HomeMy WebLinkAbout091603 CC MinutesMINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
SEPTEMBER 16, 2003
The City Council convened in Closed Session at 6:00 P.M. and in Open Session at 7:00 P.M.,
on Tuesday, September 16, 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 Sarah Hillier.
INVOCATION
The invocation was given by Reverend Lance Kerwin of Calvary Chapel of Temecula.
ALLEGIANCE
The flag ceremony was presented by Councilman Pratt.
PRESENTATION/PROCLAMATIONS
American Public Works Association Project of the Year Award for the Chaparral Pool
Mr. Roger Cunliff-Owen of the American Public Works Association presented to the City the
Project of Award for the Chaparral Aquatics Facility.
PUBLIC COMMENTS
A. Mr. Greg Morrison, 31045 Oak Hill Drive, representing the Chamber of Commerce,
invited the public to the 2003 Legislative Summit on Thursday, September 25, 2003, at the
Pechanga Resort/Casino, at 8:00 A.M. to 2:00 P.M.
B. The following individuals addressed the City Council with regard to traffic and vandalism
concerns within their neighborhood:
· Mr. Craig Turner 41777 Carleton Way
· Ms. Beverly Perkins 29462 Georgetown
· Ms. Kathy Fraley 41826 Carleton Way
· Mr. Joe Mattias 29436 Georgetown
· Ms. Susan Temblador 29477 Georgetown
· Ms. Ana Roe 41771 CadetonWay
· Ms. Dianne Ross 41839 Carleton Way
· Mr. Greg Wilken 41816 Carleton Way
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Issues of concerns and comments made by the above-mentioned individuals included the
following:
· That this matter was addressed by the Public Traffic Safety Commission in 2000
,, That the neighbors are requesting that the City Council address the matter
· That a gate be constructed at either one of the entrances to alleviate the cut-through
traffic
· That a 2000 City-initiated traffic study reflected 1,100 cars traveling, per day, through
this neighborhood; that a 2002 City-initiated traffic study reflected 1,400 cars traveling,
per day, through this neighborhood
· That this matter not be readdressed by the Commission
· That this matter must be addressed for public safety
· That this matter has had personal impacts on the quality of life
· That the neighborhood currently has a Community Watch Program
· That there has been increased vandalism throughout the neighborhood
· That additional Police presence would be helpful during the time high school is
dismissed as well as on weekend and weekend nights
· That the previously installed stop signs have been appreciated
· That versus the installation of gates, it was suggested closing the left-hand turn off
Margarita Road and retiming the Solana traffic light.
Opposing the above-mentioned comments, Mr. Darryl Mills, 29694 Windwood Circle, relayed
his appreciation to the Public Works Department for its effort in addressing the concerns by the
installation of the stop sign and noted that the concerned neighbors were solely desirous of
creating a gated community.
Appreciating the residents' input, Mayor Stone requested that the matter be readdressed by the
Public Traffic Safety Commission; that Council be provided data similar to that of the Stop Light
Abuse Program; and that there be a pronounced level of Police presence in the neighborhood.
C. Commenting on the impacts the development of apartments will have on Old Town, Mr.
Otto Baron, 41915 Fourth Street, addressed increased traffic and lack of parking spaces.
D. Ms. Carol Marsden, 30955 De Portola, representing the Temecula Valley Museum
Board of Directors, addressed the increasing presence of the homeless near Sam Hicks Park
and the Chapel and, therefore, requested uniform presence.
CITY COUNCIL REPORTS
A. Having attended a Highway 79 Policy Area Task Force meeting sponsored by
Supervisor Venable, Councilman Roberts commented on efforts to build Newport Road to six
lanes through an Assessment District; advised that funding problems may result with Clinton
Keith Road (proposed six lanes); that property owners are not concurring with a Community
Facilities District (CFD) for the expansion of Scott Road (four lanes); and that the State
Transportation Improvement Funding monies for Highway 79 from Domenigoni Road to
Thompson Road will not be available.
