HomeMy WebLinkAbout121101 CC MinutesMINUTES OF A REGULAR MEETING OF
THE TEMECULA CITY COUNCIL
DECEMBER 11, 2001
CALL TO ORDER
The City of Temecula City Council convened in Closed Session at 5:30 P.M., on
December 11, 2001, in the Main Conference Room of Temecula City Hall, 43200
Business Park Drive, Temecula, California. The Open Session of the City Council
meeting commenced at 7:00 P.M. in the City Council Chambers.
ROLL CALL
Present:
Councilmembers:
Naggar, Roberts, Pratt,
and Mayor Comerchero.
Absent: Councilmember: Stone.
PRELUDE MUSIC
The prelude music was provided by the Musician's Workshop Youth Choir.
On behalf of City staff, the citizens, and the Council,
Mayor Comerchero presented flowers to Ms. Eve Craig, thanking her for her continued
service in providing music for the City Council meetings.
INVOCATION
The invocation was given by Pastor Ron Alsobrooks of New Covenant Fellowship.
ALLEGIANCE
The audience was led in the Flag salute by Troop No. 301.
PRESENTATIONS/PROCLAMATIONS
Certificate of Appreciation - Cub Scout Troop No. 301
Mayor Comerchero presented Cub Scout Troop No. 301, "The Mighty Rattlesnakes,"
with a Certificate of Appreciation, noting their efforts in decorating the 196 wreaths that
adorn Old Town Temecula, devoting 172 hours towards this particular project.
Certificate of Appreciation Presentation - Ms Judi Steffen
Presenting with gratitude a Certificate of Appreciation to Ms. Judy Steffen, merchant of
the Wild Cactus in Old Town, Mayor Comerchero relayed her noteworthy efforts in
volunteering to help with the decorating of the wreaths in Old Town, as well as aiding in
other community events.
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PUBLIC COMMENTS
Mr. Harold L. Atwell, 30792 Point Woods Court, noted his concern with the unsafe
intersections in the Temeku Hills area caused by the recently widened bicycle lanes which
were widened to accommodate golf carts, noting the elimination of left-turn lanes on Bogey
Way, and Point Woods Court which created an unsafe condition; queried the rationale for
placing many residents at risk to accommodate the few who drive golf carts; and additionally
noted that the recently posted 25 MPH speed limit is not adhered to.
For clarification, Mayor Comerchero noted that the change in the streets to accommodate
golf carts was to honor an agreement made long ago; and requested Director of Public
Works Hughes to further address this issue.
In response, Director of Public Works Hughes advised that the existing five-foot bike lanes
were widened to accommodate the safe travel for golf carts, noting that these streets had
been designated as go~f-cart compatible streets; relayed that the new configuration was not
unsafe in staff's opinion (although it was preferred that there be a refuge lane), but did
require motorists in the rear to wait for the stopped motorists in front of them who were
waiting for an opportunity to make a left turn; advised that this matter could go back to the
Public/Traffic Safety Commission for review, if that was the desire of the City Council; for
Mayor Comerchero, noted that there were no sight distance issues; and with respect to
staff's perspective from an engineering viewpoint, advised that this perspective was
addressed and considered when the re-striping was done.
Mr. John Carnesecca, 31555 Rancho Vista Road, representing Temecula Valley High
School Track and Field Program, requested the City Council to agendize a proposal from
the Track and Field Program, requesting the City's assistance in contributing towards
constructing a much-needed all-weather track facility.
For Mr. Carnesecca, Councilman Naggar noted the past efforts of the City Council to make
a contribution towards an all-weather track facility, relaying the concerns of the School
Board at that time; and advised that if Mr. Carnesecca would first address this issue with the
School Board, and gain its support, that he would readdress this issue with the City Council.
Mr. Wayne Hall, 42131 Agena Street, referencing the Ross v. Stone matter, noted the right
of the citizens of the United States to vote, via the U.S. Constitution; advised that to
consider not counting his vote (which had been registered at the Promenade Mall) would be
appalling; and reiterated that as an American citizen his vote should be counted.
