HomeMy WebLinkAbout050900 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
MAY 9, 2000
CLOSED SESSION
A meeting of the City of Temecula City Council was called to order at 6:30 P.M. It was duly moved
and seconded to adjoum to Closed Session pursuant to Government Code Sections:
1. Conference with City Attorney and legal counsel pursuant to Govemment Code
Section 54956.9(c) with respect to one matter of potential litigation. With respect to such
matter, the City Attorney has determined that a point has been reached where there is a
significant exposure to litigation involving the City based on existing facts and
circumstances and the City will decide whether to initiate litigation.
The Open Session of the City Council meeting convened at 7:00 P.M.
ROLLCALL
Present:
Councilmembers:
Comerchero, Naggar, Pratt, Roberts,
and Mayor Stone.
Absent: Councilmember: None.
PRELUDE MUSIC
The prelude music was provided by Ms. Katie Welsch.
INVOCATION
The invocation was given by Pastor Tom Inlis of New Covenant Fellowship.
ALLEGIANCE
The audience was led in the Flag salute by Councilman Roberts.
PRESENTATIONS/PROCLAMATIONS
Introduction of Councilmember Klaas de Roo, City of Voorburfi
Mayor Stone introduced Councilman Klaas de Roo, relaying that the City of Voorburg was a
sister City to the City of Temecula.
Mr. Klaas de Roo provided an overview of his sightseeing excursions in the United States;
relayed that he was enjoying his visit to the City of Temecula, specifically his stay at the
O'Grady home; and for informational purposes, noted the variations between the City Council of
Temecula and the City Council in Voorburg, Holland.
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Mental Health Month Proclamation
In response to Mayor Stone's proclamation that May, of 2000, was Mental Health month, Ms.
Grace Rose accepted the certificate of proclamation, providing additional information and insight
regarding mental health.
Veteran Appreciation Month Proclamation
Mayor Stone proclaimed May of 2000 as Veteran's Appreciation month in the City of Temecula,
urging all employers and other government leaders to support this worthy campaign to increase
employment opportunities to those who have served our nation in the military.
Kids Day America/International Proclamation
Advising that children are an integral part of the community, Mayor Stone proclaimed the 20*" of
May, 2000, as "Kids Day America / International.''~M
PUBLIC COMMENTS
Mr. Chuck Washington, representing Habitat for Humanity, displayed T-shirts, and hats being
sold for the purpose of raising funds for the Habitat for Humanity Project; thanked the City
Council, City Manger Nelson, City staff, and specifically, the Redevelopment Agency for their
support in forming a partnership with Habitat for Humanity which provided affordable housing for
those in need; and presented an overview of the current housing project in Old Town Temecula.
CITY COUNCIL REPORTS
Relaying the recent Southern California Association of Government (SCAG) discussions,
Councilman Roberts provided an overview of the opposition to the Regional Housing
Needs Assessment (RHNA), advising that for the assessment analysis the State had
utilized outdated housing numbers obtained from the 1990 census; noted that the
opposition was based on the impact the assessment would have regarding the
deterioration of the jobs/housing balance, and the reversal of the progress towards the
improvement of the air quality; and relayed that there would be a meeting between top
SCAG staff and State officials in order to negotiate the final housing numbers.
With respect to the Community Environmental Transportation Acceptability Process
(CETAP), corridor project discussions, Councilman Roberts provided an overview of the
four routes for consideration.
Mayor Pro Tem Comerchero updated the Council with respect to the General Plan
Advisory Committee (GPAC) meeting which was held last week, noting that the
Committee had adopted the guideline principles for the RCIP process, in terms of the
General Plan, relaying the inclusion of language in the guidelines specifying the critical
nature of coordination between the County and the cities regarding development; and
noted the pursuit of the cities to have input with respect to County development, relaying
the recent support of alternate cities.
De
With respect to the County's approved Interim Approval Process, Mayor Pro Tem
Comerchero advised that with that GPAC will review the Interim Approval Process,
noting that, additionally further data will be received for review monthly inclusive of all
the development slated for approval in the County.
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Councilman Pratt commended staff for a job well done with respect to the City's website,
inviting the public to access this informative site.
City Manager Nelson relayed that City Clerk Jones and Web Analyst Comerchero were
the staff members responsible for the City's website, echoing Councilman Pratt's
commendations.
Regarding the recent Western Riverside County Council of Governments (VVRCOG)
meeting, Mayor Stone provided additional information regarding discussions related to
the determination of Transportation Uniform Mitigation Fee (TUMF) for development
outside of the City limits, noting his recommendation for a fee to be identified, even as
an interim fee, in order to provide assurance of the revenue.
