Loading...
HomeMy WebLinkAbout112304 CC Minutes I I I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL NOVEMBER 23, 2004 The City Council convened in Closed Session at 6:00 P.M. and in Open Session at 7:00 P.M. on Tuesday, November 23, 2004, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: 5 Councilmembers: Comerchero, Roberts, Stone, Washington, and Naggar Absent: 0 Councilmembers: None PRELUDE MUSIC The prelude music was provided by Sienna Naggar accompanied by Helen Miller. INVOCATION The invocation was given by Reverend Lance Kerwin of Calvary Chapel of Temecula. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Councilman Stone. PRESENT A TIONS/PROCLAMA TIONS Candleliqht Tribute Proclamation Ms. Mejia introduced Ms. Harkey, Ms. Strickland, and Chaplain Wimberly; accepted the proclamation; and invited the public to attend the Candlelight Tribute. Chaplain Wimberly as well welcomed the community to come together to take this opportunity to remember those that were loved and lost. Mayor Naggar thanked those involved for sharing their loss and, thereby, allowing the community to grieve together. Certificate of Appreciation for Darrell Connerton Thanking the City Council for this recognition, Mr. Connerton accepted the certificate and expressed his delight with having had the opportunity to serve the City. PUBLIC COMMENTS A. Sharing a picture and fond comments made to him by visitors of the Veterans' Memorial, Mr. and Mrs. David and Barbara Micheal, Murrieta, publicly praised Community Services Director Parker for his dedicated effort, support, patience, and care and presented to the City a check in the amount of $23,000 from the Veterans of Foreign Wars for its share of the expenses for the Path of Honor - Veterans' Memorial. R:\Minutes\ 112304 I I I Mrs. Micheal extended a special gratitude to the Community Services Department for their associated efforts. Mayor Naggar thanked Mr. Micheal for his dedicated efforts with the completion of this memorial. B. Commenting on the number of times this matter has been addressed at the City Council, Ms. K. Laura Upton, Temecula, expressed continued concern with the speeding problem on Calle Pina Colada and requested that the City Council address this issue and suggested the possibility of installing stop signs. C. Noting that Calle Pina Colada is being utilized as a collector road/arterial road, Ms. Jayme Christian, Temecula, requested that this matter be addressed by the City Council. D. Mr. Todd Johnson, Temecula, representing 3M Company, familiarized to the City Council with an effective traffic control device - driver feedback sign. Having invited Mr. Johnson to the City Council to share this device, Councilman Stone requested that a few extra minutes be granted to Mr. Johnson. Continuing with his presentation, Mr. Johnson described the driver feedback sign. Mr. Stone encouraged the City Council to grant Mr. Johnson the ability to meet with the Public Works Department in an effort to reduce speeds throughout the City. Mayor Naggar suggested that Mr. Johnson contact Public Works Director Hughes to explore the services of the 3M Company or any other company with similar services. For the public, Mr. Hughes briefly advised that the City is currently utilizing similar signs. E. Speaking on behalf of Mr. Howard Cunningham, Ms. Sue Heh, Wildomar, addressed the closure of the Workforce Development Center; encouraged the City Council to continue its efforts on behalf of the unemployed or underemployed; and suggested that the City obtain further assistance in reestablishing the Workforce Development Center. Mayor Naggar requested that information with regard to possible closure of the Workforce Development Center be forwarded to the City Council. City Manager Nelson noted that staff is in process of working on this matter. CITY COUNCIL REPORTS A. Having lost a recent golf bet, Councilman Washington, as a result of this loss, confessed his loss on television. Having heard a number of complaints about the new Employee Benefit Program with Sprint, Mr. Washington requested that the matter be explored by staff. Commending City Manager Nelson, Community Services Director Parker, and City staff for the wonderful Veterans' ceremony, Mr. Washington expressed his feelings with regard to the outstanding memorial. Mr. Washington as well commended Mr. Micheal on his efforts associated with the memorial. R:\Minutes\112304 I I I In light of