HomeMy WebLinkAbout041304 CC Minutes
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MINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
APRIL 13, 2004
The City Council convened in Closed Session at 6:15 P.M. and in Open Session at 7:01 P.M.,
on Tuesday, April 13, 2004, in the City Council Chambers of Temecula City Hall, 43200
Business Park Drive, Temecula, California.
Present:
5
Councilmembers:
Comerchero, Roberts, Stone, Washington, and
Naggar
Absent:
0
Council member:
None
PRELUDE MUSIC
The prelude music was provided by Joanne Algier
INVOCATION
The invocation was given by Pastor Randy Ponder of Lamb of Life
ALLEGIANCE
The flag ceremony was presented by Councilman Roberts.
PRESENT A TION/PROCLAMA TIONS
National Crime Victim's Riahts Week Proclamation
Ms. Camille Dudek accepted the proclamation and invited the viewing public to the Victims' Rights
Celebration on Wednesday, April 21, 2004, at 12:00, in front of Courtside on Auld Road in Murrieta.
California Park and Recreation Societv Presentation
Ms. Karen Reams, Region No.4 representative for the Board of Directors for the Park and
Recreation Society, honored the City with two Awards of Excellence for 2003 for the Summer
Sunset Film and Concert Series Logo and the Marketing Theme Campaign for the Erie Stanley
Gardner Murder Mystery weekend.
Temecula Vallev Women's Club Presentation
On behalf of the Temecula Valley Women's Club, Ms. Linda Woods presented a check to the City in
the amount of $10,000 for the Children's Museum; provided a brief overview of the organization's
fundraising efforts, commenting on the Home Tour and noting the this year will be the 20th
anniversary of the Home Tour.
Mayor Pro Tem Comerchero extended his appreciation of the organization's generosity.
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Temecula Vallev Garden Club Proclamation
With appreciation, Ms. Felicia Hogan and Ms. Suzanne Puma accepted the proclamation and
invited the City Council and the viewing public to 19th anniversary Flower Show at the Mary Phillips
Senior Center on April 24, 2004, noting that the admission will be free.
PUBLIC COMMENTS
A.
Mr. Sam Pratt, 40470 Brixton Cove, commented on the World Health Organization.
B. Advising that the Great Tractor Race has lost the use of its current site, Mr. Jack Kay,
40200 Paseo Sereno, Chairman of Southwest Events, requested the City's assistance in finding
a new location, commenting on the site bordered by Jefferson Avenue and Cherry Avenue and
advising that Flood Control has been contacted.
Mayor Naggar suggested that a representative of the organization contact the City
Councilmembers.
C. Addressing the red light abuse problem throughout the City, Mr. John Dedovesh, 39450
Long Ridge, recommended the possibility of exploring the use of red light cameras, noting that
additional enforcement will not resolve the issue.
D. Mr. Mike Bouris, 33801 Zeiders, Menifee, owner of property located on the southwest
corner of Jefferson Avenue and Winchester Road, expressed concern with the lack of property
value increase within the last three years.
CITY COUNCIL REPORTS
A. Having had the opportunity to provide a tour of the Children's Museum to the Mayor of
Anaheim and his wife as well as other representatives from the City of Anaheim, Councilman
Roberts commented on the enthusiasm expressed by those individuals.
As Vice President of the Southern California Association of Governments, Mr. Roberts
commented on the Regional Transportation Plan, noting that this plan will plan for the next 25
years; that the plan is adopted every three years; and that it encompasses the entire Southern
California area.
With regard to the LNG/CNG Fueling Station (Consent Calendar Item No. 13),
Councilman Roberts advised that sufficient local monies are available to proceed with this
project.
B. Having attended the Groundbreaking Ceremony of the Old Town Community Theater,
Mayor Pro Tem Comerchero advised that the theater should be open mid year next year and
commented on the promises that will be achieved in Old Town through this theater, the
Children's Museum, and the new restaurant.
In an effort to make the final determination on whether the rate fee is too high or the
existing route is a problem, Mr. Comerchero advised that the RT A Commuter Link Bus Route
rider ship fee from the City to Oceanside will be decreased from $4.00 to $1.00.
Mr. Comerchero expressed his sincere sympathy to Mr. Bill Harker for the loss of his
wife, Evelyn Harker.
In memory of Mrs. Evelyn Harker, Mayor Naggar called a moment of silence.