Relaying Sacramento discussions regarding the funding issue for the obliteretion of the
Glassy-winged Sharpshooter that has invaded the local vineyards causing major
damage, Mayor Stone relayed that Senator Hayden pulled this matter from the Consent
Calendar in order to review safety issues associated with the pesticide utilized to destroy
the pest, advising that studies had already been conducted; noted that the
postponement of this matter could have devastating consequences on agriculture; and
urged the public to wdte letters to Senator Hayden, clarifying that his action was not in
the best interest of our local community or the State of California, requesting him to
expedite his evaluation.
In response, City Clerk Jones advised that the previously mentioned Senator's address
information would be provided on the City's website.
For the purpose of raising funds for libraries located in the Cities of Murrieta and
Temecula, Mayor Stone requested staff to pursue the concept of a first annual joint
Temecula/Murrieta Cities staff and City Council baseball game; and recommended a
60/40 split of the raised funds, sixty percent (60%) going to the victor's City library fund.
CONSENT CALENDAR
Standard Ordinance Adoption Procedure
RECOMMENDATON:
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 February 29, 2000;
2.2 Approve the minutes of March 21, 2000.
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4
5
6
Resolution Approvinq List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO, 2000-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AOLLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
City Treasurers Report
RECOMMENDATION:
4.1 Receive and file the City Treasurers Report as of March 31, 2000.
Temecula Creek Line W, Stage IV, Storm Drain Proiect No. 7-0-0051 - Tract Map Nos.
24136 and 25417 - Cooperative Aqreement
RECOMMENDATION:
5.1 Approve the Temecula Creek Line W, Stage IV, Storm Drain Project No. 7-0-0051,
Tract Map Nos. 24136 and 25417 - Cooperative Agreement with the Riverside
County Flood Control and Water Conservation District, Cal-Paseo Del Sol, LLC and
the City of Temecula;
5.2 Authorize the execution and attestation of such agreement in its final form by the
City Manager and City Clerk.
Completion and Acceptance for the Rancho California Road at I-15 Ramp Improvements
- Project No. PW95-12 (PW98-08)
RECOMMENDATION:
6.1 Accept the project for the Rancho California Road at I-15 Ramp Improvements -
Project No. PW95-12 (PW98-08) as complete;
6.2 File a Notice of Completion, release the Performance Bond, and accept a one-year
Maintenance Bond in the amount of 10% of the contract;
6.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of
Completion if no liens have been filed.
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7 Solicitation of Construction Bids and Approval of the Plans and Specifications for Proiect
No. PW00-13 - FY99-00 - Slum/Seal Proiect
RECOMMENDATION:
7.1
Approve the Construction Plans and Specifications and authorize the Department of
Public Works to solicit construction bids for Project No. PW00-13 - FY99-00 Slurry
Seal Project.
Approval of the Plans and Specifications and authorization to solicit Construction Bids for
Pavement ManaGement System - Proiect No. PW00-14 - vadous streets
RECOMMENDATION:
8.1 Approve the Construction Plans and Specifications and authorize the Department of
Public Works to solicit construction bids for Pavement Management System -
Project No, PW00-14 - vadous streets.
9
GST Fiber Optics - Purchase of Citv-desiclnated Conduits
RECOMMENDATION:
9,1
Approve an agreement with GST Telecom in the amount of $108,000.00 to
purchase two (2) one quarter inch conduits for City use within GST Telecom fiber
optic's trench and authorize the Mayor to execute the agreement;
9.2 Authorize the City Manager to approve additional purchases not to exceed the
contingency amount of $10,800.00, which is equal to 10% of the agreement amount.
10 Gradincl AQreement with Lennar Homes to tirade a portion of Winchester Creek Park
11
RECOMMENDATION:
10.1 Approve the Grading Agreement to allow Lennar Homes to regrade a portion of
slope area within Winchester Creek Park in order to be consistent with the adjacent
grading improvements within Tract No. 29288;
10.2 Accept the improvement Agreement and Bonds to guarantee that Winchester Creek
Park is repaired to City Standards.
Professional Desicln Services Aclreement - IntelliClent Transportation SyStem (ITS)
Deployment in Temecula - Project No. PW99-05
RECOMMENDATION:
11.1 Approve aProfessional Design Services Agreement with Minagar and Associates
for the design of the Intelligent Transportation Systems (ITS) Deployment in
Temecula in the amount of $81,625.00 and authorize the Mayor to execute the
agreement.
