HomeMy WebLinkAbout022404 CC Minutes
I
I
I
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
FEBRUARY 24,2004
The City Council convened in Closed Session at 6:00 P.M. and in Open Session at 7:00 P.M.,
on Tuesday, February 24, 2004, in the City Council Chambers of Temecula City Hall, 43200
Business Park Drive, Temecula, California.
Present:
4
Councilmembers:
Comerchero, Roberts, Washington, and Naggar
Absent:
Councilmember:
Stone
It was noted by Mayor Naggar that Councilman Stone was attending a community forum.
PRELUDE MUSIC
The violin music was provided by Eve Craig.
INVOCATION
The invocation was given by Ciera Saunders of Baha'i Community Church.
ALLEGIANCE
The flag ceremony was presented by Mayor Pro Tem Comerchero.
NATIONAL ANTHEM
The National Anthem was sung by Joelle James.
PRESENT ATIONIPROCLAMATIONS
Certificate of Appreciation to Joelle James
Expressing how proud he is of Ms. James, Councilman Washington presented a Certificate to her
and commended her on her role as a role model to the young adults and an inspiration to the
adults.
Citizen Corps Presentation bv District Director Paule
Honoring the City Council on the establishment of the Temecula Citizen Corps, District Director
Paule presented a Plaque to the Mayor and relayed Congressman Issa's support of this program.
Mayor Naggar reminded the public of the upcoming Temecula Citizen Corps meeting on
Wednesday, February 25, 2004, in the City Council Chambers.
Central Coast Productions Presentation
Mr. Mike Madden of Central Coast Productions presented memorabilia to the Council of the
upcoming Good Old Car Show; advised that the show is sold out; and that sponsorships have been
outstanding. He thanked the City Council for its support and invited the Council and the public to
attend this upcoming event.
R:IMinuteslO22404
I
I
I
PUBLIC COMMENTS
A. In response to Mr. Joseph Terrazas' concern, representing the Wolf Valley Homeowners
Association, Public Works Director Hughes commented on the status of the Pechanga Parkway
expansion, noting the following:
.
That a Community Facilities District has been formed as the primary funding source for
the widening of Pechanga Parkway (six lanes from SR 79 south to Via Gilberto at which
point it will transition to four lanes)
That the existing design was planned to accommodate the Wolf Creek development,
including the existing casino but that the current design would not include the casino
expansion.
Mayor Naggar noted, for Mr. Terrazas, that a meeting would be set with the
homeowners association and staff to discuss the matter.
B. Addressing the closing of a local hockey rink in Lake Elsinore, Mr. Mike Harrington,
41797 Green Tree Road, noted that the are no local rinks for the children andlor adults and
relayed his desire for a rink in the City.
C. Ms. Tomi Arbogast, 43221 Corte Cabrera, representing the Temecula Citizen Corps,
further commented on tomorrow's Corps meeting at 6:30 P.M., in the City Council Chambers;
advised that the City is the only City in the Nation to have such a program; apprised of Federal
Emergency Management Agency's (F.E.M.A.) support of this program; encouraged public
participation; and thanked the City Council, City staff, and the Public Traffic Safety Commission
for its support.
CITY COUNCIL REPORTS
A. Mayor Pro Tem Comerchero reminded the viewing public that Election Day will be on
March 2, 2004, and encouraged the residents to vote.
Mr. Comerchero commended Councilman Washington on receiving the Citizen of the
Year Award from the Temecula Valley Chamber of Commerce.
B. Councilman Washington as well encouraged voter participation in the upcoming election;
commented on an upcoming PTSA Mystery Theater Fundraiser for the Gardner Middle School
library; and wished City Clerk Jones a Happy Birthday.
C. Having attended another Indian Gaming Local Community Benefit Committee (SB 621)
meeting, Councilman Roberts addressed the City's eligibility to qualify for certain funding and
noted that he would keep the City apprised.
Having received the Draft EIRIEIS of the California High Speed Rail Authority,
Councilman Roberts requested that staff review the draft information and provide comments
within the 90-day period. City Manager Nelson advised that Principal Planner Brown would be
reviewing the information.
R:IMinuteslO22404
2
I
I
I
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 January 27, 2004.