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C. Commenting on the City's current road improvements, Mayor Naggar advised that as
much of the work possible is being completed at night in an effort to mitigate impacts, noting
that some of the work must be completed during the day and, therefore, requested the
residents' patience.
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 February 28, 2004;
2.2 Approve the minutes of March 16, 2004.
3
Resolution approvina List of Demands
RECOMMENDATION:
3.1
Adopt a resolution entitled:
RESOLUTION NO. 04-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
4
Citv Treasurer's Report as of Februarv 27.2004
RECOMMENDATION:
4.1
Receive and file the City Treasurer's Report as of February 27, 2004.
5
Substitute Aareements and Bonds for Public Improvements in Tract No. 29133 (located
east of Ynez Road and north of Santiaao Road)
RECOMMENDATION:
5.1
Accept substitute Subdivision Improvement Agreement and Subdivision Faithful
Performance and Labor and Materials Bonds as security for improvements and
labor and materials for Tract Map No. 29133;
5.2 Accept substitute Subdivision Monument Agreement and Subdivision Monument
bond as security for monumentation for Tract Map No. 29133;
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5.3 Authorize the release of the existing Faithful Performance and Monumentation
Bonds (in the form of Certificate of Deposits) for Tract Map No. 29133;
5.4
Direct the City Clerk to so advise the developer and surety.
6
Authorize Temporarv Street Closures for portions of Butterfield Staae Road and Calle
Chapos for installation of Rancho California Water District Transmission Mains
RECOMMENDATION:
6.1
Approve the temporary street closures for portions of Butterfield Stage Road and
Calle Chapos;
6.2 Adopt a resolution entitled:
RESOLUTION NO. 04-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA AUTHORIZING A TEMPORARY
STREET CLOSURE FOR PORTIONS OF BUTTERFIELD
STAGE ROAD AND CALLE CHAPOS (AS SHOWN ON THE
ATTACHED EXHIBITS A AND B) FOR A DURATION OF UP TO
30 DAYS TO ALLOW FOR WATER TRANSMISSION MAIN
CONSTRUCTION
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AII-Wav Stop Control - Meadows Parkwav and Roval Oaks Drive
RECOMMENDATION:
7.1
Adopt a resolution entitled:
RESOLUTION NO. 04-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING AN ALL-WAY STOP CONTROL
AT THE INTERSECTION OF MEADOWS PARKWAY AND
ROYAL OAKS DRIVE
(Considered under separate discussion; see page 5.)
8
ACQuisition Aareement for the Communitv Theatre - Proiect No. PW02-23
RECOMMENDATION:
8.1
Approve and authorize the City Manager to execute in substantially the form
attached hereto the Purchase and Sale Agreement between City of Temecula and
Dennis G. and Patricia A. Munyon Family Trust for the acquisition of certain real
property in the amount of $107,000.00 plus the associated escrow fees;
Direct the City Clerk to record the document;
8.2
8.3 Adopt a resolution entitled:
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RESOLUTION NO. 04-40
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
PERMITTED BY GOVERNMENT CODE SECTION 27281
9
Approval of Plans and Specifications and authorization to Solicit Construction Bids for
Jefferson Avenue Pavement Rehabilitation Phase II from approximatelv 650 feet south
of Overland Drive to Rancho California Road - PW02-26
RECOMMENDATION:
9.1
Approve the Construction Plans and Specifications and authorize the Department of
Public Works to solicit construction bids for the Jefferson Avenue Pavement
Rehabilitation - Phase II from approximately 650 feet south of Overland Drive to
Rancho California Road; Project No. PW02-26.
10
Professional Services Aareement for Geotechnical and Material Testina Services - LOR
Geotechnical Group. Inc.. Pechanaa Parkwav Phase IIA Storm Drain Improvements -
Proiect No. PW99-11SD
RECOMMENDATION:
10.1 Approve an agreement with LOR Geotechnical Group, Inc. in an amount not to
exceed $78,690.00 to provide as needed geotechnical and material testing services
for the Pechanga Parkway Phase IIA Storm Drain Improvements - Project No.
PW99-11 SD - and authorize the Mayor to execute the agreement;
10.2 Authorize the City Manager to approve amendments to the agreement not to exceed
the contingency amount of $7,869.00, which is equal to 10% of the agreement
amount.