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11.2 Authorize the City Manager to approve change orders, not to exceed the
contingency amount of $8,162.50, which is equal to 10% of the agreement amount.
This item was pulled for separate consideration; see page 6.
Completion and Acceptance for I-15 Southbound Auxiliary Lane at Rancho California
Road - Project No. PW98-08
RECOMMENDATION:
12.10Accept the project for the 1-15 Southbound Auxiliary Lane at Rancho Califomia
Road - Project No. PW98-08, as complete;
12.2 File a Notice of Completion, release the Performance Bond, and accept a one-year
year Maintenance Bond in the amount of 10% of the contract;
12.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of
Completion, if no liens have been filed.
13 Second Reading of Ordinance No. 2000-03
RECOMMENDATION:
13.1 Adopt an ordinance entitled:
ORDINANCE NO. 2000-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING PORTIONS OF CHAPTER 5.09 OF
THE TEMECULA MUNICIPAL CODE REGULATING ADULT
BUSINESSES (PLANNING APPLICATION PA00-0041)
MOTION: Mayor Pro Tem Comerchero moved to approve Consent Calendar Item Nos. 1-10,
and 12-13. The motion was seconded by Councilman Roberts and voice vote reflected
unanimous approval.
At this time Consent Calendar Item No. 11 was considered.
11 Professional DesiGn Services AGreement -Intelliqent Transportation System (ITS)
Deployment in Temecula - Project No. PW99-05
RECOMMENDATION:
11.1 Approve a Professional Design Services Agreement with Minagar and Associates
for the design of the Intelligent Transportation Systems (ITS) Deployment in
Temecula in the amount of $81,625.00 and authorize the Mayor to execute the
agreement.
11.2 Authorize the City Manager to approve change orders, not to exceed the
contingency amount of $8,162.50, which is equal to 10% of the agreement amount.
Director of Public Works Hughes provided the staff report (of record), relaying the monitoring
capacity of the proposed future camera system within the City; noted that the City had received
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two regional grants which would fund a portion of the project; and relayed that the goal was to
enhance the traffic signal synchronization via a 24-hour active camera system located at vadous
heavily utilized intersections.
MOTION: Councilman Naggar moved to approve staffs recommendation. Mayor Pro Tern
Comerchero seconded the motion and voice vote reflected unanimous approval.
Mayor Stone recommended that the Council consider Agenda Item No. 14 pdor to convening as
the Temecula Community Services District and the Temecula Redevelopment Agency, and,
therafora, at this time Agenda Item No. 14 was heard.
PUBLIC HEARING
14
Appeal of Condition of Approval Nos. 27 and 28 for Planning Application No. PA97-0307
(Tentative Parcel Map No. 28627) by the project applicant and an appeal of the Planninq
Commission's 'approval of Planninq Application No. PA97-0307 (Tentative Parcel Map No,
28627) by adjacent property owners to the south
RECOMMENDATION:
14.1 Deny the project applicant's appeal of Conditions of Approval No.'s 27 and 28 for
Planning Application No. PA97-0307 (Tentative Parcel Map No. 28627);
14.2 Deny the appeal of the approval of the project by the adjacent property owners to
the south for Planning Application No. PA97-0307 (Tentative Parcel Map No. 28627;
14.3 Uphold the approval by the Planning Commission of Planning Application No. PA97-
0307 (Tentative Parcel Map No. 28627);
14.4 Adopt a resolution entitled:
RESOLUTION NO. 2000-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING THE PROJECT APPLICANT'S APPEAL
OF CONDITIONS OF APPROVAL NO.'S 27 AND 28 AND
DENYING THE PROPERTY OWNERS TO THE SOUTH APPEAL
OF THE PLANNING COMMISSION'S APPROVAL, AND
UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF
PLANNING APPLICATION NO. PA97-0307 (TENTATIVE
PARCEL MAP NO. 28627) - A REQUEST TO SUBDIVIDE TWO
PARCELS TOTALING 38 ACRES INTO 11 COMMERCIAL
LOTS AND ONE OPEN SPACE LOT LOCATED ADJACENT TO
INTERSTATE 15, SOUTHWEST OF THE INTERSECTION OF
OLD TOWN FRONT STREET AND HIGHWAY 79SRVESTERN
BYPASS CORRIDOR (ASSESSOR'S PARCEL NUMBER 922-
210-047), BASED UPON THE ANALYSIS AND FINDINGS
CONTAINED IN THE STAFF REPORT AND SUBJECT TO THE
CONDITIONS OF APPROVAL ON FILE IN THE OFFICE OF THE
CITY CLERK
Planning Manager Ubnoske provided an overview of the first appeal before the Council (per
agenda material); with respect to the appeal of the applicant regarding Conditions of Approval
Nos. 27, and 28, relayed that staff had met with the applicant on May 8, 2000, and arrived at
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clarification with respect to both conditions, as follows: Condition No. 27 will remain, as is,
noting that if this Offer of Dedication was accepted at a point in time, the City would not require
additional landscaping to mitigate the accepted area, and Condition No. 28 will be amended, as
follows: Upon development of Parcels 2-11 or any singular parcel other than Parcels 1, and 12,
the developer shall submit an Irrevocable Offer of Dedication for madway and utility purposes
along the westerly proposed property boundary for adequate right-of-way to construct an
altemative access street across lots 8, 9, and 10. The form of the offer sha// be subject to the
approval of the Director of Public Works and the City Atfomey, advised that based on this
clarification staff was recommending that the Council deny the applicanrs appeal of Conditions
of Approval Nos. 27, and 28, for PA97-0307 and that Condition No. 28 be amended.