Having also attended a Railvolution Seminar, Councilman Roberts commented on
downtown redevelopment, mixed-use properties, and commercial/light rail.
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B. Councilman Pratt as well commented on the commuter bus transit services available to
the City's residents.
Mr. Pratt requested that the City Council consider agendizing for the September 23,
2003, City Council meeting the consideration of publishing names, citations, and cost of
citations in a local newspaper with repeat offenders being printed in bold print.
C. Commenting on the outstanding commuter bus service available to the residents,
Councilman Comerchero commended Congressman Issa on his efforts to obtain Federal
legislation ($1.95 million) for a transit center in the City of Temecula.
D. Mayor Pro Tem Naggar advised of the City's proactive approach with regard to the West
Nile Virus and read into the record the City's press release with regard to this matter.
Requesting that the matter be agendized, Mayor Stone noted that the City has concerns
with the Riverside County Integrated Plan (RCIP) such as the approval of upzones without
providing the necessary infrastructure. He advised that it has been suggested to the County
that if the infrastructure cannot be provided, that building permits be phased, noting that the
current County plan does not include such verbiage. In an effort to maintain the quality of life
and the air quality, Mr. Stone encouraged the citizens to take a proactive approach for the
phasing plan to ensure completion of needed infrastructure.
Advising that the City had requested Senator Hollingsworth to carry legislation to allow
the City to take control over SR 79 north and south in order for the City to coordinate signals
with the City's signal system to improve traffic flow and improve public safety, Mr. Stone noted
that the legislation had been passed by the Assembly and the Senate but that it was pulled by
Senator Hollingsworth the day it was to be signed by the Governor. In light of public safety,
Mr. Stone requested that the Senator reevaluate his actions.
City Manager Nelson noted that several City Councilmembers have requested that this
matter be agendized for the September 23, 2003 City Council meeting, noting that Senator
Hollingsworth has been invited to attend that meeting.
CONSENT CALENDAR
1 Standard Ordinance and Resolution Adoption Prnnedure
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 August 12, 2003.
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3
Resolution approvinq List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 03-114
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 July 31, 2003.
5 Contract Amendment with Schirmer Enqineerinq
RECOMMENDATION:
5.1 Approve a second contract amendment with Schirmer Engineering for an annual
amount of $25,000 and a total contract amount of $75,000.
6 Roberti-Z'Berq-Harris Block Grant Proqram
RECOMMENDATION:
6.1 Adopt a resolution entitled:
RESOLUTION NO. 03-115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE APPLICANT TO APPLY FOR
GRANT FUNDS FOR THE ROBERTI-Z'BERG-HARRIS BLOCK
GRANT PROGRAM UNDER THE CALIFORNIA CLEAN
WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND
COASTAL PROTECTION ACT OF 2002
7 Vacation of a Roadway Easement over Murrieta Creek and adjacent to Rancho Californi,~
Road to the Riverside County Flood Control and Water Conservation District
RECOMMENDATION:
7.1 Adopt a resolution entitled:
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RESOLUTION NO. 03-116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA INITIATING PROCEEDING TO VACATE A
PORTION OF RANCHO CALIFORNIA ROAD IN THE CITY OF
TEMECULA, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, AS SHOWN ON THE ATTACHED EXHIBITS A
AND B
8 Authorize Temporary Street Closures for Temecuia Fall Rod Run 2003 Event in Old Town
(Old Town Front Street between Moreno Road and Second Street and other related
streets)
RECOMMENDATION:
8.1 Adopt a resolution entitled:
RESOLUTION NO. 03-117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AUTHORIZING STREET
