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HomeMy WebLinkAbout032304 CC Minutes I I I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MARCH 23, 2004 The City Council convened in Closed Session at 6:15 P.M. and in Open Session at 7:00 P.M., on Tuesday, March 23, 2004, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: 5 Councilmembers: Comerchero, Roberts, Stone, Washington, and Naggar Absent: 0 Councilmember: None PRELUDE MUSIC The prelude music was provided by Shanti Ryle. INVOCATION The invocation was given by Minister Selecia Brown of Imani Church of God in Christ. ALLEGIANCE The flag ceremony was presented by Boy Scout Troop No. 412. PRESENT A TION/PROCLAMA TIONS Certificate of Achievement to David C. Hansen for attainina Eaale Scout rank Accepting the Certificate presented to him by Mayor Pro Tem Comerchero, Mr. David Hansen briefly apprised the City Council and viewing public of his Eagle Scout project. Sister City Sponsorship Presentation At this time, the City Council as well as a representative from the Sister City Association presented checks to those students traveling to Nakayama, Japan and Voorburg, Netherlands. Buildina Safety Week Proclamation Thanking the City Council for this recognition, Building and Safety Director Elmo commented on efforts to raise community awareness of building and safety to ensure safety and apprised the viewing public of steps taken in the Building and Safety Department to accomplish this task such as the Express Desk, State contractors licensed Board information, self-help programs on the web site, etc. Leaaue of California Cities Ballot Initiative - Local Taxpavers and Public Safety Measure Thanking Councilman Washington for distributing pertinent material to the City Council with regard to this matter and congratulating Supervisor Elect Stone as well Mayor Naggar on the approval of his housing project in the County of Riverside, Mr. David Willman, regional representative for the League of California Cities, discussed progress made on the ballot measure which has been sponsored by the League of California Cities; apprised the City R:IMinutesIO31604 I I I Council and viewing audience of the Local Taxpayers and Public Safety Measure which would be anticipated to be on the November ballot, noting that any taking of local revenue by the State will require a vote by the people and advised that another provision of the Measure will be with regard to mandated programs/services, requiring that the State reimburse local agencies within 180 days of the effective date. PUBLIC COMMENTS A. Congratulating Supervisor Elect Stone, Mr. Jim Mitchell, 31550 Sunningdale, encouraged the promotion of greater public involvement in the election progress and requested that the City Council consider the following: . Approve Candidate forums . Design and fund vote involvement campaigns . Pay for televised candidate forums CITY COUNCIL REPORTS A. Councilman Washington invited the public to two upcoming park dedications on Wednesday, March 24, 2004, at 3:30 P.M. for Pauba Ridge Park and the Serena Hills Park. B. Commenting on the educational experience associated with the Sister City Programs, Councilman Stone relayed his support of such beneficial programs. Having read the Inland Empire Magazine, Mr. Stone advised that the City of Temecula was denoted as the No.1 City to live in the Inland Empire. Echoing Mr. Mitchell's comments as to the importance of candidate forums, Mr. Stone commented on the importance of televising such forums; noted that municipalities should allocate funds to televise forums to ensure citizens have the opportunity to view all candidates; and advised that his goal would be to televise future Board of Supervisors meetings. Mr. Stone requested that SB 744 (Dunn) be agendized for the April 13 or April 20, 2004 City Council meeting, commenting on this detrimental legislation which would transfer local land use authority to the State. C. Mayor Naggar invited the public to attend the upcoming State of the City Address on Thursday, March 25, 2004, at 8:00 A.M., at Pechanga, advising that this event will be sponsored by the Chamber of Commerce and that the City's theme will be Temecula leading the way. In response to Mr. Naggar, City Manager Nelson advised that staff will explore how the City may post similar information, with regard to Megan's, on its website as posted on the County's website. CONSENT CALENDAR Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. R:IMinuteslO31604 2 I I I 2 Resolution approvina List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 04-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 