HomeMy WebLinkAbout011403 CC Minutes MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
JANUARY 14, 2003
The Open Session convened at 7:00 P.M., on Tuesday, January 14, 2003, in the City Council
Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California.
Present: Councilmembers: Comemhero, Naggar, Pratt, Roberts, Stone
Absent: Councilmember: None
PRELUDE MUSIC
The prelude music was provided by Margaret Bird.
INVOCATION
The invocation was given by City Manager Nelson.
Mayor Stone addressed the filed lawsuit against a Los Angeles City with regard to invocations,
noting that the matter was taken to the California Supreme Court; that the decision to not be
able to provide sectarian invocations at meetings was based on the California Constitution; that
if the City were to not adhere to this decision, the City may be sued as may the City
Councilmembers without the defense of the City treasury; that he nor the City Councilmembers
are in support of this decision but that only an amendment to the State Constitution would
change the decision; and that the City Councilmembers will be forwarding letters to the
Assemblyman and State Senator requesting their support of an amendment. Mr. Stone
encouraged those who are passionate about this matter to write as well.
ALLEGIANCE
The flag ceremony was presented by Councilman Comerchero.
PRESENTATIONS/PROCLAMATIONS
Presentation of Gavel by outqoinq Mayor Roberts to incominq Mayor Stone
At this time, outgoing Mayor Roberts presented the gavel to incoming Mayor Stone who, in turn,
presented to outgoing Mayor Roberts a gavel plaque for his dedication and efforts as Mayor.
Dr. John Husinq Presentation
Assistant City Manager O'Grady introduced Dr. Husing.
Commending the City on its current status, Dr. Husing referenced the City's demographic,
economic, and quality of life data (of record).
PUBLIC COMMENTS
Ms. Rebecca Weersing, 41775 Yorba Avenue, representing Friends of the Temecula Library,
apprised the City Council and viewing audience of a new community outreach program, starting
Sunday, February 19, 2003, at 2:00 P.M., in the Community Room, Sunday series for Inquiring
Minds.
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CITY COUNCIL REPORTS
A. Referencing information he has gathered for the preparation of a Summary Traffic and
Transportation Report, Councilman Pratt requested that the Mobility Coordinator from the City of
Santa Barbara be given the opportunity to make a presentation before this City Council and that
this request be agendized for the January 28, 2003, City Council meeting.
B. Commenting on the Citizen Corps Program, Councilman Naggar noted that he would
view this program as an expanded version of the Neighborhood Watch Program in that it would
include disaster relief and homeland security. Encouraging public participation, he advised that
the program would be introduced on Thursday, February 16, 2003, in the City Council Chamber.
Councilman Naggar requested that an Information Systems Inventory be completed
within the first quarter of this year. Clarifying his request, Mr. Naggar advised that the inventory
should include the infrastructure of the entire City as well as City Hall.
C. Councilman Comerchero welcomed Third District Supervisor Venable to the meeting.
Commenting on the California Public Utilities Commission's ruling against the San Diego
Gas and Electric, denying the Valley Rainbow Interconnect Project, Councilman Comerchero
thanked and commended the citizen group that took on this project - the Save Southwest
Riverside County (SSRC) - on an unbelievable job.
CONSENT CALENDAR
1 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 October 22, 2002;
2.2 Approve the minutes of October 29, 2002 (RCIP Workshop);
2.3 Approve the minutes of October 29, 2002 (Joint City Council/Planning Commission);
2.4 Approve the minutes of November 12, 2002.
3 Resolution Approving List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
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RESOLUTION NO. 03-01
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 November 30, 2002.
5 YMCA Ground Lease Aqreement
RECOMMENDATION:
5.1 Approve, in its substantial form, the Ground Lease Agreement between the City of
Temecula and the YMCA of Riverside City and County, Inc.
(Pulled for separate discussion; see page 5.)
6 Community Development Block Grant Application Proposals for FY 2003/04
RECOMMENDATION:
6.1 Approve the Community Development Grant (CDBG) funding recommendation from
the Finance Committee and staff;
6.2 Authorize the Director of Finance to execute Sub-recipient Agreements and to
reprogram CDBG funds in accordance with the current budget resolution for general
administration of the Fiscal Year 2003/04 Community Block Grant Funds.