the upcoming Candlelight Tribute on December 4, 2004, at the Promenade Mall, Mr. Washington expressed his and his family's deepest sympathy to Sheryl Brogden and her children on the loss of her husband and their father. B. Councilman Roberts commended Mr. Washington on publicly announcing that he had a bad golf game. Concurring with the comments made by the residents of Pina Colada, Councilman Roberts noted that the problem is that Pina Colada is a wide street and it has no stop signs for a long distance, viewing this street as a cut-through street and noting that the previously installed speed bumps did not resolve the problem; and that, therefore, these bumps were removed. Mr. Roberts requested that this matter be addressed by the Public Traffic Safety Commission. C. Having recently traveled to Nakayama, Japan, Councilman Roberts commented on the 10-year Sister City relationship celebration and shared City-to-City gifts. By way of a video, Mr. Roberts shared the unveiling ceremony, celebrating the 10th anniversary of our Sister City relationship in Nakayama. Mr. Roberts commended Community Services Director Community Services Director Parker, Maintenance Superintendent Harrington, and the Community Services Department staff for their diligent efforts in completing the Japanese Garden, with special recognition to Mr. Harrington on his design of the garden and the coordination of it. In closing, Mr. Roberts distributed commemorative anniversary gifts to each Councilmember. Echoing Councilman Roberts, City Manager Nelson as well commended Maintenance Superintendent Harrington on his efforts and as well recognized Mr. Vince Dedonado who volunteered his time to assist Mr. Harrington in the completion of the Japanese Garden. D. Thanking Councilman Roberts for bringing the Japanese Garden project to the Council's attention, Mayor Pro Tem Comerchero encouraged the public to visit the Duck Pond. Expressing his appreciation of the Veterans' Memorial, Mr. Comerchero encouraged the public to view the memorial. Thanking those involved in the Children's Museum project, Mr. Comerchero advised that the museum has received an award from the Themed Entertainment Association - an international association. E. Congratulating Mayor Pro Tem Comerchero and Mrs. Pat Comerchero on their vision of the Children's Museum, Councilman Stone commended the City on its receipt of this award. Mr. Stone commended Councilman Roberts for his vision of the Duck Pond property and extended kudos to Councilman Washington for his efforts with the construction of the City's theater. In response to Ms. Christian's concerns with regard to Pina Colada, Mr. Stone noted that he was under the impression that the cut-through problem was under control and appreciated her input and encouraged the public to communicate with the City Council members regarding any concerns. Having attended a California Association of County Governments seminar, Councilman Stone commented on this learning experience for incumbent supervisors and newly elected supervisors to better acquaint themselves with their new job responsibilities, noting that there are 257 supervisors in the State of California; that 50 of these 257 were newly elected R:\Minutes\112304 I I I supervisors, which was one of the highest percentage turnovers of supervisors; that at the seminar, he had met Mr. Todd Johnson of 3M Company; and that he had as well communicated with a company that explores State and Federal grants for cities for various projects. And, lastly, having visited the Farmers' Market last weekend, Mr. Stone expressed his delight with the market and its operation and encouraged the expansion of the Farmers' Market. F. Mayor Naggar wished everyone a Happy Thanksgiving. CONSENT CALENDAR Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of October 26, 2004; 2.2 Approve the minutes of November 9, 2004. (Councilman Roberts abstained with regard to 2.2.) 