3
Resolution approvinq List of Demands
RECOMMENDATION:
3.1
Adopt a resolution entitled:
RESOLUTION NO. 04.15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
4
Approval of 2003-04 Mid-Year Budqet Adiustments
RECOMMENDATION:
4.1
Adopt a resolution entitled:
RESOLUTION NO. 04-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AMENDING THE FISCAL YEAR
2003-04 ANNUAL OPERATING BUDGET
4.2 Adopt a resolution entitled:
RESOLUTION NO. 04-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, REVISING THE SCHEDULE OF
AUTHORIZED POSITIONS
R:IMinuteslO22404
3
I
I
I
5
Dalton Historic Buildinq II (PA03-0711)
RECOMMENDATION:
5.1
Adopt a resolution entitled:
RESOLUTION NO. 04.18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A HEIGHT INCREASE OF SIXTEEN
FEET AND ONE-5TORY FOR PLANNING APPLICATION NO.
PA03.0711 , LOCATED AT THE NORTHWEST CORNER OF
MERCEDES STREET AND FIFTH STREET, KNOWN AS
ASSESSOR PARCEL NO. 922-024-014
6
Chaparral Center Expansion (Heiqht Extensions)
RECOMMENDATION:
6.1
Adopt a resolution entitled:
RESOLUTION NO. 04-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A HEIGHT INCREASE OF SIXTEEN
FEET TEN INCHES AND ONE-STORY FOR PLANNING
APPLICATION NO. PA03-0471 , LOCATED AT 28461 OLD
TOWN FRONT STREET, GENERALLY LOCATED ON THE
WEST SIDE OF OLD TOWN FRONT STREET,
APPROXIMATELY 150 FEET NORTH OF SIXTH STREET
KNOWN AS ASSESSOR PARCEL NO. 922-026-022
7
Approval of the Plans and Specifications and authorization to solicit Construction Bids for
the State Route 79 South Sidewalk and Landscape Improvement Proiect Proiect No.
PW01-02
RECOMMENDATION:
7.1
Approve the plans and specifications and authorize the Department of Public Works
to solicit construction bids for the State Route 79 South Sidewalk and Landscape
Improvement - Project No. PW01-02.
8
Approval of the Plans and Specifications and authorization to solicit Construction Bids for
the Asphalt Crackfill Project - FY2003-2004 - various streets - Proiect No. PW04-04
RECOMMENDATION:
8.1
Approve the Construction Plans and Specifications and authorize the Department of
Public Works to solicit construction bids for the Asphalt Crackfill Project - FY2003-
2004 - various streets - Project No. PW04-04.
R:IMinutesIO22404
4
I
I
I
9
Approval of the Plans and Specifications and authorization to solicit Construction Bids for
the Slurrv Seal Project FY2003-2004 Proiect No. PW04-03
RECOMMENDATION:
9.1
Approve the Plans and Specifications and authorize the Department of Public Works
to solicit construction bids for the Slurry Seal Project - FY2003-2004 - Project No.
PW04-03.
10
Approval of Amendment No.4 to the Aqreement between the City and Michael Brandman
Associates to provides Professional Environmental Enqineerinq Services for the Wolf
Vallev Creek Channel. Pechanqa Parkwav Phase IIA Improvements. Proiect No. PW99-
11SD
RECOMMENDATION:
10.1 Approve Amendment No.4 to the agreement with Michael Brandman Associates to
provide professional engineering services for the Pechanga Parkway Phase II
Improvements, Project No. PW99-11, for an amount not to exceed $9,950.00, and
authorize the Mayor to execute the agreement.
11
Records Destruction
RECOMMENDATION:
11.1 Approve the scheduled destruction of certain City records in accordance with the
City of Temecula approved Records Retention Policy.
12
Expenditure of Local Law Enforcement Block Grant (LLEBG) Funds
RECOMMENDATION:
12.1 Approve the expenditure of Local Law Enforcement Block Grant Funds and local
match funds in the amount of $35,866 for the purchase of police equipment.
13
Resolution of Support for Proposition No. 55
(At the request of Councilman Washington)
RECOMMENDATION:
13.1 Adopt a resolution entitled:
RESOLUTION NO. 04.20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING PROPOSITION NO. 55 WHICH
PROVIDES COMMUNITIES MATCHING STATE FUNDS TO
BUILD NEW LOCAL SCHOOLS AND REPAIR SCHOOLS
(Pulled for separate discussion; see page 6-7.)