(Pulled for separate discussion; see page 5-6.)
7 Award of Contract for P.C. Workstations
RECOMMENDATION:
7.1 Award a contract for Pentium based computer workstations to Tech 101- Arcus,
Inc., of Irvine, California, in the amount of $92.000.70.
8 Records Destruction Approval
RECOMMENDATION:
8.1 Approve the scheduled destruction of certain City records in accordance with the
City of Temecula approved Rec~;ds Retention Policy.
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9 French Valley Parkway/I-15 Overcrossing and Interchan.qe Improvements - Project Report
Preparation - Proiect No. PW02-11 - and French Valley Parkway Interim Southbound Off-
Ramp to Jefferson Avenue - Phase I Consultant Agreement
RECOMMENDATION:
9.1 Approve an agreement with Moffatt & Nichol Engineers in an amount not to exceed
$1,091,693.00 to provide the necessary design services needed to prepare a
Project Report (PR) and Environmental Documents (ED) for the French Valley
Parkway/I-15 Overcrossing and Interchange Improvements - Project No. PW02-11
- and Plans, Specifications and Estimate (PS&E) for the French Valley Parkway
Interim Southbound Off-Ramp to Jefferson Avenue - Phase I - and authorize the
Mayor to execute the agreement;
9.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of a $109,169.30 which is equal to 10% of the agreement
amount.
(Pulled for separate discussion; see page 6.)
10 Completion and Acceptance of Citywide A.C. Repair Proqram for FY02-03 - Project No.
PW02-04
RECQMMENDATION:
10.1 Accept the Citywide A.C. Repair Program for FY02-03 - Project No. PW02-04 - as
complete;
10.2 File a Notice of Completion, release the Performance Bond, and accept a one-year
Maintenance Bond in the amount of 10% of the contract;
10.3 Release the Materials and Labor Bond seven months after filing the Notice of
Completion if no liens have been filed.
11 Naming a Designated Recipient (DR) of Federal Urbanized Area (UZA) Formula Funds -
Federal Transit Administration's (FTA) Section 5307 Proqram
RECOMMENDATION:
11.1 Adopt a resolution entitled:
RESOLUTION NO. 03-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA RECOMMENDING THAT THE SOUTHERN
CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) BE
IDENTIFIED AS THE DESIGNATED RECIPIENT (DR) OF
FEDERAL URBANIZED AREA (UZA) FORMULA FUNDS FOR
THE TEMECULA-MURRIETA URBANIZED AREA
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12 Crowne Hill Park Joint Use Agreement
RECOMMENDATION:
12.1 Approve the Crowne Hill Park Joint Use Agreement between the City of Temecula
(City) and the Temecula Valley Unified School District (TVUSD).
MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1 - 4, 7 - 8, and
10 -12 (item Nos. 5, 6, and 9 pulled for separate discussion; see pages 5-6). The motion was
seconded by Councilman Comerchero Pratt and voice vote reflected unanimous approval.
CONSENT CALENDAR ITEM NOS. DISCUSSED OUT OF ORDER
5 YMCA Ground Lease Agreement - Approve Staff Recommendation (5-0-0) MN/RR
RECOMMENDATION:
5.1 Approve, in its substantial form, the Ground Lease Agreement between the City of
Temecula and the YMCA of Riverside City and County, Inc.
(Pulled for separate discussion; see below.)
Community Services Director Parker reviewed the staff report (as per agenda material).
Ms. Joan Sparkman, 40213 Colony Drive, Murrieta, spokesperson for the members of the
YMCA Board of Directors, relayed her support of the proposed location of the YMCA facility. In
light of the continued growth in this area, Ms. Sparkman commented on the need to expand
accessibility of such organizations and strongly supported the well established, reputable YMCA
organization.
MOTION: Mayor Pro Tem Naggar moved to approve staff recommendation. The motion was
seconded by Councilman Roberts and voice vote reflected unanimous approval.