3 Resolution approvinq List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 04-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Acceptance of the northerlv half-width of Deer Hollow Wav into the City-maintained Street Svstem within Tract Map No. 29305-1 RECOMMENDATION: 4.1 Adopt a resolution entitled: R:\Minutes\ 112304 I I I RESOLUTION NO. 04-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE NORTHERLY HALF-WIDTH OF DEER HOLLOW WAY INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT MAP NO. 29305-1) 5 Environmental Enhancement and Mitiqation Proqram IEEM\ Grant Application for FY 2005-2006 RECOMMENDATION: 5.1 Receive and file this report regarding our Environmental Enhancement and Mitigation Program (EEM) Grant Application for the development of the Temecula Park and Ride Landscape Enhancement Project and authorize the Director of Public Works to forward said application to the California Resources agency; 5.2 Adopt a resolution entitled: RESOLUTION NO. 04-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE TEMECULA PARK AND RIDE LANDSCAPE ENHANCEMENT PROJECT 6 Revisions to the Schedule of Authorized Positions RECOMMENDATION: 6.1 Approve the Schedule of Authorized Positions as amended. 7 Purchase of six City Vehicles RECOMMENDATION: 7.1 Approve the purchase of the following vehicles from Paradise Chevrolet: . One 2005 - Sedan Impala . One 2005 - SUV Trailblazer $17,457.78 $27,208.87 7.2 Approve the purchase of the following vehicles from Carriage Motor Company: . Two 2005 - 2WD GMC Sierra Pick-up Trucks $17,801.38 (each) $24,670.95 . One 2005 - 4WD :y" ton GMC Sierra Pick-up Truck R:\Minutes\112304 I I I . One 2005 - 1 ton Cargo Van $20,131.67 8 Appointment to Weed Abatement Appeals Board RECOMMENDATION: 8.1 Appoint the Standing Chairs of the PubliclTraffic Safety Commission and the Community Services Commission to the Weed Abatement Appeals Board. 9 Second Readinq of Ordinance No. 04-14 (Temecula Creek Villaqe) RECOMMENDATION: 9.1 Adopt an ordinance entitled: ORDINANCE NO. 04-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE TEXT OF THE TEMECULA CREEK VILLAGE PLANNED DEVELOPMENT OVERLAY (PDO) ZONING DOCUMENT TO PERMIT THE SALE OF ALCOHOL IN THE VILLAGE COMMERCIAL PLANNING AREA AND OTHER MINOR TEXT AMENDMENTS FOR CLARIFICATION MOTION: Councilman Washington moved to approve Consent Calendar Item Nos. 1 - 9. The motion was seconded by Mayor Pro Tem Comerchero and electronic vote reflected approval with the exception of Councilman Roberts who abstained with regard to Item No. 2.2. At 7:59 P.M., the City Council conyened as the Temecula Community Services District, the Temecula Redevelopment Agency, and the Temecula Public Financing Authority. At 8:06 P.M., the City Council resumed with regular business. 10 Tarqet Corporation - PA03-0726 - Minor Conditional Use Permit and Findinqs of Public Conyenience and Necessity RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 04-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA UPHOLDING THE PLANNING COMMISSION DENIAL FOR A MINOR CONDITIONAL USE PERMIT AND FINDINGS OF PUBLIC CONVENIENCE AND NECESSITY TO ALLOW THE SALES OF BEER AND WINE (TYPE 20 LICENSE) WITHIN AN EXISTING 101,909 SQUARE FOOT TARGET STORE LOCATED AT 19676 RANCHO CALIFORNIA ROAD AND KNOWN AS ASSESSORS PARCEL NO. 921-320-053 R:\Minutes\112304 I I I As an owner of property outside of the City but because he is negotiating an easement over his property to accommodate the expansion of a Target Store, City Attorney Thorson advised that Mayor Naggar will be abstaining from this matter. Planning Director Ubnoske provided the staff report (as per agenda material), noting that Alcohol Beverage Control (ABC) uses census tracts as its means of calculating, based on existing population, the allowable number of permits; that, in response to Councilman Washington, noted that the boundary map drawn by ABC has no correlation to City zoning; that, for Councilman Stone, advised that City staff used the same argument as far as convenience and necessity in denying a neighboring business the opportunity to sell spirits as was used for the Target Corporation; and that, for Councilman Roberts, Section 2 of the Findings was answered by the applicant. At this time, the public hearing was opened. Ms. Sharon Bishop, representing Target Corporation, provided an overview of Target Corporation's desire to sell premium wine in the Temecula Target Store; emphasized that Target shares the City's concerns with regard to the sale of alcohol; that, therefore, training and point-of-sale measures have been implemented to ensure the proper sale of wine; that currently 100 Target stores in California sell wine; and that Target Corporation has an interest in selling wine in order to expand its market. For Councilman Roberts, City Attorney Thorson confirmed that the Target Corporation is only requesting the sale of wine. At this time, the public hearing was closed. Although having no problem