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Home My WebLink About092402 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL SEPTEMBER 24, 2002 After the Closed Session that convened at 6:00 P.M., the City Council convened in Open Session at 7:00 P.M., on Tuesday, September 24, 2002, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Absent: Councilmembers: Councilmember: Comerchero, Pratt, Stone Naggar, Roberts City Attorney Thorson advised that a quorum has been met but that actions which require the expenditure of funds will require three City Council votes as will the introduction of ordinances and that other items may be adopted by two City Council votes. PRELUDE MUSIC The prelude music was provided by Eve Craig. INVOCATION The invocation was given by Pastor Steve Struikmans of Rancho Community Church. ALLEGIANCE The flag ceremony was presented by Mayor Pro Tem Stone. PRESENTATIONS/PROCLAMATIONS Special Achievement Award for Matthew John Sappin.qton for attaininq Eaqle Scout rank On behalf of the City Council, Councilman Comerchero presented the award to Matthew Sappington. Meqan's Law Public Access Computer Presentation Advising that as of September 25, 2002, at noon, Police Chief Domenoe informed the City Council and the public that Megan's Law information will be publicly and electronically accessible at the Old Town Police Store Front location. In response to the Council, Mr. Domenoe noted the following: · That those interested in accessing the database will be required to present a valid California I.D. and that a waiver form must be signed; · That if a demand is recognized, Saturday hours could be made available (Monday & Tuesday 9:00 A.M. - 5:00 P.M. and Wednesday & Thursday 12:00 - 8:00 P.M.); · That the hours of accessibility will be posted on the City's Web. PUBLIC COMMENTS On behatf of a newly formed and forming citizens committee (Temecula Vatley YES on Proposition No. 47), Mr. Chuck Washington, 31205 Kahwea Road, spoke in support of the R:\Minutes\092402 1 proposition and requested the City's support of this State School Board Measure, briefly commenting on the financial benefits the Temecula schools would derive. CITY COUNCILREPORTS A. By way of overheads, Councilman Pratt commented on traffic congestion and stated that, in his opinion, the City staff/management has continued to ignore the legislative intent of the State Congestion Management Plan. B. Advising that the Small Business and Government Relations Committee was sponsoring a Small Business Assistance Conference on Monday, October 21,2002, in Diamond Bar, Councilman Comerchero advised that representatives from various agencies will be in attendance and recommended the participation of small business owners. C. In response to Councilman Pratt's comment, Mayor Pro Tem Stone relayed his opposition to blaming City staff/management on the response of the State's Congestion Management Plan, noting that the City's staff has operated on the policies set forth by the past and present City Councils; that the City Council has accomplished everything possible to try to alleviate traffic within the community; and that mass transit will continue to be a very important issue. Mr. Stone addressed the extravagant costs associated with a monorail system and noted that mass transit will not be a reality for the City, including rural areas, until a partnership with the Federal government can be created. D. Questioning the proposed cost of a monorail system ($1.5 billion), Councilman Pratt noted that he would like to further explore those costs and, therefore, requested that additional staff time be allotted to him. In response to Mr. Pratt's request, Mayor Pro Tem Stone noted that the request to allocate additional staff time should be agendized for the next meeting. E. Advising that Mayor Roberts is at the American Public Transit Association Conference in Las Vegas, Councilman Comerchero suggested that information be received from him with regard to the monorail system. CONSENT CALENDAR 1 Standa~ Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motionto waivethereading ofthetext ~ allordinances andresolutionsincludedinthe agenda. 