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HomeMy WebLinkAbout070902 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JULY 9, 2002 After the Closed Session that convened at 6:00 P.M., the City Council convened in Open Session at 7:02 P.M., on Tuesday, July 9, 2002, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present; Absent: PRELUDE MUSIC Councilmembers: Comerchero, Naggar, Pratt, Roberts Councitmember: Stone The prelude music was provided by Erika Weitzeil. INVOCATION The invocation was given by Reverend Larry Koger of Hope Lutheran Church. ALLEGIANCE The flag ceremony was presented by Cub Scout Pack No. 318. PRESENTATIONS/PROCLAMATIONS Ms. Leslie Martinez, Troop Leader for Troop No. 1523, thanked the City Council for its recognition of the girls' achievements and briefly provided an overview of the responsibilities associated with attaining this goal. Mayor Roberts presented Special Achievement Awards to the following girls: Special Achievement Award - Girl Scout Gold Award - Melissa Martinez Special Achievement Award - Girl Scout Gold Award - Cassondra Sepulveda Special Achievement Award - Girl Scout Silver Award - Erin Lyons Special Achievement Award - Girl Scout Silver Award - Shannon Lyons Special Achievement Award - Girl Scout Silver Award - Zulema Sotelo PUBLIC COMMENTS A. Commenting of the interference potential school sites as well as homes will have on the flight pattern of the French Valley Airport, Mr. Chuck Washington, 31205 Kahwea Road, noted that such interference will eliminate the ability to fully utilize the Airport as the economic development tool, as it was designed, for this region and encouraged the City Council and the public to be involved. R:\Minutes\070902 1 B. Mr. Will Rogers, 32124 Corte Camara', addressed his desire to keep the residents' utility rates down. Commenting on information with regard to utility rates that Mr. Rogers had previously forward to him, Councilman Naggar thanked Mr. Rogers for forwarding the information and advised that he had forwarded it to Councilman Comerchero and Assistant City Manager ©'Grady. C. Ms. Kristin Salas, 32750 Vail Creek Drive, advised that the location of the proposed hyper- WaIMart would be behind her residence; commented on the impacts of such a store; noted that the homeowners were not notified by mail of the hearings; and encouraged review of other alternatives that would provide prosperity to the commun'ity without negative impacts. D. Referencing the information sent by a WalMart representative to the City residents, Ms. Michelle Anderson, 4379 Barletta Street, viewed the information as factually challenged and, as well, commented on the negative impacts of such a store. E. Mr. Peter Canellos, 41200 Murrieta Hot Springs Road, Community Affairs Manager for WalMart, advised that a traditional WalMart is being proposed with the option to expand. Mr. Canellos noted that, in his opinion, information being distributed by some individuals is factually incorrect. F. Mr. Anthony de Esposito, 17552 Haze Avenue, Lake Elsinore, WalMart Associate, relayed positive aspects of the company. G. Mr. Mike Lynch, 33106 Fox Road, store manager for the Murrieta WalMart, requested that WalMart be given a fair opportunity to service the residents. H. Ms. Kimberly Mellick, 42275 Wild Mustang Road, Murrieta, WalMart Associate, as well commented on the positive aspects of the company. I. Mr. William Stone, 17140 Bernardo Street, San Diego, Price Legacy, developer of Redhawk Town Center, commented on the amount of incorrect information provided about this project, noting that a market analysis indicated support of a store as proposed; that WalMart would be desirous of being a good neighbor; and that the proposed development will be less intensive than what was originally planned in the original 1988 Environmental Impact Report. J. Mr. Andrew Smith, 36058 Bergen Street, Winchester, apprised the City Council of his desire to start a curb addressing business and requested that the City create a standard so that he may legally operate within the City. CITY COUNCIL REPORTS A. Councilman Naggar commended Community Services Director Parker and the Community Services Department staff on the Fourth of July Festivities and thanked the citizens for their participation. B. Reiterating that the proposed WaIMart location is not within the City's boundaries nor within the purview of the City Council, Councilman Comerchero encouraged those involved to provide factual information to the public. R:\Minutes\070902 2 After extensive meetings, Councilman Comemhero advised that the Board of Directors of the Riverside Transit Agency (RTA) has approved express routes from Temecula to San Diego and from Escondido to Corona. C. Mayor Roberts noted that the Riverside County Transportation Committee (RCTC) may possibly be able to assist RTA with the funding of these routes. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of ail ordinances and resolutions included in the agenda. 2 Approval of Minutes RECOMMENDATION: 2.1 Approve the minutes of May 29, 2002. 