with Target Corporation selling wine, Councilman Stone stated that the City must be consistent in its approval/denial process for all businesses. Having, in the past, entertained an alcohol license for spirits, Mr. Stone advised that the City has denied such a license to a business owner who owns a couple of convenience stores. Mr. Stone reiterated the need for the City to be consistent with its decisions regarding this matter and, therefore, concurred with the Planning Commission to deny the Target Corporation the ability to sell wine. Not having been on the Council when that prior denial of an alcohol license was considered, as mention by Councilman Stone, Councilman Washington relayed his opposition to the arbitrary nature of the boundaries set by ABC and its basis on population; that the sale of wine at Target would be a public conyenience; that the request would not be to consume wine on the premises; that living in wine country, this would be an opportunity to promote premium wines at Target; that although he concurred with Mr. Stone with respect to inconsistency on the decision-making process, Mr. Washington stated that the Target Corporation should not be penalized for this action and, therefore, spoke in support of establishing a consistent policy. Considering the number of Type 20 alcohol licenses (12) in the surrounding neighborhood and considering only five should have been approved, Councilman Roberts expressed his opposition to the sale of wine at Target. Having previously voted against an upgrade to sell hard spirits for a neighboring business, Mr. Roberts reiterated his opposition. Making the general acknowledgement that the system by which the City approves and allocates liquor license should be addressed, Mayor Pro Tem Comerchero noted that the City is in the process of overhauling that system; however, at this point, other businesses within the City have R:\Minutes\112304 I I I had to adhere to this standard. Mr. Comerchero echoed the comments made with regard to consistency and to treat all business owners the same. In response to Mayor Pro Tem Comerchero, City Attorney Thorson advised that with regard to this matter, the City is operating under the City's Conditional Use Permit which may be amended and the State law which requires the City to address the findings of necessity and convenience in the census tract and that if the applicant were denied at this time, the applicant may reapply at a future date. In response to Councilman Washington, Councilman Stone commented on the City's reasoning for exceeding the allowable licenses, noting that these licenses were primarily for larger retailers (grocery stores and department stores); that he would prefer the findings for convenience and necessity be completely eliminated; and that the City must apply these decisions on a consistent basis whether for a larger retail business or a small business. If the request before the Council were denied, Deputy City Manager Thornhill suggested that it be denied without prejudice, giving the applicant the ability to reapply within a 12-month period in the event the City were to resolve this issue within the near future. MOTION: Councilman Stone moved to deny the appeal without prejudice for a 12-month period and to uphold the Planning Commission's decision. The motion was seconded by Councilman Roberts. The electronic vote reflected approval with the exception of Mayor Naggar who abstained and Councilman Washington who voted in opposition. While staff will be addressing this issue, Councilman Stone suggested that there should be a distinction between the two different types of licenses. By denying this appeal without prejudice, City Attorney Thorson advised that the applicant will not have to wait one year to readdress this matter and that the applicant will not have to resubmit fees. 11 Rancho Temecula Town Center PA02-0360 General Plan Amendment; PA02-0363 Specific Plan Amendment: PA02-0364 Development Plan; PAO2-0365 Tentative Parcel Map; PAO4-0540 Conditional Use Permit RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 04-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR THE RANCHO TEMECULA TOWN CENTER, GENERALLY LOCATED ON THE NORTHEAST CORNER OF WINCHESTER ROAD AND NICOLAS ROAD AND KNOWN AS ASSESSORS PARCEL NOS. 920-100-001 THROUGH 920-100-013 (PA02- 0360, 02-0363, 02-0364, 02-0365, AND 04-0540) 11.2 Adopt a resolution entitled: R:\Minutes\ 112304 I I I