R:IMinutesIO22404
5
I
I
I
14
Resolution of Support for Proposition Nos. 57 and 58
RECOMMENDATION:
14.1 Adopt a resolution entitled:
RESOLUTION NO. 04.21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING PROPOSITION NOS. 57 AND 58
WHICH SUPPORT BALANCING THE STATE BUDGET AND
PREVENTING FUTURE DEFICITS
15
Support of Assemblv Bill 488 (Parra) - Enhancement of Meqan's Law and Public
Information Dissemination
(At the request of Mayor Naggar)
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 04-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING ASSEMBLY BILL 488 (PARRA)
WHICH PROVIDES PUBLIC DISSEMINATION OF SEX
OFFENDER INFORMATION PURSUANT TO MEGAN'S LAW
SHALL OCCUR THROUGH AN INTERNET WEBSITE
OPERATED BY THE DEPARTMENT OF JUSTICE (DOJ)
(Pulled for separate discussion; see pages 7.)
MQI!.QH: Councilman Washington moved to approve Consent Calendar Item Nos. 1-12, and 14
(Item Nos. 13 and 15 were pulled for separate discussion; see pages 6-7.) Mayor Pro Tem
Comerchero seconded the motion and electronic vote reflected approval with the exception of
Councilman Stone who was absent.
CONSENT CALENDAR ITEMS DISCUSSED UNDER SEPARATE DISCUSSION
13
Resolution of Support for Proposition No. 55
(At the request of Councilman Washington)
RECOMMENDATION:
13.1
Adopt a resolution entitled:
RESOLUTION NO. 04-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING PROPOSITION NO. 55 WHICH
PROVIDES COMMUNITIES MATCHING STATE FUNDS TO
BUILD NEW LOCAL SCHOOLS AND REPAIR SCHOOLS
R:IMinuteslO22404
6
I
I
I
Senior Management Analyst Adams presented the staff report (as per agenda material),
advising that the School District has requested the City's support of Proposition No. 55.
Addressing the importance of supporting this particular School Bond Measure, Councilman
Washington advised that the funding to the District, through this proposition, would be utilized to
complete the fourth high school in the City as well as other needed renovationslupgrades to
existing schools. In closing, Mr. Washington noted that material with regard to this proposition
may be attained from the Chamber of Commerce.
MOTION: Councilman Roberts moved to approve staff recommendation. The motion was
seconded by Mayor Pro Tem Comerchero and electronic vote reflected approval with the
exception of Councilman Stone who was absent.
15
Support of Assemblv Bill 488 (Parra) - Enhancement of Meaan's Law and Public
Information Dissemination
(At the request of Mayor Naggar)
RECOMMENDATION:
15.1
Adopt a resolution entitled:
RESOLUTION NO. 04.22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING ASSEMBLY BILL 488 (PARRA)
WHICH PROVIDES PUBLIC DISSEMINATION OF SEX
OFFENDER INFORMATION PURSUANT TO MEGAN'S LAW
SHALL OCCUR THROUGH AN INTERNET WEBSITE
OPERATED BY THE DEPARTMENT OF JUSTICE (DOJ)
Senior Management Analyst Adams presented the staff report (of record).
Relaying his appreciation to the City Council for its support of these efforts, Mr. Rick Reiss,
43602 Modena Drive, commented on the information provided on the website of the City of San
Jose and requested that Riverside County be able to provide same information such as name,
address, picture, and criminal history of the high-risk sex offender.
In response to Mr. Reiss' comment, Councilman Roberts requested that staff determine if there
were any Senators in opposition to the proposed Assembly Bill and if there were, that lobbying
efforts be initiated in an effort to obtain support.
Although supporting the Assembly Bill as well as the proposed resolution, Mr. Roberts
expressed concern with the proposed sunset clause date of July 1, 2010.
Echoing Councilman Roberts' comment, Mayor Pro Tem Comerchero requested that the sunset
clause date of July 1, 2010 be eliminated.
MQI!.QH: Mayor Pro Tem Comerchero moved to approve staff recommendation with the
amendment to delete the July 1, 2010 sunset clause date. The motion was seconded by
Councilman Roberts and electronic vote reflected approval with the exception of Councilman
Stone who was absent.