CLOSURES FOR TEMECULA FALL ROD RUN 2003 EVENT
AND AUTHORIZING THE CITY ENGINEER TO ISSUE A
PERMIT FOR THIS SPECIFIC SPECIAL EVENT
9
Acceptance of certain public streets into the City-maintained Street System within Parcel
Map No. 24185-2 (north of De Portola Road, west of Butterfield StaRe Road, south of
Jerez Lane, and east of Sunny Meadows Drive within the Paseo Del Sol Subdivision)
RECOMMENDATION:
9.1 Adopt a resolution entitled:
RESOLUTION NO. 03-118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO
THE CITY-MAINTAINED STREET SYSTEM (WITHIN PARCEL
MAP NO. 24185-2)
10 Acceptance of certain public streets into the City-maintained Street System within Parcel
Map No. 28482-1 (northwesterly of the intersection of Rancho California Road and
Meadows Parkway, south of Royal Birkdale Drive, north of Rancho California Road, e~t
of Temeku Drive, and west of Meadows Parkway in Temeku Hill Subdivision)
RECOMMENDATION:
10.1 Adopt a resolution entitled:
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RESOLUTION NO. 03-119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO
THE CITY-MAINTAINED STREET SYSTEM (WITHIN PARCEL
MAP NO. 28482-1)
11 Acceptance of certain public streets into the City-maintained Street System
RECOMMENDATION:
11.1 Adopt a resolution entitled:
RESOLUTION NO. 03-120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN PUBLIC STREETS
CONSTRUCTED BY DEVELOPERS INTO THE CITY-
MAINTAINED STREET SYSTEM
11.2 Adopt a resolution entitled:
RESOLUTION NO. 03-121
A RESOLUTION OF THE ClTY COUNClL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN PUBLIC STREETS
CONSTRUCTED BY THE CITY INTO THE CITY-MAINTAINED
STREET SYSTEM
12 Reimbursement Aqreement between Rancho California Water District and the City of
Temecula for the Pechanqa Parkway Phase IIA- Storm Drain Improvements - Proient
No. PW99-11SD
RECOMMENDATION:
12.1
Approve the Reimbursement Agreement between Rancho California Water District
(RCWD) and the City of Temecula for the Pechanga Parkway Phase IIA - Storm
Drain Improvements - Project No. PW99-1 lSD.
13 Professional Services A.qreement with Berryman & Heni.qar for Enqineerinq Desiqn Servicec
for the Rancho California Road Wideninq from Old Town Front Street to Interstate 15
alonq the south side - Project No. PW02-1 ,q
RECOMMENDATION:
13.1 Approve the agreement with Berryman & Henigar to provide professional design
services in an amount not to exceed $135, 805.00 and authorize the Mayor to
execute the agreement;
13.2 Authorize the City Manager to approve amendments to the agreement not to exceed
the contingency amount of $13,580.50 which is equal to 10% of the agreement total.
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14 French Valley Parkway/I-15 Interchan.qe Des .qn Cooperat ve Aqreement with the State of
California Department of Transportation
RECOMMENDATION:
14.1 Adopt a resolution entitled:
RESOLUTION NO. 03-122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A DESIGN COOPERATIVE
AGREEMENT, NO. 8-1217, BETWEEN THE STATE OF
CALIFORNIA, DEPARTMENT OF TRANSPORTATION, AND
THE CITY OF TEMECULA FOR THE DESIGN OF A NEW
INTERCHANGE (FRENCH VALLEY PARK~VAY) ON ROUTE 15
BE'I'~VEEN THE EXISTING WINCHESTER ROAD (STATE
ROUTE 79 NORTH) INTERCHANGE AND THE 1-15/I-215
JUNCTION
(Pulled for separate discussion; see pages 8-9.)
15 Infrastructure Fundinq and Reimbursement Aqreement (Deer Hollow Way)
RECOMMENDATION:
15.1 Approve the Infrastructure Funding and Reimbursement Agreement for Deer Hollow
Way by and among the County of Riverside, the City of Temecula, Centex Homes, a
Nevada general partnership, and Redhawk Communities, Inc.;
15.2 Authorize the Mayor to execute the agreement.
16 Completion and Acceptance of Construction Contract for the FY 2002-2003 Slurry Seal
Proqram - Proiect No. PW03-02
RECOMMENDATION:
16.1 Accept the FY 2002-2003 Slurry Seal Program - Project No. PW03-02 - as
complete;
16.2 File a Notice of Completion, release the Performance Bond, and accept a 12-month
Maintenance Bond in the amount of 10% of the contract;
16.3 Release the Materials and Labor Bond seven months after filing of the Notice of
Completion if no liens have been filed.