RESOLUTION NO. 04-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE DESIGNATION FROM NEIGHBORHOOD COMMERCIAL (NC) TO COMMUNITY COMMERCIAL (CC) ON 20.2 ACRES GENERALLY LOCATED ON THE NORTHEAST CORNER OF WINCHESTER ROAD AND NICOLAS ROAD AND GENERALLY KNOWN AS ASSESSORS PARCEL NOS. 920-100-001 THROUGH 920-100-013 (PA02-0360) 11.3 Introduce and read by title only and ordinance entitled: ORDINANCE NO. 04-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE LAND USE DESIGNATION OF THE RORIPAUGH ESTATES SPECIFIC PLAN FROM NEIGHBORHOOD COMMERCIAL (NC) TO COMMUNITY COMMERCIAL (CC) AND REVISE THE DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR PLANNING AREA 9, LOCATED ON THE NORTHEAST CORNER OF WINCHESTER ROAD AND NICOLAS ROAD (PA02-0363) 11.4 Adopt a resolution entitled: RESOLUTION NO. 04-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE PARCEL MAP NO. 30719 TO SUBDIVIDE 20.2 ACRES INTO 12 PARCELS, LOCATED ON THE NORTHEAST CORNER OF WINCHESTER ROAD AND NICOLAS ROAD AND KNOWN AS ASSESSORS PARCEL NOS. 920-100-001 THROUGH 920-100-013 (PA02- 0365) 11.5 Adopt a resolution entitled: RESOLUTION NO. 04-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0364 - A DEVELOPMENT PLAN TO CONSTRUCT APPROXIMATELY 162,860 SQUARE FEET OF COMMERCIAL RETAIL SPACE, INCLUDING THREE MAJOR TENANTS, SEVEN PADS, AND A TOTAL OF FOUR DRIVE-THROUGH FACILITIES, LOCATED ON THE NORTHEAST CORNER OF WINCHESTER ROAD AND NICOLAS ROAD KNOWN AS ASSESSORS PARCEL NOS. 920-100-001 THROUGH 920-100- 013 R:\Minutes\112304 I I I 11.6 Adopt a resolution entitled: RESOLUTION NO. 04-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0540 - A CONDITIONAL USE PERMIT ALLOWING A TOTAL OF FOUR DRIVE-THROUGH FACILITIES WITHIN A RELATED DEVELOPMENT PLAN (PA02-0364) CONSISTING OF APPROXIMATELY 162,860 SQUARE FEET OF RETAIL COMMERCIAL SPACE, LOCATED ON THE NORTHEAST CORNER OF WINCHESTER ROAD AND NICOLAS ROAD KNOWN AS ASSESSORS PARCEL NOS. 920-100-001 THROUGH 920-100-013 Planning Director Ubnoske reYiewed the staff report (as per agenda material), noting that there will be a right in and right out exit on Winchester Road. For Councilman Roberts, Public Works Director Hughes advised that a bus turnout has been proposed but that no deceleration/acceleration lane has been proposed or required. Mr. Roberts expressed concern with no deceleration/acceleration lane and requested that it be imposed as a condition. Concurring with the suggestion of a deceleration/acceleration lane, Councilman Stone suggested that some of the landscaped area on Winchester Road be utilized as a deceleration/acceleration lane. Public Works Director Hughes noted that based on the Council's comments, the matter could be reviewed in more detail during the design process of the construction drawings, advising that the additional landscaped area is part of the 25' transportation corridor. While reviewing the possibility of a deceleration/acceleration lane, Councilman Washington requested that staff provide information as to the determination of when such a lane is necessary and when it's not. In response to Councilman Washington's comments regarding the architectural review of this project by the Planning Commission, Planning Director Ubnoske noted that the LA. Fitness structure was a concern as to its different appearance from the rest of the center, requesting the incorporation of tower elements and that with regard to the Rite-Aid structure, concern was expressed with regard to its proximity to the street but that no concern was expressed with its appearance or the appearance of the rear elevation of all buildings. Councilman Roberts reiterated his reasoning for the need for a deceleration/acceleration lane. City Manager Nelson ensured the City Council that if it were the wish of the Council, a condition of approval could be imposed, requiring the installation of a deceleration/acceleration lane. For Mayor Naggar, Public Works Director Hughes advised that the Roripaugh Ranch Specific Plan does require the developer to provide extensive improvements at Nicolas and Winchester Roads; that the proposed project will be dedicating the additional right-of-way necessary for Roripaugh Ranch to make these improvements; that the proposed project as well has been conditioned to complete improvements at the intersection to mitigate the project's impacts on R:\Minutes\112304 10 I I I the intersection; and that it would be expected that the improvements from both