11
Award the Construction Contract for Proiect No. PW04-03 - Slurrv Seal Proiect - FY
2003-
RECOMMENDATION:
11.1 Award a construction contract for Project No. PW04-03 Slurry Seal Project, FY
2003-2004, to American Asphalt South, Inc. in the amount of $515,669.89 and
authorize the Mayor to execute the contract;
11.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $51 ,566.99, which is equal to 10% of the contract amount.
12
Implementation of Geoaraphic Information Svstems (GIS)/Global Positionina Svstem
(GPS) in Police Vehicles
RECOMMENDATION:
12.1 Approve a Pilot Evaluation of GIS/GPS in Police Vehicles.
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13
LNG/CNG Fuelina Station Fundina
RECOMMENDATION:
13.1 Designate $150,000 of AB 2766 funds as a cost share toward the public access
natural gas fueling station planned at the corner of Diaz Road and Rancho Way;
13.2 Authorize the City Manager to enter into any agreement as deemed necessary with
Down's Commercial Fueling and/or State of California on the utilization of AB 2766
funding.
14
Contract Inspection Services for Buildina and Safetv
RECOMMENDATION:
14.1 Approve an agreement for consultant services with P & D Consultants to provide
supplemental building inspection services to the Building and Safety Department in
an amount of $33,000.00;
14.2 Approve a 10% contingency in an amount of $3,300.00.
15
Opposition of AB 3007 (Plescia) Relatina to Open Meetinas
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 04-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA OPPOSING ASSEMBLY BILL 3007 (PLESCIA)
WHICH DELETES FROM THE BROWN ACT SUBJECTS THAT
MAY BE DISCUSSED IN CLOSED SESSION INCLUDING:
REAL PROPERTY NEGOTIATIONS, ANTICIPATED
LITIGATION, AND LIABILITY CLAIMS
16
Amendment to Sales Tax Audit Aareement
RECOMMENDATION:
16.1 Approve the Fourth amendment to the Sales Tax Consulting Services and Recovery
Agreement with Hinderliter De Llamas and Associates for $25,000;
16.2 Appropriate $25,000 in the Finance Department consulting services budget which is
funded by increased sales tax revenues;
16.3 Increase the sales tax revenue estimates by $167,000.
MOTION: Councilman Stone moved to approve Consent Calendar Item Nos. 1-6 and 8-13 (Item
No.7 was pulled for separate discussion; see page 7.). Councilman Roberts seconded the
motion and the electronic vote reflected unanimous approval.
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CONSENT CALENDAR ITEM CONSIDERED UNDER SEPARATE DISCUSSION
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AII-Wav Stop Control Meadows Parkwav and Roval Oaks Drive
RECOMMENDATION:
7.1
Adopt a resolution entitled:
RESOLUTION NO. 04-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING AN ALL-WAY STOP CONTROL
AT THE INTERSECTION OF MEADOWS PARKWAY AND
ROYAL OAKS DRIVE
Public Works Director Hughes presented the staff report (as per agenda material).
Expressing concern with the site distance as well as the existing speed limit, Ms. Carol Malin,
41507 Eagle Parkway, expressed her support of a stop sign but also requested the placement
of the a crosswalk at this location.
Relaying the City's procedure for the placement of crosswalks, Mr. Hughes commented on the
false sense of security that crosswalks provide.
For the safety of the children, Mayor Pro Tem Comerchero expressed his concern with installing
a stop sign without a crosswalk and, thereby, creating a dangerous situation and, therefore,
suggested staff explore alternatives to notify upcoming motorists of the approaching crosswalk.
Being aware of other locations where the City has installed a stop sign along with a crosswalk,
Councilman Roberts advised that he could support a crosswalk.
To ensure the safest possible intersection, Councilman Washington concurred with Public
Works Director Public Works Director Hughes' comment that crosswalks create a false sense of
security and expressed support of exploring alternatives but reiterated his concurrence with Mr.
Hughes.
MOTION: Mayor Pro Tem Comerchero moved to adopt Resolution No. 04-39 and that the matter
be readdressed within 60 days after the stop signs have been installed by the Public Traffic Safety
Commission for additional review. The motion was seconded by Councilman Washington and the
electronic vote reflected unanimous approval..
At 7:52 P.M., the City Council convened as the Temecula Community Services District and the
Temecula Redevelopment Agency. At 7:56 P.M., the City Council resumed with regular business.