17 Award of Construction Contract for the Battery Back-up System for Traffic Siqna s ut zinq
LED Modules - Citywide - Project No. PW03-04
RECOMMENDATION:
17.1 Award a construction contract for the Battery Back-up System for Traffic Signals
utilizing LED Modules - Citywide - to TDS Engineering in the amount of
$139,786.00 and authorize the Mayor to execute the contract;
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17.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $6,989.30 which is equal to 5% of the contract amount;
17.3 Approve an increase of Grant Revenue in the amount of $82,776.00;
17.4 Approve an appropriation of $82,776.00 to the Traffic Improvement Budget from
Grant Revenue.
18 Ordinance No. 03-09 (Linfield School Master Plan)
RECOMMENDATION:
18.1 Adopt an ordinance entitled:
ORDINANCE NO. 03-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE ZONING MAP OF THE CITY OF
TEMECULA FROM PUBLIC INSTITUTIONAL (PI) TO PLANNED
DEVELOPMENT OVERLAY (PDO-7), AND ADOPTING
SECTIONS 17.22.180 THROUGH t7.22.188 OF THE
MUNICIPAL CODE INCLUDING THE PDO TEXT AND
DEVELOPMENT STANDARDS, FOR PROPERTY GENERALLY
LOCATED NORTH OF PAUBA ROAD, SOUTH OF RANCHO
VISTA ROAD, EAST OF MARGARITA ROAD, AND WEST OF
MEADOWS PARKWAY AND KNOWN AS ASSESSOR'S
PARCEL NO. 955-002-002
19 Ordinance No. 03-10 (Harveston Specific Plan)
RECOMMENDATION:
19.1 Adopt an ordinance entitled:
ORDINANCE NO. 03-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE OFFICIAL ZONING MAP FOR
THE CITY OF TEMECULA TO INCLUDE TWO OUT-PARCELS
WITHIN THE HARVESTON SPECIFIC PLAN
MOTION: Councilman Comerchero moved to approve Consent Calendar Item Nos. 1 - 13 and
15-19 (Item No. 14 was considered under separate discussion; see pages 8-9). The
motion was seconded by Mayor Pro Tern Naggar and voice vote reflected unanimous approval.
Consent Calendar Item considered under separate discussion
14
French Valley Parkway/I-15 Interchanqe Desiqn Cooperative A.qreement w th the State of
California Department of Transportation
RECOMMENDATION:
19.2 Adopt a resolution entitled:
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RESOLUTION NO. 03-122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A DESIGN COOPERATIVE
AGREEMENT, NO. 8-1217, BETWEEN THE STATE OF
CALIFORNIA, DEPARTMENT OF TRANSPORTATION, AND
THE CITY OF TEMECULA FOR THE DESIGN OF A NEW
INTERCHANGE (FRENCH VALLEY PARKVVAY) ON ROUTE 15
BETWEEN THE EXISTING WINCHESTER ROAD (STATE
ROUTE 79 NORTH) INTERCHANGE AND THE 1-15/I-215
Public Works Director Hughes reviewed the staff report (of record) with Councilman Pratt
relaying his opposition to the recommendation, noting that a new environmental impact report
under CEQA should have been completed based on the cumulative impacts and that the
proposed project will not mitigate traffic impacts. With Caltrans' cooperation, Mr. Hughes noted
that the proposed project would be phased in an effort to provide relief for the Interstate 15
southbound ramp as early as two and a half to three years and that it would as well provide
relief at the 15/215 merge.