Mr. Samuel Alhadeff, attorney representing the applicant, relayed concurrence to Planning
Manager Ubnoske's comments regarding the appeal.
For Councilman Naggar, Planning Manager Ubnoske relayed the rationale for staff withdrawing
the request for an EIR, noting that the applicant had proposed submitting all the associated
technical studies required for staff review in lieu of the EIR; and provided additional information
regarding the lengthy discussions with the City Attorney, Director of Public Works Hughes, staff,
and the applicanrs representatives with respect to the traffic and access issues, relaying that a
Development Agreement would be submitted; noted that there were traffic thresholds that would
be established, noting that if those thresholds were exceeded, certain mitigation would be put in
place.
For Councilman Naggar, Director of Public Works Hughes provided an overview of staff's initial
concern with respect to access issues, specifically, merging and weaving impacts from the
southbound onramp to the left-turn access into the project; and advised that the conditions
addressed this issue.
In response to Councilman Naggar's comments, City Attorney Thorson relayed that Condition
No. 28 provided the City the authority to move the access point further to the west in order to
adhere to the Caltrans standard for separation between the two intersections.
Director of Public Works Hughes clarified the restrictions with respect to conditioning this
project, noting that the City does not control this property, and that the applicant had various
property rights.
Deputy City Manager Thornhill provided clarification with respect to this particular proposal,
noting the original proposal and the revisions made to solely develop two parcels, advising that
pdor to submittals for development of the remaining parcels that the applicant would be required
to submit data to demonstrate that there was no negative impact on the intersection.
Director of Public Works Hughes provided additional information regarding the traffic thresholds
being approved prior to further development; and relayed that the applicant had willingly
volunteered to work with the City over the next 12 months with respect to the City's
development of a project study report for the Ultimate Interchange Project; and for Mayor Pro
Tem Comerchero, clarified that the traffic thresholds would have to be mutually agreed upon;
provided additional information regarding the stages of development; specified the proposed
access points; and clarified Condition No. 28, which could require an alternate access point.
For Councilman Roberts' queries regarding the six acres of riparian woodlands, Planning
Manager Ubnoske relayed that it would remain a permanent open space, and would not be
developed.
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Due to the uncertainty with the overall development of this property, Councilman Pratt relayed
that he was opposed to the piecemeal proposal for development.
In response to Councilman Naggar's queries with respect to ensudng that this proposed project
did not constitute a "take," City Attorney Thorson relayed that in all development proposals the
City identified the impacts and then determined if there was adequate mitigation for those
impacts, advising that according to the opinion of staff, the impacts of this project have been
adequately mitigated; and noted that if the Council disagreed, there would need to be
identification of the impacts with a finding that those impacts could not be mitigated.
Noting that an EIR was not conducted, and due the uncertainties related to the proposal,
Councilman Pratt relayed that while he wanted to clarify that he was not opposed to
development in general, that there should be restrictions.
In response to Councilman Pratt, City Attorney Thorson noted that there were studies
conducted and that from that data, staff had determined that there were no impacts that could
not be fully mitigated via the Conditions of Approval; and clarified that if the Council disagreed,
the findings would need to identify what areas needed to be further studied.