COUNCIL BUSINESS ITEM CONSIDERED OUT OF ORDER
19
Veteran's Memorial
RECOMMENDATION:
19.1
Approve the Temecula Duck Pond as the location for the installation of the
Veteran's Memorial;
19.2
Approve the conceptual Master Plan for the Veteran's Memorial entitled "Letters
Home" created by artist Christopher Pardell;
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19.3
Approve the agreement between the City of Temecula and the artist Christopher
Pardell for the design, artistic development and sculpture elements of the
Veteran's Memorial entitled "Letters Home" in an amount of $178,307 with a 10%
contingency of $17,831 ;
19.4
Appropriate an additional amount of $110,435 from General Fund Undesignated
Fund Balance to the Veteran's Memorial project.
Community Services Director Parker highlighted the staff recommendation; provided an
overview of the RFQ proposal process; and introduced Mr. Christopher Pardell who, further by
way of a PowerPoint presentation, described the conceptual Master Plan of the Veterans'
Memorial (Letters Home)
Lieutenant Colonel Tyler, representing the Veterans of Foreign Wars, expressed her delight with
the proposed memorial and invited the City Council and the public to the Veterans Center
Ribbon Cutting Ceremony at 28075 Diaz Road, on Friday, April 16, 2004, at 4:00 P.M.
Honoring those veterans in attendance, Mr. David Micheal, 30300 Churchill Court, requested
the City Council's support of this lasting memorial; that a tree be planted along with the
placement of a plaque; that it be designated as the Liberty Tree; and that the plaque read as
follows: This memorial is for the men and women who had the courage to stand up for their
beliefs; answering a call of their Nation; and risking their lives to protect freedom - the People of
Temecula honor their deeds. In closing, Mr. Micheal commented on the pavers which may be
purchased through the local VFW, in honor of a veteran, and then placed on the paver walkway.
Comparing the proposed memorial comparable to the memorials in Washington, D.C., Mr.
Wayne Hall, 42131 Agena Road, encouraged that City Council's support of this project.
Commending artist Christopher Pardell on his ability to capture the City's intent, Mayor Pro Tem
Comerchero thanked the veterans' group for their input; expressed support of the proposed
language as recommended by the VFW; and concurred with the proposed recommendation.
Thanking the veterans for their service, Councilman Stone as well extended appreciation to
Mayor Pro Tem Comerchero for his efforts associated as Committee member addressing the
memorial. Having a concept of this memorial, Mr. Stone commended the artist for making it a
vision and for his ability to interpret the City's intent and supported the proposed
recommendation along with the proposed pavers.
Having as well recently visited the memorials in Washington, D.C., Councilman Roberts
commended the artist on a job well done; supported the proposed language; and thanked the
veterans for their contribution.
Mayor Naggar advised that the proposed monument will be paid for through development
impact fees (art in public places). Expressing his enthusiasm with the artist's story of this
memorial, Mr. Naggar requested that this story be attached to a photo and placed at City Hall.
In an effort to maintain the artistic integrity of this memorial, Mayor Pro Tem Comerchero
suggested that a paver, honoring a fallen veteran, be inscribed with specific insignia.
MOTION: Mayor Pro Tem Comerchero moved to approve the staff recommendation along with
the proposed dedication language as submitted by the Veterans and to incorporate the artist's
story along with a photo of the memorial at City Hall. The motion was seconded by Councilman
Stone and the electronic vote reflected unanimous approval.
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In response to Councilman Stone, Community Services Director Parker advised that it would be
staffs intent to have this memorial installed by November 11, 2004.
At 8:37 P.M., the City Council convened as the Temecula Community Services District and the
Temecula Redevelopment Agency. At 8:50 P.M., the City Council resumed with regular
business.
Due to not feeling well, Councilman Washington went home and was not in attendance for the
remaining meeting.