6 Community Development Block Grant Application Proposals for FY 2003/04
RECOMMENDATION:
6.1 Approve the Community Development Grant (CDBG) funding recommendation
from the Finance Committee and staff;
6.2 Authorize the Director of Finance to execute Sub-recipient Agreements and to
reprogram CDBG funds in accordance with the current budget resolution for
general administration of the Fiscal Year 2003/04 Community Block Grant Funds.
By way of slides, Fiscal Services Manager Papagolos presented the staff report (of record),
reviewing the funding breakdown, advising that CDGB funds are to be used for the benefit of
citizens of Temecula, noting that a City liaison will be maintained during the funding cycle to
ensure locations are properly maintained and that Federal Housing and Urban Development
(HUD) regulations are followed and that property reporting will be provided through the City to
the County to forward to HUD for reimbursement.
Advising of the sub-recipient agreement, City Attorney Thorson noted that regulations,
requirements, and services are matters that are addressed through this agreement.
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Although there is another organization providing similar services, Fiscal Services Manager
Papagolos, for Councilman Comerchero, confirmed that Alternatives to Domestic Violence
(ADV) will be providing $10,000 worth of service to the citizens of Temecula.
MOTION: Councilman Comerchero moved to approve the staff recommendation. The motion
was seconded by Councilman Roberts and voice vote reflected unanimous approval.
9 Completion and Acceptance of Citywide A.C. Repair Proqram for FY02-03 - Prelect No.
PW02-04
RECOMMENDATION:
9.1 Accept the Citywide A.C. Repair Program for FY02-03 - Project No. PW02-04 -
as complete;
9.2 File a Notice of Completion, release the Performance Bond, and accept a one-
year Maintenance Bond in the amount of 10% of the contract;
9.3 Release the Materials and Labor Bond seven months after filing the Notice of
Completion if no liens have been filed.
Public Works Director Hughes reviewed the staff report (as per agenda material), noting that the
primary source of funding for this particular stage of the project is as a result of the City Council
negotiations with Harveston.
As per a map, Councilman Pratt stated that, in his opinion, this project will not affect the mobility
of 90% of the City's residents; that there should be an alternate plan; that the proposed project
does not provide an assurance that it will be a success; and that the proposed project would not
be completed for another 10 years. In conclusion, Mr. Pratt relayed his opposition to the design.
In response to Mayor Stone, Public Works Director Hughes noted that the approval of this
phase would assist the City in obtaining Federal/State funds and, thereby, positioning itself with
the engineering steps in the forefront of such funding sources. Mr. Hughes noted that this
particular project will be vital to the quality of life and business community.
Councilman Roberts reiterated that the design of this project is the first phase; noted that
Riverside County has placed this particular project, because of its importance for Riverside
County, on its list of Federal demonstration projects.
In response to Councilman Pratt, Councilman Comerchero noted that this project is part of a
General Plan Circulation Element which was citizen driven in 1994.
MOTION: Councilman Roberts moved to approve staff recommendation. The motion was
seconded by Councilman Comerchero and voice vote reflected approval with the exception of
Councilman Pratt who opposed.
After a short recess at 7:49 P.M., the City Council meeting reconvened at 8:08 P.M.
At this time, Public Hearing Item Nos. 13 and 15 were considered out of order.
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PUBLIC HEARING
13 Introduction of the Western Riverside County Transportation Uniform Mitiqation Fee
Proqram Ordinance
RECOMMENDATION:
13.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 03-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING PARTICIPATION IN THE
WESTERN RIVERSIDE COUNTY TRANSPORTATION
UNIFORM MITIGATION FEE PROGRAM AND ADDING
CHAPTER 15.08 TO THE TEMECULA MUNICIPAL CODE
Providing an introduction of the Transportation Uniform Mitigation Fee report (of record), City
Manager Nelson noted the following:
· Originated as a development fee approximately four years ago
· Completed a nexus study
o That it was determined that roads must be constructed over the next 25 years in
order to support the entire region;
o That how much of this construction should be allocated to new development/new
construction
o That significant issues were identified
o That based on the analysis, the Board of Supervisors adopted the TUMF in
December 2002
· 150,000 new homes will be built in the French Valley areas; unsure of when the roads
to support this construction will be constructed or how such construction will be funded
· TUMF will not be a property tax; it will be a development fee which pertains to new
construction and one that does not affect existing homes or businesses.
