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HomeMy WebLinkAbout072302 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JULY 23, 2002 After the Closed Session that convened at 5:30 P.M., the City Council convened in Open Session at 7:00 P.M., on Tuesday, July 23, 2002, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Councilmembers: Comerchero, Naggar, Pratt, Stone, Roberts Absent: PRELUDE MUSIC Councilmember: None The prelude music was provided by Matthew Fagan. INVOCATION The invocation was given by Pastor David Shirley of Church on the Rock. ALLEGIANCE The flag ceremony was presented by Boy Scout Troop No. 384. PRESENTATIONS/PROCLAMATIONS National Kids Day Proclamation Ms. Michelle Arerrano, Director of the Boys and Girls Club, and Mr. Chuck Washington, Vice Chairman of the Board for the Boys and Girls Club, were in attendance to accept the proclamation from Mayor Roberts. Paramedic Assessment Squad Presentation Fire Chief Windsor introduced the newly hired fire personnel, as follows: Fire Captain/Paramedic Greg Adams, Fire Fighters II/Paramedics Dean Fehler, Ty Davis, Curtis Tate, and Dave Strickler, and Fire Apparatus Engineer/Paramedic Gad Amith; thanked the City Council for its continue support, and welcomed the public to view the new Paramedic Assessment Squad. Special Achievement Award for attaininq Eaqle Scout rank - Aaron Shaw Mayor Roberts presented the Special Achievement Award to Aaron Shaw who, in turn, briefly provided an overview of his Eagle Scout project. PUBLIC COMMENTS A. Commenting on traffic management and enforcement concerns as it relates to the Winchester/Jefferson Roads intersection, Mr. Michael Angel, P.O. Box 893460, advised that the yellow light is too short and, therefore, creates a clearing problem; he suggested that the green light for on-coming traffic be delayed. R:\Minutes\072302 1 Mayor Roberts requested, that City Manager Nelson follow-up on the matter. B. Ms. Anne Cameron, representing Gateway Computers, apprised the City Council and the public of an upcoming community service event to provide free photo identification of children. .CITY COUNCIL REPORT~ A. In light of the recent abduction, Councilman Naggar advised that the City Council has taken proactive measures to support AB 415 (Amber Alert Bill); suggested that the City Council consider the adoption of a resolution of support of AB 415; noted that the City has received a $20,000 grant toward a Reverse 911 System; provided information with regard to the Megan Law information that will be available through the City's Website; stated that more in depth information will be available through the County's database at the Old Town Police Store Front location; noted that the Citizens' Action Patrol will be expanded; and advised that he will be contacting the School Board to determine its process in educating families with regard to this matter. B. Addressing the issue of the City generating/distributing its own electricity, Councilman Pratt relayed his support of this concept. Mr. Pratt commended the Musicians' Workshop on its performance of South Pacific; advised that he has been appointed to the Land Use Committee and commented on his efforts to protect the French Valley Airport; and requested that the City Council agendize the 90-day Emergency Traffic Plan for the meeting of August 13, 2002. C. Advising that he had attended the July 18, 2002, Metrolink Rail Station Groundbreaking Ceremony, Mayor Roberts noted that this facility will function as the main Corona station, accommodating approximately 625 parking spaces and two 680' long concrete passenger loading/unloading platforms and noting the project should be completed by October 25, 2002. Mr. Roberts as well advised that next year the Riverside Transit Authority (RTA) Commuter Bus System will go into affect, providing direct access to the Metrolink by way of the freeway. Commenting on the fatal accident on the south side of Winchester Road (County area), Mayor Roberts advised that 30% of the intersection construction would be the responsibility of the City and the remaining percentage would be the County's responsibility and commented on the County's difficulty in finding funding sources to construct the intersection with signals. D. Commending staff on its efforts associated with the purchase of the second paramedic squad, Mayor Pro Tern Stone advised that the City has its own independent paramedic service which competes with the County provider, advising that the paramedics are trained on needle tracheotomy and that both City squads are equipped with Fire GIS systems. E. Reiterating the City's continued efforts to ensure that infrastructure be developed prior to County development, Councilman Comerchero echoed Mayor Roberts' comment with