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HomeMy WebLinkAbout112508 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL NOVEMBER 25, 2008 ' There being no Closed Session, the City Council convened its regular meeting at 7:00 p.m. on Tuesday, November 25, 2008, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Council Members: Comerchero, Edwards, Roberts, Washington, Naggar Absent: Council Members: None PRELUDE MUSIC The prelude music was provided by the Eve Craig INVOCATION The invocation was provided by Pastor Bob Branch of Springs Community Church PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Council Member Roberts ' PUBLIC COMMENT A. Mr. P.T. Rothchild, Temecula, sang a song to the City Council that was written by song writer Larry Robinson. CITY COUNCIL REPORTS A. Council Member Washington encouraged residents to donate to the Temecula Food Pantry on Pujol Street. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the test of all ordinances and resolutions included in the agenda. R:Vvlinutes\112508 2 List of Demands r_ RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 08-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 General Liability Insurance Renewal RECOMMENDATION: 3.1 Approve the insurance policy renewal for general and excess liability insurance with St. Paul Travelers Companies, Inc. and Princeton Excess & Surplus Lines Insurance Company, in the amount $207,403, for the period of December 1, 2008 through December 1, 2009. Item No. 4 was pulled for separate discussion; see page 4 and 5. 4 Proposed Southern California Edison's Triton Substation (at the request of Council Member Roberts RECOMMENDATION: 4.1 Receive and file the information presented. RECOMMENDATION: 5.1 Approve the Second Amendment to the Associates in the amount of $14,000 Environmental Impact Report for the Planning Application Number PA07-0335. Agreement with Environmental Science for the completion of the Supplemental Mercedes Benz Automobile Dealership. 6 Procurement of ShoreTel Phone System - Civic Center RECOMMENDATION: 6.1 Approve the purchase of ShoreTel Phone equipment for the total amount of $128,906, which includes shipping and applicable sales tax; 6.2 Authorize the City Manager to approve contract change orders not to exceed the contingency amount of $12,890, which is equal to 10% of the contract amount. RAMinutes\112508 7 RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 08-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION TRANSPORTATION EXPENDITURE PLAN 8 Southern California Edison and Time Warner Cable Easements within Margarita Park RECOMMENDATION: 8.1 Grant an Easement to Southern California Edison for construction, operation, and maintenance of facilities within Margarita Park; 8.2 Grant an Easement to Time Warner Cable for construction, operation, and maintenance of facilities within Margarita Park. 9 Bicycle Transportation Account (BTA) - Cooperative Work Agreement (CWA) RECOMMENDATION: ' 9.1 Adopt a resolution entitled: RESOLUTION NO. 08-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO APPROVE THE COOPERATIVE WORK AGREEMENT EXTENSION REQUEST OF THE LOCAL AGENCY-STATE AGREEMENT FOR THE 200612007 BICYCLE TRANSPORTATION ACCOUNT PROJECT KNOWN AS THE SANTA GERTRUDIS CREEK BICYCLE TRAIL EXTENSION AND INTERCONNECT Item No. 10 was pulled for separate discussion; see page 4. 10 RECOMMENDATION: 10.1 Approve the Professional Engineering Services Agreement with Hall & Foreman, Inc., for an Alignment Study and Design for the Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect, Project No. PW08-04, in the amount of $246,865; I10.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $24,686.50, which is equal to 10% of the agreement amount. R:\Minutes\112508 11 Second Readinq of Ordinance No. 08-12 ' RECOMMENDATION: 11.1 Adopt an Ordinance entitled: ORDINANCE NO. 08-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING REGULATIONS APPLICABLE TO MASSAGE SERVICES, AND AMENDING TITLE 5 OF THE TEMECULA MUNICIPAL CODE MOTION: Council Member Comerchero moved to approve the Consent Calendar with the exception of Item Nos. 4 and 10 being pulled for separate discussion (see pages 4 and 5). Council Member Roberts seconded the motion and electronic vote reflected approval with the exception of Mayor Naggar and Council Member Washington abstained with regard to a check written to Parks & Obherhansley relative to Item No. 2. CONSENT CALENDAR ITEMS CONSIDERED UNDER SEPARATE DISCUSSION 10 RECOMMENDATION: 10.3 Approve the Professional Engineering Services Agreement with Hall & Foreman, ' Inc., for an Alignment Study and Design for the Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect, Project No. PW08-04, in the amount of $246,865; 10.4 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $24,686.50, which is equal to 10% of the agreement amount. Director of Public Works Hughes provided a brief staff report of (record). MOTION: Mayor Naggar moved to approve Item No. 10. Council Member Washington seconded the motion and electronic vote reflected unanimous approval. Due to a conflict of interest, City Manager Nelson recused himself from the dais. 4 Proposed Southern California Edison's Triton Substation (at the reauest of Council Member