HomeMy WebLinkAbout061405 CC Minutes
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MINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
JUNE 14, 2005
The City Council convened in Closed Session at 6:30 P.M., on Tuesday, June 14, 2005, in the
City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula,
California. The Open Session convened at 7:00 P.M.
Present:
5
Councilmembers:
Edwards, Naggar, Roberts, Washington, and
Comerchero
Absent:
o
Council members:
None
PRELUDE MUSIC
The prelude music was provided by M.O.T.I.F.
INVOCATION
The invocation was given by Pastor Skip McComas of Hope Lutheran Church.
NATIONAL ANTHEM
The National Anthem was sung by M.O.T.I.F.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Councilman Naggar.
PRESENT ATIONS/PROCLAMATIONS
Certificates of Achievement to Craia Brown and Matthew Duvall for attainina the rank of Eaale
Scout
Mayor Comerchero presented the Certificates along with the City Eagle Scout pin to Craig
Brown and Matthew Duvall who, in turn, provided a brief overview of their Eagle Scout project.
SCEGA Gvmnastics
Praising SCEGA Gymnastics on its numerous achievements, Councilman Washington
presented the Certificate of Achievement to co-owners Kathy Strate and Kathy Bader who, in
turn, introduced champion gymnasts.
Amateur Radio Week Proclamation
Mayor Comerchero proclaimed the week of June 19 - 26, 2005, as Amateur Radio Week.
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PUBLIC COMMENTS
A. Ms. Holly Wardrop, Temecula, representing St. Jeanne de Lestonnac School, expressed
concern with the rapidly increasing numbers of day laborers stationed on Butterfield Stage
Road, commenting on issues such as loitering and publiC urination. In an effort to address this
issue, she suggested the following: paint the street curbs red, place no parking signs along
Butterfield Stage, install a bike lane, and/or pass a City ordinance prohibiting loitering within one
mile of any school. Realizing that Butterfield Stage Road is governed by the City as well as the
County, Ms. Wardrop advised that she will forwarding these recommendations as well to
Supervisor Stone.
Referencing an ordinance adopted in the City of Redondo Beach, prohibiting
access/stopping in the right-of-way to solicit work, which is now under litigation, Councilman
Naggar advised that he has requested the City Attorney to monitor this matter; depending on its
progress, noted that he may ask the City Council to adopt a similar ordinance; and concurred
with Ms. Wardrop's suggestion of installing no parking signs and enacting a no loitering
ordinance near schools. If anyone were to believe individuals at Butterfield Stage Road were
illegal, Mr. Naggar recommended that the residents contact Immigration and Custom
Enforcement (I.C.E.) or to forward issues of concern to him and he would contact I.C.E. on the
residents' behalf.
With the concurrence of the County, Mayor Pro Tem Roberts recommended that the
signs read no stopping at any time.
Mayor Comerchero requested that this matter be agendized to the June 28, 2005, City
Council meeting.
B. Advising that the Consortium in collaboration with the County of San Bernardino at its
annual Inland Empire Legislative Breakfast recognized individuals that have made outstanding
contributions to early childhood education and child care, Ms. Jan Peterson, representing the
Riverside County Child Care Consortium, apprised the City Council that three men -- Building
and Safety Director Elmo, Fire Chief McBride, and Assistant City Manager O'Grady -- were
recognized for their contributions and commitment to child care. Each recipient was honored
with a handprint picture made by children in a child care center.
Mayor Comerchero extended his appreciation to Ms. Peterson for recognizing these
well-deserved individuals.
C. Mr. Mike Kuhn, Temecula, addressed his perception of circulation problems in the
Meadowview area, commenting on unblocking all City streets and the placement of stop signs
at Pina Coli ad a and La Serena.
CITY COUNCIL REPORTS
A. Having attended a presentation sponsored by the Temecula Valley Young Marines,
Councilman Washington apprised the public and the City Council of this organization's need for
a location to meet and encouraged those that may be able to assist to call Staff Sergeant Kevin
Marino at 951-694-3349 or www.vounamarines.com.
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Commenting on the recent Every 15 Minutes Program, Mr. Washington described the
purpose of this worthwhile program and commended and thanked the Police and Fire
Departments on the realism and professionalism of this program.
Advising that the student participants of the Youth in Government Program will be
provided DVDs of the event, Mr. Washington provided a more detailed overview of the mock
City Council meeting and the process involved in coordinating a City Council agenda packet and
once again, thanked City Manager Nelson for his support of the program, City Clerk Jones and
Ms. Danielle Clark from the School District for their associated efforts.
B. Having addressed the City's Stop Light Abuse Program (S.L.AP.) at the last City
Council meeting, Councilwoman Edwards confirmed that the weekly S.LAP. report is now
available on the City's website; advised that the low-flow crossing at Via Montezuma has been
opened; and noted that traffic improvements on Winchester Road and Jefferson Road are
rapidly concluding.
C. Mayor Pro Tem Roberts advised that the Board of Supervisors took action to change the
Citrus Vineyard District regulations and to adopt an ordinance similar to the Napa Valley
Agriculture Ordinance, limiting store fronts from selling a greater percentage of wines not from
the Temecula area. .
It being the week of graduation, Mr. Roberts expressed how proud he is of all the
graduates of Temecula Valley High School and Chaparral High School but was especially proud
of his grandson Korey Holaas who will be graduating from Chaparral High School.
D. Addressing the traffic improvements that are near completion, Mayor Comerchero
requested, in response to residents' phone calls/emails, that a status report of these traffic
improvements along with alternative routes be posted on the website and that a website
demonstration be provided at the June 28, 2005, City Council meeting.