regard to the Winchester Road (County area) intersection. In addition to Councilman Naggar's comments with regard to the City's proactive measures with regard to informing the public of Megan's Law, Councilman Comerchero encouraged the public to become involved with the Neighborhood Watch Program through the Police Department. In closing, Mr. Comerchero advised that Mayor Roberts and he had been appointed, by Congressman Issa, to the Transportation Advisory Committee. R:\MJnutes\072302 2 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. Approval of Minutes RECOMMENDATION: 2.1 Approve the minutes of June 11,2002, _Resolution Approvin.q List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO, 02-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A .City Treasurer's Statement of Investment Policy RECOMMENDATION: 4.1 Adopt the Treasurer's Statement of Investment PoJicy as proposed by staff which provides safety, liquidity and yield for City funds. Consideration of Cost-Sharinq Aqreement with Save Southwest Riverside County (SSRC) for Consultin Services RECOMMENDATION: 5.1 Approve a Cost-Sharing Agreement with Save Southwest Riverside County (SSRC) for Consulting Services in a matter of the Application of the San Diego Gas & Electric Company for a Certificate of Public Convenience and Necessity for the Valley-Rainbow 500 KV Interconnect Project, in an amount not-to-exceed $25,000. Sister City Monument Dedication In Honor of September 11 RECOMMENDATION: 6.1 Approve the Temecula Duck Pond as the permanent installation location of our Sister City monument "Singing In The Rain" to commemorate the tragedies of September 11,2001. 2 4 5 6 R:\Minutes\072302 3 7 Parcel Map No. 30178, located on the east side of Orsmby Road and north of Santiaq,, Road ' RECOMMENDATION: 7.1 Approve Parcel Map 30178 in conformance with the conditions of approval; 7.2 Approve the Subdivision Improvement Agreement; 7.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. 8 Approval of Cooperative Aqreement with the Temecula Redevelopment Aqency fo~ Construction and Fundinq of the Mercantile Building Se smic Retrofit (Community Theater) - Project PW01-20 ' RECOMMENDATION: 8.1 Approve an Agreement entitled ooperat ve Agreement between the City of Temecula and the Redevelopment Agency of the City of Temecula for construction and funding of the Mercantile Building Seismic Retrofit (Community Theatre) - Project No. PW01-20; 8.2 Authorize the Mayor to execute the Agreement on behalf of the City in substantially the form attached to the Agenda Report. 9 Annual Professional Service A.qreements for Real Estate Appraisal Services for variou:; Capital Improvement Projects for FY 2002-2003 RECOMMENDATION: 9.1 Approve an agreement with Robert Shea Perdue Real Estate Appraisal in an amount not to exceed $30,000 to provide as needed real estate appraisal services; 9.2 Approve an agreement with Mason & Mason Real Estate Appraisers & Consultants in an amount not to exceed $30,000 to provide as needed real estate appraisal services; 9.3 Authorize the Mayor to execute the agreements. 10 Annual Professional Service Aqreements for Geotechnical and Material Testinq Services for various Capital Improvement Projects for FY 2002-200,3 RECOMMENDATION: 10.1 Approve an agreement with EnGEN Public Works Services, LLC in an amount not to exceed $60,000 to provide as needed geotechnical and materials testing services; 10.2 Approve an agreement with Kleinfelder, Inc. in an amount not to exceed $60,000 to provide as needed geotechnical and materials testing services; R:\Minutes\072302 4 10.3 Authorize the Mayor to execute the agreements. 11 Annual Professional Service A.qreements for Enqineerinq and Construction Survey Service~ for various Capital Improvement Proiects for FY 2002-2003 RECOMMENDATION: 11.1 Approve the annual agreement with Kevin Cozad & Associates, Inc. in an amount not to exceed $60,000 to provide as needed engineering and construction survey services; 11.2 Approve the annual agreement With Project Design Consultants in an amount not to exceed $60,000 to provide as needed engineering and construction survey services; 11.3 Authorize the Mayor to execute the agreements. 12 Amendment No. 5 to Professional Services Aqreement - DMJM+HARRIS Pechanq;~ Parkway (formerly known as Pala Road) Improvements - Phase II, Project No. PW99-11 RECOMMENDATION: 12.1 Approve Amendment No. 5 to the Professional Services Agreement with DMJM+HARRIS in the amount of $20,103.75 to provide additional project management and field surveying services, and authorize the Mayor to execute the amendment; 12.2 Authorize the City Manager to approve change orders above the original 10% contingency approved by City Council on November 16, 1999 by an additional 5% (or $28,980.00). 