R:IMinuteslO22404
7
I
I
I
At 7:48 P.M., the City Council convened as the Temecula Community Services District and the
Temecula Redevelopment Agency and after a short recess, at 8:00 P.M., the City Council resumed
with regular business.
COUNCIL BUSINESS
16
Diaz Road Realianment Proiect. Proiect No. PW95-27. Resolution of Necessitv - Rancho
California Business Park Association (APN 921-020-075)
RECOMMENDATION:
16.1 Hold a public hearing and take testimony from the members of the Rancho
California Business Park Association or their representatives if they ask to be heard
on issues A, B, C, and D set forth below regarding the proposed acquisition of the
Covenants, Conditions, and Restrictions by condemnation for street improvement,
road, and highway purposes in connection with the proposed Diaz Road
Realignment Project;
16.2 Review the evidence stated and referred to herein and consider all the evidence,
including any testimony received during the public hearing, prior to deciding whether
to adopt a Resolution of Necessity;
If the City Council finds, based on its consideration of the evidence contained and referred
to in this staff report, the testimony and comments received during the public review and
planning process, all other testimony that may be presented, and all other evidence and
records pertaining to this matter, that the evidence warrants the necessary findings as to
the proposed Resolution of Necessity, then staff recommends that the City Council, in the
exercise of its discretion, and upon taking a separate vote on each proposed resolution:
16.3 Adopt a Resolution of Necessity and authorize and direct that eminent domain
proceedings be filed to acquire the subject encumbrances;
RESOLUTION NO. 04--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND
AUTHORIZING THE ACQUISITION THEREOF, IN
CONNECTION WITH THE REALIGNMENT OF DIAZ ROAD
17
Diaz Road Realianment Proiect. Proiect No. PW95-27. Resolution of Necessitv Morter
Familv Trust (APN 921-040-028)
RECOMMENDATION:
17.1 Hold a public hearing and take testimony from the property owners or their
representatives if they ask to be heard on issues A, B, C, and D set forth below
regarding the proposed acquisition of the Morter Family Trust Property by
condemnation for street improvement, road, and highway purposes in connection
with the proposed Diaz Road Realignment Project;
R:IMinuteslO22404
8
I
I
I
17.2 Review the evidence stated and referred to herein and consider all the evidence,
including any testimony received during the public hearing, prior to deciding whether
to adopt a Resolution of Necessity;
If the City Council finds, based on its consideration of the evidence contained and referred
to in this staff report, the testimony and comments received during the public review and
planning process, all other testimony that may be presented, and all other evidence and
records pertaining to this matter, that the evidence warrants the necessary findings as to
the proposed Resolution of Necessity, then staff recommends that the City Council, in the
exercise of its discretion, and upon taking a separate vote on each proposed resolution:
17.3 Adopt a Resolution of Necessity and authorize and direct that eminent domain
proceedings be filed to acquire the subject property;
RESOLUTION NO. 04--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND
AUTHORIZING THE ACQUISITION THEREOF, IN
CONNECTION WITH THE REALIGNMENT OF DIAZ ROAD
18
Diaz Road Realianment Proiect. Proiect No. PW95-27. Resolution of Necessitv Massie
Familv Trust Property (APN 921-020-039)
RECOMMENDATION:
18.1 Hold a public hearing and take testimony from the property owners or their
representatives if they ask to be heard on issues A, B, C, and D set forth below
regarding the proposed acquisition of the Massie Family Trust Property by
condemnation for street improvement, road, and highway purposes in connection
with the proposed Diaz Road Realignment Project;
18.2 Review the evidence stated and referred to herein and consider all the evidence,
including any testimony received during the public hearing, prior to deciding whether
to adopt a Resolution of Necessity;
If the City Council finds, based on its consideration of the evidence contained and referred
to in this staff report, the testimony and comments received during the public review and
planning process, all other testimony that may be presented, and all other evidence and
records pertajning to this matter, that the evidence warrants the necessary findings as to
the proposed Resolution of Necessity, then staff recommends that the City Council, in the
exercise of its discretion, and upon taking a separate vote on each proposed resolution:
18.3 Adopt a Resolution of Necessity and authorize and direct that eminent domain
proceedings be filed to acquire the subject property;
RESOLUTION NO. 04--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND
AUTHORIZING THE ACQUISITION THEREOF, IN
CONNECTION WITH THE REALIGNMENT OF DIAZ ROAD
R:IMinuteslO22404
9
City Attorney Thorson provided the staff report (as per agenda material).