Having attended the U.S. Conference of Mayors in the City of Chicago, Mr. Comerchero
reported that the fight to preserve Community Development Block Grant Funds has been
successful and apprised of the formation of a new caucus (Mayors' Caucus) comprised of
members of the House of Representatives who have previously served as Mayors or City
Councilmembers before their election to the House.
CONSENT CALENDAR
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the
agenda.
2
Minutes
RECOMMENDATION:
2.1 Approve the minutes of May 10, 2005;
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2.2 Approve the minutes of May 18, 2005 (Budget Workshop);
2.3 Approve the minutes of May 24, 2005.
3
Resolution approvina List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 05-56
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 Reports as of April 30, 2005.
5
Professional Services Aareement for Annual Administration of CFDs/AD
RECOMMENDATION:
5.1 Approve a one-year Professional Services Agreement with Albert A. Webb &
Associates for debt service administration for Fiscal Year 2005-2006 for the City's
Community Facilities District and Assessment District in the amount of $53,500.
6
Redhawk Annexation Aareement
RECOMMENDATION:
6.1 Approve the Redhawk Annexation Agreement NO.2 (Revenue Reimbursement) and
Redhawk Annexation Agreement NO.3 (Property Tax In-Lieu of Vehicle License
Fees).
7 Trustee/Fiscal Aaent Services for FY 2005-2006
RECOMMENDATION:
7.1 Approve the expenditure of $41,260 for annual Trustee/Fiscal Agent services
provided by US Bank for the City's Community Facilities Districts, Assessment
District, Tax Allocation Bonds, and Certificates of Participation for FY 2005-2006.
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8
Accela/Permits Plus Maintenance Aareement
RECOMMENDATION:
8.1 Authorize the purchase of the annual maintenance support for the following
Accela/Permit Plus Applications: Permits Plus Base, Client Server, Workflow, and
Wireless Modules for the total amount of $30,485.24.
9 Purchase of Police Motorcvcles
RECOMMENDATION:
9.1 Approve the purchase of two 2006 Harley-Davidson FLHPI Road King Police
Motorcycles from Quaid Harley-Davidson for a total amount of $46,131.14.
10 Purchase of one Tvpe-1 Fire Enaine
RECOMMENDATION:
10.1 Approve the purchase of a Type-1 Fire Engine from Smeal Fire Apparatus Company
for $341 ,382.17;
10.2 Approve an appropriation of $11 ,383 from DIF Fire Mitigation.
11 Voter Approved Measure C Annual Special Tax Levv
RECOMMENDATION:
11.1 Adopt a resolution entitled:
RESOLUTION NO. 05-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL
TAX LEVY FOR FISCAL YEAR 2005-2006 TO PROVIDE FOR
RECREATION AND HUMAN SERVICES PROGRAMS AND THE
OPERATION, MAINTENANCE AND SERVICING OF PUBLIC
PARKS AND RECREATIONAL FACILITIES, MEDIAN
LANDSCAPING, AND ARTERIAL STREET LIGHTS AND
TRAFFIC SIGNALS
12 Aareement for Architectural Consultina Services between the City of Temecula and Roaer
Cantrell
RECOMMENDATION:
12.1 Approve a contract with Roger Cantrell for architectural plan review services in the
amount of $109,000;
12.2 Approve a contract contingency of 10% or 10,900.
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13 Aareement for Telecommunication Facilities Application Review Consultina Services
between the City of Temecula and Kramer Firm. Inc.
RECOMMENDATION:
13.1 Approve a contract with Kramer Firm, Inc. for telecommunication application review
services in the amount not to exceed $27,250;
13.2 Approve a contract contingency of 10% or $2,725.
14 Aareement for Consultina Services between the Citv of Temecula and PELA
RECOMMENDATION:
14.1 Approve a contract with PELA for landscape plan check and inspection consulting
services in the amount of $100,000.
15 Street Name Chanae from North Plaza Drive and Park Plaza Lane to DLR Drive
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 05-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA CHANGING THE STREET NAME FROM NORTH
PLAZA ROAD AND PARK PLAZA LANE TO DLR DRIVE
16
Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for
the Installation of Intersection Traffic Monitorina Svstems and Traffic Sianallnterconnect
Eauipment - FY2004-2005 - Proiect Nos. PW04-05 and PW05-05
RECOMMENDATION:
16.1 Approve the plans and specifications and authorize the Department of Public Works
to solicit construction bids for the installation of Intersection Traffic Monitoring
System and Traffic Signal Interconnect Project - FY2004-2005 - Project Nos.
PW04-05 and 05-05.
17 Public Works Fiscal Year 2005-2006 Annual Maintenance Aareements
RECOMMENDATION:
17.1 Approve the Annual Maintenance contracts for Fiscal Year 2005-2006 with:
1. NPG, Inc. (aka Nelson Paving & Sealing) for an amount not to
exceed
$ 50,000
2. Toran Development & Construction for an amount not to exceed $ 50,000
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3. Pacific Striping, Inc. for an amount not to exceed
$ 50,000
$100,000
$150,000
$200,000
$200,000
$200,000
4. Strong's Painting for an amount to not exceed
5. Monteleone Contractors, Inc. for an amount not to exceed
6. Becker Engineering for an amount not to exceed
7. Imperial Paving Company Inc. for an amount not to exceed
8. Rene's Commercial Management for an amount not to exceed
18 Annual Purchase Aareement for Citywide Street Name Sians. Traffic Control Sians.
Replacements and Repairs for Fiscal Year 2005-2006
RECOMMENDATION:
18.1 Approve an annual agreement with Main Street Signs for the purchase of Citywide
street name signs, traffic control signs, replacements, and repairs in the amount of
$60,000 for Fiscal Year 2005-2006.