Commenting on the traffic mitigation impacts this project will provide, Mayor Pro Tem Naggar
spoke in support of this project.
Mayor Stone requested that Public Works Director Hughes provide a presentation of this project
at the October 28, 2003, City Council meeting.
Councilman Roberts advised that this project, through the extension of Measure A funds, has
been funded but that bonding will be explored in an effort to receive monies in advance of 2009.
MOTION: Councilman Roberts moved to approve Consent Calendar Item No. 14. The motion
was seconded by Councilman Comerchero and voice vote reflected approval with the
exception of Councilman Pratt who voted n~o.
Because it has previously been presented to the City Council for review, City Attorney Thorson
noted that Councilman Pratt's request to agendize traffic citation disclosure would require a City
Council motion.
MOTION: Councilman Pratt moved to approve traffic citation disclosure. Due to the lack of a
second, this motion died.
At 8:20 P.M., the City Council convened as the Temecula Community Services District and the
Temecula Redevelopment Agency, the City Council meeting resumed with regular business at
8:24 P.M.
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COUNCIL BUSINESS
20 Consideration of Adoption of Resolutions of Necessity for the acquisition in Eminent Domain
of certain real properties for public purposes
(Continued from the meeting of August 26, 2003)
RECOMMENDATION:
20.1
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:
20.2
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;
20.3
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. 03-123
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:
RESOLUTION NO. 03-124
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:
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RESOLUTION NO. 03-125
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. 03-126
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. 03-127
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. 03-128
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:
RESOLUTION NO. 03-129
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)
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· Adopt a resolution entitled:
RESOLUTION NO. 03-130
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. 03-131
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. 03-132
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-t33
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)
· Adopt a resolution entitled:
RESOLUTION NO. 03-134
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)
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City Attorney Thorson provided the staff report (of record), advising that each proposed
resolution must be individually adopted and that adoption will require a four-fifths vote.
Advising that he was of the opinion that a solution had been reached and would be presented to
the City Council in Closed Session but because of notification requirements it would not be
discussed this evening, Mr. Robert Rosenstein, 41877 Enterprise Circle North, #200, attorney,
relayed his surprise to the proposed recommendation, noting the following:
Concerns of the impacted doctors
o Construction workers to not park in any lots utilized by the doctors or other
individuals
o Green belt issues
o Development of a Staging Agreement
o Proposed acquisition amount
For Mr. Rosenstein, Mayor Stone noted that, to his understanding, Council action this evening
would not preclude negotiations from continuing but that it would give the City the possession of
the property in order to begin planning for the needed infrastructure improvements on SR 79.
Concurring that negotiations will continue in an effort to prepare a settlement agreement
acceptable to all parties, City Attorney Thorson noted that this matter has already been delayed
for six weeks and, therefore, would recommend taking action on this item.
Ms. Gina Danner, counsel representing the City, referenced her discussion with Mr. Rosenstein
and noted the following:
· That she had advised Mr. Rosenstein that three of his clients' concerns were
concerns that she was of the opinion could be resolved fairly quickly
· That Mr. Rosenstein had faxed a letter to the attorney's office on Friday afternoon
with regard to the value interest to be acquired and to request that a settlement
agreement be prepared and taken to Closed Session for City Council action for
September 16, 2003; that on Monday, she had addressed this letter/request with Mr.
Rosenstein and advised him that because of insufficient time to notice the Closed
Session or to discuss the proposed acquisition amount with the City Council and,
therefore, noted that the matter would not be discussed in Closed Session
· That she was confident that a resolution would be attainable
· That adoption of the resolutions of necessity is required in order to clear title
· That adoption of the resolutions would not preclude the City from continuing to
negotiate and reach a settlement agreement.
For clarification at Councilman Comerchero's request, City Attorney Thorson informed the City
Council that the Council would be within the confines of the Brown Act in terms of the
resolutions being proposed this evening.
In an effort to resolve this matter, Mr. Rosenstein requested that this matter be continued to the
next meeting.