Further commenting on this project, Public Works Director Hughes noted the following:
I
.
.
I .
.
.
.
.
That this project has been planned for approximately six years;
That because of concems of accidents at the Rancho California RoadlBusiness Park
Drive intersection and because of the continual growth of the industrial park, a signal will
be placed at Business Park Drive; that the placement of this signal, because of the
existing signal at Diaz RoadlRancho California Road intersection, will actually
compromise the integrity, volume, and capacity of the Rancho California RoadlOld Town
Front Street intersection;
That the new signal (Business Park Drive) is a needed signal but that it would not be
desirous to compromise the integrity or capacity of Rancho California Road; therefore, a
variety of capacity improvements have been started in an effort to improve this corridor,
such as:
0 Install a signal at Business Park Drive/Rancho California Road
0 Realign Diaz Road from its existing location to the Business Park Drive location
and remove the signal at Diaz Road which otherwise would double the stacking
distance for vehicles traveling eastbound on Ranch California Road
0 Construct the Rancho California Bridge over Murrieta Creek and the addition of
lanes to improve capacity
0 Add lanes east of Old Town Front Street to the southbound ramps.
That these improvements will assist with the level of service at the intersections as well
as traffic circulation;
That although the City was fortunate in being able to construct the Low Flow Crossing at
Via Montezuma, the Flood Control Project will be proceeding which may result in the
loss of use of the Low Flow Crossing; therefore, desirous of further ensuring capacity on
Rancho California Road;
That because of the visibility of this project, most of the involved property owners and
the Business Park Association approached the City prior to offers being made;
That this project as well as other improvements will ensure that the City will be able to
keep up with the continual development of the Business Park on the north and south
sides;
That the primary concern raised with regard to this project pertains to change of driving
patterns;
That the proposed land acquisitions are minor considering the scope of the project and
that no structures will be included in the acquisition, only land.
.
.
Further reviewing the process of acquiring property through eminent domain and in response to
the Cjty Councilmembers, Public Works Director Hughes responded as follows:
I
.
That the northbound lanes on Diaz Road will be maintained at the existing location (free
right-turn movement); that the westbound vehicle entry to Business Park, traveling north
on Diaz Road, the driver will no longer have to wait for a signal movement; that a lane on
the bridge will accommodate that right-turn movement;
That offers were sent to the two fee parcels in 2002;
That the signals are currently out to bid;
That, in the City's opinion, this matter has come to a condemnation hearing not because
of monetary issues but primarily because the property owners are not desirous of the
project and, therefore, the City may not be able to mitigate the owners concerns;
That if the City were to take the requested action, negotiations would proceed
throughout the entire process in an effort to settle out of court;
That currently no time schedule has been set for the Western Bypass tie-in.
.
.
.
.
R:IMinutesI022404
10
I
I
I
City Attorney Thorson further reiterated that the City would continue its negotiations, noting that
the City has initiated this process for approximately 50 parcels over the past several years; and
that none have gone to trial. Mr. Thorson advised that the City Clerk had received a letter
today, dated February 24, 2004, from Kendall MacVey of Best Best & Krieger, expressing views
with respect to the properties owned by Global Outdoors, Inc., Musk Ox Properties, Ltd.,
Outdoor Channel Holdings, Inc., Outdoor Channel, and the Massie Family, noting that copies
have been distributed to the City Council and that Mr. Hughes' comments have addressed the
issues raised in his letter.
Mr. Peter Racobs of Fiore, Racobs & Powers, representing the Business Park Association,
addressed the information provided in the staff report as well as the overall project and
commented on the proposed mitigation measures, noting the following:
.
That the Business Park Association does in fact have the authority to approve a use not
expressly permitted nor expressly prohibited under the CC&Rs;
That the primary concern would be traffic circulation but that compensation would as well
be an issue; that the City Council would not be able to make a required finding with
regard to the City making an offer to each compensable property owner with the
Association; that the City has only made an offer to the Association;
That versus spending money on lawsuits, the City should be utilizing such monies to
improve traffic circulation within the area of discussion and install a traffic signal at the
western intersection of Business Park Drive.
.