19 Second Amendment to Citywide Tree Trimmina Maintenance Services Contract
RECOMMENDATION:
19.1 Approve the Second Amendment to the Citywide Tree Trimming Maintenance
Services contract to West Coast Arborists, Inc. for $100,000 and authorize the
Mayor to execute the contract;
19.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $10,000 which is equal to 10% of the contract amount.
20 First Amendments to Professional Services Aareements for Geotechnical & Material
Testina Services for various Capital Improvement Proiects for FY2005-2006
RECOMMENDATION:
20.1 Approve the First Amendment to the Fiscal Year 2005-2006 Professional Services
Agreement with EnGEN Public Works Services in the amount of $60,000 to provide
as-needed geotechnical & material testing services and authorize the Mayor to
execute the amendment;
20.2 Approve the First Amendment to the Fiscal Year 2005-2006 Professional Services
Agreement with Ninyo & Moore in the amount of $60,000 to provide as-needed
geotechnical & material testing services and authorize the Mayor to execute the
amendment.
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21 First Amendments to Professional Services Aareements for Survev Services for various
Capital Improvement Proiects for FY2005-2006
RECOMMENDATION:
21.1 Approve the First Amendment to the Fiscal Year 2004-2005 Professional Services
Agreement with Cozad & Fox, Inc. in the amount of $60,000 to provide as-needed
survey services and authorize the Mayor to execute the amendment;
21.2 Approve the First Amendment to the Fiscal Year 2004-2005 Professional Services
Agreement with Hall & Foreman, Inc. in the amount of $60,000 to provide as-
needed survey services and authorize the Mayor to execute the amendment.
22 Award the Construction Contract for Proiect No. PW04-16 Slurrv Seal Proiect FY2004-
2005
RECOMMENDATION:
22.1 Award a construction contract for Project No. PW04-16 Slurry Seal Project - FY
2004-2005 - to All American Asphalt in the amount of $338,159.68 and authorize
the Mayor to execute the contract;
22.2 Authorize the City Manager to approve change order not to exceed the contingency
amount of $33,815.97 which is equal to 10% of the contract amount.
23 Award a Construction Contract for the Citywide Concrete Repairs FY2004-2005 - Proiect
No. PW05-03
RECOMMENDATION:
23.1 Award a construction contract for Citywide Concrete Repairs FY2004-2005 - Project
No. PW05-03 to Portsmouth Construction, Inc. in the amount of $165,430 and
authorize the Mayor to execute the contract;
23.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $16,543 which is equal to 10% of the contract amount.
24 Tract Map Nos. 30264-3. -6. -9. -10. & -13 (located east of Pechanaa Parkwav. south of
Wolf Vallev Road. in the Wolf Creek Specific Plan No. 12 EIR)
RECOMMENDATION:
24.1 Approve Final Tract Map Nos. 30264-3, -6, -9, -10, & -13 in conformance with the
conditions of approval;
24.2 Approve the Subdivision Improvement Agreements;
24.3 Approve the Monument Agreements and accept the Faithful Performance Bonds,
Labor and Material Bonds, and Monument Bonds as security for the agreements.
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25 Enaineerina Plan Check. Map. and Leaal Description Review - Fiscal Year 2005-2006-
KRW & Associates
RECOMMENDATION:
25.1 Approve the agreement for Engineering Plan Check, Map, and Legal Description
Review for Fiscal Year 2005-2006 with KRW & Associates for an amount not to
exceed $30,000 and authorize the Mayor to execute this agreement.
26 Professional Landscape Plan Check and Inspection Services Aareement for Fiscal Year
2005-2006
RECOMMENDATION:
26.1 Approve the annual Professional Services Agreement for Fiscal Year 2005-2006
with PELA for landscape plan check and inspection services in the amount of
$50,000 and authorize the Mayor to execute the agreement.
27 First Amendments to Professional Services Aareements for Real Estate Appraisal
Services for various Capital Improvement Proiects for FY 2005-2006
RECOMMENDATION:
27.1 Approve the First Amendment to the Fiscal Year 2005-2006 Professional Services
Agreement with Robert Shea Perdue Real Estate Appraisal in the amount of
$60,000 to provide as-needed real estate appraisal services and authorize the
Mayor to execute the amendment;
27.2 Approve the First Amendment to the Fiscal Year 2005-2006 Professional Services
Agreement with Mason & Mason Real Estate Appraisers & Consultants in the
amount of $60,000 to prove as-needed real estate appraisal services and authorize
the Mayor to execute the amendment.
28 Second Amendment to Contract Aareement for On-Call Traffic Sianal Maintenance
Services for Fiscal Year 2005-2006
RECOMMENDATION:
28.1 Approve the Second Amendment to the Contract Agreement with Republic Electric
to perform additional On-Call Traffic Signal Maintenance Services for Fiscal Year
2005-2006 for an amount not to exceed $100,000 and authorize the Mayor to
execute the agreement.
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29 Memorandum of Understandina (MOU) between the Riverside Countv Transportation
Commission (RCTC). the County of Riverside. and the City of Temecula to fund the
Western County Freewav Strateaic Studv
RECOMMENDATION:
29.1 Approve the MOU, in substantially the same format as attached, between RCTC,
the County of Riverside, and the City of Temecula to fund the Western County
Freeway Strategic Study;
29.2 Approve an appropriation in the amount of $64,409 from General Fund Reserves for
the Western County Freeway Strategic Study;
29.3 Authorize the City Manager to execute the final MOU.
30 Second Amendment to Prudential Overall Supplv Aareement
RECOMMENDATION:
30.1 Approve the Second Amendment with Prudential Overall Supply Company for an
amount of $22.756.82, extend the agreement through June 30, 2006, and allow for
additional services.