13 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Citywide asphalt Concrete Repairs for FY2002-2003, Proiect No. PW02-0,1 RECOMMENDATION: 13.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Asphalt Concrete Repairs for FY2002-2003, Project No. PW02-04. 14 Resolution of suppod for the passaqe of Measure A on the November, 2002 ballu[ RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 02-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE PASSAGE OF MEASURE A ON THE NOVEMBER, 2002 BALLOT R:\Minutes\072302 5 15 Morgan Hill Proiect Mitiqation Agreement, Approval of Joint Community Facilities Aqreement 15.1 Adopt a resolution entitled: RESOLUTION NO. 02-66 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 16 Second Readinq of Ordinance No. 02-OR RECOMMENDATION: 16.1 Adopt an ordinance entitled: ORDINANCE NO. 02-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF TEMECULA MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1 - 16. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Mayor Pro Tem Stone who abstained with regard to Item Nos. 7 and 8 and Mayor Roberts who abstained with regard to Item No. 2. At 7:39 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 will regular business at 8:19 P.M. PUBLIC HEARING 17 Remove a Condition of Approval on Amendment No. 7 of the Paloma del Sol Specific Plan {Planninq Application No. 02-0299) Recommendation: 17.1 Adopt a resolution entitled: RESOLUTION NO. 02-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REMOVING A CONDITION 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\072302 6 Planning Director Ubnoske reviewed the staff (of record), noting that the existing interim detention basin will remain and that staff recommends removal of Condition No. 7 (the Butterfield Stage Interceptor ultimate improvements shall be built, or the City Council, following a public hearing, determines that significant improvements have occurred in the negotiations for a reasonable compromise, at which time, the Council has authority to issue building permits for Parcel Map No. 29431, Parcel 6 and 7 (Planning Areas 6A and 6B), consisting of 508 multi-family units. The City shall process the request for a public hearing, if needed, as a "no fee" application. [Amended by the City Council, November 9, 1999, and modified by the City Council November 16, 1999J.) At this time, Mayor Roberts opened the public hearing. Having reviewed the staff report, Mr. Sam Alhadeff, 43460 Ridge Park Drive, #270, Temecula, relayed his concurrence with staff's recommendation, noting the following: · That there have been two years of negotiations; · That the last definitive study by the Transportation Department of the County of Riverside (copies provided - dated January 28, 2002) concluded the Coronas' desire to have the Interceptor Channel constructed in such a fashion to protect their entire 160 acres even including property outside of the City of Temecula and Assessment District; · That the necessary funds to complete the improvements are not available; · That there would not be a nexus to the Coronas' request. In response to City Council comments, Mr. Alhadeff responded as follows: · That it would be the position of the County Flood Control District, the County of Riverside, the Transportation Department, and City staff that the interim detention basin (as per Condition No. 40) is working and protecting the property; · That Condition No. 40 may not be removed nor is Newland Communities seeking to remove the condition; that the interim detention basin must remain in place until such time as the Butter[ield Interceptor Channel or some other adequate facility is built to convey offsite storm flows to the Temecula Creek; · That the lawsuit will to trial in late September; · That Assessment District Nos. 159 and 161 surround the City of Temecula and that there would be no dispute with the challenges of the management of these Districts; · That the Coronas are not desirous of the originally designed improvements because it would not protect their entire 160 acres only 19 acres; · That the Coronas are unwilling to place their remaining 140 acres into a new assessment district plus the 19 acres which are currently in the old assessment district; · That the Coronas' property, at present, is not zoned for residential. Mr. Dennis O'Neil, 19900 MacArthur Boulevard, Irvine, representing Newland Communities, advised that he was present to answer questions. Ms. Michele Staples, 4 Park Plaza, 16th Floor, Irvine, representing the Corona Family, noted the following: That Condition No. 7 placed a hold on 508 units until one of two circumstances have been met: either that the Butterfield Stage Interceptor Channel ultimate improvements are built or other significant improvements