.
In response to Mr. MacVey's comments, Mr. Michael Yoshiba, attorney representing the City,
noted the following:
.
That the Association would be the organization with the decision authority for the
Association members; that an offer has been made to the Association, which, in turn,
has the ability to notify each and every business park owner; that if litigation were to
proceed, each business park member would be named as claimants for compensation;
That the City has the responsibility to notify the owner of record and the decision-making
body of the CC&Rs;
That a majority vote of the members of the Association would be necessary as to how to
proceed.
For Councilman Roberts, Mr. MacVey confirmed that the City is a member of the Rancho
California Business Park Association.
Mr. Robert Sieja, President/CEO of Western Eagle Foundation, provided a brief descriptjon of
the services and support provided by Western Eagle Foundation; expressed concern with this
project limiting accessibility to the Western Eagle property from Diaz Road by way of a left-hand
turn; requested that a second driveway be constructed and that left-hand turn movements into
and from Western Eagle onto Diaz Road be permitted.
By way of overheads, Mr. Jerry Morter, Fullerton, addressed accessibility to his property
(Western Eagle Foundation); commented on the loss of valuable frontage (approximately
13,000 square feet); advised that currently he has only one driveway to access his five-acre
parcel; opposed the raised median; suggested that the proposed expansion be moved to the
right side of Diaz Road (creek side) and, thereby, eliminating the need to impact property
owners; and echoed that traffic circulation would be a primary concern but that compensation
would be a concern as well.
R:IMinutes1022404
11
I
I
I
Reiterating his past opposition to the Diaz Road Realignment Project, Mr. Sam Pratt, 40470
Brixton Cove, stated that, in his opinion, the project would violate the California Environmental
Quality Act (CEQA).
In response to comments made, Public Works Director Hughes stated the following:
.
That mitigation measures such a landscaping, irrigation, replacement of monument
signs, etc. will be fully addressed;
That the signal west of Business Park Drive at Rancho California Road has been ranked
as a low priority and would not be viewed as a direct connection to this project;
That because of the existing curvature of Diaz Road, a left-turn into Western Eagle
would create a compromised site distance concern;
That as per the City's Circulation Element Plan, a raised median is necessary on Diaz
Road; that the existing driveway for Western Eagle Foundation would be reconstructed
and widened to ensure a radius that would permit effective maneuvering for trucks and
trailers;
That moving the proposed expansion closer to the creek side would not be feasible
because of the curvature and radius of the road and, thereby, making it unacceptable for
the design speeds for this road;
That although offers have been made, the City would be willing to continue negotiations
with regard to compensation;
That the proposed project would not change the travel patterns on Pujol Street;
That the feasibility of a second driveway would have to be explored.
.
.
.
.
.
.
For Councilman Washington, Mr. Hughes further commented on the location of the existing
driveway as well as the proposed improvements; noted that the planned median would extend
further north of the existing driveway; and that U-turns would be permitted at the Rancho Way
Road/Diaz Road signal.
Further commenting on the current and the proposed ingress/egress movements for Western
Eagle Foundation, Public Works Director Hughes, for Mayor Pro Tem Comerchero, stated that
the existing driveway is very narrow; that trucks currently cross the centerline while making a
right-turn movement from Western Eagle property; that access to the Western Eagle Foundation
would be achieved through Winchester Road, south on Diaz Road, and right-turn movement
onto the property; that the current left-turn movement from Western Eagle Foundation is not a
desirable situation; and that egress from the Western Eagle property would be achieved by a
right-turn movement onto Diaz Road, to Rancho California Road, and then to the freeway. With
regard to the installation of a signal at the west end of Business Park Drive, Mr. Hughes noted
that this signal will either be installed by the City because it has been placed on a priority list or
if the Association were to decide to install it, noting that the cost of such a signal would be
approximately $150,000 and that other than cost, there would not be a detriment to traffic if this
signal were installed.
Councilman Roberts expressed concern with trucks having the ability of U-turn movements at
Rancho Way; with there not being a deceleration nor an acceleration lane on Diaz Road; and
with Western Eagle Foundation property having only one driveway. He suggested the
possibility of two driveways- one for ingress and one for egress.
In response to Mr. Roberts' concern, Public Works Director Hughes noted that the proposed U-
turn movement would be no different than any other City location; advised that the signal at
Rancho Way and Diaz Road as well as the U-turn movements was as a result of negotiations.
