HomeMy WebLinkAbout081203 CC MinutesMINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
AUGUST t2, 2003
The City Council convened in Open Session at 7:00 P.M., on Tuesday, August 12, 2003, in the
City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula,
California.
Present: Councilmembers: Comerchero, Naggar, Pratt, Roberts, and Stone
Absent: Councilmember: None
PRELUDE MUSIC
The prelude music was provided by Eve Craig.
INVOCATION
The invocation was given by Pastor Matt Hsieh of Rancho Baptist Church.
ALLEGIANCE
The flag ceremony was presented by Councilman Roberts.
PRESENTATION/PROCLAMATIONS
Women of Distinction Recognition to Barbara Wilder
By way of a Certificate of Achievement, Barbara Wilder was recognized for her efforts and
dedication associated with the issue of power lines throughout Southwest Riverside County.
Ms. Wilder thanked the City Council for this recognition and commended the many individuals
involved with this process.
National Kids Day Proclamation
Thanking the City Council for this proclamation, Mr. Chuck Washington, Board Member of the
Boys & Girls Club, accepted the National Kids Day Proclamation.
Certificate of Achievement to the Temecula Valley North Little League All Stars
(Postponed to the meeting of August 26, 2003.)
PUBLIC COMMENTS
A. Mr. Greg Morrison, 31045 Oak Hill Drive, commended City Council and City staff for its
Moonlight Movies in the Park Program and encouraged the continuation of this program next
summer.
Mayor Pro Tern Naggar as well commended the Community Services Department staff
for their efforts associated with this program.
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Commenting on the Tiny Tots Program and it overwhelming demand for participation,
Mr. Morrison relayed concern with the enrollment process in order to participate - spending the
night in front of the Community Recreation Center - and requested that the Council reevaluate
this program and consider expansion of it.
Mayor Pro Tem Naggar noted that the matter would be addressed and explored.
B. Mr. Chuck Washington, 31205 Kahwea Road, Board Member of the Theatre Foundation
and the Chairman of the Foundation fundraiser event Temecula-on-Stage, commented on the
upcoming event as well as the Foundation's continued efforts to raise $1 million for the building
of a new community theatre in Old Town; thanked the City for its continued support of the
Theatre Foundation; and extended a special invite to the City Councilmembers.
C. Mr. Otto Baron, 41915 Fourth Street, reiterated his dismay with the lack of signage for
businesses located on the side streets in Old Town.
D. Echoing Mr. Baron's comment with regard to the lack of signage for side streets, Ms.
Lorena Spencer, 41946 Fifth Street, as well commented on the competition impacts the
Farmers' Market has on the Old Town merchants and questioned whether the east side of Front
Street in Old Town has been targeted for Iow-income apartments.
E. Mr. Charles Delgado, 30270 Santiago Road, President of the Temecula Sunrise Rotary,
thanked the City Council for its grant for the bus bench project and invited the City Council and
public to the Riverside Symphony event at Ponte Winery, on August 24, 2004, 5:00 P.M. to 9:00
P.M.
CITY COUNCIL REPORTS
A. Councilman Roberts informed the public that the City's Sister City Association had been
awarded the Innovation Award at the Sister City International in St. Louis on July 25, 2003.
Advising that the California Transportation Commission will be meeting Thursday,
August 14, 2003 to discuss the Interchange 91/215/60 County project, Councilman Roberts
commented on the importance of receiving funding for this particular project and noted that
alternative funding options are being explored.
B. Councilman Pratt commented on the benefits of the Mobility Coordination Program such
as the one utilized in the City of Santa Barbara.
C. Mayor Pro Tem Naggar apprised the viewing public of the upcoming Public Safety Expo
sponsored by the Temecula Citizen Corps at the Promenade Mall.
D. Having worked with the Save Southwest Riverside County and Ms. Barbara Wilder,
Councilman Comerchero relayed his delight with the recognition Ms. Wilder has received with
her to her dedication and efforts.
E. Mayor Stone commended the Police Department on its updates and efforts associated
with the Stop Light Abuse Program.
In response to Mr. Washington, Mayor Stone noted that he would write a check in the
amount of $750 for the 10 Temecula-on-Stage tickets and requested that they be raffled off at
the Senior Center.
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In closing, Mayor Stone commented on his intent to call a County-wide summit in order
to discuss the Riverside County Integrated Plan (RClP); to ensure flaws such as needed
infrastructure for proposed development will be provided; and to maintain the desired quality of
life.
Having recently traveled through nine states, Mr. Stone commented on the amount of
unspoiled open space in this country but that he enjoyed coming home to Temecula.
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 Resolution approvinq List of Demands
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. 03-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
3 City Treasurer's Report
RECOMMENDATION:
3.1 Receive and file the City Treasurer's Report as of June 30, 2003.
4 Minutes -
RECOMMENDATION:
4.1 Approve the minutes of June 24, 2003;
(Councilman Roberts abstained with regard to 4.1.)