RECOMMENDATION: 4.1 Receive and file the information presented. Director of Planning Ubnoske provided a staff report (of record), highlighting the main ' components of the staff report: • Project Description • Regional Location R:UNinutes\112508 • Site Location • Transmission Poles • Photos - Existing and Simulation ' A. Mr. Viet Tran, representing Southern California Edison, advised that Southern California Edison has met with the officials of the Airport Land Use Commission and that the proposed project would be consistent with the Airport Land Use Commission's design guidelines; met with adjacent property owners and made them aware of the changes, noting that the nine wooden poles will be removed and replaced with five-tubular steel poles on Nicolas Road, and two steel poles on Calle Medusa; stated that landscaping will also be added to improve the aesthetics of the project; and relayed that he will be working with staff and residents to ensure that the process is as open and transparent as possible. RECOMMENDATION: B. With respect to the Airport Land Use Commission, Mr. Jerry Silva, Project Manager representing Southern California Edison, relayed that Southern California would be in full compliance with all Conditions of Approval and design guidelines. It was the consensus of the City Council to receive and file this report. At 7:25 p.m., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:28 p.m., the City Council resumed with regular business. At this time, City Manager Nelson returned to the dais. PUBLIC HEARING ' 17 Proposed Development Code Amendment to define full service hotels, revise the intensity bonus justification requirements, add new parking standards for full service hotels and allow for tandem parking spaces when valet service is provided at a full service hotel 17.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE CITY OF TEMECULA MUNICIPAL CODE TO DEFINE FULL SERVICE HOTELS, REVISE THE INTENSITY BONUS JUSTIFICATION REQUIREMENTS FOR FULL SERVICE HOTELS WHOSE INTENSITY OF DEVELOPMENT EXCEEDS THE TARGET FLOOR AREA RATIO ALLOWED IN THE ZONE, ADD NEW PARKING STANDARDS FOR FULL SERVICE HOTELS, AND ADD PROVISIONS TO ALLOW FOR TANDEM PARKING SPACES FOR FULL SERVICE HOTELS WHEN VALET SERVICE IS PROVIDED (LONG RANGE PLANNING APPLICATION NO. LR08-0045) R:1Minutes\112508 Case Planner Innes, by way of PowerPoint Presentation, highlighted the main components of staff report, as follows: ' • Project Description • Definition • Density Bonus Requirements • Parking Ratio • Planning Commission Recommendations • Tandem Parking • Environmental Determination For the City Council, Case Planner Innes stated that tandem parking space would be two cars parking in one spot, one behind the other. At this time the public hearing was opened and due to no speakers, it was closed. At this time, Assistant City Attorney Curley introduced and read by title only Ordinance No. 08- 13. MOTION: Council Member Roberts moved to approve staff recommendation. Council Member Comerchero seconded the motion and electronic vote reflected unanimous approval. 18 AB 1600 Financial Reports RECOMMENDATION: ' 18.1 Approve the AB 1600 Financial Reports. Director of Finance Roberts provided a staff report (of record). At this time, the public hearing was opened and due to no speakers, it was closed. MOTION: Council Member Washington moved to approve staff recommendation. Council Member Comerchero seconded the motion and electronic vote reflected unanimous approval. RAMinutes\112508 6 CITY COUNCIL BUSINESS ' 19 Consideration of Adoption of Resolution of Necessity for the Acquisition by Eminent Domain of Certain Real Property Interests for Public Purposes in Connection with the City's Proposed Pechanga Parkway Storm Drain Improvements - Environmental Mitigation (Project No. PW99-11 EM) RECOMMENDATION: 19.1 Consider the following Resolution, which is a Resolution of Necessity of the City of Temecula: RESOLUTION NO. 08-106 A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE PECHANGA PARKWAY STORM DRAIN IMPROVEMENTS - ENVIRONMENTAL MITIGATION (PROJECT NO. PW99-11 EM) 19.2 Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from staff the evidence stated and referred to in this Agenda Report ("Report"), take testimony from any person wishing to be heard on issues A, B, C, and D below, and consider all evidence to determine whether to adopt the proposed Resolution of Necessity. ' If the City Council finds, based on the evidence contained and referred to in this Report, the testimony and comments received at this hearing, and all written testimony submitted to the City Council, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then City staff recommends, that the City Council, in the exercise of its discretion: 19.3 Adopt proposed Resolution No. 08-_ (which requires a 4/5ths vote of the entire Council) and authorize the City Attorney's office to file eminent domain proceedings to acquire the following real property interests from the real property, which is a vacant lot located along the northern side of Temecula Creek, including a portion of the floodway, east of Jedediah Smith Road in the City of Temecula, California, identified as Riverside County Tax Assessor's Parcel Number 961-010-076: An approximate 74,251 square foot (1.70 acre) permanent conservation easement, which is described on the portion of Exhibit "A" to the attached proposed Resolution of Necessity labeled "Parcel A Conservation Easement" and is depicted on Exhibit "B" to the Resolution of Necessity labeled "Conservation Easement"; • An approximate 25,007 (0.58 acre) square foot grading easement, which is described on the portion of Exhibit "A" to the attached proposed Resolution of Necessity labeled "Parcel B Grading Easement" and is depicted on Exhibit "C" to the Resolution of Necessity labeled "Grading Easement"; R:\Minutes\112508 An approximate 22,648 (0.52 acre) square foot accesstwater line easement, which is described on the portion of Exhibit "A" to the attached proposed Resolution of Necessity labeled "Parcel C Access and Water Line Easement" and is depicted on Exhibit "D" to the Resolution of Necessity labeled "Access and Water Line Easement". These real property interests are referred to below collectively as "Subject Property Interests" and are described more particularly in the Exhibits attached to the Resolution of Necessity. The Resolution of Necessity and its Exhibits "A", "B", "C" and "D" are attached hereto and incorporated herein by this reference; 19.4 Authorize the City Attorney's office and City staff to file and prosecute eminent domain proceedings and to take all necessary steps to deposit $30,250 with the Court, the amount of probable compensation, as required by law for issuance of an Order for Prejudgment Possession; 19.5 Authorize the City Manager to execute all necessary documents. Deputy Director of Public Works Butler provided a staff report (of record), advising that no Fairy Shrimp was located at this location and advised that the intent, at this time, would be to establish high water flow into the area, and that staff would be confident that if a deep channel is established, occasional flows will be able to be conducted. The hearing was opened at this time. ' Although Mayor Naggar and Council Member Washington represent the Higher Education Ad Hoc Subcommittee, Assistant City Attorney Curley advised that they would not have a conflict of interest with the proposed project. A. Referencing a letter distributed to the City Council, Mr. Nathan Gam, representing Orchard Temecula - owner of the property of issue, objected to the following three findings: that the public interest and necessity do not require the proposed project; that the proposed project is not planned or located in a manner that would be most compatible with the least private injury; and that the monetary compensation offer made by the City to acquire the property would not satisfy the requirements of the Government Code; and that Borchard Temecula entertained the concept of selling all of the mitigation area to the City of Temecula. Adding some clarification, Director of Public Works Hughes stated that the area of issue was not arbitrarily chosen by City staff; that it was chosen by a biologist that works with Fish and Game; that there were specific issues that led to the determination that this property was needed for the mitigation; that with respect to the least amount of private injury, the location of issue would have the least amount of impact compared to the adjacent surroundings; that the property in question was properly appraised; that the appraisers are required to contact the property owners prior to establishing their reports and evaluations that were presented to the City; that if there were a dispute on the evaluation, it would be disputed in court; that the court would establish the final value; that the property in question would be a distinct component of the storm drain in the street improvement project; and that the City would not have been able to accomplish the storm drain nor the street improvement project without adequately mitigating all environmental impacts. ' With respect to the law, Assistant City Attorney Curley advised that the City would have to submit a valid appraisal offer; that whether or not the property owner disputes the appraisal, it R:wlinutes\112508 would be the role of the court to make the final decision, not the City Council; and that the City Council's role would be to make the findings as indicated by staff. MOTION: Council Member Roberts moved to approve Item No. 19.1 through 19.5. Council Member Washington seconded the motion and electronic vote reflected unanimous approval. 