City Council Meetina Schedule - April 2004 RECOMMENDATION: 3.1 Direct the City Clerk to reschedule the City Council meeting of April 27, 2004 to April 20, 2004 and to perform the appropriate postings and noticing requirements of the Government Code. 4 2004 Workers' Compensation Coveraae Annual Renewal RECOMMENDATION: Select State Compensation Insurance Fund as the City's Employee Workers' Compensation Insurance for Plan Year 2004 which began on February 1, 2004; 4.2 Approve an appropriation of $25,000 from the General Fund. 4.1 5 Acceptance of Grant Deed - Pauba Ridae Park RECOMMENDATION: 5.1 Authorize acceptance of the Grant Deed for Pauba Ridge Park, located in the Crowne Hill Development and direct staff to proceed with the necessary actions to cause the deed to be recorded. 6 Parcel Map No. 30180 (located south of Hiahwav 79 South. east of Pechanaa Parkwav. north of Loma Linda Drive. and west of Victoria Lane) RECOMMENDATION: 6.1 Approve Parcel Map No. 30180 in conformance with the Conditions of Approval; 6.2 Approve the Subdivision Improvement Agreement; 6.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as security for the agreements. R:IMinutesIO31604 3 I I I 7 Parcel Map No. 30786 (located on the south side of Pauba Road - approximatelv 2.000 feet west of Maraarita Road) RECOMMENDATION: 7.1 Approve Parcel Map No. 30786 in conformance with the Conditions of Approval. 8 Tract Map No. 29798-3 (located south of Loma Linda Road. east of Pechanaa Parkwav. north of Wolf Vallev Road in the Wolf Creek Specific Plan No. 12 EIR RECOMMENDATION: 8.1 Approve Tract Map No. 29798-3 in conformance with the Conditions of Approval; 8.2 Approve the Subdivision Improvement Agreement; 8.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as security for the agreements. 9 Tract Map No. 29798-5 (located south of Loma Linda Road. east of Pechanaa Parkwav. north of Wolf Valley Road. in the Wolf Creek Specific Plan No. 12 EIR) RECOMMENDATION: 9.1 Approve Tract Map No. 29798-5 in conformance with the Conditions of Approval; 9.2 Approve the Subdivision Improvement Agreement; 9.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as security for the agreements. 10 Award the Construction Contract for Pechanaa Parkwav - Phase IIA - Storm Drain Improvements (Wolf Vallev Creek Channel- Staae 1) - Proiect No. PW99-11 SD - and authorization for Muirfield Drive Street Closure RECOMMENDATION: 10.1 Award a construction contract for Pechanga Parkway - Phase IIA - Storm Drain Improvements (Wolf Valley Creek Channel - Stage 1) - Project No. PW99-11 SD - to Yeager Skanska in the amount of $4,187,607.00 and authorize the Mayor to execute the contract; 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $418,760.70, which is equal to 10% of the contract amount. 10.3 Adopt a resolution entitled: R;IMinuteslO31604 4 I I I RESOLUTION NO. 04-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING THE CITY ENGINEER TO BEGIN A STREET CLOSURE OF MUIRFIELD DRIVE BETWEEN PECHANGA PARKWAY AND TROTSDALE DRIVE FOR THE CONSTRUCTION OF PECHANGA PARKWAY - PHASE IIA - STORM DRAIN IMPROVEMENTS (WOLF VALLEY CREEK CHANNEL STAGE 1) FOR 30 CONSECUTIVE WORKING DAYS BETWEEN APRIL 2004 AND DECEMBER 2004 11 Award the Construction Contract for Proiect No. PW04-04 - Asphalt Crackfill Proiect- FY2003-2004 - various streets RECOMMENDATION: 11.1 Award a construction contract for Project No. PW04-04 Asphalt Crackfill Project - FY2003-2004 - various streets to Bond Blacktop, Inc. in the amount of $89,722.00 and authorize the Mayor to execute the contract; 11.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $ 8,972.20, which is equal to 10% of the contract amount. MOTION: Mayor Pro T em Comerchero moved to approve Consent Calendar Item Nos. 1-11. Councilman Stone seconded the motion and the electronic vote reflected unanimous. At 7:37 P.M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:41 P.M., the City Council resumed with regular business. COUNCIL BUSINESS 12 Chaparral Special StudY Area - Interim Policv RECOMMENDATION: 12.1 Provide direction on how to address General Plan Land Use and Zone Change requests in the Chaparral Special Study Area. Planning Director Ubnoske reviewed the staff report (of record) and responded to inquiries as follows, noting that the City Council's action would be the final action; that it would not be necessary for the Planning Commission to revisit this matter; that the proposed action would be policy direction, not a zone change; that any future zone changes will require City Council approval; that the General Plan Community Advisory Committee