4.2 Approve the minutes of July 8, 2003.
5 Emerqenc¥ Manaqement Grant-funded Equipment Purchases
RECOMMENDATION:
5.1 Increase estimated grant revenue in the Police Department by $32,900 and
increase estimated grant revenue in the Fire Department by $47,$70;
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5.2 Approve appropriations to the Police Department line item budget for $33,900 and
Fire Department line item budget for $47,870.
6
7
Amendment No. 1 to Joint Use Aqreement for Chaparral Aquatic Facility with Temecula
Valley Unified School District
RECOMMENDATION:
6.1 Approve Amendment No. 1 to the Joint Use Agreement for the Chaparral Aquatic
Facility with the Temecula Valley Unified School District (TVUSD).
Substitute Aqreements and Bonds for public improvements in Tract No. 26828-1, -2, -F (east
of North General Kearney Road, south of Willows Avenue, west of Seraphina Road, and
north of Rita Way)
RECOMMENDATION:
7.1
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. 26828-1 (Offsite);
7.2
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. 26828-1 (In-Tract);
7.3
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. 26828-2;
7.4
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. 26828-F;
7.5 Accept Substitute Subdivision Monument Agreement and Subdivision Monument
Bond as security for monumentation for Tract Map No. 26828-1;
7.6 Accept Substitute Subdivision Monument Agreement and Subdivision Monument
Bond as security for monumentation for Tract Map No. 26828-2;
7.7 Accept Substitute Subdivision Monument Agreement and Subdivision Monument
Bond as security for monumentation for Tract Map No. 26828-F;
7.8
Acknowledge that original bonds collected by the original subdivider, The Garret
Group, LLC, will be released upon acceptance of substitute bonds by separate
administrative action;
7.9 Direct the City Clerk to so advise the developer and surety.
8 Acceptance of Offer of Dedication - Road Purposes for Moraqa Road
RECOMMENDATION:
8.1 Adopt a resolution entitled:
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RESOLUTION NO. 03-94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING AN OFFER OF DEDICATION OF
RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES FOR
MORAGA ROAD BUT NOT ACCEPTING THAT PORTION OF
STREET INTO THE CITY-MAINTAINED STREET SYSTEM AT
THIS TIME
9 Acceptance of Offer of Dedication - Road Purposes for Moraqa Road
RECOMMENDATION:
9.1 Adopt a resolution entitled:
RESOLUTION NO. 03-95
A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING AN OFFER OF DEDICATION OF
RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES FOR
MORAGA ROAD BUT NOT ACCEPTING THAT PORTION OF
STREET INTO THE CITY-MAINTAINED STREET SYSTEM AT
THIS TIME
10 Acceptance of Offer of Dedication - Road Purposes for Mora.qa Road
RECOMMENDATION:
10.1 Adopt a resolution entitled:
RESOLUTION NO. 03-96
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING AN OFFER OF DEDICATION OF
RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES FOR
MORAGA ROAD BUT NOT ACCEPTING THAT PORTION OF
STREET INTO THE CITY-MAINTAINED STREET SYSTEM AT
THIS TIME
11 Authorize Temporary Street Closure of Main Street between Old Town Front Street and the
Murrieta Creek Bridqe for the Temecula-On-State Event scheduled for Au.qust 30, 2003,
and deleqate authority to issue a Special Events/Street Closures Permit to the Director of
Public Works/City Engineer
RECOMMENDATION:
11.1 Adopt a resolution entitled:
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RESOLUTION NO. 03-97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING TEMPORARY STREET CLOSURE
OF MAIN STREET BETWEEN OLD TOWN FRONT STREET
AND MURRIETA CREEK BRIDGE FOR THE TEMECULA-ON-
STAGE EVENT SCHEDULED FOR AUGUST 30, 2003, AND
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT
INCLUDING STREET CLOSURES
12 Award the Construction Contract for Rancho California Road Wideninq east of Ynez Road -
Proiect No, PWO0-20
RECOMMENDATION:
12.1
Award a construction contract for Rancho California Road Widening east of Ynez
Road - Project No. PW00-20 - to R.J. Noble Company in the amount of
$622,269.98 and authorize the Mayor toe execute the contract;
12.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $62,227.00 which is equal to 10% of the contract amount;
12.3
Authorize the transfer of $65,000 in Capital Project Reserves from the Pavement
Rehabilitation Project (Acct. 210-165-655-5804) to the Rancho California Road
Widening east of Ynez Road - Project No. PW00-20 (Acct. 210-165-611-5804);
12.4
Authorize the transfer $135,000 in Capital Project Reserves from the Localized
Storm Drain Project (Acct. 210-165-715-5804) to the Rancho California Road
Widening east of Ynez Road - Project No. PW00-20 (Acct. 210-165-611-5804).
(Pulled for separate discussion; see pages 6-7.)
MOTION: Councilman Comerchero moved to approve Consent Calendar Item Nos. 1 - 11
(Item N. 12 was pulled for separate discussion). The motion was seconded by Councilman
Roberts and voice vote reflected approval with the exception of Councilman Roberts who
abstained with regard to Item No. 4.1.