2 Resolution Approvinq List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: R:\Minutes\092402 2 3 4 5 6 RESOLUTION NO. 02-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Purchase of seven City Vehicles RECOMMENDATION: 3.1 Approve the purchase of the following vehicles from Rancho Ford: Two 2003, mid-sized Ford trucks · Two 2003, 1/2-ton Ford trucks ,, One 2003, 3A-ton Ford truck · One 2003, 15-passenger van · One 2003, cab and chassis stencil truck rehab $18,507.11 (each) $22,115.69(each) $25,663.15 $22,735.25 $46,122.39 3.2 Approve an additional appropriation of $18,507.11 for the purchase of the second mid-sized truck. Authorization to execute the Supplemental ARreement for the Fiscal Year 2002-2003 Community Development Block Grant Funds RECOMMENDATION: 4.1 Authorize the Mayor to execute the Supplemental Agreement for fiscal year 2002-03 Community Development Block Grant Funds. Acceptance of Landscape Bonds and Agreement for perimeter landscapin.q alonq Seraphina Road and Rita Way for Tract Map Nos. 26828, -1, and -2 RECOMMENDATION: 5.1 Accept the agreement and surety bonds from Heritage Sycamore Springs, LLC, for landscaped slopes and parkways along Seraphina Road and Rita Way within Tract Map Nos. 26828, -1, and -2. Award of Construction Contract - Rancho Vista Road Drainaqe Improvements - Project No. PW02-12 RECOMMENDATION: 6.1 Award a construction contract for Rancho Vista Road Drainage Improvements - Project No. PW02-12 -to McLaughlin Engineering & Mining, Inc. of Temecula, California, in the amount of $27,000.00 and authorize the Mayor to execute the contract; R:\Minutes\092402 3 7 8 9 6.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $2,700.00 which is equal to 10% of the contract amount. Completion and Acceptance of Construction Contract - Mar.qarita Road Wideninq (Interim Phase II} - Proiect No. PW99-01 RECOMMENDATION: 7.1 Accept the Margarita Road Widening Project (Interim Phase II) - Project No. PW99- 01 - as complete; 7.2 File a Notice of Completion, release the Performance Bond, and accept a twelve- month 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 filed. Amendment No. 1 to the Professional Services A.qreement for John Warner/Santiaqo Road Assessment District Improvement Project - Hydroloqy Study - Proiect No. PW02-07 RECOMMENDATION: 8.1 Approve Amendment No. I in an amount not to exceed $8,215.00 to the Professional Services Agreement with Engineering Resources of Southern California, Inc. to provide additional design services for the John Warner/Santiago Road Assessment District Improvement Project - Hydrology Study - Project No. PW02-07 - and authorize the Mayor to execute the amendment. (Because of the absence of Mayor Roberts and Councilman Naggar, this item was continued to the meeting of October 8, 2002, and Mayor Pro Tem Stone advised that he would have to abstain with regard to this matter.) Award of Construction Contract for Intersection Traffic Monitoring System and Traffic Signal Interconnect- Proiect No. PW99-05 RECOMMENDATION: 9.1 Award a construction contract for DBX, Inc. for the Intersection Traffic Monitoring System and Traffic Signal Interconnect - Project No. PW99-05 - in the amount of $945,103.00 and authorize the Mayor to execute the contract; 9.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $47,255.15 which is equal to 5% of the contract amount; 9.3 Award a construction contract to MCSi, Media Consultants/System Integrators for modification and installation of a Traffic Operation Center in an amount not to exceed $150,000.00 and authorize the Mayor to execute the contract; 9.4 Approve a transfer in the amount of $300,000.00 from the French Valley Parkway Interim Southbound Off-Ramp to Jefferson Avenue Phase I project to the Intersection Traffic Monitoring System - Project No. PW99-05. R:\Minutes\092402 4 MOTION: Councilman Comerchero moved to approve Consent Calendar Item Nos. 1 - 7 and 9 (Item No. 8 was continued to the meeting of October 8, 2002). The motion was seconded by Councilman Pratt and voice vote reflected approval with the exception of Councilman Naggar and Mayor Roberts who were absent. At 7:23 P M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency, and after a short recess, the City Council Meeting resumed with regular business at 7:40 P.M. PUBLIC HEARING 10 Rancho Ca forn a Road Br dqe WideninR over Murrieta Creek - Approval of Proiect and Mitiqated Ne,qative Declaration RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 02-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A MITIGATED NEGATIVE DECLARATION AND APPROVING THE RANCHO CALIFORNIA ROAD BRIDGE WIDENING OVER MURRIETA CREEK PROJECT NO. PW99-18 Public Works Director Hughes reviewed the staff report (of record). Mayor Pro Tem Stone opened the public hearing. Councilman Pratt relayed his opposition to this project for the following reasons: · That CEQA would require the completion of an Environmental Impact Report (EIR) for this project; · That the preparation of a Negative