31 Second Readina of Ordinance No. 05-06 (Automobile and Truck Dealership Promotional
Events)
RECOMMENDATION:
31.1 Adopt an ordinance entitled:
ORDINANCE NO. 05-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTERS 17.04 AND 17.28 OF THE
TEMECULA MUNICIPAL CODE TO ALLOW MINOR WEEKEND
PROMOTIONAL EVENTS TO CHANGE THE MINOR
TEMPORARY USE PERMIT REQUIREMENTS WITHIN THE
AUTO MALL AREA AND TO ALLOW LARGER
FREESTANDING TENANT IDENTIFICATION SIGNS FOR
AUTOMOBILE AND TRUCK DEALERSHIPS (PLANNING
APPLICATION NO. PA05-0047)
MOTION: Councilman Washington moved to approve Consent Calendar Item Nos. 1-14 and
16-31 (Consent Calendar Item No. 15 was pulled for separate discussion; see pages 10-11).
The motion was seconded by Mayor Pro Tem Roberts and electronic vote reflected unanimous
approval.
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CONSENT CALENDAR ITEM CONSIDERED UNDER SEPARATE DISCUSSION
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Street Name Chanae from North Plaza Drive and Park Plaza Lane to DLR Drive
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 05-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA CHANGING THE STREET NAME FROM NORTH
PLAZA ROAD AND PARK PLAZA LANE TO DLR DRIVE
With honor, Mayor Comerchero advised that DLR Drive is being named after the late Donna
Reeves (owner of Norm Reeves Dealerships).
MOTION: Councilman Naggar moved to adopt Resolution No. 05-58. The motion was
seconded by Councilwoman Edwards and electronic vote reflected unanimous approval.
Recognizing Mr. Dick Kennedy, the Reeves family, and the long-term employees of the Reeves
Supergroup, Mayor Comerchero presented a Certificate to the Reeves family in memory and
honor of Donna Reeves for her foresight, vision, and commitment to the automotive retailing
industry.
Congratulating Mr. Dick Kennedy on his upcoming retirement from the Norm Reeves
Supergroup, Mr. Comerchero commended Mr. Kennedy on his leadership, tenacity, and vision
provided to this community, viewing him as an invaluable asset as the City's partner in business
and expressed appreciation for his efforts to promote and to expand the Temecula Auto Mall
and, therefore, presented a Certificate to Mr. Kennedy.
Mr. Kennedy thanked the City Council for the recognition and for the Council's continued
support of the Auto Mall. In closing, Mr. Kennedy introduced Donna Reeves' daughters - Diana
Slumskie, Vicki Benedict, Barbara Jo Reeves - and thanked the employees in attendance for
their support and introduced his wife.
At 7:51 P.M., the City Council convened as the Temecula Community Services District and the
Temecula Redevelopment Agency. At 8:16 P.M., after a short recess, the City Council resumed
with regular business.
PUBLIC HEARING
32 Plannina Application No. PA05-0060 Cassatt Academv Pre-School Appeal
RECOMMENDATION:
32.1 Adopt a resolution entitled:
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RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING THE APPEAL AND UPHOLDING THE
DECISION OF THE PLANNING COMMISSION DENYING PA05-
0060 - A CONDITIONAL USE PERMIT APPLICATION FOR
CASSATT ACADEMY TO OPERATE A PRES-SCHOOL WITH A
MAXIMUM CAPACITY OF 96 STUDENTS BETWEEN THE
HOURS OF 6:30 A.M. TO 6:00 P.M. MONDAY THROUGH
FRIDAY (NO REGULAR HOURS OF OPERATION AT NIGHT
OR ON WEEKENDS), AND A DEVELOPMENT PLAN
APPLICATION TO CONSTRUCT FOUR MODULAR
BUILDINGS, INCLUDING AN ADMINISTRATION BUILDING
AND THREE CLASSROOM BUILDINGS TOTALING 6,048
SQUARE FEET ON 2.39 ACRES AT THE NORTHEAST
CORNER OF CALLED GIRASOL AND AUSSIE WAY (APN NO.
957-150-018)
Planning Director Ubnoske reviewed the staff report (as per agenda material), noting that per
the City's Development Code, the proposed use would be conditionally permitted in the very low
density residential zone; that the application does meet the minimum design guidelines for the
City; that conditions of approval were imposed to require road and fire improvements; that the
applicant has accepted outside investors; and that the applicant will be accept all conditions of
approval.