COUNClLREPORTS
Updating the City Council and the community regarding the Ranch Community
Church Project, Mayor Pro Tem Roberts relayed that earlier today (December
1 lthl,the first Subcommittee meeting had been held, which he considered a success;
noted that the facility would be inclusive of a beautiful worship center, and a K-12th
grade school, and would require cooperative efforts, advising that he would keep the
City Council and the community apprised of the continuing discussions.
B. Mayor Pro Tern Roberts wished a Happy Holidays to all.
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C. Noting his attendance at the recent Student-of-the-Month Luncheon, Councilman
Pratt relayed what a thrill it was to honor the diligent efforts expended by these
young people.
D. With respect to the recent annual Electric Light Parade, Councilman Naggar noted
what a pleasure it was to participate, relaying Happy Holidays to all the citizens,
advising that it was an honor to serve them.
E. Reminding all to be safe during this season, Mayor Comerchero echoed the wishes
for a Happy Holiday.
CONSENT CALENDAR
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included
in the agenda,
2 Resolution Approvincl List of Demands
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. 01-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ALLOWING CERTAIN CLAIMS AND
DEMANDS AS SET FORTH IN EXHIBIT A
3 City Treasurer's Report
RECOMMENDATION:
3,1 Receive and file the City Treasurer's Report as of October 31, 2001.
4 Financial Statements for the three months ended September 30, 2001
RECOMMENDATION:
4.1 Receive and file the Financial Statements for the three months ended
September 30, 2001,
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5
6
7
8
Annual Professional Services Aclreements for Geotechnical and Material Testina
Services for various Capital Improvement Projects for FY2001-2002
RECOMMENDATION:
5.1 Rescind the agreement with Petra Geotechnical, Inc. in an amount not to
exceed $60,000 to provide as-needed geotechnical and materials testing
services;
5.2 Approve an agreement with Engen Public Works Services, LLC, in an
amount not to exceed $60,000 to provide as-needed geotechnical and
material testing services;
5.3 Authorize the Mayor to execute the agreement.
Amendment No. 1 to the Annual Citvwide Routine Maintenance Contract
RECOMMENDATION:
6.1 Approve Amendment No. 1 to the Annual Citywide Routine Maintenance
Contract with Walter K. Becker (dba Becker Engineering) for an amount of
$100,000.00 and authorize the Mayor to execute the amendment.
Completion and Acceptance for Starliqht Ridae Southern Cross Road Sidewalk
Proiect - Proiect No. PW00-22
RECOMMENDATION:
7.1 Accept the project for the Starlight Ridge Southern Cross Road Sidewalk
Project - Project No. PW00-22 as complete;
7.2 File a Notice of Completion, release the Performance Bond, and accept a
one-year Maintenance Bond in the amount of 10% of the contract;
7.3 Release the Materials and Labor Bond seven months after filing of the
Notice of Completion if no liens have been flied.
Councilman Naggar abstained with regard to this issue.
Reimbursement Aareement with Rancho California Water District for Cost Sharina
for Aerial Imagery and Diqital TopoaraDhic Elevation Data
RECOMMENDATION:
8.1 Approve a Reimbursement Agreement with Rancho California Water District
for the acquisition of Aerial Imagery and Digital Topographic Elevation Data in
the amount of $157,300.00.
9 Contractor Prequalifications for the Community Theater (Mercantile Buildina
Seismic Retrofit) - Proiect No. Pw0i-20CSD
RECOMMENDATION:
9.1
Authorize the Department of Public Works to solicit and prequalify
contractors to perform the work required for the seismic retrofit of the
Community Theater (Mercantile Building) - Project No. PW01-20CSD.