Declaration for an incremental part of a total project would be in violation of the CEQA requirement; · That an adequate Negative Declaration be prepared and that an EIR for the entire circulation portion of the 2002-06 CIP budget of which this Negative Declaration addresses an incremental part. At this time, Mayor Pro Tem Stone closed the public hearing. Strongly disagreeing with Councilman Pratt's comments, Mayor Pro Tern Stone noted that staff has adhered to the CEQA requirements and relayed his confusion with Councilman Pratt opposing a project on CEQA grounds a project which was designed to increase traffic flow, noting that the widening of this bridge would accommodate more traffic. Having adhered to the environmental steps necessary to provide this infrastructure amenity, Mayor Pro Tem Stone noted that this project will be one of many public improvements which will improve the quality of life for the citizens of this City by lessening traffic and advised that the City has taken legal action with regard to County projects which are creating challenging impacts to the City and, thereby, ensuring that impacts are mitigated. R:\Minutes\092402 5 MOTION: Councilman Comerchero moved to approve the staff recommendation. The motion was seconded by Mayor Pro Tem Stone androll call vote reflected approval with the exception of Councilman Naggar and Mayor Roberts who were absent and Councilman Pratt who opposed. 11 Planning Application Nos. PA01-0522 (Zone Chan,qe) and PA00-0470 {Conditional Use Permit/Development Plan) - Rancho Community Church RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 02-80 A RESOLUTION OF THE CITY COUNCIL APPROVING THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM BASED ON THE INITIAL STUDY AND ADOPTION OF THE ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR PA01-0522 AND PA00- 0470, GENERALLY LOCATED ON THE NORTH SIDE OF STATE HIGHWAY 79 SOUTH BEGINNING 480 FEET EAST OF JEDEDIAH SMITH ROAD AND CONTINUING EAST FOR APPROXIMATELY 4,000 FEET, FOR PROPERTY DESCRIBED AS LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, & 10 OF TRACT NO. 15211; ALSO KNOWN AS ASSESSOR'S PARCEL NUMBERS 959-060- 001 THRU -005 & 959-070-001 THRU -006. 11.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 02-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01- 0522, A CHANGE OF ZONE FROM PROFESSIONAL OFFICE (PO) TO PLANNED DEVELOPMENT OVERLAY- 6 (PDO-6), AMENDING THE ZONING MAP AND DEVELOPMENT CODE OF THE CITY OF TEMECULA, AND ADOPTING THE STANDARDS AND REGULATIONS CONTAINED IN THE ACCOMPANYING PDO DOCUMENT, GENERALLY LOCATED ON THE NORTH SIDE OF STATE HIGHWAY 79 SOUTH BEGINNING 480 FEET EAST OF JEDEDIAH SMITH ROAD AND CONTINUING EAST FOR APPROXIMATELY 4,000 FEET, FOR PROPERTY DESCRIBED AS LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, & 10 OF TRACT NO. 15211; ALSO KNOWN AS ASSESSOR'S PARCEL NUMBERS 959-060-001 THRU -005 & 959-070-001 THRU -006. R:\Minutes\092402 6 11.3 Adopt a resolution entitled: RESOLUTION NO. 02-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 00- 0470, A CONDITIONAL USE PERMIT, FOR THE OPERATION OF A 146,826 SQUARE FOOT CHURCH COMPLEX ON A 39- ACRE SITE, INCLUDING A 1,500-SEAT, 26,927 SQUARE FOOT INTERIM SANCTUARY WITH ASSEMBLY ROOM AND NURSERY; A 300 SEAT, 5,856 SQUARE FOOT CHAPEL; A 3,500 SEAT, 43,727 SQUARE FOOT WORSHIP CENTER; A 9,695 SQUARE FOOT PRE-SCHOOL; THE PLACEMENT OF SEVENTEEN (17) MODULAR CLASSROOM BUILDINGS AS TEMPORARY FACILITIES; FIVE SPORTS FIELDS; A GYMNASIUM; AND A TWO-STORY, FOUR LEVEL PARKING STRUCTURE (WITH 918 SPACES TOTALING 380,023 SQUARE FEET), GENERALLY LOCATED ON THE NORTH SIDE OF STATE HIGHWAY 79 SOUTH BEGINNING 480 FEET EAST OF JEDEDIAH SMITH ROAD AND CONTINUING EAST FOR APPROXIMATELY 3,000 FEET, FOR PROPERTY DESCRIBED AS A PORTION OF LOT 3 AND LOTS 4, 5, 6, 7, 8, 9, & 10 OF TRACT NO. 15211; ALSO KNOWN AS ASSESSOR'S PARCEL NUMBERS 959-060-001 THRU -005 & 959-070-003 THRU -006 R:\Minutes\092402 7 11.4 Adopt a resolution entitled: RESOLUT. ION NO. 02-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 00- 0470, A DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A CHURCH AND SCHOOL CAMPUS TO ACCOMMODATE 1,800 STUDENTS ON A 39-ACRE SITE. THE OVERALL PROJECT WILL INCLUDE 146,826 SQUARE FEET OF RELIGIOUS INSTITUTION WHICH INCLUDES: A 1,500- SEAT, 26,927 SQUARE FOOT, INTERIM SANCTUARY WITH ASSEMBLY ROOM AND NURSERY, A 300-SEAT, 5,856 SQUARE FOOT CHAPEL, A 11,860 SQUARE FOOT ADULT EDUCATION BUILDING, A 3,500 SEAT, 43,727 SQUARE FOOT WORSHIP CENTER, AND A TWO STORY, FOUR LEVEL PARKING STRUCTURE (WITH 918 SPACES TOTALING 380,023 