In response to Councilman Naggar's request for clarity, Planning Director Ubnoske, Associate
Planner Peters, Public Works Director Hughes, and Fire Marshal McBride, by way of overheads,
noted the following:
· That there are no development applications pending for the site of discussion and that
most of the surrounding development is vacant;
· That the property of discussion is located on the edge of the Nicolas Valley Rural
preservation area;
· That because of the road design of Calle GirasollRiverton, it would not envisioned that a
traffic concern be created by individuals wishing to make a left-hand turn into the
proposed school site;
. That as a condition of approval, the applicant will be required to widen and improve Calle
Girasol and to provide a left-turn refuge lane;
· That the distance between Aussie Way and the knuckle in the road is 270 feet;
· That Calle Girasol is a collector road but parking would be restricted in order to permit a
left-hand turn into the school site;
· That a condition of approval will require off-site transitions
· That there is a distinction between educational uses and commercial uses
· That at build out, the proposed project will include 96 students
. That prior to this project being reviewed by the Planning Commission, it was staff's
recommendation to approve the project, being of the opinion that it would be in
conformance with the newly adopted General Plan, noting that this project was in the
process during the review of the new General Plan; that the proposed development will
not be an intense development -- four small modular buildings less than 10,000 square
feet overall; that the Blue Line stream will be preserved; that open space will be
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preserved on the site; and that currently mobile homes are permitted on any parcel in
Nicolas Valley
· That the low-density residential zone permits one dwelling unit per 2.5 to 5 acres
In response to Councilwoman Edwards, staff commented as follows:
· That a proposed bridge would cross the Blue Line stream from the parking area to the
classroom area; that a condition would require the installation of proper culverts to
withstand a 100-year storm, elevating the road above the flood way; that proper permits
would need to be in place prior to the City approving any road/grading improvements;
and that portions of the property would be located in the Inundation/Flood Zone
· That for safety reasons, all improvements, as conditioned, would have to be raised
above the 1 OO-year flood plane
In response to Mayor Pro Tem Roberts, staff clarified the following:
. That 31 parking spaces will be provided
· That Special Events have not been discussed with staff
· That the Blue Line stream flows across Aussie Way and, therefore, a culvert is being
proposed
· That the Fire Department imposed specific requirements to ensure fire vehicle
accessibility; that in an effort to meet the applicant, the imposed requirements are the
absolute minimum requirements as per Code (150' from fire apparatus parking to every
exterior part of the building)
I For Mayor Comerchero, staff mentioned the following:
. That the existing traffic counts reflect 2,000 vehicles a day on Calle Girasol
· That the proposed project's trip generation would be approximately 150 to 200 trips per
day
. That approximately 7,000 vehicle trips per day would increase Calle Girasol to a Service
Level D
· That with regard to the proposed improvements for the Blue Line stream, standards are
met to assure the safety of the children in the event of flooding
Mayor Comerchero opened the public hearing was opened.
At this time, by way of a PowerPoint presentation, Ms. Mary Bunham, Ms. Faith Evarts, and Ms.
Vicky Cochetas, founders of Cassatt Academy, highlighted their proposed project and
addressed the concerns raised by the Planning Commission, noting the following:
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. That the Conditional Use Permit and the Development Plan was denied because the
project was not properly presented at the Commission public hearing
. That Cassatt Academy will be an academic preschool with an emphasis in the fine and
performing arts; that volunteer work will be an on-going goal of Cassatt Academy
. That other reputable preschools within the area host a two-year waiting list
. That a country-like setting with large acreage was a high appeal
. That Cassatt Academy would be committed to hiring teachers with bachelor degrees,
teaching experience, art backgrounds, and preschool credentials
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· That the parcel of discussion will be the perfect parcel for the proposed project - offers a
country setting, incorporates the desired vision, sufficient space, and easy accessibility
to the parents
· That the front half of the property will encompass the administration office which will
only serve office staff; that the back portion of the property will encompass the
classrooms and multipurpose room; that within each building, there will be two
classrooms with 16 children in each class with a total of 64 children
· That the property of discussion is divided in half by a waterway
. That children are sporadically dropped off at a preschool ~ drop off periods will be from
6:30 to 8:30 A.M. and will be picked up between 12:30 and 6:00 P.M.
· That parent accessibility will be off Calle Girasol into Aussie Avenue into the preschool
parking lot
· That the waterway is a natural barrier, separating the children from the parking lot area
. That around the front portion of the property there will be a split rail fence and that at the
back portion of the property there will be a 5-foot non-climbable fence; that on either side
of the waterway there will be a 5-foot non-climbable fence set back from the waterway
approximately five feet
· That the proposed facility would be considered a community care licensing facility; that
such facilities are permitted in residential zones;
· That the City architect assisted with design plans; that staff recommended the use of a
cupola to offer a one-room school house appearance but that it was their vision to
provide separate classrooms/homes which would as well enhance the rural character of
the area.
At this time, Mr. Steve Fialo, Design Space Modular Buildings, by way of pictures, expressed his
company's expertise in designing modular buildings to not appear as modular buildings,
highlighting the various design elements:
· That the modular facilities meet State licensing requirements for preschools
· That chain link fencing is customary fencing for a child care facility because it permits
the use of reinforced vinyl slat inserts for privacy; that chain link fencing also meets the
community care licensing requirements
. That the Blue Line stream for the majority of the year is a dry creek bed; that it functions
as a drainage to the Santa Gertrudis Creek
· That after several meetings with the Fire Department, it had never been indicated that
the facility would only be meeting minimum Fire requirements
· That a biologist and archeologist was hired to survey the site of discussion as well as the
adjacent properties and that no sensitive plant life or culturally significant artifacts were
found; that the applicant will continue to work with the Army Corps of Engineers and the
Fish and Game Department
· That other schools within the area have areas of water
Mr. Frank Artiga, civil engineer, Artiga Civil Design Engineering, addressed the drainage
aspects of this particular site, noting that the development improvements to Aussie Avenue and
raising the roads to elevate them out of the flood plane should address safety concerns; advised
that speCific permit processing will be followed; and that more detailed analysis would be
prepared to define the true flow of the site but also dictate the velocity of the site.