Mr. Hughes stated that the Diaz Road widening project would extend to the Low Flow crossing.
With regard to a second driveway, he expressed a safety and site distance concem.
R:IMinutes1022404
12
I
I
I
Councilman Washington suggested that a second driveway access, between the buildings on
Business Park Drive, be explored.
City Attorney Thorson, for Councilman Washington, noted that the Business Park Association
would be the correct entity for this type of an eminent domain action.
Although the proposed project will inconvenience some property owners, Mayor Pro Tem
Comerchero, echoed by Councilman Roberts, stated that those inconveniences would not be to
the level of the improvements made for the general good of the City. Mr. Comerchero
expressed concern with the impact this project may have on the daily activities of the Western
Eagle Foundation and, therefore, requested that more detailed drawings of the newly proposed
driveway be presented to the Council and that the construction of a second driveway be further
explored and, therefore, suggested that this matter be continued for 30 days.
Strongly emphasizing the need for this project in order to address public safety impacts and the
need to proceed in a timely fashion, Councilman Washington relayed his desire to proceed with
the recommended action and to encourage the City to further negotiate in an effort to lessen the
impact to Western Eagle Foundation.
City Attorney Thorson advised that if the Council were to take the requested action, litigation
would be filed but that negotiations with the property owners would continue.
Reiterating that the City will continue its negotiations, Public Works Director Hughes advised
that the needed amount of square footage may not be amended, noting that the requested
square footage is needed to complete this project. Mr. Hughes requested that the City Council
make the findings of necessity for the acquisition process, advising that, at this time, the Council
is not being asked to approve the design of the project.
Echoing Councilman Washington's comments to proceed and take the necessary action with
the understanding that negotiations will continue, Mayor Naggar commented on the benefits of
this project being for the greater good of the entire City.
Councilman Roberts concurred with a 30-day continuance.
In light of the importance of this project and the importance of the City Council having a comfort
level in the overall project, City Manager Nelson stated that the City may proceed this evening
and negotiations would continue or the Council may choose to continue this item for 30 days in
order to allow the opportunity to provide additional information.
MOTION: Councilman Washington moved to continue Item Nos. 16, 17, and 18 to the March
16, 2004 City Council meeting. The motion was seconded by Mayor Pro Tem Comerchero and
electronic vote reflected approval with the exception of Councilman Stone who was absent.
It was suggested that a Council subcommittee be formed to address this matter on which
Councilman Washington offered to serve.
Having been dealing with this matter for several years, both Mayor Pro Tem Comerchero and
Councilman Roberts requested to serve on this subcommittee.
MOTION: Mayor Pro Tem Comerchero moved to appoint Mr. Roberts and Mr. Comerchero to
serve on this subcommittee. The motion was seconded by Councilman Roberts and electronic
vote reflected approval with the exception of Councilman Stone who was absent.
R:IMinutes1022404
13
19
PubliclTraffic Safety Commission Appointment
I
RECOMMENDATION:
19.1 Appoint one applicant to serve on the PubliclTraffic Safety Commission for an
unexpired term through October 10, 2004.
City Clerk Jones briefly summarized the staff report (of record).
Echojng Councilman Roberts' comment, Mayor Pro Tem Comerchero relayed his support of
appointing Mr. Paul Jacobs.
Both Mayor Naggar and Councilman Washington as well expressed their support of the
appointment of Mr. Paul Jacobs.
MOTION: Councilman Roberts moved to appoint Mr. Paul Jacobs to the PubliclTraffic Safety
Commission. The motion was seconded by Mayor Pro Tem Comerchero and electronic vote
reflected approval with the exception of Councilman Stone who was absent.
DEPARTMENTAL REPORTS
No additional comments.
CITY MANAGER'S REPORT
I
No comment.
CITY ATTORNEY'S REPORT
City Attorney Thorson advised that as per the Brown Act, there were no items to report under
Closed Session, noting that the real property items, if successful in negotiations, will be
forwarded to the City Council in Open Session at the next meeting and advising that the City
Council provided direction with respect to the two litigation matters.
ADJOURNMENT
At 9:41 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday,
March 16, 2004, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive,
Temecula, California.
.....
I
~
R:IMinutes1022404
14