Aware of Mr. Rosenstein's clients' concerns, City Attorney Thorson reiterated that the City will
continue to negotiate with his clients and that Council action, this evening, would not
detrimentally impact his clients. Mr. Thorson advised that the City must obtain possession of
the property pdor to construction.
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In response to City Attorney Thorson, Mr. Rosenstein noted that his clients would be impacted
by way of attorney fees and stress, relaying his desire to formulate a cost-effective resolution for
those involved.
Advising that agencies use condemnation on a regular basis to help supply public facilities to
the public, Public Works Director Hughes clarified that public agencies do not view
condemnation as a conflict and, therefore, it is often referred to as friendly condemnation;
advised that the proposed recommendation will be necessary to take possession of the property
at the earliest possible date so that construction may begin; that after the possession of the
property, the agency and property owners may continue to negotiate details of a settlement
agreement; noted that it would be critical to not prolong this matter any further; and as well
reassured the Council and Mr. Rosenstein that the City will continue to work toward a settlement
agreement in everyone's best interest.
Although recognizing Mr. Rosenstein's responsibility to his clients, Mayor Pro Tern Naggar
commented on the responsibility the City has, as well, to his clients and to all its citizens and,
therefore, spoke in support of proceeding with the recommended action.
Further addressing the matter, Mr. Rosenstein noted the following:
· That one of the four items of necessity would be to assure proper notice has been given
to the property owners and proper offers were made to the property owners; that each
individual property owner did not receive notice; that offers were sent to a single
address; that, therefore, under Code Section 7262 there has been a faulty notice and,
therefore, the City Council should reject the recommendation
· That no notice was sent to the associated condominium association
· That the purpose of the taking and widening was to create another lane onto the 1-15
north freeway; that his clients were specifically told there would not be an additional lane
created onto I-15; that the information provided was false, misleading, and untrue
· That no other alternatives were considered or provided
· That the impacts of discussion are as a result of the Harveston project; that the issue
that needs to be addressed is the backup occurring from the freeway.
At this time, the public hearing was closed.
Although understanding the complexity of this issue, Councilman Comerchero noted that, in his
opinion, the proposed action would not have a negative bearing on Mr. Rosenstein's clients with
the exception that Mr. Rosenstein may feel that such action would place his clients in a
weakened negotiating position. In light of comments that the City will continue its negotiations
with Mr. Rosenstein's clients, Mr. Comerohero spoke in support of proceeding this evening.
Echoing Councilman Comerohero's comments, Councilman Roberts commented on the six
weeks this matter has already been delayed; addressed the need for a right-hand turn; and
spoke in support of staff's recommendation.
Relaying his opposition to the proposed actions because of the need to complete the cumulative
review process as per CEQA, Councilman Pratt recommended the formation of Mobility
Coordination Plan in an effort to address traffic for public safety as well as the City's economic
future.
In light of the serious traffic issues on Winchester Road and the upcoming environmental impact
report for the Community College, Mayor Pro Tern Naggar commented on the need to address
this matter at this time; commented on the approved Roripaugh Ranch Project and its
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associated infrastructure improvements; supported staff's recommendation to proceed but as
well requested that Mr. Rosenstein's comments with regard to construction parking, fair
compensation, etc. be addressed.
Appreciating Mr. Rosenstein's comments, Mayor Stone reiterated that the City will continue its
negotiations with his clients and will pay market value for the property; that the City had taken
the appropriate measure to notice this matter; that the City, in its history, has seldom used
eminent domain; that it has always been a friendly process; that taking possession of the
property will not create a disadvantage for the property owners; and that, therefore, he would
support the recommended action.
Councilman Pratt reiterated that the proposed action would not be money well spent.
City Attorney Thorson reiterated for the City Council that negotiations will continue.
MOTION: Councilman Roberts moved to adopt Resolution No. 123. The motion was seconded
by Councilman Comerchero and voice vote reflected approval with the exception of
Councilman Pratt who vote n._Qo.