Public Works Director Hughes reviewed the technical analysis related to TUMF Plan, noting the
following:
· That the regional network of backbone and arterial roadways needed improvement to
support development in the Southwest and Western Riverside County area over the next
25 years; that the purpose of the TUMF would be to ensure that new development will
pay its fair share of needed transportation improvements in the Western Riverside
County area over the next 25 years
· That new development would impact the existing transportation network by a 14%
increase in delay time
· That not all needed improvements are as a result of new development
· That TUMF will be a mechanism for County/cities to apply a fee to new development -
uniformly collected to pay for these needed infrastructure improvements
· Cost distribution
· Administrative Plan
o Collecting fees and distribution - specific amount for transit projects
o Review of fee
o Exemptions
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· Rehabilitation
· Low-income housing
· Sanctuary buildings
In response to Councilman Roberts, Public Works Director Hughes advised that if the Council
were to not adopt the TUMF Plan, Measure A monies would not be eligible to the City.
For Mayor Stone, City Manager Nelson advised that there would be an immediate $600 million
deficit, with some offset, as a result of commercial phasing.
Although with reservation, Mr. Al Ogle, 43053 Margarita Road, relayed his support of the TUMF
Plan, Public Works Director Hughes confirmed that the City would follow the lead of the County
on implementing these fees; that proposed fee would be for commercial/industrial construction;
that the fees would be effective July 1,2004; and that the City has made no formal
determination as to its participation in a program offered by the California Statewide
Communities Development Authority, which functions as financing mechanism for such fees.
Although the proposed fees are needed, Ms. Diana Martinez, 39245 Calle Bellagio, stated that,
as a commercial builder, a more affordable number must be explored, noting that the additional
fees will be passed on to the new homebuyers and questioning how this may potentially impact
development.
At this time, the public hearing was closed.
For clarification, City Manager Nelson advised that the proposed fees are consistent with those
adopted by the County Board of Supervisors.
Addressing the City Council, Supervisor Venable noted that the Board seriously addressed this
matter and that the Board came up with the lowest amount of $6,600 per unit fee. In closing,
Mr. Venable commented on the need for this action and requested the Council's full support.
Viewing the infrastructure needs as a crisis that cannot be ignored, Mayor Pro Tern Naggar as
well commented on the quality of life issue and questioned the potential economic impacts as a
result of residents no longer being able to commute or individuals not being able to move to the
City because of travel time.
Concurring with Mayor Pro Tem Naggar, Councilman Comerchero reiterated the need to collect
monies for regional infrastructure, stating that without these fees, no infrastructure will be built
and, as a result, no new homes will be built. Commenting on the time it has taken to make this
determination, Mr. Comerchero noted that it was a difficult conclusion but one that must be
supported.
Although he supports the TUMF Plan, Councilman Pratt viewed it as unbalanced.
Commending the Board of Supervisors on its actions, Mayor Stone reiterated that this new fee
will not impact existing homes/businesses in the Riverside County. Mr. Stone requested that
monthly reporting statements be provided to the Council.
City Attorney Thorson introduced Ordinance No. 03-1, advising that the second reading would
be at the January 28, 2003, meeting and that the ordinance would be in effect 60 days after that
date.
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MOTION: Councilman Roberts moved to approve staff recommendation. The motion was
seconded by Mayor Pro Tem Naggar and voice vote reflected unanimous approval.
Mayor Stone requested that staff provide an update at the next Council meeting as to the
potential impacts of the State Budget.
Mr. Rick Bishop, Executive Director of WRCOG, advised that the administrative plan has been
completed; that in its preliminary draft form has been transmitted to City staff for review; and
that conceptual endorsement by the Executive Committee would be anticipated by the first
Monday in February.
15 Valley Christian Fellowship General Plan Amendment and Zone Chanqe (PA02-0260) -
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA TO DENY THE GENERAL PLAN LAND USE
AMENDMENT FOR A SITE LOCATED AT THE SOUTHWEST
CORNER OF DE PORTOLA AND MARGARITA ROADS
(ASSESSOR'S PARCEL NO. 959-150-050)
Mayor Stone commented on the possibility of continuing this matter until the adoption of the
General Plan Amendments.