RETURNED TO REGULAR AGENDA ORDER
PUBLIC HEARINGS
17
De Portola Road Planned Development Overlav (PA03-0721)
RECOMMENDATION:
17.1 Adopt a resolution entitled:
RESOLUTION NO. 04-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A NEGATIVE DECLARATION FOR A
GENERAL PLAN AMENDMENT, OFFICIAL ZONING MAP
AMENDMENT, AND AMENDMENTS TO THE OFFICIAL
ZONING MAP AND MUNICIPAL CODE ADOPTING THE DE
PORTOLA ROAD PLANNED DEVELOPMENT OVERLAY
ZONING DISTRICT (PLANNING APPLICATION 03-0721)
17.2 Adopt a resolution entitled:
RESOLUTION NO. 04-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE GENERAL PLAN AMENDMENT
FOR PROPERTY LOCATED WEST OF THE INTERSECTION
OF DE PORTOLA AND MARGARITA ROADS (PLANNING
APPLICATION 03-0721)
17.3 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 04-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE OFFICIAL ZONING MAP AND
MUNICIPAL CODE TO INCORPORATE THE DE PORTOLA
ROAD PLANNED DEVELOPMENT OVERLAY ZONING
DISTRICT (PLANNING APPLICATION NO. 03-0721)
Planning Director Ubnoske reviewed the staff report (as per agenda material), advising that the
Planning Commission had approved the proposed recommendation along with the following
amendments:
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To exclude the two parcels (Parcel Nos. 1 and 2 of the PDO map) in the northwest
corner of Margarita and De Portola Roads from the proposed rezone
To exclude the parcel north of De Portola Road (Parcel No.9 of the PDO map)
To increase rear yard setbacks adjacent to any residentially zoned property from 25' to
32'
To prohibit trash enclosures in the supplemental landscape areas which are adjacent to
any of the residentially zoned property
.
.
.
Although of the opinion that Parcel Nos. 3-8 would be appropriate to rezone as Professional
Office because of the proximity to Margarita Road and the future hospital, it was noted that the
Planning Commission expressed significant concern with further intruding into the residential
area north of De Portola Road and viewed De Portola Road as the logical division. It was noted
by staff that the owner of Parcel No.9 had requested to be included in the rezone after the
Commission had considered the matter and that no applications have been received with regard
to Parcel Nos. 1 and 2.
Conveying Los Ranchitos Homeowners Association's desire to retain the rural nature of De
Portola Road, Public Works Director Hughes advised that, as part of the Circulation Element,
De Portal Road will be designed as a rural collector road which will provide a high level of
carrying capacity but would not include hardscape improvements as in particular urban streets
such as street lights, sidewalks, curbs, gutters, median islands, etc.; that staff is currently
exploring a standard for this site as well as other locations to maintain a wide right of way such
as a trail/walking systems from the roadway and planted medians to divide the two directions of
traffic, advising that the review of such a standard should be completed with the Circulation
Element and the General Plan amendment, not with the proposal because the adoption should
be for the entire corridor not just these parcels. With regard to access needs, Mr. Hughes
advised that those issues are not determined until staff is aware of the type of project and that
the requested approvals for land uses also include constraints that access points will not be
approved unless completed in a manner approved by the City.
For Councilman Roberts, Planning Director Ubnoske noted that the hospital is currently in the
preapplication process and that access needs would be determined through a traffic study.
Considering the intense use of this site, Public Works Director Hughes noted that staff will
explore all options as to access through the preapplication process, advising that a traffic study
must be completed and methods of establishing trip generation factors are still under review.
In response to Councilman Stone, Chairman Connerton of the Public Traffic Safety Commission
not that half of the General Plan Advisory Committee concurred that Parcel Nos. 1 and 2 should
be included in the rezone with minimum access off De Portola Road and that the other half did
not.
For Mayor Naggar, Planning Director Ubnoske noted that, as per the PDO supplemental design
standards regarding access/circulation - a standard for non-residential development that
minimized the number of access points onto De Portola Road and the use of shared access
where possible; that Parcel Nos. 6, 7, and 8 will be the rear of the hospital and, therefore, will be
under hospital ownership; that plans indicate the construction of a wall which would further limit
access; and that no applications have been received for Parcel Nos. 3, 4, and 5 but that
language in the PDO will explore joint access.
At this time, the public hearing was opened.
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As a Vietnam War veteran, Mr. Kenneth Ray, 31647 Pio Pico Road, representing the Santiago
Ranchos Homeowners Association, relayed his appreciation of the Council's support of the
memorial. With regard to the proposed requests, Mr. Ray relayed the Association's support of
the Planning Commission's recommendation that De Portola be the dividing line between
commercial property to the south and residential neighborhoods on the north; opposed the
inclusion of Parcel Nos. 1 and 2 into the commercial overlay; and concurred with Los Ranchitos
Association's desire to retain the rural nature of De Portola Road and, therefore, limit
commercial access from Parcel Nos. 3 - 8.