3 Resolution Approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 02-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of May 31, 2002. 5 Authorization of Special Tax Levy in Community Facilities District No. 88-12 (Ynez Corridor) RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 02-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) R:\Minutes\070902 3 6 FY 2002-03 Economic Development Operatinq/Marketin.q and Sponsorship A.qreements RECOMMENDATION: 6.1 Approve Operating/Marketing Agreements and authorize the Mayor to execute the following agreements: The Temecula Valley Chamber of Commerce in the amount of $148,000.00; · The Economic Development Corporation of Southwest Riverside County in the amount of $20,000.00; · The Temecula Valley Film Council in the amount of $27,000.00; · The Southwest Riverside County Economic Alliance in the amount of $75,000.00. 6.2 Approve the Sponsorship and Funding Agreement for the Project Kids - Endless Dreams - summer benefit in the amount of $1,500.00 and authorize the Mayor to execute the agreement. (Pulled for separate discussion; see page 7.) 7 FY 2002-03 Desi.qnated Allocations- Community Support Budqet RECOMMENDATION: 7.1 Approve the Sponsorship and Funding Agreement in the amount of $25,000.00 and City-support costs in the amount up to $8,000.00 for the Inland Empire Affiliate of the Susan G. Komen Breast Cancer Foundation - Race for the Cure - event and authorize the Mayor to execute the agreement; 8 7.2 Approve the Funding Agreement in the amount of $15,000.00 for the Circle of SAFE-T Partnership/Rancho Springs Medical Center and authorize the Mayor to execute the agreement; 7.3 Approve the Funding Agreement in the amount of $15,000.00 for Safe Alternatives for Everyone (SAFE) program and authorize the Mayor to execute the agreement. Second Amendment to City Manaqer's Employment Aqreement RECOMMENDATION: 8.1 Approve the second amendment to the City Manager's Employment Agreement. First Amendment to State Lobbyist Contract RECOMMENDATION: 9.1 Approve the first amendment for State lobbying services with the Wilson Group, LLC in the amount of $3,500.00 per month. R:\Minutes\070902 10 David Turch & Associates Contract for Federal Le.qislative Services RECOMMENDATION: 10.1 Approve the contract for Federal legislative services to be provided by David Turch & Associates in the amount $36,000.00. 11 Acceptance of an Irrevocable Offer of Dedication of Grant of Easement for drainaqe purposes within Parcel No. 1 of Parcel Map No. 22554 RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 02-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF EASEMENT FOR DRAINAGE PURPOSES WITHIN PARCEL NO. I OF PARCEL MAP NO. 22554 12 Amendment No. 2 to Construction Contract for fiscal year 2002-2003 Street Stripinq Proqram- Project No. PW01-12 RECOMMENDATION: 12.1 Approve Amendment No. 2 to the Construction Contract with C-18, Inc. for the fiscal year 2002-2003 Street Striping Contract - Project No. PW01-12 for an amount of $225,000.00 and authorize the Mayor to execute the amendment. 13 Amendment No. 3 with West Coast Arboristsl Inc. for renewal of Citywide Tree Trimmin.q Maintenance Contract RECOMMENDATION: 13.1 Approve Amendment No. 3 for the extension of the Citywide Tree Trimming Maintenance Services Contract with West Coast Arborists, Inc. for a period of one year beginning July 1,2002 in an amount of $100,000.00 and authorize the Mayor to execute the contract extension; 13.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $10,000.00 which is equal to 10% of the contract amount. 14 Aqreement for Consultin.q Services between the City of Temecula and PELA RECOMMENDATION: 14.1 Award a contract with PELA for landscape, plancheck, and inspection services in the amount of $75,000.00. R:\Minutes\070902 5 15 Morgan Hill Proiect Mitiqation A.qreement - Approval of Consent to Assiqnment to McMillin Morgan Hill and Approval of Joint Community Facilities Agreement RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 02-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED ASSIGNMENT OF MITIGATION AGREEMENT AND CITY CONSENT BETWEEN THE TR4, L.P. AND MCMILLIN MORGAN HILL, LLC 15.2 Adopt a resolution entitled: RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED JOINT COMMUNITY FACILITIES AGREEMENT AMONG EASTERN MUNICIPAL WATER DISTRICT AND CITY OF TEMECULA AND MCMILLIN MORGAN HILL, LLC (Recommendation 15.1 was approved and 15.2 was continued to the City Council meeting of July 23, 2002.) 16 Aqreement for Weed Abatement Services between the City of Temecula and Rory Rieck and Chuck Maciel's Weed Abatement RECOMMENDATION: 16.1 Approve the contract with Rory Bieck and Chuck Maciel's Weed Abatement for Weed Abatement Services for a total of $15,000.00. 