Principal Planner Hogan reviewed the staff report (as per written material).
Mr. Larry Markham, 30105 Cabrillo Avenue, President of the Los Ranchitos Homeowners
Association, relayed no objection to a continuance until the General Plan changes have been
adopted by the City Council. Mr. Markham commented on the Association's concern with
zoning creeping down De Portola Road; advised that it would be desirous that no access points
be permitted off De Portola Road and that a buffer/wall be constructed along De Portola Road
and the western boundary of the property.
Mr. Mike McNeff, 45627 Clubhouse Drive, Pastor representing Valley Christian Fellowship, in
detail, recapped and apprised the City Council of events/discussions which led to the purchase
of the property; provided a history of nearby properties which had been rezoned to Professional
Office with the Association's approval; addressed an agreement between the Association and
those rezoned properties; and commented on the Association's requirement to construct a six-
foot block fence between the subject property and any adjacent properties.
Further addressing the agreement between the rezoned properties and the Association, Mr.
Guy Romero, 41535 Calle Pino, representing Valley Christian Fellowship, relayed the church's
opinion that the Association led the church to believe that the property could be developed
under a similar agreement and with the imposition of mitigation measures. Mr. Romero
apprised the Council that the church was no longer interested in developing the property and
that there was an interested buyer to develop the property as a preschool.
Mr. Kevin Johnson, 30707 Centaur Court, representing the Valley Christian Fellowship,
addressed the leadership changes in the Association; commented on the potential buyer's
interested to construct a preschool on the subject site; outlined the restrictions imposed by the
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Association; advised that, as a result of those restrictions, the potential buyer was no longer
interest in purchasing/constructing a preschool. Mr. Johnson advised hat, at this point in time,
another buyer has expressed an interest to purchase the property.
Pastor McNeff stated that the rezoning of this property would not limit the Association's ability
to negotiate a favorable deal and that the developing of this site and the rezoning of this site
was two separate issues.
Mr. Graham Kraus, 32490 Holland Road, representing Valley Christian Fellowship, reiterated
the Association's previous concurrence that the site of discussion would not be a suitable
location for a residence with which the Planning Commission had agreed.
If a consensus were feasible, Mayor Pro Tem Naggar relayed his desire to take action this
evening with regard to this matter.
Because there are several parcels in the area of discussion which need to be addressed,
Councilman Comerchero suggested that the determination of these parcels be handled through
the General Plan review process, noting that early decision/approval with regard to this issue
may hamstring the entire process as it relates to the other parcels.
Because the County had not properly modeled its massive land use changes in the French
Valley area, Deputy City Manager Thornhill advised that the City consultant assisting with the
Circulation Element will have to undertake this task. As a result, Mr. Thornhill noted that he
would not envision the review of the General Plan Amendments for another six to eight months.
In an effort to address the matter before the City Council, Councilman Comerchero suggested
that the General Plan Subcommittee be reconvened to address this particular issue and
propose a recommendation for the section of Margarita Road and De Portola Road.
In response to Councilman Comerchero, Deputy City Manager Thornhill noted that this could be
accomplished within the next 90 days.
For Councilman Pratt, it was noted by staff that the applicant is no longer desirous of developing
the property and that fencing/ingress and egress issues are development issues versus
rezoning issues; that zoning changes can intensify the use; and that access becomes a critical
issue and potential limiting of access may present.ingress/egress problems.
Mayor Stone encouraged continued communications between with Mr. Markham and the church
representatives.
MOTION: Councilman Comerchero moved to continue this public hearing off calendar and to
reconvene the General Plan Subcommittee in order to consider all parcels in the area of
discussion and to forward its recommendation to the Planning Commission for review. The
motion was seconded by Councilman Roberts and voice vote reflected unanimous approval.