Mr. Larry Markham, 30105 Cabrillo, representing the Los Ranchitos Homeowners Association,
expressed the Association's support of the proposed change and concurred with the Planning
Commission's recommendations and requested that the following verbiage be amended in the
Development Standards Table: landscape buffering: landscaping shall include some mature
trees... and shall incorporate landscape buffered berms... and that the trail shall be
connected ...
Planning Director Ubnoske expressed no concern with the recommended verbiage.
Concurring with the proposed uses, Mr. Mike McNeff, 45627 Clubhouse Drive, representing
Valley Christian Fellowship - owners of Parcel No.3, relayed concern with maintaining the
marketability of this property as it pertains to ingress and egress, advising that the property is
currently for sale.
To ensure the viability of the hospital Mr. Lloyd Norris, 6821 Vianda Court, Carlsbad,
representing the owners of 43939 Margarita Road (Parcel No.1), requested that this parcel be
included in the rezone.
Ms. Nicolle Storman, 31531 Pio Pico Road, expressed concern with the visual and noise
pollution and its potential devaluation of the property; requested that a visually appealing wall be
constructed around her property and the hospital; and requested t hat an Impact Study (traffic
study) be completed and distributed to the residents.
In response to Ms. Storman, Public Works Director Hughes informed that once a project is
presented to staff, the completion of an analysis will be required.
Ms. Carol Marsden, 30955 De Portola Road, expressed concern with the devaluation of
properties.
At this time, the public hearing was closed.
Realizing the needs for a hospital facility in this City, Councilman Stone viewed De Portola Road
as the appropriate demarcation of the zone change; noted that because of the elementary
school across from Parcel Nos. 1, 2, and 9, commercial uses may not be appropriate; and,
therefore, relayed his support of not including Parcel Nos. 1, 2, and 9 in the rezone. With regard
to staffs recommendation to rezone Parcel Nos. 3-8, Mr. Stone concurred; expressed concern
with regard to ingress and egress; requested that the City explore mitigation measures to
minimize impacts; requested that projects be conditioned to mitigate traffic, noise, and safety
concerns; requested the use of mature trees only; and that the equestrian trails be preserved
and connected to the regional trail system.
Supporting the Planning Commission's recommendation, Councilman Roberts relayed his
opposition to rezoning Parcel Nos. 1 and 2.
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Prior to starting this process, Deputy City Manager Thornhill noted that the hospital has
volunteered to create a buffer between Parcel Nos. 6, 7, and 8 as well as any other desired
parcels.
Also supporting the Commission's recommendation, Mayor Pro Tem Comerchero as well
viewed De Portola Road as the natural demarcation line and, therefore, would not support the
rezoning of Parcel Nos. 1, 2, and 9 and expressed support of any mitigation measures
necessary to mitigate impacts.
Echoing his fellow Councilmembers' comments, Mayor Naggar reiterated the need for proper
mitigation measures to ensure adequate buffering; advised that because of ingress and egress,
he would envision a trail connection on the south side of De Portola Road. In response to Mr.
Naggar, Public Works Director Hughes noted that the General Plan designation for De Portola
Road is a secondary four-lane road, less than Margarita Road but similar to Meadows Parkway.
MOTION: Councilman Stone moved to adopt Resolution No. 04-42 and No. 04-43. Mayor Pro
Tem Comerchero seconded the motion and the electronic vote reflected approval with the
exception of Councilman Washington who was absent.
City Attorney Thorson introduce and read by title only Ordinance No. 04-03.
~: Councilman Stone moved to introduce Ordinance No. 04-03 with the following
amendments: Modify the text of the PDO to remove Footnote 2 from Table 17.22.198 as
the second sentence from Subsection 17.22.198B6; modify the test of the PDO Section
B3 to read as follows: ... landscaping shall include mature trees ranging from 24" to 48"
box in size and shall incorporate buffered landscape berms adjacent to residentially
zoned properties; modify the text of the PDO Section B6 to delete the following sentence:
except that structures located at the northwest corner of Margarita Road and De Portola
Road that are more than 100 feet from the property line may have a less residential
appearance; modify the test of the PDO Section B to add No.8 which shall read as
follows: Equestrian Trail - the existing trail west of this PDO Zone shall be continued
along De Porto/a Road to the intersection of Margarita Road and De Portola Road.