17 A.qreement for Weed Abatement Services between the City of Temecula and A.S.A.P. Services RECOMMENDATION: 17.1 Approve the contract with A.S.A.P. Services for Weed Abatement Services for a total of $15,000.00. MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1 - 5 and 7 - 17 (Consent Calendar Item No. 6 was pulled for separate discussion; see below). The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Mayor Pro Tem Stone who was absent. R:\Minutes\070902 6 CONSENT CALENDAR ITEM CONSIDERED UNDER SEPARATE DISCUSSION 6 FY 2002-03 Economic Development Operating/Marketing and Sponsorship Agreements RECOMMENDATION: 6.1 Approve Operating/Marketing Agreements and authorize the Mayor to execute the following agreements: · The Temecula Valley Chamber Of Commerce in the amount of $148,000.00; · The Economic Development Corporation of Southwest Riverside County in the amount of $20,000.00; · The Temecula Valley Film Council in the amount of $27,000.00; · The Southwest Riverside County Economic Alliance in the amount of $75,000.00. 6.2 Approve the Sponsorship and Funding Agreement for the Project Kids - Endless Dreams - summer benefit in the amount of $1,500.00 and authorize the Mayor to execute the agreement. For Councilman Pratt, Assistant City Manager O'Grady provided clarification as to the marketing services that will be provided as a result of the proposed sponsorship. MOTION: Councilman Comerchero moved to approve Consent Calendar Item No. 6. The motion was seconded by Councilman Pratt and voice vote reflected approval with the exception of Mayor Pro Tern Stone who was absent. At 7:43 P M., the City Council convened as the Temecula Community Services District, the Temecula Redevelopment Agency, and the Winchester Hills Financing Authority. The City Council Meeting resumed will regular business at 7:48 P.M. PUBLIC HEARING 18 Modifications of Conditions of Approval for Amendment No. 7 of the Paloma del Sol Specific Plan and the Conditions of Approval for revised Vestinq Tentative Tract Map No. 24182 (Planninq Application No. 02-0299) RECOMMENDATION: 18.1 Adopt one of the following resolutions entitled: RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MODIFYING THE CONDITIONS OF APPROVAL FOR AMENDMENT NO. 7 OF THE PALOMA DEL SOL SPECIFIC PLAN ALSO KNOWN AS PLANNING APPLICATION NO. 99-0285 (PLANNING APPLICATION NO. 02-0299) R:\Minutes\070902 7 OR RESOLUT'ION NO. 02-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REJECTING THE REQUEST BY NEWLAND COMMUNITIES TO MODIFY THE CONDITIONS OF APPROVAL FOR AMENDMENT NO. 7 OF THE PALOMA DEL SOL SPECIFIC PLAN ALSO KNOWN AS PLANNING APPLICATION NO. 99-0285 (PLANNING APPLICATION NO. 02-0299) 18.2 Adopt one of the following resolutions: RESOI'UTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MODIFYING THE CONDITIONS OF APPROVAL FOR REVISED VESTING TENTATIVE TRACT MAP NO. 24182 ALSO KNOWN AS PLANNING APPLICATION NO. 96-0258 (PLANNING APPLICATION NO. 02-0299) OR RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REJECTING THE REQUEST BY NEWLAND COMMUNITIES TO MODIFY THE CONDITIONS OF APPROVAL FOR REVISED VESTING TENTATIVE TRACT MAP NO. 24182 ALSO KNOWN AS PLANNING APPLICATION NO. 96-0258 (PLANNING APPLICATION NO. 02-0299) Mayor Roberts opened the public hearing. MOTION: Councilman Comerchero moved to continue this item to the July 23, 2002, City Council meeting. The motion was seconded by Councilman Naggar and voice vote reflected approval with the exception of Mayor Pro Tem Stone who was absent. COUNCIL BUSINESS 19 City Alcohol Requlations RECOMMENDATION: 19.1 Receive and file. Deputy City Manager Thornhill provided an overview of the staff report (of record), noting that the proposed modifications will provide the City the opportunity to create a tighter control over the process of new businesses selling alcohol products. For Councilman Naggar, City Attorney noted that the existing Development Code does not need to be amended, noting that the requirement of a Conditional Use Permit should resolve the identified problems. R:\Minutes\070902 8 Although Deputy City Manager Thornhill noted that the proposed modifications are primarily intended for off-premise sale/consumption of alcohol, Councilman Naggar requested that staff address the matter to ensure that no undue measures are imposed on restaurant uses. Suggesting that staff inform all League of California cities of the City's situation, Councilman Comerchero recommended that action be taken at a State level to further ensure resolution. MOTION: Councilman Naggar moved to receive and file the report and directed staff to provide information to the League of California cities in order to further address issues at the State level. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Mayor Pro Tem Stone who was absent. CITY MANAGER'S REPORT City Manager Nelson thanked the City Counbil for its renewal of his employment agreement. CITY A'I'fORNEY'S REPORT City Attorney Thorson noted that there were no reportable items to report. ADJOURNMENT At 7:59 P.M., the City Council meeting was formally adjourned to Tuesday July 17, 2002, at 6:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California, for the purpose of a Joint Council/Planning Commission Workshop. A'ITI:EsT: (" S~u,.sa~r~:W. I~ ,es, CMC [SET~]' Ron Roberts, Mayor R:\Minutes\070902 9