. That both sides of the waterway will be fenced with a non-climbable fence
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· That it would be the intent of the applicant to complete the required off-site
improvements
. That it was mentioned that there may be the possibility of deferring the Calle Girasol
improvements but if not, these improvements would fall within the project budget
· That the proposed facility has obtained outside investors
Having reviewed the drawings and having completed a cost analysis on the project, Mr. Dan
Cochetas, Marathon General, contractor representing the applicant, commented on how
amenable this project will be to the planned use and spoke in support of the project.
. That the goal would be to maintain the rural aspects of this property
· That landscaping buffers could be provided to further mitigate concerns
· That the applicant has shared the project with the neighboring residents and that the
general consensus was that the neighboring residents are not desirous of a commercial
business entering their neighborhood
. That this parcel and neighboring parcels have been vacant for several years and that the
only interest in these parcels has been from commercial businesses
· That Cassatt Academy will be a commercial business but will function as a community
service
· That the proposed project would be compatible with the area
· That the modular buildings will be designed to ensue that they do not appear as modular
buildings and to be compatible with the rural character
In response to Mayor Comerchero and the Council members, Ms. Mary Bunham advised that
due to parking lot limitations, special events would be limited to one classroom at a time and
expressed no opposition to the imposition of a condition of approval limiting special events to
one classroom at a time and further clarified that following:
. That the vinyl slat inserts on the chain link fence would only be on the side where the
children are located
· That the Conditional Use Permit will permit the facility to grow to 96 students; that more
children would limit the open space; that if expansion were desired, it would require
another location
. That the applicant is confident that all road and drainage improvement/requirements will
be met
· That the final DRC letter had no comments from staff with regard to the architecture; that
the applicant would be willing to do whatever it would take to meet the desired
architectural standards as well as any landscaping improvements/requirements
· That the project site will have a septic system and that soil and perk tests have been
performed to ensure the number of students and teachers will be accommodated; that
five-feet deep leach lines versus pits would be utilized.
Public Works Director Hughes advised that the septic system is permitted through the County of
Riverside.
At this time, the public hearing was opened. In light of the speakers that submitted speaker
cards to speak in support of the project, Ms. Mary Bunhamm chose five speakers to address the
proposed project. Mayor Comerchero reiterated that although five speakers were chosen by the
applicant to represent the project, anyone who has submitted a speaker card may address the
City Council.
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,I The following individuals spoke in support of the project:
. Mr. Ron Bradley Temecula
. Ms. Amy Quinn Temecula
. Ms. Sandi Schwartz Temecula
. Ms. Nancy Webb Murrieta
. Ms. Odette Derobert Temecula
. Ms. Phyllis Davis Temecula
. Ms. Elizabeth Hamerschlag Murrieta
. Ms. Juliana Russo Murrieta
The above-mentioned individuals supported the proposed project for the following reasons:
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· That the bank has thoroughly reviewed the project; that some of the bank's concerns
mirrowed similar concerns expressed by the City Council; that without the granting of the
Conditional Use Permit, there would be no project
· That in order for the bank to finance a modular building, these buildings must be quality
structures that will be compatible with the rural character
· That only 10% of the allowable acreage will be utilized for buildings
· That, as per the bank, the proposed project would be a very viable project with a
tremendous market and one that provides an additional amenity to the community
· That a preschool with an emphasis on the arts in a country setting is desirable
. That the value of attending preschool is invaluable and that the proposed school would
adequately meet the education requirements necessary to prepare the children for
kindergarten;
· That a community that has vision for its families/children and for the education of those
children/families is a community bound for success
. That strip malls are no place for preschools
· That staggering parent drop offs/pick ups will address the traffic concerns
· That the children at play would be a happy sound to listen to as a neighboring resident
· That back-up offers for this particular property have been made such as a dog training
center/kennel
. That not approving this project would be a huge loss to the City
· That an existing preschool in Murrieta also offering a country-like setting has a two-year
waiting list
At this time, those individuals in attendance but not wishing to speak stood in order to show their
support of the project.
The following individuals spoke against the proposed project:
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. Ms. Harriet Huling
. Mr. Dennis Fitz
. Ms. Margaret Jones
. Mr. Jerry Montante
. Mr. Mike Connelly
Temecula
Temecula
Temecula
Temecula
Temecula
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The above-mentioned individuals spoke in opposition to the proposed project for the following
reasons:
· That the Blue Line stream poses a safety concern
. That full fire accessibility is important
· That minimum requirements to ensure an approval from the City Council should not be
acceptable
· That the proposed structures/project will not be compatible with the existing rural
character within the rural preservation area
. That rattlesnakes are a fact of life in the rural area
· That the school would be surrounded by six residences
· That the existing zoning for the area of discussion is low density residential
· That the proposed school would considerably create more noise and traffic
· That the proposed use should be located in a more commercially oriented area
· That the S-curve on Calle Girasol currently creates an unsafe, dangerous situation for
drivers
· That the proposed project will have an impact and detract from the surrounding property
values
· That because the entrance to the property of discussion was changed from Calle Girasol
to Aussie Way, it will impact his property access off Aussie Way.
Rebutting the above-mentioned comments, Ms. Mary Bunham noted the following:
· That the Aussie Way access to the proposed project was at the request of the Public
Works Department
. That in an effort to mitigate certain access concerns on Aussie Way, a stop sign may be
installed at the project parking lot
. That the proposed preschool will attract custom-home buyers to this area and will
enhance the property values.
At this time, Mayor Comerchero closed the publiC hearing.
Advising that most of his questions were answered with regard to the children's safety,
architectural design, visual impact, and landscaping, Councilman Washington thanked the
applicants for their thorough presentation; advised that the conditions of approval accompanying
the Conditional Use Permit will address the concerns raised by the residents; commented on
the demand in this community for such a facility; viewed this project as a low-impact use and,
therefore, relayed his support of this unique and valuable project.