projects (the proposed and Roripaugh Ranch) will be completed in unison. For Mayor Naggar, Planning Director Ubnoske noted that the land use to the south of the proposed project is a mini-storage facility and that the land use to the east of the proposed project is residential (County). At this time, the public hearing was opened. Requesting the City Council's support of the proposal, Mr. Matthew Fagan, representing Pacific Development Partners, Temecula, noted that the applicant has diligently worked with staff over several years and the Planning Commission, advising that the Commission unanimously approved the project; stated that the applicant is in support of the conditions of approval; that although LA. Fitness expressed flexibility of incorporating its appearance into the center, LA. Fitness has requested the retention of the rotunda feature; and that with regard to the deceleration/acceleration lane, the applicant would be open to exploring any option for the betterment of the project and the community. There being no additional requests to speak, the public hearing was closed. Viewing the proposed uses compatible with the community's needs, Mayor Pro Tem Comerchero expressed his support of the project. With regard to the architectural design of the project, Mr. Comerchero was of the opinion that those discussions should be held at the Planning Commission leyel and that Council discussion should be confined to the issue of the General Plan Amendment and its associated issues. Mr. Comerchero expressed concurrence with the installation of a deceleration/acceleration lane. Reiterating his support of the deceleration/acceleration lane, Councilman Roberts voiced no concern with the proposed project. Viewing the proposed plan as one that will meet the needs of the community, Councilman Stone commented on the sales tax revenue for the City, future jobs, and the positive impacts on lessening traffic; supported the architectural details; and expressed his support of the project. MOTION: Councilman Stone moved to adopt Resolution Nos. 04-118 and 04-119 with the addition of a condition of approval, requiring the installation of a deceleration/acceleration lane. The motion was seconded by Councilman Roberts. (After additional Council discussion, this motion ultimately passed; see page 12.) Because appropriate and mitigating measures have been implemented to address traffic concerns, Councilman Washington stated that he would not view this center as creating additional traffic; concurred with the installation of a deceleration/acceleration lane; and as well concurred with Mr. Comerchero's comments pertaining to architectural review occurring at the Planning Commission level; and, therefore, spoke in support of this project. At this time, the previously made motion, by electronic vote, reflected unanimous approval. At this time, City Attorney Thorson introduced Ordinance No. 04-15. MOTION: Councilman Stone moved to introduce Ordinance No. 04-15. The motion was seconded by Mayor Pro Tem Comerchero and electronic vote reflected unanimous approval. R:\Minutes\112304 11 I MOTION: Councilman Stone moved to adopt Resolution Nos. 04-120, 04-121, and 04-122 with the addition of a deceleration/acceleration lane. The motion was seconded by Mayor Pro Tem Comerchero and electronic vote reflected unanimous approval. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT No additional comment. CITY ATTORNEY'S REPORT City Attorney Thorson advised that with respect to the first Closed Session Item (potential litigation - Domenigoni-Barton Specific Plan pending before the County of Riverside), the City Council's action was to direct the City Attorney to take the necessary actions to express the City's acceptance of the conditions of approval and the phasing plan for that project as currently proposed, noting the yote on that action was three in fayor and two did not participate (Councilman Stone and Mayor Pro Tem Comerchero who has a potential conflict of interest, owning an interest in property next door). With regard to the second Closed Session Item (Educational Project), the Council gave direction to staff and stated that this item will be forwarded to the City Council for final action at a public hearing on December 7, 2004. I ADJOURNMENT At 9:09 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday, December 7, 2004, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: I R:\Minutes\112304 12