CONSENT CALENDAR ITEM NO. 12 CONSIDERED UNDER SEPARATE DISCUSSION
12 Award the Construction Contract for Rancho California Road Widening east of Ynez Road
- Project No. PW00-20
RECOMMENDATION:
12.1 Award a construction contract for Rancho California Road Widening east of Ynez
Road - Project No. PW00-20 - to R.J. Noble Company in the amount of
$622,269.98 and authorize the Mayor toe execute the contract;
12.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $62,227.00 which is equal to 10% of the contract amount;
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12.3 Authorize the transfer of $65,000 in Capital Project Reserves from the Pavement
Rehabilitation Project (Acct. 210-165-655-5804) to the Rancho California Road
Widening east of Ynez Road - Project No. PW00-20 (Acct. 210-165-611-5804);
12.4 Authorize the transfer $135,000 in Capital Project Reserves from the Localized
Storm Drain Project (Acct. 210-165-715-5804) to the Rancho California Road
Widening east of Ynez Road - Project No. PW00-20 (Acct. 210-165-611-5804).
Public Works Director Hughes reviewed the staff report (as per agenda material) and noted, for
Mayor Pro Tem Naggar, that commencement of the project should be within a month and that
the project should be completed by Thanksgiving.
Mayor Pro Tem Naggar further elaborated on the benefits this project will provide to the
community and, therefore, requested the community's patience during the construction period of
this needed improvement.
MOTION: Mayor Pro Tem Naggar moved to approve Consent Calendar Item No. 12. The
motion was seconded by Councilman Comerchero and voice vote reflected unanimous
approval.
PUBLIC HEARING
13 PA 03-0370 (Annexation) - Adoption of Resolution initiatinq annexation proceedings for the
Redhawk Specific Plan Area and a portion of the Vail Ranch Specific Plan Area
RECOMMENDATION:
13.1 Adopt the Negative Declaration with a finding of DeMinimus Impact for Planning
Application No. PW03-0370 (Annexation);
13.2 Adopt a resolution entitled:
RESOLUTION NO. 03-100
A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF
THE CITY OF TEMECULA REQUESTING THE
COMMENCEMENT OF PROCEEDINGS REORGANIZING THE
JURISDICTIONAL BOUNDARIES OF CERTAIN INHABITED
TERRITORY DESCRIBED HEREIN IS THE ENTIRE REDHAWK
SPECIFIC PLAN AREA AND A 67-ACRE PORTION OF THE
VAIL RANCH SPECIFIC PLAN AREA TO INCLUDE THE
CORPORATE BOUNDARIES OF THE CITY OF TEMECULA TO
INCLUDE SAID TERRITORY WITHIN THE TEMECULA
COMMUNITY SERVICES DISTRICT AND TO DETACH SAID
TERRITORY FROM CSA 143, CSA 152, AND THE RIVERSIDE
COUNTY WASTE MANAGEMENT DISTRICT, DESIGNATED AS
PART OF PLANNING APPLICATION NO. PA03-0370
13.3 Direct staffto prepare and submit application and associated materials for
annexation to the Local Agency Formation Commission (LAFCO).
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Deputy City Manager Thornhill reviewed the staff report (of record); noted that the application
has been filed with LAFCO; reviewed the proposed and upcoming annexation schedule;
addressed the maintenance of slopes, advising that the Redhawk Homeowners Association has
agreed to be responsible for slope maintenance; and advised that a fiscal impact analysis of the
annexation at full build out has been prepared.
The following individuals spoke in support of the proposed annexation:
· Mr. Randy Yount 45927 Corte Tobarra
· Mr. John Rossi 31899Via Saltio
· Mr. Bill Barrett 45549 Corte Narbonne
· Mr. Paul Runkle 32070 Corte Bonilio
· Ms. Betty Johnson 44728 Corte Valencia
Advising that the Homeowners Association will be active and supportive of this annexation
process, the above-mentioned individuals spoke in support of the annexation for the following
reasons:
· Parks and recreation programs
· Local government representation/quality of local government
· Public safety/law enforcement
· Quality development
· Adherence to Master Plans/Specific Plan
There being no additional input, the public hearing was closed.
Commenting on the increase in public safety/law enforcement, Councilman Roberts relayed his
support of the proposed annexation.
Having supported the proposed Redhawk annexation of 1999, Councilman Comerchero as well
relayed his support of this proposed annexation.
Echoing his fellow Councilmembers, Mayor Pro Tern Naggar relayed his support and requested
that Park Site "F" be given an official name.
Councilman Pratt as well relayed his support of the proposed annexation and recommended, in
an effort to create a buffer area for the City, that the area to the east also be considered for
annexation.
Commenting on the increased services that will be provided to the Redhawk residents as a
result of the proposed annexation, Mayor Stone relayed his support of the recommendation.
MOTION: Mayor Pro Tem Naggar moved to approve the staff recommendation. The motion
was seconded by Councilman Pratt and voice vote reflected unanimous approval.
