to provide, to the Council, the facts consistent with the guidelines set by the
State.
Councilman Comerchero relayed his desire to rather make an error on the side of safety for
the residents and, therefore, relayed his support of the request.
Advising that the City has installed other unwarranted stop sign because of safety concerns,
Mayor Roberts commented on the neighborhood's desire to have these signs installed;
addressed the continued growth in that area; and noted his support for the request.
MOTION: Councilman Comerchero moved to approve the installation of an All-Way Stop Sign
installation at North General Kearny Road and Golden Rod Road. The motion was seconded
by Councilman Naggar and voice vote reflect approval with the exception of Mayor Pro Tem
Stone who was absent.
21 Relinquishment of Caltrans Riqht-of-Wav (State Routes 79 North and South)
(at the request of Mayor Roberts.)
RECOMMENDATION:
21.1
Direct the Public Works Department to proceed with the relinquishment process for
certain segments of State Route 79 South (SR 79S) and Winchester Road (SR 79N)
from the State of California to the City of Temecula;
21.2 Adopt a resolution entitled:
RESOLUTION NO. 02-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DECLARING ITS INTEREST TO ACCEPT
JURISDICTION OF THOSE SEGMENTS OF WINCHESTER
ROAD (SR 79N) AND STATE ROUTE 79 SOUTH (SR 79S)
EXTENDING FROM 1-15 TO THEI CITY LIMITS FROM THE
STATE OF CLAIFORNIA
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Reviewing the relinquishment process for SR 79S and Winchester Road (SR
79N), Mayor Roberts and Public Works Director Hughes commented on the
requirements and timeline and stated that the proposed resolution will begin the
process with no commitment on the City's part until all terms with the State have
been resolved.
Mr. Elton Ward, 39558 Freemark Abbey, relayed his support of the proposal to
relinquish.
Councilman Naggar commended Mayor Roberts for his initiation of this process.
MOTION: Councilman Naggar moved to approve staff recommendation. The
motion was seconded by Councilman Comerchero and voice vote reflected
approval with the exception of Mayor Pro Tern Stone who was absent.
22 Community Services Commission Appointments
RECOMMENDATION:
22.1 Appoint one applicant to serve a full three-year term on the Community Services
Commission through October 10, 2005.
Briefly reviewing the staff report (of record), Mayor Roberts advised that both subcommittee
members (Roberts/Stone) recommend the reappointment of James Meyler.
MOTION: Councilman Naggar moved to reappoint Mr. James Meyler. The motion was
seconded by Councilman Comerchero and voice vote reflected approval with the exception of
Mayor Pro Tern Stone who was absent.
23 Public/Traffic Safety Commission Appointments
RECOMMENDATION:
23.1 Appoint two applicants to serve on the Public/Traffic Safety Commission for full
three-year terms through October 10, 2005.
Briefly reviewing the staff report (of record), Mayor Roberts advised that both subcommittee
members (Roberts/Stone) recommend the reappointment of Mark Katan and the appointment of
Pete Ramos.
MOTION: Councilman Naggar moved to reappoint Mr. Mark Katan and to appoint Mr. Pete
Ramos. The motion was seconded by Councilman Pratt and voice vote reflected approval with
the exception of Mayor Pro Tem Stone who was absent.
Councilman Naggar, echoed by Councilman Comerchero, commended Mr. Charles Coe for his
years of service and requested that Mr. Ccc receive the appropriate recognition.
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CITY MANAGER'S REPORT
City Manager Nelson commended the Public Works Department on its efforts associated with
the Ali-Way Stop Sign installation.
CITY ATTORNEY'S REPORT
With regard to Closed Session, City Attorney Thorson noted that there were no reportable
actions with the exception that the City Council authorized the attorney to defend the City and
City Council in the Pratt v. City of Temecula lawsuit and that the real property matter was
approved.
ADJOURNMENT
At 9:18 P.M., the City Council meeting was formally adjourned to Tuesday, November 26, 2002,
at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ATTES.T.:;"
[SEAL]
Ron Roberts, Mayor
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