MOTION: Councilman Roberts moved to adopt Resolution No. 124.
by Councilman Comerchero and voice vote reflected approval
Councilman Pratt who vote n._Qo.
The motion was seconded
with the exception of
MOTION: Councilman Roberts moved to adopt Resolution No. 125.
by Councilman Comerchero and voice vote reflected approval
Councilman Pratt who vote n~o.
The motion was seconded
with the exception of
MOTION: Councilman Roberts moved to adopt Resolution No. 126.
by Councilman Comerchero and voice vote reflected approval
Councilman Pratt who vote n._Qo.
The motion was seconded
with the exception of
MOTION: Councilman Roberts moved to adopt Resolution No. 127. The motion was seconded
by Councilman Comerchero and voice vote reflected approval with the exception of
Councilman Pratt who vote n~o.
MOTION: Councilman Roberts moved to adopt Resolution No. 128. The motion was seconded
by Councilman Comerchero and voice vote reflected approval with the exception of
Councilman Pratt who vote n_.Qo.
MOTION: Councilman Roberts moved to adopt Resolution No. 129. The motion was seconded
by Councilman Comerchero and voice vote reflected approval with the exception of
Councilman Pratt who vote n._~o.
MOTION: Councilman Roberts moved to adopt Resolution No. 130. The motion was seconded
by Councilman Comerchero and voice vote reflected approval with the exception of
Councilman Pratt who vote n._~o.
MOTION: Councilman Roberts moved to adopt Resolution No. 131. The motion was seconded
by Councilman Comerchero and voice vote reflected approval with the exception of
Councilman Pratt who vote n._Qo.
MOTION.: Councilman Roberts moved to adopt Resolution No. 132. The motion was seconded
by Councilman Comerchero and voice vote reflected approval with the exception of
Councilman Pratt who vote n_go.
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MOTION: Councilman Roberts moved to adopt Resolution No. 133. The motion was seconded
by Councilman Comerchero and voice vote reflected approval with the exception of
Councilman Pratt who vote no.
MOTION: Councilman Roberts moved to adopt Resolution No. 134. The motion was seconded
by Councilman Comerchero and voice vote reflected approval with the exception of
Councilman Pratt who vote no.
MOTION: Councilman Roberts moved to authorize the City Manager to execute all necessary
documents in connection with these matters. The motion was seconded by Councilman
Comerchero and voice vote reflected approval with the exception of Councilman Pratt who
vote n__o.
21 Appointments for Zone Committee - Transportation Uniform Mitiqation Fee (TUMF) Proqram
& Western Riverside Council of Government
RECOMMENDATION:
21.1 Appoint Councilmember Roberts as a Zone Committee representative for the
Transportation Uniform Mitigation Fee (TUMF) Program for the Western Riverside
Council of Government;
21.2 Appoint another City Councilmember as an altemate for the Zone Committee
representative for the Transportation Uniform Mitigation Fee (TUMF) Program for
the Western Riverside Council of Government.
MOTION: Councilman Comerchero moved to appoint Councilman Roberts as a Zone
Committee representative for the Transportation Uniform Mitigation Fee (TUMF) Program for
the Western Riverside Council of Government and to appoint Mayor Pro Tem Naggar as an
alternate for the Zone Committee representative for the Transportation Uniform Mitigation Fee
(TUMF) Program for the Western Riverside Council of Government. Councilman Roberts
seconded the motion and voice vote reflected unanimous approval.
CITY MANAGER'S REPORT
No additional comment.
CITY A'I-FORNEY'S REPORT
City Attorney Thorson advised that under the Brown Act, there were no items to report from
Closed Session.
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ADJOURNMENT
At 9:45 P.M., the City Council meeting was formally adjourned to an adjourned regular meeting
on Tuesday, September 23, 2003, at 7:00 P.M., in the City Council Chambers, 43200 Business
Park Drive, Temecula, California.
__~UL..~ffrey E. Stone, Mayor
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