10 Second Readinq of Ordinance No. 01-16 (Amendment of the Official Zoninq Map)
RECOMMENDATION:
10.1 Adopt an ordinance entitled:
ORDINANCE NO. 01-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING AN AMENDMENT TO THE
OFFICIAL ZONING MAP ALONG BOTH SIDES OF A
PORTION OF RIDGE PARK DRIVE (PLANNING
APPLICATION NO. 01-0460)
MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1- 10.
The motion was seconded by Councilman Roberts and voice vote reflected unanimous
approval with the exception of Councilman Naggar who abstained with regard to Item
No. 7, and Councilman Stone who was absent.
At 7:26 P.M., the City Council convened as the Temecula Community Services District,
the Temecula Redevelopment Agency, and The Temecula Public Financing Authority.
At 7:36 P.M., the City Council resumed with regularly scheduled City Council business.
PUBLIC HEARING
11
Paloma del Sol Specific Plan Amendment No. 8
RECOMMENDATION:
11,1 Adopt a resolution entitled:
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RESOLUTION NO. 01-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA CERTIFYING ADDENDUM NO. 4 TO
THE FINAL ENVIRONMENTAL IMPACT REPORT FOR
SPECIFIC NO. 4 AND APPROVING PLANNING
APPLICATION NO. 01-0109 (GENERAL PLAN
AMENDMENT) FOR THE PALOMA DEL SOL SPECIFIC
PLAN AMENDMENT NO. 8 LOCATED EAST OF
MARGARITA ROAD, WEST OF BUTTERFIELD STAGE
ROAD, NORTH OF HIGHWAY 79 SOUTH AND SOUTH
OF PAUBA ROAD (PLANNING APPLICATION NO. 01-
019)
11.2 Adopt a resolution entitled:
RESOLUTION NO. 01-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA 01-0102 (SPECIFIC PLAN AMENDMENT NO. 8)
FOR THE PALOMA DEL SOL SPECIFIC PLAN
LOCATED EAST OF MARGARITA ROAD, NORTH OF
HIGHWAY 79 SOUTH, WEST OF BUTTERFIELD STAGE
ROAD, AND SOUTH OF PAUBA ROAD BASED UPON
THE ANALYSIS AND FINDINGS CONTAINED IN THIS
RESOLUTION
11.3 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 01-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING AMENDED ZONING
STANDARDS FOR THE PALOMA DEL SOL SPECIFIC
PLAN AMENDMENT NO. 8
11.2 Adopt a resolution entitled:
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RESOLUTION NO. 01-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION
NO. 01-0117 - VESTING TENTATIVE TRACT MAP NO.
24188 AMENDMENT NO. 4 FOR THE SUBDIVISION OF
293 RESIDENTIAL LOTS, I RECREATION CENTER
LOT, I PARK SITE LOT, AND 16 OPEN SPACE LOTS
WHICH CONFORM TO THE PLANNING AREAS, OPEN
SPACE AREAS, AND PARK SITES OF THE PALOMA
DEL SOL SPECIFIC PLAN AMENDMENT NO. 8
LOCATED EAST OF MEADOWS PARKWAY, NORTH
OF DE PORTOLA ROAD, WEST OF BUTTERFIELD
STAGE ROAD, AND SOUTH OF PAUBA ROAD, AND
FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS.
955-030-003, 955-030-004, 955-030-006, AND 955-030-
032
Mayor Comerchero opened the public hearing, noting that the applicant has requested
that this item be continued to the January 8, 2002, City Council meeting.
MOTION: Mayor Pro Tem Roberts moved to continue this item to the January 8, 2002,
City Council meeting. The motion was seconded by Councilman Pratt and voice vote
reflected unanimous approval with the exception of Councilman Stone who was absent.