have occurred in the negotiations for a reasonable compromise; that the purpose of the condition was to ensure that the project does not get built out without construction of the Interceptor facility; that neither of the two circumstances have been met; R:\Minutes\072302 7 · That the Assessment District, after two years of negotiations, has been unable to reach a resolution; · That Condition No. 40 does not mitigate flooding to the Corona Ranch because water runs downhill; that the detention basin is downhill from the Corona property; that new filling of the former drainage area serves as a damn and, thereby, backing water up onto the Corona property and, therefore, it remains in a Flood Control Hazard condition which includes preexisting commercial buildings at the corner of Butterfield Stage Road and Highway 79; · That the recommended action would be retaliation against the Coronas for exercising their First Amendment rights to access the courts and enforce the condition of approval and mitigation measures on the Newland project; · That the Coronas filed litigation in February 2002 and that, thereafter, Newland Communities submitted the application for removal of Condition No. 7; · That the staff report misrepresents the Coronas position; that the Coronas are not desirous for flood protection for their entire property at Newland's expense; that the Coronas' position is if Newland Communities would like a facility on the Corona property, then that facility would need to be sited in a way that it does not interfere with existing agricultural business or future plans to develop the property; that if that were unacceptable to Newland Communities, Newland should place the facility on its own property; · That CEQA, Government Code, City ordinances, and General Plan violations would occur if the condition were deleted. In response to the City Council, Ms. Staples noted the following: · That the nexus to retain this condition would be between the permits withheld and potential flooding of the property; that the parcel map is expressly linked to the condition of the Specific Plan; that the condition of the Specific Plan requires the construction of the Interceptor Channel prior to the development of the downstream properties; · That many downstream properties have already been constructed and that the Interceptor Channel is not in place; that the Specific Plan is out of compliance with the conditions of approval; · That the original condition on the Specific Plan and these parcel maps require Newland Communities to construct the Interceptor facility; That versus denying project approvals, the City Council may choose to impose an additional condition on the project, as a safety net, to attempt to ensure compliance with the condition; · That Newland Communities has not agreed to a culvert facility on Newland property, which would as well relieve flood conditions; · That if a reasonable compromise were not achieved, the 508 units should not be constructed until Newland constructs the Interceptor Channel; · That with regard to litigation, although a Council subcommittee had been formed, no meetings had been scheduled and that the filing deadline for litigation was approaching; that Newland declined to enter into a Tolling agreement (extending time in which a lawsuit may be filed); · That the Coronas are not willing to dedicate their land, business, income to solve this developer's problem; that the Coronas would prefer the construction of a culvert under Butterfield Stage Road and an open channel on Newland's property; that the Coronas have compromised to the construction of a channel on their property as long as it is sited in a way that it does not impact current agriculture business or future development. Mr. Steve Corona, 33320 Highway 79, Temecula, reviewed the amendments to the Paloma del Sol Specific Plan along with a resolution to form a subcommittee (Comerchero and Stone) to address the Butterfield Stage Interceptor Channel, noting that there had been no communication from the subcommittee and, therefore, no other alternative was available but to file a lawsuit. Mr. Corona proceeded with his opinion as to why not to remove the condition, noting the following: R:\Minutes\072302 8 · That Newland Communities is not entitled to use Corona property to meet flood mitigations; · That two alternatives, with the least amount of damages, have been proposed on the Corona property -- a buried box culvert through the middle of the property which was deemed as unfeasible by Flood Control and the eastern facility; · That the facility be built on Newiand property with no benefit to the Coronas; · That there are insufficient monies in the District to build any facility regardless of location; · That in 1999, Newland