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14 Request Zone Chanqe from L-1 to L-2 (PA02-0372) and Tentative Tract Map to create
seven residential lots ranqinq from .5 to .82 acres in lot area (PA02-0371)
RECOMMENDATION:
14.1 Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING PLANNING APPLICATION NO. PA02-
0371 TENTATIVE TRACT MAP NO. 30169 TO SUBDIVIDE A
4.57 ACRE PARCEL INTO SEVEN SINGLE-FAMILY
RESIDENTIAL LOTS RANGING BETWEEN .5 AND .82 ACRES
IN LOT AREA, LOCATED APPROXIMATELY 473 FEET NORTH
OF SANTIAGO ROAD, KNOWN AS ASSESSOR PARCEL NO.
945-060-006
Principal Planner Hazen presented the staff report (as per agenda material); referenced
correspondence received from residents as well as a petition of support; and commented on
staff's recommendation to approve the request.
In response to the City Council, Principal Planner Hazen and Public Works Director Hughes
advised that with regard to street improvements, the City would condition a four-lot project the
same way it would condition a seven-lot project; that because of the intensification,
Transportation Uniform Mitigation Fees and Development Impact Fees will be imposed; that the
intersection will be aligned; that because of traffic volume, the intersection will not be signalized;
that the City is not the agency that governs the use of septic tanks/sewers; that the neighboring
citizens had expressed a desire to conserve the rural lifestyle; and that staff's recommendation
for approval of the request was based on best land use, not economics.
Councilman Roberts expressed concern with a L-2 zone being surrounded by a L-1 zone.
Mr. Larry Markham, representing the applicant, 41635 Enterprise Circle, provided background
information with regard to the Meyler property; noted that the Chaparral area has a series of
policies to permit subdividing one acre lots to % acre lots; that the area of discussion is the
flattest parcel in Chaparral area; that if the seven-lot parcels were approved, the developer
would implement sewer; that if only four parcels were approved, for cost reasons, septic tanks
would be proposed; that an outreach program to educate the neighboring residents of the
project was provided; that the residents to the east of the proposed project are in opposition to
it; and that if four parcels were approved, the cul-de-sac would shorten by 60'. In closing, Mr.
Markham relayed his concurrence with the staff report as well as the proposed conditions.
By way of overheads, Mr. Craig Way, 28545 Old Town Front Street, described the type of
development being proposed; relayed the continued demand for a market of $600,000 -
$850,000 homes; and advised that all lots are rectangular; that four single-story residences and
three two-story residences are being proposed; that although ail residences will have
similarities, each will be different; that three- to four-car garages are being proposed; that
proposed development would be a gated community of high quality homes; and that it would not
be financially feasible to construct four high-quality custom homes on one acre lots and to
absorb the required cost of infrastructure. In closing, Mr. Way reviewed the proposed quality
differences between the four-lot homes and the seven-lot homes.
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Mr. Rick Hauser, 303000 Point Marina, Canyon Lake, further commented on the demand for
$600,000 to $850,000 single-story homes, noting that the proposed two-story will only be two
story in the front element and that the gated community will provide a sense of security.
The following individuals spoke in support of the proposed project:
· Mr. Charles Delgado
· Ms. Chris Herman
· Mr. Steve Lewis
· Mr. GeorgeZorb
30270 Santiago Road
29920 Via Serre~
30080 Santiago Road
40445 Calle Katerine
The above-mentioned individuals spoke in support of the project for the following reasons:
· That the size of the lot would not matter (1 acre or % acre) as long as the homes are
quality homes
· That the proposed project will enhance neighboring property values and, thereby,
enhancing the entire community
· That the developer is a good developer
· That if this quality project were not approved, what type of project could potentially be
constructed.
The following individuals spoke in opposition to the proposed project:
· Ms. Dianne Tanna
· Mr. Bob Burns
· Dr. Steve Lis
· Mr. Ralph Neimeyer
30052 Santiage Road
30112 Santiago Road
30000 Santiago Road
29962 Santiago Road
The above-mentioned individuals spoke in opposition to the project for the following reasons:
· Will not retain the rural atmosphere
· Will not retain open space
· Developer could sell the lots of discussion and a different project would be constructed
· Will not improve property values
Referencing previously made comments with regard to the Meyler property, Mr. Jim Meyler,
31813 Via Campanario, advised that he does not own the property and that he objects the use
of his family when referencing that particular piece of property.
At 10:03 P.M., a short recess was taken and the City Council resumed with the public hearing at
10:18 P.M.
Apologizing to Mr. Meyler for the reference of his name in conjunction with that particular piece
of property, Mr. Markham provided background information with regard to zoning designations
for the area of discussion; advised of the requirements necessary to meet the approval of L-1 or
L-2 zoning; noted that the developer has met those 11 requirements; reiterated that quality
homes will be constructed; and requested the City Council's approval.
As was mentioned by Deputy City Manager Thornhill, Councilman Comerchero reiterated that
the General Plan Advisory Committee has been discussing this matter; noted that, in his
opinion, either L-1 or L-2 should be approved, not a mixture of both; commented on the City's
efforts to prohibit the County from zone changes during its General Plan process; stated that the
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City should adhere to those same expectations; and suggested that the General Plan Advisory
Committee should further investigate this matter and make a recommendation.