12 Development Code Amendment (Plannin(~ Application No. 01-0566 - Secondary
Dwellina Units)
RECOMMENDATION:
12.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 01-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING CHAPTER 17 OF THE
TEMECULA MUNICIPAL CODE TO MODIFY THE
STANDARDS FOR SECONDARY DWELLING UNITS
(PLANNING APPLICATION NO. 01-0566)
Senior Planner Hogan provided an overview of the staff report (of record), noting that the
State legislature has made a determination that second units are an integral part of the
housing market, and that communities should require these units; clarified that the City's
current ordinance limits the size (whether it be attached or detached) to 1200 square
feet, relaying that staff had proposed that this maximum allowable size be increased to
2,000 square feet on lots of one acre, or larger; noted that when this item was presented
to the Planning Commission, ultimately it was the Commission's recommendation that
the City Council deny approval of this particular amendment; and via overheads,
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presented various sized lots, demonstrating the varying total building envelopes with the
required setbacks.
Addressing the queries of the City Council, for Councilman Naggar, City Manager
Nelson advised that while the Planning Commission recommended denial of this
amendment, it was still staff's position that this amendment would be appropriate. Senior
Planner Hogan clarifying that from staff's viewpoint, the 1200 square-foot maximum
allowable size for second units was too stringent for the larger parcels, citing an example
of a resident who owned a two-and-a-half acre lot, and desired to build a 1600 square-
foot second unit, advising that it was staff's opinion that a second unit of this size on a
two-and-a-half acre lot would be appropriate, and that the character of the area would
still be maintained; and noted that the Planning Commission's concerns were regarding
compatibility with the surrounding areas, as well as traffic, on-street parking impacts, and
the provision of additional opportunities for rental housing.
For Mayor Pro Tern Roberts, Senior Planner Hogan noted that the Planning Commission
did not hear this item until last Wednesday, ergo the information regarding the Planning
Commission's action was provided via supplemental agenda material; advised that there
were a few residents with proposals for second units which would be affected by the City
Council action, relaying that once the public hearing is opened, the sense of urgency
would be clearer; and for Councilman Pratt, reiterated that increased traffic was one of
the Planning Commission's concerns.
In response to Mayor Comerchero, Chairman Chiniaeff, representing the Planning
Commission, relayed that the concern of the Commission regarding this issue varied,
noting that initially some Commissioners opined that these second units should not be
allowed, which was addressed via the State mandate; with respect to the proposal to
permit a larger unit (larger than 1200 square feet) on lots larger than one acre, relayed
that it was the consensus of the Commission that it was not necessary to change the
ordinance to allow for larger units for the purpose of granny flats, or second units, and
that this size was adequate for this use; and reiterated the concerns regarding
increasing the size of these units, as follows: increased traffic, and the fear that the
character of the neighborhood would not be maintained.
For Mayor Comerchero, Senior Planner Hogan relayed that the State legislature
provided clarity regarding its intent, declaring that second units are a valuable form of
housing in California; that second units provide housing for family members to assist the
elderly, for in-home healthcare providers, for the disabled, and others, at below market
prices in existing neighborhoods; and advised that the unit was intended as a rental use,
and not as a unit for sale.
In response to Mayor Comerchero's queries regarding whether it was the intent of the
State to increase the economic viability of these homes, City Attorney Thorson advised
that the courts, in interpreting the statute, had stated that the units could be rented out,
advising that this would not be necessarily limited to a family member, or a caregiver;
and relayed that the unit could not be sold.
At this time Mayor Comerchero opened the public hearing.
Speaking as a proponent of the proposal to amend the Development Code, Mr. Ray
Graesser, 39700 Cantrell Road, relayed that subsequent to receiving information from
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the Building Department he built a guest house first, with plans to build a 2500-2600
square-foot main house, paid the associated school fees, and when he went to pick up
the building permit he was directed to fill out a Conditional Use Permit (CUP) application,
and was subsequently told that the 1800 square-foot guest house was too large, and
should be 1200 square feet maximum; relayed that had he known, he would have built
this size unit initially; advised that in order to get permits for the main house, he has had
to wall off a portion of the guest house to reduce the square footage to 1200 square feet,
although he is paying taxes on the full unit and has spent the extra money building a
larger unit; and noted that this proposed amendment, if adopted, would have a
significant positive impact for him.