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14 Eli Lilly & Company General Plan Amendment (PA0!-0418); Specific Plan Amendment
(PA02-0510); and Zone Chanqe (PA02-0509)
RECOMMENDATION:
14.1 Adopt a resolution entitled:
RESOLUTION NO. 03-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. 01-
0418, A GENERAL PLAN AMENDMENT ON THREE PARCELS
ON THE SOUTH SIDE OF OVERLAND DRIVE BETWEEN
MARGARITA AND YNEZ ROAD, AND GENERALLY KNOWN
AS LOTS 1, 2, AND 3 OF PARCEL MAP NO. 30107 AND A
SPECIFIC PLAN AMENDMENT ON LOT I OF PARCEL MAP
NO. 3O1O7
14.2 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 03-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE REGIONAL CENTER SPECIFIC
PLAN (SP-7) TO REMOVE ONE PARCEL (LOT 1 OF PARCEL
MAP NO. 30107) FROM THE REGIONAL CENTER SPECIFIC
PLAN (SP-7), GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF OVERLAND DRIVE AND YNEZ ROAD
(PLANNING APPLICATION NO. 02-0510)
14.3 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 03-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE OFFICIAL ZONING MAP TO
CHANGE LOT I OF PARCEL MAP NO. 30107 FROM SP-7 TO
COMMUNITY COMMERCIAL, AND LOTS 2 AND 3 OF PARCEL
MAP NO. 30107 FROM BUSINESS PARK TO COMMUNITY
COMMERCIAL, GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF OVERLAND DRIVE AND YNEZ ROAD
(PLANNING APPLICATION NO. 02-0509)
Principal Planner Hogan presented the staff report (of record); referenced the memo with regard
to List of Use Restrictions for Lot 3 to ensure land use compatibility; and noted that required
setbacks have been retained in the General Plan Amendment to ensure the future expansion of
Margarita Road between Solana Way and Overland Drive.
At this time, the public hearing was opened.
Mr. Teri Jackson, representing Eli Lilly, relayed his support of staff's recommendation and noted
his awareness of the list of use restrictions with regard to Lot 3 as well as the additional
setbacks to address the potential widening of Margarita Road.
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At this time, the public hearing was closed.
MOTION: Councilman Comerchero moved to adopt Resolution No. 03-04. The motion was
seconded by Councilman Naggar and voice vote reflected unanimous approval.
MOTION: Councilman Naggar moved to adopt Ordinance No. 03-02. The motion was
seconded by Councilman Comerchero and voice vote reflected unanimous approval.
MOTION: Councilman Naggar moved to adopt Ordinance No. 03-03. The motion was
seconded by Councilman Comerchero and voice vote reflected unanimous approval.
In response to Mayor Stone, Deputy City Manager Thornhill advised that there would not be an
exclusion from the Transportation Uniform Mitigation Fee.
At 9:32 P M., the City Council convened as the Temecula Community Services District and the
Temecula Redevelopment Agency. The City Council Meeting resumed at 10:13 P.M.
16 Corporation of Better Housing Senior Housinq Proiect - Tax Exempt Fiscal Responsibility
Act (TEFRA) Public Hearinq Notice
RECOMMENDATION:
16.1 Continue the public hearing to the City Council meeting of January 28, 2003.
.MOTION: Councilman Comerchero moved to approve staff recommendation. The motion was
seconded by Mayor Pro Tem Naggar and voice vote reflected unanimous approval.