SQUARE FEET); AND 136,771 SQUARE FEET OF SCHOOL FACILITIES FOR FIRST THROUGH TWELFTH GRADE CONSISTING OF: AN INTERIM MODULAR SCHOOL CAMPUS WITH A TOTAL OF 17 MODULAR CLASSROOM BUILDINGS, TWO ELEMENTARY SCHOOL BUILDINGS TOTALING 64,156 SQUARE FEET, A 28,826 SQUARE FOOT MIDDLE SCHOOL, A 17,900 SQUARE FOOT HIGH SCHOOL, A 9,695 SQUARE FOOT PRE-SCHOOL, TWO-UNIT FIELD HOUSE/RESIDENCE BUILDINGS, A 16,194 SQUARE FOOT GYMNASIUM; AND A TWO-STORY, 44,406 SQUARE FOOT ADMINISTRATION/OFFICE BUILDING, GENERALLY LOCATED ON THE NORTH SIDE OF STATE HIGHWAY 79 SOUTH BEGINNING 480 FEET EAST OF JEDEDIAH SMITH ROAD AND CONTINUING EAST FOR APPROXIMATELY 3,000 FEET, FOR PROPERTY DESCRIBED AS A PORTION OF LOT 3 AND LOTS 4, 5, 6, 7, 8, 9, & 10 OF TRACT NO. 16211; ALSO KNOWN AS ASSESSOR'S PARCEL NUMBERS 959-060-001 THRU -005 & 959-070-003 THRU -006 Planning Director Ubnoske reviewed the staff report (as per agenda material), highlighting the Planning Commission's recommendation and added conditions, advising that the Commission unanimously recommended approval of the Zone Change, Development PIan, and Conditional Use Permit. Councilman Comerchero commended staff and the subcommittee on its efforts associated with this project. For Mr. Comerchero, staff noted the following: That the trip generation analysis comparison to the existing office professional to the proposed PDO reflected an insignificant differential and it may have even been less during peak hours. Councilman Comerchero recommended that if sufficient alternate fueling facilities were available in the City, that such options be explored versus the use of diesel. It was noted that the applicant voiced no objection to this recommendation. Councilman Pratt noted that he would view the proposed project as a traffic mitigator. R:\Minutes\092402 8 At this time, Mayor Pro Tem Stone opened the public hearing. Pastor Steve Struikmans, Rancho Community Church, 29741 Camino del Sol, commended staff on its assistance; thanked the Planning Commission for its recommendations and approval; and relayed his concurrence with the resolutions, ordinance, and conditions of approval. For Councilman Pratt, Mr. Malkoff, representing the applicant, noted that the tree height will be 15' to 20' at maturity; that the homes located behind the development are typically 20' to 40' higher in elevation; and that dependent on budget, the lighting of the ball fields may be included in the initial phase. Ms. Cynthia Vaidez, 1954 Placenta, Costa Mesa, Vice President of Bridgeport Builders, extended her appreciation to the City Council for its review of this matter; commended the Planning Commission and Planning Department staff on its assistance in this process; and advised that she has reviewed the staff report and concurs with the proposed recommendation. At this time, Mayor Pro Tem Stone closed the public hearing. Councilman Pratt reiterated that the proposed project would be a traffic mitigator. Councilman Comerchero commended those associated with this project on their efforts of involving the community. MOTION: Councilman Comerchero moved to adopt Resolution Nos. 02-80, 02-81, and 02-82. The motion was seconded by Councilman Pratt and voice vote reflected approval with the exception of Councilman Naggar and Mayor Roberts who were absent. MOTION: Councilman Comerchero moved to adopt Ordinance No. 02-04. The motion was seconded by Councilman Pratt and voice vote reflected approval with the exception of Councilman Naggar and Mayor Roberts who were absent. Mayor Pro Tem Stone complimented the applicant on its efforts of community involving on this project. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT City Manager Nelson commended the Planning Commission and Planning Department staff on its efforts with regard to the Rancho Community Church project. CITY ATTORNEY'S REPORT With regard to Closed Session, City Attorney Thorson noted that with regard to the City of Temecula/City of Corona, et al. v. County Of Riverside, et al. case, the City Council voted 3-0-2- 0 to authorize the City Attorney's office to file a petition for rehearing and if that were denied, to file a petition for review in the California Supreme Court. With regard to the real property negotiation item, Mr. Thorson stated that any final agreement would be subject to approval before the City Council at a public session. R:\Minutes\092402 9 ADJOURNMENT At 8:09 P.M., the City Council meeting was formally adjourned to Tuesday, October 8, 2002, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: [SEAL] ~Ron F~oberts, Mayor R:\Minutes\092402 10