MOTION: Councilman Washington moved to approve the Conditional Use Permit and the
Development Plan with the conditions of approval. Councilwoman Edwards seconded the
motion. (Additional Council discussion ensued; this motion ultimately passed; see page
17-18.)
Concurring with the community need for such a facility, Councilman Naggar noted that if the City
Council were to deny the location of discussion, he would recommend relocating to the
Temecula Creek Village area off SR 79 South. Viewing the request before him as a land use
decision, Mr. Naggar commented on the location of the subject site, noting it would be located in
a rural preservation zone; stated that the language in the City's General Plan is clear - that such
areas must be preserved as rural and warned against the encroachment of commercial
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development; that the proposed use would be a commercial use; that the proposed buildings
will not be consistent with the very low-density residential designation; that the close proximity of
the S-curve to the site of discussion would be a concern; that this rural area is the last rural area
within the City; and that when the Roripaugh Ranch development was approved, commitments
were made to the neighboring residents to retain the rural area. In light of his opposition to this
project for the above-mentioned reasons, Mr. Naggar offered the following motion:
SUBSTITUTE MOTION: Councilman Naggar moved to deny the appeal. Due to the lack of a
second, this substitute motion died.
Clarifying that individuals open preschools in areas where the designated zoning would permit
preschools, Councilwoman Edwards noted that, in her opinion, placing a preschool in a strip
mall does not take away from the care, education, and quality of a child care center. Echoing
and voicing concern with regard to the creek, modular buildings, and the traffic and
understanding the issue relative to the rural preservation area, Councilwoman Edwards
commented on the need of such a facility and noted that if the project were approved, she would
encourage the applicants to fully address the noted concerns with staff.
Although still concerned about issues with regard to the septic, Mayor Pro Tem Roberts noted
that, if this project were approved, he would request that any future expansions at the site of
discussion be restricted and that any desired expansion would necessitate a relocation. Mr.
Roberts continued to express a concern with the distance of the fire pad from the playground
area and requested that additional review be given to this matter; and noted that a condition
should be imposed requesting only on-site parking should be permitted.
Considering flexibility had been shown to a previous project with regard to boundary location,
Councilman Washington encouraged consistency and recommended that the same flexibility be
extended to this project. Because of property cost, Mr. Washington noted that the
recommended site at SR 79 would probably not be within the price point area of the applicant.
Viewing the traffic issues as having been properly addressed, Councilman Washington, as
noted by Councilwoman Edwards, reiterated that the 60 to 90 children at this facility will be
arriving at staggered times.
Councilman Naggar suggested that a condition of approval be imposed, requiring staggered
arrivals and pickups. Reiterating that Calle Girasol and Aussie Way are considered collector
roads, Mr. Naggar noted that, as per the General Plan, collector roads do permit street parking
and concurred with a recommended condition to limit special events to one classroom at a time
in an effort to ensure sufficient on-site parking.
Not viewing traffic as an issue of concern, Councilman Washington addressed his opposition to
imposition of a condition with regard to staggering arrivals and pickups.
Agreeing with Mr. Washington on this particular issue, Mayor Comerchero noted that if traffic
were to become an issue, the matter could be readdressed. Expressing a concern with the
proposed fencing, Mr. Comerchero viewed the proposed fencing as not being aesthetically
pleasing and encouraged a sufficient amount of landscaping around it to mitigate the
appearance and to further provide additional privacy; echoed concern with the applicant only
meeting minimum Fire Department requirements and requested that staff work with the
applicant in order to exceed the minimum Code requirements; expressed no concern with the
handling of special events; requested that staff ensure that the proposed modular buildings are
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designed in a fashion to not make them appear like modular buildings; and stated that the
benefits of the proposed project will outweigh the negatives.
With regard to the fencing, Mayor Pro Tem Roberts suggested that the applicant explore similar
fencing as utilized in Meadowview (3-rail fencing with wire fencing), commenting on aesthetics.
Planning Director Ubnoske, as well recommended the addition of two additional conditions:
· Revised elevations and fencing plans to include landscaping shall be submitted to the
Planning Department and shall be approved to the satisfaction of the Director of
Planning
. All parking must be contained on site.
In light of the information that was provided at the Planning Commission, Mayor Comerchero
concurred with the Commission's action in denying this project at the time and noted that the
Council's action will based on an entirely different set of circumstances and project.
At this time, the electronic vote reflected approval of the previously made motion (see page 17)
along with the following added conditions of approval. Councilman Naggar voting in opposition
of the project:
· That special events be limited to one classroom at a time
· That no future expansions be permitted at this partiCUlar site
. That the Fire Code requirements be readdressed to ensure more than the minimum
requirements are met
· That revised elevations and fencing plans to include landscaping shall be submitted to
the Planning Department and shall be approved to the satisfaction of the Director of
Planning
· That all parking must be contained on site.
COUNCIL BUSINESS
33 Review and Adoption of FY2005 -2006 Annual Operatina Budaet
RECOMMENDATION:
33.1 Adopt a resolution entitled:
RESOLUTION NO. 05-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING THE FY2005-06 ANNUAL OPERATING
BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN
APPROPRIATIONS
33.2 Adopt a resolution entitled:
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RESOLUTION NO. 05-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA REVISING THE SCHEDULE OF AUTHORIZED
POSITIONS
33.3 Adopt a resolution entitled:
RESOLUTION NO. 05-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING APPROPRIATIONS LIMIT FOR
FY2005-06
Mayor Comerchero commented on the numerous meetings/workshops the City Council i']as had
with staff with regard to this important budget document.