Councilman Roberts seconded the motion and the electronic vote reflected approval with the
exception of Councilman Washington who was absent.
18
Environmental Assessment rEA) 103 - Winchester Road Widenina
RECOMMENDATION:
18.1 Adopt a Mitigated Negative Declaration for EA-1 03 - the Winchester Road Widening
Project.
By way of a PowerPoint presentation, Public Works Director Hughes reviewed the staff report
(as per agenda material), relaying the Public Traffic Safety Commission's support of staffs
recommendation and noting the following:
That the median will stretch from Winchester Road to Richie's Diner driveway; that a
long left-turn pocket will be provided to allow for storage and to allow access to
commercial sites to the north, to permit U-turns, and to utilize the driveways which would
be reduced to right-turn in and out access;
. That other access westbound on Winchester Road may be obtain through the AM/PM
and through the commercial site to the west of AM/PM
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That an eastbound left-hand turn pocket will be provided at the north end of the median
to ensure cars may enter the sites on the east side of Jefferson Avenue.
Informing the City Councilmembers that the associated business owners had requested more
time to review possible options, Public Works Director Hughes advised that it would be staffs
goal to complete these improvements prior to the upcoming Holiday Season; noted that the
environmental approval is critical to complete the necessary acquisitions of three additional
parcels; and stated that streets with medians provide more capacity than those with no
medians. At this time, Mr. Hughes showed a video reflecting the unsafe movements that occur
at the area of discussion.
For Councilman Stone, Public Works Director Hughes noted that because of a capacity problem
with the single left-hand turn lane, the storage requirements for the double left-hand turn lane
should remain as proposed.
At this time, the public hearing was opened.
Commenting on the cut-through traffic on the back side of his property, Mr. Jack Williams,
41640 Yorba Avenue, owner of Richie's Diner, requested that the Council address this issue;
noted that seniors have a difficult time with the ingress/egress to this site; that the proposal
should include the widening of the Richie's Diner driveway; spoke in support of Mr. Markham's
recommendation; and expressed appreciation to Mr. Hughes and the Public Works Department
staff. In closing, Mr. Williams relayed his appreciation to the City for the proposed Veterans'
memorial.
Ms. Judith Burns, 465 South Mathilda Avenue, Suite 109, Sunnydale, owner of Jefferson Creek
Plaza, relayed her concern with the ingress and egress for this Plaza; commented on
associated safety concerns; and noted that left-hand turns out of the Plaza should be prohibited.
Ms. Carliene Anderson, 41623 Margarita Road, #100, representing Winchester Plaza
(Starbucks Center), requested that action on the proposal be continued for 30 to 60 days in
order to complete a traffic study and expressed a desire to determine the possibility of
shortening the double left-hand turns, traveling south, to allow a pocket to permit left-hand turns.
Advising that she could support a modified median, Ms. Anderson as well concurred with the
installation of a light.
Viewing the existing traffic problem one that exists more than two hours a day, Councilman
Roberts requested that a traffic analysis of the dates and times of injury and non-injury
accidents.
For Councilman Stone, Public Works Director Hughes clarified that even though the City
Council were to approve the Environmental Assessment, negotiations with regard to the
proposed medians may proceed and noted that without these medians, this project may not
proceed, advising that staff would continue to work with the business owners and traffic
engineers. .
Mayor Pro Tem Comerchero suggested to move forward with the proposed recommendation in
an effort to proceed in a timely fashion but to reagendize the item for the May 11, 2004, City
Council meeting in order for staff to explore possible options as a result of the traffic study.
Mr. David Thompson, 27315 Jefferson Avenue, Suite J, owner of Mail Mart, apprised the
Councilmembers of the direct impact this project would have on his business.
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Confirming that safety should be top priority, Ms. Dawn Fujiwara, 27309 Jefferson Avenue, A-
102, business owner at Jefferson Creek Plaza, stated that the elimination of left-hand turn
access out of the center would be detrimental; that her loss would be more the loss of new
business versus already established business; and concurred with the installation of a modified
median such as plastic barriers prior to the installation of a concrete barrier.