Planning Manager Ubnoske provided an overview of the second appeal, noting that the
adjacent property owners were requesting that the Council require the applicant to provide
access to the south of the property of discussion, advising that the Planning Commission was
not in favor of their request; noted that if it was the Council's desire to provide access to this
landlocked property, this access would involve property owned by Fish&Game which contains
sensitive habitat, noting that the southern property owners would have to work with Fish&Game
to extend the access from the proposed project to their property; reiterated that neither staff nor
the Commission was supportive of the request to require access; for Mayor Pro Tern
Comerchero, relayed that this was a dispute between property owners, noting that there had
been discussions between the landowners with respect to access issues, advising that there
was a long history regarding the landlocked property which also had encompassed litigation.
For Councilman Naggar, City Attorney Thorson relayed that if the southern property owners
proposed development that they had a right to request the City to condemn out an appropriate
access easement, noting that they would be required to pay the costs of acquiring that
easement, in addition to the cost of the judgement evaluation by the Court; and confirmed that
this issue may be presented at a future point in time.
In response to Councilman Naggar, Planning Manager Ubnoske relayed that this property was
landlocked when the property was purchased; and advised that staff was of the opinion that it
was more appropriate for the landowners to deal with this issue privately.
Deputy City Manager Thornhill provided additional information regarding the issue of the
southern landlocked property and the associated legal matters; and for Councilman Naggar,
advised that the access matter was a completely separate issue and should not be burdened on
the property owner for the proposed project, clarifying that the applicant did not create the
access problem.
For Mayor Stone, City Attorney Thorson confirmed that if the southern property issue was
presented to the Council at a future date, it would be a discretionary matter whether or not to
condemn on behalf of the landowner; and noted that if the issue was presented there would be
a full analysis with respect to the size of easement needed inclusive of the surrounding impacts.
Mr. Samuel Alhadeff relayed that with regard to the appeal that there had been a long history of
litigation, noting that the landowners bought the property landlocked; noted that the doors have
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been open for negotiations for easement access; for Councilman Naggar, relayed the litigation
that ultimately determined that this property did not have legal access; and noted that the
applicant had offered a price for the access property which the southern property owners did not
accept.
Mr. Bob Edmunds, attorney representing the applicant, was available for questions from the
Council.
Mr. Paul Eldddge, attorney representing the appellant, referenced the California Code which
stated that the Council had the legal right to require that access to the landlocked property to
the south be provided, acknowledging that the Council was not mandated to do so; relayed that
in light of the opposing counsers recent response to the appellant he was requesting a
continuance of this matter in order to have adequate time to respond to the information; for
Mayor Stone relayed that there was never a negotiated price; provided an overview of the
litigation associated with this property; noted the negotiations discussions with the applicant; for
Councilman Naggar, relayed that there had been no appraisal conducted for the determination
of a fair market price for the easement; clarified the rationale for bdnging this issue before the
Council from a legal standpoint; sited the Subdivision Map Act, Government Code Section
66475 which allows cities to require subdividers to dedicate or make an Irrevocable Offer of
Dedication of real property within the subdivision for streets, alleys, and that included access
rights, and abutters rights, clarifying the support for the request; provided additional information
regarding the nexus issues; and for Councilman Naggar, specified the location of the landlocked
parcels and the proposed easement area, relayed that the appellant would be agreeable to a
"floating easement" due to potential future development on the last parcel.
Mr. Ray McLaughlin, Jr., the appellant, clarified the desire to have access to their property;
relayed that they were in negotiations with Fish&Game for that particular portion of the access
easement, providing additional information; queried why the Council would allow landlocked
property to exist; provided further specifications regarding the negotiations with the applicant; for
Councilman Naggar, relayed the process of determining a fair price which was offered for the
easement; and reiterated that no appraisal had been conducted for the property.
Mr. Ray McLaughlin, Sr., the appellant, presented a copy of the property map of the area of
discussion to the Council. relaying a history of the property access issues.
Mr. Kelly Chdstensen, representing Temecula Tower Investors, LLC, specified the location of
the broadcast tower and two homes that currently exist on the property, noting that the street
address was denoted as a Front Street address, requesting that the City grant access; and
relayed the discussions with Fish&Game.
City Attomey Thorson provided additional clarification regarding the landlocked issues.