COUNCIL BUSINESS
17 Selection of City Council Committee Assi,qnments
RECOMMENDATION:
17.1 Appoint a member of the City Council to serve as liaison to each of the City
Commissions and Committees and to the Pechanga Tribal Council:
Commission Liaison (One Member)
Community Services Commission - Jeff Comerchero
Old Town Local Review Board - Sam Pratt
Old Town Redevelopment Advisory Committee - Ron Roberts
Planning Commission - Mike Naggar
Public/Traffic Safety Commission - Jeff Stone
Pcch"ng~ Tribe! Ccunc!! L!~!scn - move to external organizations category
17.2 Appoint two members of the City Council to serve on each of the following Advisory
Committees:
Advisory Committees (Two Members)
Community Service Funding Ad Hoc Committee - Jeff Stone, Mike Naggar
Economic Development/Old Town Steering Committee - Ron Roberts, Jeff
Comerchero
Finance Committee - Jeff Stone, Mike Naggar
Joint City Council/TVUSD Committee - Mike Naggar, Ron Roberts
Library Task Force - Jeff Stone, Ron Roberts
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Old Town Temecula Community Theater Ad Hoc Committee/Theater Advisory
Committee - Jeff Comerchero, Sam Pratt
Public Works/Facilities Committee - Ron Roberts, Jeff Stone
17.3Appoint member(s) of the City Council to serve on each of the following external
committees:
Representative Assignments (External Organizations)
r.~,,...~ ~A, ,..~..,.~ ~ ~ .... Delete
County General Plan Update Committee - RCIP (attend meetings) - Mike Naggar
French Valley Airport Committee - Sam Pratt
League of Calif. Congress - 2003 Voting Delegates - Jeff Stone, Mike Naggar as
alternate
Multi-Species Habitat Conservation Plan Committee (attend meetings) - Mike
Naggar
Murrieta Creek Advisory Board - Sam Pratt
National League of Cities Annual Congress - 2003 Voting Delegate - Jeff Stone,
Mike Naggar as alternate
Pechanga Tribal Council Liaison - Ron Roberts, Jeff Stone as alternate
Riverside County Habitat Conservation Agency - Sam Pratt
Riverside County Transportation Commission - Ron Roberts
Riverside Transit Agency Representative - Jeff Comerchero
Temecula Sister City Corporation Board of Directors - Jeff Stone
Trails Master Plan Development Committee - Mike Naggar
WRCOG Representative - Jeff Comerchero, Ron Roberts as alternate
17.4Appoint member(s) of the City Council to serve on each of the following Council
Subcommittees:
Council Subcommittees
^..;..~ o~..~,.., o, .~. .... ;**"" - Delete
Children's Museum Ad Hoc Subcommittee - Jeff Comerchero
Electrical Needs Ad Hoc Subcommittee - Mike Naggar
~.......~..o~ D ....... ~ o...,;...~ e..r. .... ;**"" - Delete
Ranchc ~' ...... ~,,, ,-.., ,...~. e, ,~. .... ~**"" - Delete
~...; ..... ~. c)~....~. ^ ..... ,;.... ^.~ u.... S' '~' .... ;**"" - Delete
SAF-T NET Subcommittee - Jeff Stone
Spcrtc P=r~. Ad Hcc SuSccmm!.*tee - Delete
Temecula/Murrieta Subcommittee - Ron Roberts, Jeff Comerchero
Wall of Honor Ad Hoc Subcommittee - Jeff Stone, Jeff Comerchero
W=ter P=r~ SuSccmm!tt. ec - Delete
Villages of Old Town Ad Hoc Committee - Ron Roberts, Mike Naggar
MOTION: Councilman Comerchero moved to approve the City Council Committee assignments
as noted above. The motion was seconded by Mayor Pro Tern Naggar and voice vote reflected
unanimous approval.
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18 Consideration of adoption of Resolution of Necessity for the Acquisition in Eminent
Domain of property for street improvements and for temporary construction easements in
connection with the Diaz Road Reali.qnment Proiect - Proiect No. PW95-27 (APN 921-
020-039) - Massie Property
RECOMMENDATION:
18.1 Open and conduct a hearing on the adoption of the proposed Resolution of
Necessity, receive from staff the evidence stated and referred to in this Report,
take testimony from any person wishing to be heard on issues A, B, C and D
below, and consider all the evidence to determine whether to adopt the proposed
Resolution, which requires a unanimous or 4/5ths vote;
18.2 If the City Council finds, based upon the evidence contained in and referred to in
this Report, the testimony and comments received in this hearing, that the
evidence warrants the necessary findings with respect to the proposed
Resolution of Necessity, then the staff recommends that the City Council, in the
exercise of its discretion, adopt proposed Resolution No. 2003- (which
requires a 4/Sths vote of the entire Council) and authorize that an eminent
domain proceeding be filed to acquire Certain Property interests ("Subject
Property Interest") in the real property consisting of a fee simple as well as a
temporary construction easement interest in a portion of the real property
commonly known as Assessor's Parcel No. 921-020-039 and more fully
described in the attached Exhibits. Specifically, the legal description of the
acquisition of the fee simple interest sought to be acquired on portions of the real
property identified as Assessor's Parcel Number 921-020-039 is attached as
Exhibit "A" and depicted on the map attached as Exhibit "B". The legal
description of the acquisition of the temporary construction easement interest is
attached as Exhibit "A-I" and depicted on maps attached as Exhibits "B-I", "C-1"
and "C-2";
18.3 Adopt a resolution entitled:
RESOLUTION NO, 03-
A RESOLUTION OF NECESSITY OF THE CITY OF TEMECULA
DECLARING CERTAIN REAL PROPERTY NECESSARY FOR
PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE PROPOSED DIAZ
ROAD REALIGNMENT PROJECT
18.4 As a resolution, if approved, approve a warrant payable to the Clerk of the Court,
Riverside County in the amount of $5,397.00 for deposit in court to obtain an
order of possession of the Wilma M. Massie property interests;