Concurring with Councilman Comerchero, Mayor Pro Tern Naggar relayed his support of the
General Plan Advisory Committee addressing the matter and then make a recommendation to
the Planning Commission for review.
Concurring with his fellow Councilmembers, Councilman Roberts expressed his dismay with the
applicant's presentation and his reference of certain homes and his negative description of
them.
Councilman Pratt relayed his concurrence with his fellow Councilmembers.
As a previous property owner in the area of discussion, Mayor Stone stated that, to his
understanding, the City Council's past direction with regard to this area was to retain it as a rural
area such as Los Ranchitos; echoed Councilman Comerchero's comment with regard to the
City imposing the same expectations on itself as what the City expects of the County; relayed
his dismay with the applicant's presentation in reference to particular homes; stated that this
City should provide a wide spectrum of housing opportunities; advised that unless the City were
beneficiary of certain community improvements, this project does not provide any increased
public amenities to justify approval of this project.
Commenting on the statutory deadlines with regard to the Tentative Tract Map, City Attorney
Thorson suggested that this item be denied without prejudice, allowing the applicant to
readdress the matter at a later time.
MOTION: Councilman Comerchero moved to deny this project without prejudice; to refer the
matter to the General Plan Advisory Committee for further review; to follow the normal review
process; and to waive associated fees with resubmitting the project if the General Plan Advisory
Committee were to forward a recommendation of support. The motion was seconded by
Councilman Pratt and voice vote reflected approval with the exception of Mayor Stone who
voted no.
15 Assessment District No. 03-04 (John Warner Road) and Integrated Financinq District No.
03-05 (John Warner Road)
RECOMMENDATION:
15.1 Approve the Negative Declaration for the John Warner Road Assessment District
and direct the City Clerk to file a Notice of Determination with County Recorder;
15.2
Hold the public meeting and public hearing regarding the proposed Assessment
District No. 03-04 (John Warner Road) and Integrated Financing District No. 03-05
(John Warner Road) called pursuant to a resolution regarding the proposed districts
adopted on June 24, 2003;
15.3
Allow the City Clerk to tabulate ballots from property owners received prior to the
close of the public meeting and public hearing regarding the proposed districts and
allow the City Clerk to announce the results of the tabulation;
15.4
If the ballots received with regard to Assessment District No. 03-04 (John Warner
Road) are a majority (weighted by assessment obligation) in favor of the
Assessment District, adopt a resolution entitled:
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RESOLUTION NO. 03-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA OVERRULING PROTESTS AND DETERMINING
RESULTS OF ELECTION - ASSESSMENT DISTRICT NO. 03-04
(JOHN WARNER ROAD)
15.5 If the resolution described in 4 above has been adopted, adopt a resolution entitled:
RESOLUTION NO. 03-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING ENGINEER'S REPORT, CONFIRMING
THE ASSESSMENTS AND ORDERING THE ACQUISITION
AND CONSTRUCTION OF IMPROVEMENTS - ASSESSMENT
DISTRICT NO. 03-04 (JOHN WARNER ROAD)
15.6 However, (a) if at least two of the owners of the parcels in Zone 2 of the
Assessment District vote in favor of the Assessment District, strike Section 18 of the
resolution before its adoption; and (b) if the ballots received with regard to the
Integrated Financing District No. 03-05 (John Warner Road) are a majority
(weighted by maximum contingent assessment) in favor of the Integrated Financing
District, strike Section 19 of the resolution before its adoption.
15.7 If the resolutions described in 4 and 5 above have been adopted and the ballots
received with regard to the Integrated Financing District are a majority (weighted by
maximum contingent assessment) in favor of the Integrated Financing District, adopt
a resolution entitled:
RESOLUTION NO. 03-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA OVERRULING PROTESTS AND DETERMINING
RESULTS OF ELECTION - INTEGRATED FINANCING
DISTRICT NO. 03-05 (JOHN WARNER ROAD)
15.8 If the resolution described in 6 above has been adopted, introduce and read by title
only an ordinance entitled:
ORDINANCE NO. 03-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING INTEGRATED FINANCING
DISTRICT NO. 03-05 (JOHN WARNER ROAD) AND
AUTHORIZING THE LEVY OF CONTINGENT ASSESSMENTS
THEREIN
Public Works Director Bill Hughes presented the staff report (of record).
Mayor Stone opened the public hearing at 10:54 P.M. Hearing no requests to speak, Mayor
Stone closed the public hearing at 10:54 P.M.
Bond Counsel, Paul Thimmig, suggested a short recess be called to open ballots.
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MOTION: Councilman Naggar moved to extend the meeting to 11:00 P.M. The motion was
seconded by Councilman Comerchero and voice vote reflected unanimous approval.
City Clerk Jones proceeded to tabulate the votes while Mayor Stone proceeded with Item No.
17; see pages 14-21.
Proceeding with Item No. 15, City Clerk Susan Jones reported that the ballots are weighted by
the amount of assessments, and stated for the record, the City has received no written protests.