In rebuttal to the expressed comments, Mr. Samuel Alhadeff read into the record associated
data regarding the landlocked property and the final court decision; advised that an offer had
been made to the appellants for an access easement; clarified that if this property was to be
developed at a future point, a development application would be submitted to the City, and
would be subject to environmental issues, and the specifics of an easement would be clarified,
relaying that at that time if eminent domain was exercised the property owners would pay for the
price of the easement property; with respect to the Temecula Tower Investors, LLC,
representative, noted that they had never responded to the offers for the easement access; for
Mayor Stone, noted that the applicant would extend the offers for another 90 days after this
hearing; and for Councilman Naggar, clarified that the applicant would not be agreeable to an
appraisal at this point, reiterating that the offers would remain open for 90 days.
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With respect to eminent domain, City Attorney Thorson relayed that the approval of this project
would not affect the value of the access easement property.
Mr. Samuel AIhadeff relayed a history of the access issues with the southern property; and for
Councilman Pratt, provided additional information regarding the discussions with the landlocked
property owners.
In rebuttal to the appellanrs comments, Mr. Larry Markham, representing the applicant, via
overhead maps, provided additional information regarding the legal access to the Fish&Game
parcel; relayed a history of the surrounding parcels; and provided additional specifications
regarding the applicant's open space area.
Mayor Stone closed the public hearing at this time.
The Council relayed closing comments, as follows:
Mayor Pro Tem Comerchero advised that the access dispute should remain in the private
arena; and relayed that he was not in support of the appeal.
Councilman Roberts relayed a history of the issue of the price of the discussed access
easement over the last eight years; and advised that in his opinion the Council should deny the
appeal.
Councilman Naggar disagreed with Councilmen Comerchere's and Robert's comments, relaying
that the law allowed the City to require that access be provided; noted that he was in favor of
each property owner developing their property to the fullest potential; relayed that this proposed
project had been accommodated by the City, and that he was in favor of the applicant providing
an easement at a reasonable cost (i.e., fair market value) based on the fact that it would not
benefit the City to have any landlocked parcels.
Councilman Pratt relayed concem that this project was a step backward with respect to the
Growth Management Policy.
Mayor Stone provided additional information regarding the mitigation for the environmental
issues; noted the applicant's agreement to put the balance of their property in a moratorium in
order to work with the City pdor to developing the remaining parcels; supported approving the
proposal to develop the two parcels; with respect to the access issue, noted that he would be
opposed to utilizing eminent domain to benefit a private property owner; relayed that the access
dispute was a civil matter; specified that the property had been purchased landlocked; advised
that the access matter was a private issue and not a City matter; and relayed that he was not in
support of the access appeal.
In response to Councilman Naggar's comments, Mayor 'Pro Tem Comerchero acknowledged
that the City had the legal right to grant the easement if it was deemed dght to do so, clarifying
that in his opinion, that in this particular matter the City should not grant this access, advising
that to do so would degrade the private enterprise system.
Planning Manager Ubnoske reiterated that with respect to the first appeal before the Council,
Condition No. 27 would remain, as written, and that Condition No. 28 would be revised, as read
into the record (see page 8).
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Deputy City Manager Thomhill relayed that with respect to the Growth Management Plan, staff
had worked to ensure that a Level of Service (LOS) of "D," or better, would be attainable at this
particular intersection, noting that the proposal was for solely two parcels to be developed at this
time.
MOTION: Mayor Pro Tern Comerchero moved to deny the first appeal, and to adopt the
amendments to Condition No. 28. Councilman Roberts seconded the motion and voice vote
reflected unanimous approval.
MOTION: Mayor Pro Tem Comerchero moved to deny the second appeal regarding access
issues. Councilman Roberts seconded the motion and voice vote reflected approval with the
exception of Councilman Naggar who voted n__o.
MOTION: Mayor Pro Tem Comerchero moved to uphold the Planning Commission's approval of
Planning Application No. PA97-0307 (Tentative Parcel Map No. 28627). Councilman Naggar
seconded the motion and voice vote reflected unanimous approval.
The meeting recessed from 9:28 P.M. and at 9:36 P.M., and subsequently the City Council
convened as the Temecula Community Services District and the Temecula Redevelopment
Agency. At 9:56 P.M., the City Council reconvened, resuming with the regularly scheduled City
Council business.
RECONVENE TEMECULA CITYCOUNCIL
COUNCILBUSINESS
15
Consideration of Sponsorshil~ Request for the Temecula Valley International Film Festival
RECOMMENDATION:
15.1 Consider the sponsorship request of $30,000 for the Temecula Valley lnternational
Film Festival;
15.2 Approve a transfer of $30,000 from the Community Service funding to the Economic
Development sponsorship budget.
This item was continued to the meeting of May 23, 2000.