18.4 Authorize the City Manager to execute all necessary documents.
MOTION: Councilman Comerchero moved to continue this item to the January 28, 2003, City
Council meeting. The motion was seconded by Mayor Pro Tem Naggar and voice vote
reflected unanimous approval.
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19. Consideration of adoption of Resolution of Necessity for the Acquisition in Eminent
Domain of property for street improvements and for temporary construction easements in
connection with the Diaz Road Realiqnment Proiect - Proiect No. PW95-27 (APN 921-
040-028/- Morter Property
RECOMMENDATION:
19.1 Open and conduct a hearing on the adoption of the proposed Resolution of
Necessity, receive from staff the evidence stated and referred to in this Report,
take testimony from any person wishing to be heard on issues A, B, C and D
below, and consider ail the evidence to determine whether to adopt the proposed
Resolution, which requires a unanimous or 4/5tbs vote;
19.2 If the City Council finds, based upon the evidence contained in and referred to in
this Report, the testimony and comments received in this hearing, that the
evidence warrants the necessary findings with respect to the proposed
Resolution of Necessity, then the staff recommends that the City Council, in the
exercise of its discretion, adopt proposed Resolution No. 2003- (which
requires a 4/5ths vote of the entire Council) and authorize that an eminent
domain proceeding be filed to acquire Certain Property Interests ("Subject
Property Interest") in the real property consisting of a fee simple as well as a
temporary construction easement interest in a portion of the real property
commonly known as Assessor's Parcel No. 921-040-028 and more fully
described in the attached Exhibits. Specifically, the legal description of the
acquisition of the fee simple interest sought to be acquired on portions of the real
property identified as Assessor's Parcel Number 921-040-028 is attached as
Exhibit "A" and depicted on the map attached as Exhibit "B". The legal
description of the acquisition of the temporary construction easement interest is
attached as Exhibit "A-I" and depicted on map attached as Exhibits "B-I" and
"C";
19.3 Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF NECESSITY OF THE CITY OF TEMECULA
DECLARING CERTAIN REAL PROPERTY NECESSARY FOR
PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE PROPOSED DIAZ
ROAD REALIGNMENT PROJECT
19.4 As a resolution, if approved, approve a warrant payable to the Clerk of the Court,
Riverside County in the amount of $129,190.00 for deposit in court to obtain an
order of possession of the Jerry R. Morter and Linda C. Morter property interests;
19.5 Authorize the City Manager to execute ail necessary documents.
MOTION: Councilman Comerchero moved to continue this item to the January 28, 2003, City
Council meeting. The motion was seconded by Mayor Pro Tern Naggar and voice vote
reflected unanimous approval.
CITY MANAGER'S REPORT
No additional comments.
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CITY ATTORNEY'S REPORT
With respect to the two real property items, City Attorney Thorson advised that any final
decision would be addressed by the City Council in Open Session and that the City Council
provided direction with respect to the litigation matters.
ADJOURNMENT
At 10:31 P.M., the City Council meeting was formally adjourned to Tuesday, January 28, 2003,
at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
v~ ~e~Y~y~.. ~tone, Mayor
ATTEST:
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