Mr. Larry Markham, 41635 Enterprise Circle, representing Ms. Anderson and Ms. Burns,
advised that traffic counts are being completed; suggested the installation of a driveway that
would be skewed versus off set to meet the Public Works Department criteria; expressed
concern with impacts as a result of the French Valley Interchange and the interconnect with
Caltrans signal and control on SR 79 North; expressed concern with the environmental
document making no reference to the Jefferson Avenue widening only to Winchester Road
widening; noted that land uses will divide an area; and commented on air quality, traffic, and
hazards as a result of U-turns on Jefferson Avenue.
In response to Councilman Stone, Mr. Markham agreed that the Mitigated Negative Declaration
may be adopted and that negotiations may continue in order to reagendize the matter for the
May 11, 2004, City Council meeting.
Advising that the median and stacking distance design is being designed to handle peak hour
problems as they currently exist, Public Works Director Hughes noted that other circumstances
such as SR 79 North, French Valley Interchange, etc. were considered during the design of this
project.
Commenting on the effectiveness of the Winchester Road median which was installed several
years ago, Councilman Roberts advised that since the installation of this median, accidents
have decreased and, therefore, he relayed his support of this project.
Reiterating everyone's goals to address the safety and circulation issues, Mayor Pro Tem
Comerchero supported the motion in order to provide adequate input and to create the best
solution.
In an effort to create the best possible solution that will benefit all those associated, Councilman
Stone viewed the existing problem as a circulation disaster and stated that measures will be
undertaken to ensure business integrity as well as the residents' safety.
MQ!!Qt!: Councilman Roberts moved to adopt the Mitigated Negative Declaration for this
project and to reagendize this item for the May 11, 2004, City council meeting in order to
discuss the completed traffic study. The motion was seconded by Mayor Pro Tem Comerchero
and the electronic vote reflected approval with the exceDtion of Councilman Washington who
was~.
COUNCIL BUSINESS
19
Opposition of SB 744 (Dunn) Plannina/Housina
(At the request of Mayor Naggar and Councilman Stone)
RECOMMENDATION:
19.1 Adopt a resolution entitled:
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RESOLUTION NO. 04-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA OPPOSING ASSEMBLY BILL 744 (DUNN) WHICH
TRANSFERS LOCAL LAND USE AUTHORITY TO THE STATE
ALLOWING THE CALIFORNIA DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT (HCD) THE AUTHORITY
TO OVERRULE LOCAL DECISIONS
Senior Management Analyst Adams presented the staff report (as per agenda material).
Advising that the County had unanimously opposed the passage of this bill, Councilman Stone
questioned why Senator Hollingsworth would support a bill of this nature.
Councilman Roberts noted that he has agendized the matter to be discussed at the May 6,
2004, Southern California Association of Governments Regional Council.
For Mayor Naggar, City Manager Nelson advised that Senator Hollingworth's office was notified
that the City Council would be discussing this matter but that the City has received no
communication from the Senator's office with regard to this bill and its potential impacts to the
City.
Mayor Naggar informed the residents that the proposed bill would be an unfunded mandate and
suggested that letters of support for the opposition of this bill be transmitted to other cities and
counties.
MOTION: Councilman Stone moved to adopt Resolution No. 04-44. The motion was seconded
by Councilman Roberts and the electronic vote reflect approval with the exceDtion of
Councilman Washington who was absent.
20
Veteran's Memorial
RECOMMENDATION:
20.1 Approve the Temecula Duck Pond as the location for the installation of the
Veteran's Memorial;
20.2 Approve the conceptual Master Plan for the Veteran's Memorial entitled "Letters
Home" created by artist Christopher Pardell;
20.3 Approve the agreement between the City of Temecula and the artist Christopher
Pardell for the design, artistic development and sculpture elements of the Veteran's
Memorial entitled "Letters Home" in an amount of $178,307 with a 10% contingency
of $17,831;
20.4 Appropriate an additional amount of $110,435 from General Fund Undesignated
Fund Balance to the Veteran's Memorial project.
(Discussed out of order; see pages 7-8.)
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CITY MANAGER'S REPORT
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No additional comments.
CITY ATTORNEY'S REPORT
With regard to Closed Session, City Attorney Thorson advised that there were no reportable
actions from Closed Session.
ADJOURNMENT
At 11 :15 P.M., the City Council meeting was formally adjourned to a regular meeting on
Tuesday, April 20, 2004, at 7:00 P.M., in the City Council Chambers, 43200 Business Park
Drive, Temecula, California.
ATTEST:
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