Explaining that two votes were taken, City Clerk Jones reported that there was 24 votes cast of
the 36 possible, on the Assessment District, representing $1,322,895.00, with a maximum
contingent assessment of $888,596.70. The total no votes cast were three, representing a
maximum contingent assessment of $107,380.11. The votes cast in favor were equal to 89% of
the total votes cast. Votes cast in opposition were equal to 11% of the votes cast.
For the Integrated Financing District, City Clerk Jones reported the total possible votes were 33,
representing $2,417,368.33. Of those votes, 22 were cast in favor, with a maximum contingent
assessment of $1,680,543.86. Two votes were cast in opposition, representing $259,012.22.
The total percentage of votes cast in favor was equal to 92%. The total votes cast in opposition
represent 6% of the votes.
Public Works Director Hughes stated that based on the ballot process, there is a majority of
support for the Assessment District. He recommended that the City Council move forward with
the resolutions, with the exception of Resolution No. 03-102, where Sections 18 and 19 should
be struck. He explained that these sections were included in the event that there was not a
majority for the Integrated Financing District. Since both zones were approved, these sections
should be struck.
MOTION: Councilman Naggar moved to approve staff recommendations 15.1, 15.4, 15.5,
(striking sections 18 and 19), 15.6, and 15.7. Councilman Comemhero seconded the motion
and voice vote reflected unanimous approval.
COUNCIL BUSINESS
16 Award the Construction Contract for Assessment District 03-04 (John Warner Road) Street
and Storm Drain Improvement Project - Proiect No. PW02-07
RECOMMENDATION:
16.1 Adopt a resolution entitled:
RESOLUTION NO. 03-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA EXPRESSING OFFICIAL INTENT REGARDING
CERTAIN CAPITAL EXPENDITURES TO BE REIMBURSED
FROM PROCEEDS OF TAX-EXEMPT OBLIGATIONS
16.2 Authorize the use of $1,137,000 from the General Fund to fully fund the
construction of the Assessment District 03-04 (John Warner Road) Street and
Storm Drain Improvements project ($1,012,500 will be reimbursed from
Assessment District 03-04 Bond proceeds and $124,500 will be sought to be
recovered from Rancho California Water District (RCWD);
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16.3
Award a construction contract for the Assessment District 03-04 (John Warner
Road) Street and Storm Drain Improvement Project- Project No. PW02-07 - to
McLaughlin Engineering and Mining, Inc. in the amount of $1,059,569.50 and
authorize the City Manager to execute the contract, provided the City Attorney
has determined that there is no significant legal risk associated with any protests
received at the Assessment District Public Hearing;
16.4
Authorize the City Manager to approve change orders not to exceed the
contingency amount of $105,956.95, which is equal to 10% of the contract
amount.
MOTION: Councilman Comerchero moved to approve staff recommendations 16.1, 16.2,
16.3, and 16.4. Mayor Pro Tern Naggar seconded the motion and voice vote reflected
unanimous approval.
17 Consideration of Adoption of Resolutions of Necessity for the acquisition in Eminent Domain
of certain real properties for public purposes
RECOMMENDATION:
17.1
Separately consider the twelve (12) Resolutions, which are Resolutions of
Necessity of the City of Temecula Declaring Certain Real Property Interests
Necessary for Public Purposes and Authorizing the Acquisition thereof in
connection with the Winchester Road Widening Project:
17.2
Open and conduct a hearing on the adoption of the proposed Resolutions of
Necessity, receive from staff the evidence stated and referred to in this agenda
report ("Report"), take testimony from any person wishing to be heard on issues
A, B, C, and D below, and consider all evidence to determine whether to adopt
the proposed Resolutions of Necessity, each of which requires the City Council's
separate consideration and determination;
17.3
If the City Council finds, based upon the evidence contained and referred to in
this Report, the testimony and comments received at this hearing, and all written
testimony submitted to the City Council, that the evidence warrants the
necessary findings with respect to each of the following twelve (12) proposed
Resolutions of Necessity, then staff recommends that the City Council, in the
exercise of its discretion, adopt the proposed Resolutions (each of which requires
a 4/5th vote of the entire Council) and authorize the City Attorney's office to file an
eminent domain proceeding to acquire the following real property interests:
· Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY OF TEMECULA DECLARING
CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR
PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE WIDENING AND
IMPROVEMENT OF WINCHESTER ROAD (27410 JEFFERSON
AVENUE)
· Adopt a resolution entitled:
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RESOLUTION NO. 03-
A RESOLUTION OF THE CITY OF TEMECULA DECLARING
CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR
PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE WIDENING AND
IMPROVEMENT OF WINCHESTER ROAD (26419 YNEZ ROAD)
Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY OF TEMECULA DECLARING
CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR
PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE WIDENING AND
IMPROVEMENT OF WINCHESTER ROAD (41125
WINCHESTER ROAD)
Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY OF TEMECULA DECLARING
CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR
PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE WIDENING AND
IMPROVEMENT OF WINCHESTER ROAD (41005
WINCHESTER ROAD)
Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY OF TEMECULA DECLARING
CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR
PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE WIDENING AND
IMPROVEMENT OF WINCHESTER ROAD (40975
WINCHESTER ROAD)
Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY OF TEMECULA DECLARING
CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR
PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE WIDENING AND
IMPROVEMENT OF WINCHESTER ROAD (40971
WINCHESTER ROAD)
Adopt a resolution entitled:
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RESOLUTION NO. 03-
A RESOLUTION OF THE CITY OF TEMECULA DECLARING
CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR
PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE WIDENING AND
IMPROVEMENT OF WINCHESTER ROAD (40967
WINCHESTER ROAD)
Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY OF TEMECULA DECLARING
CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR
PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE WIDENING AND
IMPROVEMENT OF WINCHESTER ROAD (40963
WINCHESTER ROAD)
Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY OF TEMECULA DECLARING
CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR
PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE WIDENING AND
IMPROVEMENT OF WINCHESTER ROAD (40949
WINCHESTER ROAD)
Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY OF TEMECULA DECLARING
CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR
PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE WIDENING AND
IMPROVEMENT OF WINCHESTER ROAD (40945
WINCHESTER ROAD)
Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY OF TEMECULA DECLARING
CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR
PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE WIDENING AND
IMPROVEMENT OF WINCHESTER ROAD (40941
WINCHESTER ROAD)
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· Adopt a resolution entitled:
RESOLUTION NO. 03-
A RESOLUTION OF THE CITY OF TEMECULA DECLARING
CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR
PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE WIDENING AND
IMPROVEMENT OF WINCHESTER ROAD (40915 AND 40917
WINCHESTER ROAD)
City Attorney Thorson presented the staff report (of record). He reported that both the
Developer and the City have been in extensive negotiations with the property owners from
which the City would seek to acquire the certain real properties. He stated, that as in the past,
even if approved, the City would continue to negotiate with the property owners to reach
settlement prior to any type of trial. He introduced Regina Danner of his firm, who has been
handling this action, and is present to answer any questions regarding these proceedings.
Mayor Stone asked what the primary source of contention is on this issue. City Attorney
Thorson explained multiple owners are involved, and with that some of the areas needed are
common areas, including portions of right-of-ways and portions of parking lots. Mayor Stone
further asked if parking spaces would be lost due to this acquisition.
Public Works Direc{or Hughes stated he looked at the location of the easements taken, and
reported that no permanent loss of the number of parking spaces were found, although there
may be temporary losses during construction.
Mayor Stone opened the hearing at 10:56 P.M.
Dr. John Ellis, Temecula, stated he has not spoken with any representative from the City
Attorney's Office. He listed three issues of concern: 1) The value of the lots (roughly twice what
the City is now offering); 2) The amount of parking spaces that will be effected and future uses
of the property if sold to another owner. 3) A proposed additional lane would not impact traffic,
but rather the freeway traffic has the greater impact.
Mayor Stone explained that State Law provides that the City must pay the property owners the
value determined at its highest and best use.
Public Works Director Bill Hughes stated that the City's negotiations have been somewhat
limited, and that the majority of negotiations that have taken place have been between the
Developer and the property owners. He explained that the Developer has the ability to offer a
higher price than the appraised value. The City, however, must offer the fair market value of the
property. Since a settlement has not been reached between the Developer and the property
owners, the developer has requested the Eminent Domain procedure begin.
Robert B. Rosenstein, 41877 Enterprise Circle, stated he is an attorney representing several of
the doctors. He stated that a formal offer was never made. He voiced the concerns of several
of the doctors regarding impact of patients trying to reach needed services. Mr. Rosenstein
made a formal request that this item be continued for four weeks.
Mayor Pro Tem Naggar asked if the action continues tonight, could negotiations still occur? City
Attorney Thorson stated that negotiations could still continue after the proposed action.
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Mr. Rosenstein explained that issues of proper notice, and other issues are in question. He
stated the price is not the only issue of concern. Mayor Pro Tern Naggar clarified with the City
Attorney that Lennar has indemnified the City as to the cost of litigation for this proceeding. City
Attorney Thorson confirmed that the City has no legal exposure in this matter.
Public Works Director Hughes voiced his concern regarding the critical timing of this process,
since permits are being pulled and improvements are not in place. He suggested not delaying
this action, since negotiations can still proceed. He explained that these improvements would
mitigate Lennar's impacts to traffic, not correct current conditions.
Mayor Stone asked what measures will be taken to assure access will be maintained during
construction of these improvements to patients using these facilities. Mr. Hughes stated that
with all permits issued, reasonable access must be maintained. He said that most access
points for these offices are not off of Winchester directly.
Mr. Rosenstein asked that the Council continue this item for two to four weeks, to allow him to
negotiate in good faith, as he was retained only yesterday afternoon.