By way of a PowerPoint presentation, City Manager Nelson reviewed the budget document. In
closing, Mr. Nelson thanked the Department Heads and Finance Director Roberts and her staff
on an outstanding job.
MOTION: Councilwoman Edwards moved to adopt Resolution Nos. 05-59. -60. and -61. The
motion was seconded by Councilman Washington and electronic vote reflected unanimous
approval.
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34 Review and Adoption of FY2006-2010 Caoitallmprovement Budaet Proaram
RECOMMENDATION:
34.1 Adopt a resolution entitled:
RESOLUTION NO. 05.62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE CAPITAL IMPROVEMENT
PROGRAM FOR FY2006-2010 AND ADOPTING THE CAPITAL
IMPROVEMENT BUDGET FOR FY2005-Q6
By way of a PowerPoint presentation, City Manager Nelson review the Capital Improvement
Budget Program
MOTION: Councilwoman Edwards moved to adopt Resolution Nos. 05-62. The motion was
seconded by Councilman Washington and electronic vote reflected unanimous approval.
35 Ordinance authorizina Charitable Binao Operations within the City of Temecula
(At the request of Mayor Comerchero and Mayor Pro Tem Roberts)
RECOMMENDATION:
I 35.1 Adopt an urgency ordinance entitled:
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ORDINANCE NO. 05-08
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMECULA ADDING CHAPTER 9.50 TO THE
TEMECULA MUNICIPAL CODE AUTHORIZING THE GAME OF
BINGO BY CHARITABLE ORGANIZATIONS AND PROVIDING
FOR THE REGULATION THEREOF
35.2 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 05-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER 9.50 TO THE TEMECULA
MUNICIPAL CODE AUTHORIZING THE GAME OF BINGO BY
CHARITABLE ORGANIZATIONS AND PROVIDING FOR THE
REGULATION THEREOF
Advising that charitable bingo games are authorized in California under the California
Constitution in the Penal Code only if allowed for charitable organizations to support those
organizations, City Attorney Thorson highlighted the proposed ordinance, advising that with the
Redhawk Annexation, it was realized that one significant bingo game supporting the School
District would not be permitted if the City were to not enact this ordinance.
In response to Councilman Naggar, Mr. Thorson advised that the authorization of charitable
bingo games is defined under the California Code (same as the 501(c)(3)), including charitable
organizations, non-profit pleasure, and recreation clubs such as homeowners associations,
fraternal organizations, etc.; that the maximum payout, as per State law, is $250; and that the
City may opt to set a payout up to that amount.
For Councilman Washington, City Attorney Thorson advised that although the City may have
authority in regulating the amount paid for a bingo card, he has not seen such regulation in
other ordinances.
Mr. Thorson clarified that the Urgency Ordinance would immediately take effect.
Addressing the City Council, Ms. January King and Mr. John Wetteland, Temecula, representing
Great Oak Academic Leadership Society, commented on the importance to the school of
maintaining this funding resource and advised that the Society is a 501 (c)(3) and that all profits
will benefit Great Oak High School.
In response to Councilmembers, Mr. Wetteland advised that the current maximum payout, as
per State law, is $250; that currently the bingo games have been scheduled for Sundays and
Mondays; that a maximum of 160 individuals and a minimum of 58 individuals have participated
in these games; that an average of 110 individuals participate; that because of set up and the
need for volunteers, it would be difficult to operate these bingo games outside of the City limits.
Advising that bingo games have occurred within numerous organizations throughout the City
since incorporation but that it was never realized that an ordinance was necessary, Mayor Pro
Tem Roberts commented on the need for this ordinance and expressed his support of it.
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Although complimenting the Society on its efforts to raise funds for the school, Councilman
Naggar noted that based on past stances, he would not be able to support the proposed
ordinances.
Clarifying that it would not be the school that will be sponsoring the bingo games,
Councilwoman Edwards noted that the Society rents space from the school and pays for
associated janitorial fees. In light of these difficult budget times and in light of the established
program at Great Oak High School, Mrs. Edwards commented on the difficulty in making this
decision but expressed her support of the proposed ordinance. If necessary, Mrs. Edwards
noted that the City Council may readdress this matter at any time.
Concurring with making such activities that have been occurring throughout the City legal,
Mayor Comerchero relayed his support of the proposed ordinance.
City Attorney Thorson introduced Urgency Ordinance No. 05-08, reiterating that this urgency
ordinance will require a four-fifths vote and that it would immediately go into effect if adopted.
MOTION: Mayor Pro Tem Roberts moved to adopt Ordinance No. 05- . The motion was
seconded by Councilman Washington and electronic vote reflected approval with the
exceDtion of Councilman Naggar who voted no.
City Attorney Thorson introduced Ordinance No. 05-09.
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MOTION: Mayor Pro Tem Roberts moved to adopt Ordinance No. 05-09. The motion was
seconded by Councilman Washington and electronic vote reflected approval with the
exceDtion of Councilman Naggar who voted no.
CITY MANAGER'S REPORT
No additional comment.
CITY ATTORNEY'S REPORT
With regard to Closed Session, City Attorney Thorson advised that there was no action to
report under Closed Session.
ADJOURNMENT
At 11:14 P.M., the City Council meeting was formally adjourned to a regular meeting on
Tuesday, June 28, 2005, at 7:00 P.M., in the City Council Chambers, 43200 Business Park
Drive, Temecula, California.
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