16 Annual Adjustment of Development Impact Fees
RECOMMENDATION:
16.1 Adopt a resolution entitled:
RESOLUTION NO. 2000-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA CONFIRMING THE ADJUSTMENT OF
DEVELOPMENT IMPACT FEES FOR FISCAL YEAR 2000-2001
TO BE EFFECTIVE JULY 10, 2000 PURSUANT TO CHAPTER
15.06 OF THE TEMECULA MUNICIPAL CODE AND
RESOLUTION NOS. 97-94 AND 98-30
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MOTION: Councilman Naggar moved to approve staff's recommendation. Mayor Pro Tern
Comerchero seconded the motion. (This motion was ultimately amended, see below.)
Mayor Stone recommended that in the future, the annual adjustments of previously approved
increases be placed on the Consent Calendar.
AMENDED MOTION: Councilman Naggar moved to approve staff's recommendation, and that
future annual adjustments of previously approved increases be placed on the Consent
Calendar. Mayor Pro Tern Comerchero seconded the motion and voice vote reflected
unanimous approval.
17
Consideration of methods to facilitate the publids understandin~l of City Council a.qenda
items
RECOMMENDATION:
17.1 Oral report will be given by Councilman Naggar.
This item was continued for 30 days.
18 Consideration of establishment of Council Districts
RECOMMENDATION:
18.1 Provide direction to staff on whether to research establishment of Council Districts in
the City of Temecula.
Councilman Pratt relayed that the proposal to establish Council Districts was for the provision of
a greater opportunity for community residents to become more involved in their government;
and requested input from the Council.
Mr. Paul Jacobs, 32370 Corte Zamora, relayed his opposition to the establishment of separate
Council Districts due to the improved pool of Council candidates available with the existing
system.
City Clerk Jones read into the record a letter submitted by Ms. May Lorah, noting her comments
regarding her support of establishing separate Council Districts due to the benefits to the
residents, requesting that additional research be conducted.
Councilman Roberts relayed that due to the size of the City of Temecula at this time he was not
in favor of the establishment of separate Districts, advising that the Council responded to
community concerns, noting that at times a resident received responses from all five
Councilman from their submitted e-mails.
Mayor Pro Tern Comerchero noted that the proposal would lessen the representation the
residents would have to the Council; relayed that the Council had pdded itself on working for the
best interests of the community as a whole; and advised that due to the small size of the City,
and the existing access the citizens have to five Councilmen, he was not in favor of the
proposal.
Councilman Naggar relayed that he was impressed by the level of commitment of his fellow
Councilmembers, reiterating that a citizen could e-mail the Council and receive five responses;
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and noted that at a future point in time the consideration for Council Distdcts may be more
appropriate.
Mayor Stone concurred with the previous Council comments, noting that he was in favor of the
existing system where all five Councilmembers were accountable for their actions to all the
citizens; and relayed the negative impacts associated with the establishment of Council
Districts.
W~th respect to the size of the City, Councilman Pratt relayed that the City of Rancho Mirage
also had Council Districts; noted his primary concern was to provide an opportunity for
additional residents to express themselves as part of the community; advised that the State
Code specified the process of establishing Council Districts; and noted that he would not
oppose the desire of the Council with respect to this matter.
It was the consensus of the Council to not further investigate the issue of establishing Council
Districts at this time.
19 Fire Response/Incident Enhancement ProGram
RECOMMENDATION:
19.1 Approve the Enhanced Response and Emergency Incident Management Program
for two (2) vehicles;
19.2 Approve the purchase agreement with Public Safety Corporation forthe Max
Responder software and that the City Manager execute the agreement in its final
form for a cost of $41,635.
Via overheads, Division Chief for the Temecula Fire Services Mike Brown provided an overview
of the staff report (of record), relaying the benefits of the proposed program due to the plethora
of data available to the emergency teams; and thanked staff for their assistance with respect to
investigation of the program data.
For Councilman Pratt, Mr. Brown relayed that the cost of the program would be approximately
$14,000 per unit.
For Councilman Pratt, Mayor Stone clarified the rationale for phasing the installations, noting
that at this time two installations were proposed.
City Manager Nelson noted that the remaining eight installations had been included in the next
fiscal year's budget.
For Councilman Naggar, Director of Finance Roberrs relayed that this particular program was
utilized due to the compatibility with the existing software.
Mayor Stone provided additional information regarding the capabilities of this program.
Mayor Pro Tem Comerchero commented on the benefit of saving time with respect to
emergency access, noting that this asset could save lives, recommending approval of the
program.