Speaking as a proponent of the proposal to amend the Development Code, Mr. Michael
Graesser, 39700 Cantrell Road, addressing the traffic concerns, relayed that his
residence is located on a privately-maintained road; noted that at this point, a lot split or
a subdivision would mean incurring substantial costs; referencing the California
Government Code, advised that the 1200 square-foot maximum size limitations were
creating a burden on his family; referenced a letter from his neighbor (which was
submitted to City Clerk Jones for the record), supporting the permitting of his 1800
square foot second unit; and noted that Riverside County limits the size of second units
to two-thirds of the square footage of the main home, and not a specific square footage.
Speaking in opposition to the proposal to amend the Development Code, Mr. Ron
Knowles, 39675 Cantrell Road, referencing the State Code, specified the State's
allowance of a maximum '1200 square-foot second unit ( *this 1200 maximum square
footage referenced was later addressed by City Attorney Thorsen), advising that this
was adequate space for an elderly parent, relaying that to allow a 2,000 square-foot unit
on a five-acre lot, changed the character of the neighborhood; and additionally noted his
concern regarding traffic, and changes in density.
Speaking in opposition to the proposal to amend the Development Code, Mr. Bill De
Valch, 39835 Cantrell Road, relayed that he bought his property in order to live in a Iow-
density area; and advised that to allow a 2,000 square foot second unit would create
traffic impacts, as well as negative impacts affer the property was sold.
For clarification regarding a comment made by the public, City Attorney Thorsen advised
that the State only limits the size of the second unit if a local jurisdiction has not adopted
an ordinance addressing second units; for Mayor Comerchero, confirmed that the City of
Temecula did adopt an ordinance limiting the size to a maximum 1200 square feet, and
that the Council did have the authority to allow a larger-sized second unit, is so desired.
At this time the public hearing was closed.
Mayor Pro Tern Roberts noted that he could not support a blanket approval allowing
2,000 square foot second units on lots one acre, or larger, advising that a second unit
this size would be inappropriate on various parcels.
In response to Councilman Naggar, Director of Planning Ubnoske confirmed that the
setback requirements would still have to be adhered to, confirming that the building
envelopes on parcels would vary, Senior Planner Hogan confirming that the site
topography could further restrain the building on the property.
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With respect to traffic, Councilman Naggar relayed that if an individual opted to add
square footage via an attached building (i.e., an add-on), the impacts would not be
different then those associated with adding a second unit; and queried the City Council
for clarification regarding the concerns.
In response, Mayor Pro Tern Roberts relayed that a larger, detached second unit could
house a second family, or be utilized as rental housing, more easily.
For Councilman Naggar, City Attorney Thorson advised that the law did not place
limitations regarding who could utilize the second unit; and for Mayor Comerchero,
confirmed that the City Council could not restrict the use.
Noting his inclination to support increasing the allowable size of a second unit,
Councilman Naggar opined that a 2,000 square foot unit would be too large for a one-
acre site; and advised that since there appeared to be a consensus (in the community,
as well as on the City Council) that the concept of granny flats would not create a
negative impact, it was his recommendation that the negative aspects of this proposal be
mitigated.
Mayor Comerchero opined that it was inappropriate to amend the Development Code to
address one resident's issue, advising that a more prudent avenue for solving this matter
be sought.
For informational purposes, Senior Planner Hogan relayed that there was a second
property owner present at this hearing who has had to wall off a portion of their second
unit due to this size issue.
For clarification, Director of Planning Ubnoske noted that when coming into the Planning
Department, residents with large parcels have relayed a desire for larger second units,
clarifying the rationale for staff bringing this issue forward.
For Mayor Pro Tem Roberts, Senior Planner Hogan provided the rationale for staff
proposing to amend the maximum size of a second unit on lots of a size of one acre, or
larger.
In response to City Manager Nelson, Director of Planning Ubnoske relayed that in the
past eleven years, staff has had fewer than five requests for larger second units,
confirming that this issue would most likely not have a significant impact in the City,
overall.