Mayor Pro Tem Naggar asked if offers were made or not, and are we in a position to declare an
impasse. City Attorney Thorson explained that there is not a legal requirement for the City to
declare an impasse. He further clarified that there is a time period in the government code and
Lennar is free to ask the City's assistance to acquire this needed right-of-way. The City
conducted a full-scale appraisal of the property, interests that are being sought to be acquired,
temporary interests, severance damage, all done in accordance with eminent domain law. City
Attorney Thorson explained that an offer was formerly made to the property owners. There has
been at least 30 days between the making of the offer and the notice of tonight's hearing, which
notice had a 15-day period. The City staff has extensively analyzed the question of the impacts
if this work is not done, and that finding is contained in the staff report.
MOTION: Mayor Pro Tem Naggar moved to extend the meeting until 12:00 A.M. The motion
was seconded by Councilman Comerchero and voice vote reflected unanimous approval.
Dr. Kelly O'Neil, 29641 Ynez Road, questioned the necessity of the project, stating that the
freeway is causing the traffic concerns, not the Lennar Project. He further discussed future
impacts to the property.
Regina Danner, representing Richards Watson and Gershon, clarified certain points raised by
property owners. She stated that impacts to speculative future use, couldn't be used. She
reported, the City did send a formal offer letter to the doctors and tonight is the first time the City
has had a response. She stated, the City would continue to negotiate in good faith to work out
this matter.
Mayor Stone stated that since two weeks will not make that big of difference, he suggested this
matter be continued for two weeks to allow the property owners to become fully informed as to
the law so that negotiations can take place.
CounciLman Pratt stated his opposition to the necessity for these improvements.
MOTION: Mayor Stone moved to continue the hearing to the meeting of August 26, 2003.
Councilman Roberts seconded the motion and voice vote reflected unanimous approval.
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18
Consideration of Fundin.q for VFW Permits
(Requested by Mayor Pro Tem Naggar)
RECOMMENDATION:
18.1 Consider this request and provide direction to staff.
Assistant City Manager Jim O'Grady presented the staff report (of record).
Ron Brennan, 24810 Second Avenue, Murrieta, representing the V.F.W. thanked Mayor Pro
Tern Naggar, the City Council and City Staff. He reported a minimum of $15,000 is needed to
make improvements at Western Eagle. Anything the City could provide in the way of
assistance, he said, would be greatly appreciated.
Nick Carter, representing the American Legion, stated there is an effort to join forces with the
V.F.W. to make the new location a Veterans Center. He thanked the City Council for their
previous support, and looked forward to future joint efforts.
Mayor Stone asked what is needed to complete the project. Mr. Brennan answered that
assistance is needed with permits, and bringing the building up to code.
Councilman Comerchero stated it is his understanding that there is a $5,000 shortfall, in
addition to the need for relief of fees. He also stated there is a time-frame problem with the
County Board of Health, and requested that a letter be sent to the County Health Department
explaining the benefit the community receives from the V.F.W. and American Legion, and
requesting assistance on the timing of permits.
MOTION: Councilman Comerchero moved to approve a relief of fees for the V.F.W. as well
as an additional grant of $5,000, to come from Community Services Funding. Staff was further
directed to send a letter to the County Health Department on behalf of the V.F.W. and American
Legion, to assist with the timing of permits. The motion was seconded by Mayor Pro Tem
Naggar and voice vote reflected unanimous approval.
19 Cable, Video, and Telecommunications Ordinance
RECOMMENDATION:
19.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 03-
AN ORDINANCE OF THE CITY OF TEMECULA REGULATING
CABLE, VIDEO, AND TELECOMMUNICATIONS SERVICE
PROVIDERS, AND AMENDING IN ITS ENTIRETY CHAPTER
5.12 OF TITLE 5 OF THE TEMECULA MUNICIPAL CODE
19.2 Adopt a resolution entitled:
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RESOLUTION NO. 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING FEES FOR TRANSACTIONS
INVOLVING CABLE TELEVISION AND OPEN VIDEO SYSTEM
FRANCHISES AND REGISTRATION FEES FOR OTHER VIDEO
PROVIDERS
City Attorney Thorson presented the staff report (of record). He stated that Verizon
Communications does have several concerns that they have outlined in an email sent
yesterday afternoon. He stated Mr. Bill Ruddell, a Telecommunications Specialist at his firm, is
here to answer any questions they may have.
Mr. Alan D. Sabsevitz, representing Verizon, 1796 North I Street, San Bernardino, Ca 92405,
addressed the City Council, explaining he had 10 issues of concern in Article 5, to discuss with
the City Council.
Noting the late hour, Mayor Stone asked that this item be continued to the following meeting,
April 26, 2003, and this item, and Item No. 20, be heard early on the agenda.
20 Cable Franchise Renewal Committee Appointment
RECOMMENDATION:
20.1 Appoint one member from the City Council to serve on the negotiation team for
renewal of the Cable Franchise with Adelphia.
Mayor Stone, with City Council consensus, continued Items 19 and 20, to the meeting of August
26, 2003.
CITY MANAGER'S REPORT
None given.
CITY ATTORNEY'S REPORT
City Attorney Thorson said there was nothing to report from Closed Session.
ADJOURNMENT
Mayor Stone formally adjourned the meeting at 12:04 A.M.
'~ ~effrey"E'~tone, Mayor
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