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MOTION: Mayor Pro Tem Comerchero moved to approve staff's recommendation. Councilman
Roberrs seconded the motion and voice vote reflected unanimous approval.
Mayor Stone requested staff to expedite the installations. In response, City Manager Nelson
relayed that the City of Temecula would be one of the first cities in Riverside County to have this
technology.
Councilman Naggar noted the importance of the improved emergency response times.
20 Via Cordoba Multi-Way Stop Controls
RECOMMENDATION:
20.1
Consider the recommendation of the City Council Subcommittee to install multi-way
stop controls on Via Cordoba at Via Salito/Corte Bravo, Loma Linda Road, and
Corte Zorita;
20.2 If the City Council Subcommittee's recommendation were approved by the City
Council, adopt a resolution entitled:
RESOLUTION NO. 2000-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING MULTI-WAY STOP
INTERSECTIONS AT 1) VIA CORDOBA AND VIA
SALITOICORTE BRAVO; 2) VIA CORDOBA AND LOMA LINDA
ROAD; AND 3) VIA CORDOBA AND CORTE ZORITA
20.3 If the City Council Subcommittee's recommendation were approved by the City
Council, direct staff to perform an evaluation of the multi-way stop controls after a
period of three (3) months;
20.4 Ratify Council action on April 25, 2000, directing the removal of traffic circle
improvements on Via Cordoba.
Director of Public Works Hughes provided a brief overview of the Via Cordoba issues, noting the
Subcommittee meeting discussions with the residents; relayed the recent removal of the
previously installed traffic circles; and noted the proposal to temporarily install stop signs.
In response to community concern, Mayor Pro Tern Comerchero noted that Police Officers were
not being solely paced in the Via Cordoba area for increased enforcement, noting that the
increased enforcement program was throughout the community.
For Mayor Stone, Police Chief Domenoe relayed that during the last month, an average of one
citation an hour had been issued while Officers were present, noting that the citations were for
speeding and stop sign violations; and advised that the Police Department had lowered the
thresholds for issuing speeding citations.
In response to Mayor Stone, Director of Public Works Hughes relayed that according to the
recent speed data, there were no significant changes in the speed of vehicles in the Via
Cordoba area.
Councilman Pratt commented on the effectiveness of the speed redar trailers.
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Police Chief Domenoe relayed that the Police Department would purchase an additional radar
trailer in the near future.
Mr. William Kelley, 31542 Via San Cados, thanked Mayor Stone, Councilmen Comerchero,
Naggar, and Pratt, Traffic Commissioner Edwards, Director of Community Services ParkeG and
Director of Public Works Hughes for their diligent efforts with respect to the traffic issues;
relayed that he was a proponent of the temporary installation of stop signs; noted that the
developer had offered usage to the City of 1,3 acres for parking space, applauding this effort;
relayed that the increased enforcement had been effective; and reiterated thanks to the City for
their efforts in the Via Cordoba area.
MOTION: Councilman Roberts moved to approve staff's recommendation. Councilman Naggar
seconded the motion and voice vote reflected unanimous approval.
21 Trees for Temecula - Street Tree Replacement Proqram
RECOMMENDATION:
21.1
Receive and file the report regarding the implementation of the City's Street Tree
Replacement Program to replace damaged or missing trees in specific residential
neighborhoods within the City right-of-way areas.
Councilman Naggar advised that he would be abstaining from this issue.
MOTION: Councilman Roberts moved to approve staff's recommendation. Mayor Pro Tern
Comerchero seconded the motion and voice vote reflected approval with the exception of
Councilman Naggar who abstained.
CITY MANAGER'S REPORT
City Manager Nelson congratulated Chief Building Official Elmo for his recent appointment by
Governor Davis to serve as a State Commissioner on the State Contractors Licensing Board;
and relayed that Deputy City Manager Thomhill had received the Distinguished Leadership
Award of 2000 from the American Planning Association of the Inland Empire, commending both
Mr. Thornhill, and Mr. Elmo for their recent accomplishments.
CITY ATTORNEY'S REPORT
City Attorney Thorson advised that there were no reportable items with respect to the Closed
Session.
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ADJOURNMENT
At 10:35 P.M., Mayor Stone formally adjourned the City Council meeting to Tuesday, May 23.
2000, 7:00 P.M., City Council Chambers, 43200 Business Park Ddve, Temecula, California.
Jeffrey E. Stone, Mayor
ATFEST:
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