Additional discussion ensued regarding the following: 1 ) creating a sliding scale and
permitting varying sized units based on the acreage of the parcel, 2) addressing the
requests on a case-by-case basis, or 3) increasing the maximum size to 1600 square
feet.
In response to Councilman Pratt's suggestion, City Attorney Thorson relayed that the
City Council would have the authority to approve the uses via a Conditional Use Permit
(CUP), but that standards would have to be developed; and noted that the fee for a CUP
was approximately $5,000.
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In response to Councilman Naggar's queries regarding expeditiously addressing the
residents who have existing second units larger than 1200 square feet, which have been
walled off, Director of Planning Ubnoske advised that the sole avenue for dealing with
these issues with the existing ordinance, would be to limit the second unit to 1200
square feet.
Director of Planning Ubnoske relayed that if the units were to be permitted via a Minor
CUP, the matter would go before a hearing, neighbors would be noticed, staff could
address incompatibility issues, and the cost would be under $1,000; and for Councilman
Naggar, advised that findings (i.e., compatibility) would have to be developed to support
the CUP.
Mayor Pro Tern Roberts noted that he would not support permitting a 2,000 square foot
second unit unless the lots' size was a minimum of 2.5, or 5 acres.
Discussion ensued regarding consideration to send the item back to the Planning
Commission for consideration Chairman Chiniaeff concurring that new information had
been presented.
For Councilman Naggar, Chairman Chiniaeff noted that the second units could be
allowable solely in certain sections of the City, if the larger second units were permitted
based on a certain lot size.
In response to Mayor Pro Tern Roberts, City Attorney Thorson advised that the CC&Rs
of a Homeowners Association are an independent authority over land uses than City
zoning regulations, advising that one does not affect the other.
MOTION: Councilman Naggar moved to send this item back to the Planning
Commission for consideration. Mayor Pro Tern Roberts seconded the motion and voice
vote reflected unanimous approval with the exception of Councilman Stone who was
absent.
CITY MANAGER'SREPORT
Providing an update, City Manager Nelson relayed that Congress has approved
a $4 million commitment of Federal transportation funds to widen Pala Road,
thanking Congressman Issa, Senators Boxer, and Feinstein, staff, as well as
Federal Lobbyist David Turch, for their efforts regarding this matter; and noted
that there was an additional $4.4 million pledged by the Pechangas for this
project.
With respect to the refinancing of the Community Recreation Project Bonds, City
Manager Nelson relayed that the final pricing was complete, and that the City
would receive approximately $2.67 million in additional funding without increasing
the City's annual debt service costs, advising that the funds would be considered
by the City Council in the upcoming ClP process.
After City Manager Nelson welcomed his daughter's attendance to the meeting
(validating for her teacher's information that she was present at this City Council
meeting), Mayor Comerchero requested that she stand, and all those present
greeted Jennifer Nelson with applause.
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CITY ATFORNEY'S REPORT
With respect to the five items discussed in Closed Session, City Attorney
Thorson advised that there were no reportable actions regarding the three Real
Estate items, noting that no final action will be taken on these matters unless at a
public meeting; relayed that them was nothing to report with respect to the City of
Temecula v. Lennar Homes litigation; and with respect to the Ross v. Stone
matter, relayed that a motion was made by Mayor Pro Tem Roberts, seconded
by Mayor Comemhero to defend Mr. Stone pursuant to Government Code
Section 36812.5; that the vote was tied with Mayor Pro Tern Roberts and Mayor
Comerchero voting yes, and Councilmen Naggar and Pratt voting no, advising
that the action was to not defend Mr. Stone in the election contest.
ADJOURNMENT
At 8:29 P.M., Mayor Comerchero formally adjourned the City Council meeting to
Tuesday, January 8, 2002 at 7:00 P.M. in the City Council Chambers, 43200 Business
Park Drive, Temecula, California.
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