20 PW06-111 RECOMMENDATION: 20.1 Consider the following Resolution, which is a Resolution of Necessity of the City of Temecula: RESOLUTION NO. 08-107 A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE PECHANGA PARKWAY - DUAL TURN LANES FROM TEMECULA PARKWAY (PROJECT NO. PW06-11) 20.2 Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from staff the evidence stated and referred to in this Agenda Report ("Report"), take testimony from any person wishing to be heard on issues A, B, C, and D below, and consider all evidence to determine whether to adopt the proposed Resolution of Necessity. If the City Council finds, based on the evidence contained and referred to in this Report, the testimony and comments received at this hearing, and all written testimony submitted to the City Council, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then City staff recommends that the City Council, in the exercise of its discretion: 20.3 Adopt proposed Resolution No. 08- - (which requires a 4/5ths vote of the entire Council) and authorize the City Attorney's office to file eminent domain proceedings to acquire the following real property interests from the real property, which is a vacant lot located at the southwest corner of Pechanga Parkway and Temecula Parkway in Temecula, California, identified as Riverside County Tax Assessor's Parcel Numbers 961-010-072 and 961-010-073: An approximate 2,978 square foot permanent easement for public street purposes, which is described on Exhibit "A" to the proposed Resolution of Necessity labeled "Legal Description for Dedication of Right-Of-Way" and is depicted on Exhibit "B" labeled "Dedication of Right of Way"; • An approximate 2,774 square foot slope easement to support the adjacent public roadway that will revert back to the property owner after construction of the Project in the manner proposed, which is described on Exhibit "A-1" to the proposed Resolution of Necessity labeled "Legal Description for Slope Easement" and is depicted on Exhibit "B-1" labeled "Slope Easement"; RAMinutes\112508 • An approximate 3,004 square foot temporary construction easement with a term of eighteen (18) months to facilitate construction of the Project, which is ' described on Exhibit "A-2" to the proposed Resolution of Necessity labeled "Legal Description for Temporary Construction Easement" and depicted on Exhibit "B-2" labeled "Temporary Construction Easement". These real property interests are referred to below collectively as "Subject Property Interests" and are described more particularly in the Exhibits attached to the Resolution of Necessity. The proposed Resolution of Necessity and its Exhibits "A", "B", "A-1", "B-1", "A-2" and "B-2" are attached hereto and incorporated herein by this reference. 20.4 Authorize the City Attorney's office and City staff to file and prosecute eminent domain proceedings and to take all necessary steps to deposit $120,000 with the Court, the amount of probable compensation, as required by law for issuance of an Order for Prejudgment Possession; 20.5 Authorize the City Manager to execute all necessary documents. Deputy Director of Public Works Butler provided a staff report (of record). Although traffic impacts are created by Pechanga Casino, Director of Public Works Hughes stated that there would also be a public necessity created by the residential subdivisions south of Pechanga Parkway and the Temecula corridor; that if the City cannot provide the capacity for the intersection to operate efficiently, it will impact the public's travel through the intersections. Referencing staffs report, Assistant City Attorney Curley advised that Item B of the four findings would indicate that the project plan would be located in the most compatible area with the greatest public good and least private injury; that it would discuss and address that the planning and design that went into the project would be to improve the efficiency of the roadway. Director of Public Works Hughes also added that it would be the requirement of the appraiser to review any potential severance damage to the remaining parcel which was part of the appraisal process. At this time the hearing was opened. A. Opposing the findings indicated by Deputy Director of Public Works Butler, Mr. Nathan Gam, representing Temecula Orchard, noted a concern with the finding with respect to the fiber optic and its lack of a recorded easement. With respect to the recordation of the fiber optic concern, Council Member Comerchero noted that it would be his opinion that it would be the buyer's responsibility to perform due diligence with regard to recordation. For Mayor Naggar, Mr. Garn is requesting that the turn lanes be considered with the fiber optic line. At this time, the hearing was closed. The City Council relayed its position with respect to Mr. Gam's issues and noted its support of moving the project forward. R: V Ainutes\112508 10 MOTION: Council Member Washington moved to approve 20.1 through Item No. 20.5. Council Member Comerchero seconded the motion and electronic vote reflected unanimous approval. ' CITY MANAGER REPORT Thanking the Pechanga Tribe, City Manager Nelson advised that through the Indian Gaming SDF Funds the acquisitions and improvements to the double rights off Temecula Parkway to Pechanga Parkway were funded and relayed his appreciation of the established relationship between the City and the Pechanga Tribe. With respect to the Pechanga Tribe, Council Member Washington thanked Council Member Roberts for his efforts in representing the City of Temecula. CITY ATTORNEY REPORT City Attorney Curley advised that there was no report at this time and wished the City Council a Happy Thanksgiving. ADJOURNMENT At 8:35 p.m. the City Council meeting was formally adjourned to Tuesday, December 9, 2008, at 5:30 p.m. for a Closed Session, with regular session commencing at 6:00 p.m. City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Susan poes, MMC City Cl yk [SEAL] Michael S. Naggar, NI-ayor R:\Minutes\112508 11