concurred with the proposed policy as it pertains to land use within the City; that the proposed policy will be solely interim for the purpose of codifying the interim policy in the General Plan, at which point, it will be permanent policy; and that the intent of this policy and its codification will be to maintain the rural environment and to maintain the trail system and to create new trail connections and new equestrian trails. R;IMinuteslO31604 5 I I I Advising that the owners of properties within the discussed area would still have to be consistent with the hillside policies, Deputy City Manager Thornhill noted that owners could have the option to build one unit on the entire one acre or Y. acre and set aside Y. acre for open space. Councilman Roberts relayed his preference that the matter be reviewed by the Planning Commission. Mr. Larry Markham, 41635 Enterprise Circle North, noted that the transition policy for the 1.75 acre parcel adjacent to Santiago Road will remain the same as will the properties ranging from 21/2 acres to 1 acre and that this interim policy will reduce the L-2 zoning potential, reducing it to one unit per acre. Mr. Markham expressed support for the proposed action; concurred with Councilman Roberts that certain parcels, because of steep slopes, will not be designated as equestrian parcels and would be desirous of preserving the equestrian connection. Viewing this policy as a means to develop the area as was originally intended, Mayor Pro Tem Comerchero expressed his support of the recommendation but concurred with Councilman Roberts that the Planning Commission be given the opportunity to review this interim policy prior to final approval. As a member of the General Plan Community Advisory Committee, Councilman Washington noted that the proposed policy will provide additional flexibility along with providing open space; noted that the Committee was in support of the policy; and concurred that the Planning Commission should be given the opportunity to review the policy. MOTION: Mayor Pro Tem Comerchero moved to forward this item to the Planning Commission for review and that the matter be readdressed by the City Council, within 30 days, for final approval. The motion was seconded by Councilman Stone and the electronic vote reflected unanimous approval. 13 Status Update - Senate Bill 87 (Hollinasworth) (At the request of the entire City Council.) RECOMMENDATION: 13.1 Approve amended language to Senate Bill 87 and urge Senator Hollingsworth and other members of the California legislature to approve SB 87 as amended. As was noted at the last City Council meeting, Mayor Naggar advised that the language submitted by the City with regard to this Senate Bill was accepted by Senator Hollingsworth's office and noted that the proposed action would ratify the amended language. City Attorney Thorson provided clarification of the amended language, advising that with this relinquishment, the City will not have to petition Caltrans for improvements the City may deem as necessary and in the best interest of the citizens' safety with the exception of signals that are in Caltrans jurisdiction. Mr. Sam Pratt, 40470 Brixton Cove, stated that the City of Temecula is not a traffic safe City for its citizens or visitors and that the City has failed to implement an affective Traffic Congestion Plan. R:IMinutesIO31604 6 I In response to pictures shown, in particular the Chaparral High School area picture, by Mr. Pratt, Mayor Pro Tem Comerchero advised that for this reason, the City has made the request to the State to relinquish the State Routes in an effort to make the areas safer. Echoing Mayor Pro Tem Comerchero's comments, Mayor Naggar urged Senator Hollingsworth to move this Bill forward. MOTION: Councilman Washington moved to approve the staff recommendation. The motion was seconded by Councilman Roberts and the electronic vote reflected unanimous approval. Councilman Stone requested that staff provide an update on this Bill within 30 days. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT No additional comments. CITY ATTORNEY'S REPORT With regard to Closed Session, City Attorney Thorson advised that Item Nos. 1 and 2 (real property matters), the City Council provided direction with respect to further negotiation and that with regard to Item No.3 (real property matter), this item will be addressed in Open Session at the April 13, 2004, City Council meeting. I ADJOURNMENT At 8:12 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday, April 13, 2004, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ...... ATTEST: I R;IMinuteslO31604 7