pledged $3.5 million in additional bonds to build the facility but such funding has to date not been provided; · That the proposed location of the facility was determined by the developer not the Coronas nor AD 159; · That none of the Coronas 165 acres is located within a 100-year flood plane only the portion that has been caused by the filling of the natural basin on Newland property. Mayor Pro Tern Stone relayed his dismay with receiving lengthy packets the night of the meeting, not giving the City Council ample review time. Mr. Stone as well objected to Ms. Staples' retaliation comment, stating that the court will be deciding the outcome in two months and that a drainage facility could have been built on the Corona property but that the Coronas choose to not have the facility on the proposed site. In response to Mayor Pro Tem Stone, Mr. Alhadeff further clarified the Tolling Agreement, commented on Newland's objection to a waiver of rights, and noted the following: · That Newland did not construct Butterfield Stage Road; that the District and the County constructed this road; · That the District/County have recommended that the channel be located on the Corona property to protect the District but that the Coronas are not desirous of having that channel placed on their property because they oppose the construction of an open channel because it would interfere with the farming operation; · That the developer has dedicated property for the detention basin - 33 acres. For the City Councilmembers, Mr. Alhadeff noted the following: · That 19.17 acres of the Corona property is located in the Assessment District and that the proposed channel would be located within those acres; · That the purpose of an Assessment District would be to provide regional infrastructure to ensure devetopment may proceed; · That the Coronas have a deferral agreement with regard to their assessments and that all associated properties have agreed to that agreement; · That the County could have and may at any time exercise the power of eminent domain but have been reluctant to do so because of lawsuit threats; · That on January 28, 2002, the Assessment District and the County issued the Butterfield Stage Road East Interceptor alternatiYe analysis, summaries, and cost estimates; that the analysis was unacceptable to the Coronas because of insufficient funding; · That City Council action this evening will not preclude the court from taking action. There being no additional public input, at 9:17 P.M., Mayor Roberts closed the public hearing. Reiterating that the City Council will not be judge and jury in terms of the proposed Interceptor Channel, Councilman Comerchero noted that the City Council must address public safety; that the 33-acre detention basin provide flood control to the City; that safety concerns are not in question; that the purpose of originally imposing Condition No. 7 was for the purpose of negotiation in order to formulate a resolution; that it was always the City Council's intent to release this condition; and that R:\Minutes\072302 9 the condition should be released at this time considering negotiations were attempted with the involved parties. Concurring with Councilman Comerchero's comments, Mayor Pro Tem Stone noted that, in his opinion, there is no nexus; stated that the Assessment District language is vague; questioned why the Coronas would place 19 acres of their properly into the Assessment District when they are not desirous of having a channel built on their property; and relayed his concurrence with the staff recommendation. Councilman Pratt noted that there would be a nexus in the form of a bond to ensure the channel would be constructed. Being of the opinion that the decision of location of the channel is that of the County and that the County should make this decision, Councilman Naggar reiterated that the City Council's action will not harm the Coronas considering the court will be considering the matter in two months and in light of Condition No. 40 (interim detention basin)'; that flood control measures are in place; that filing the lawsuit renders Condition No. 7 mute, noting that negotiations between the parties have stopped; that there is not a nexus between withholding the 508 units and flood control; and that the City does not have an obligation to preserve the future development of the Corona property beyond its current agricultural use. MOTION: Mayor Pro Tern Stone moved approve the staff recommendation. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Councilman Pratt who opposed. COUNCIL BUSINESS 18 Consideration of Fundinq Mechanism for the Acquisition of Open Space (Placed on the agenda at the request of Councilmember Naggar.) RECOMMENDATION: 18.1 Discuss this matter and provide direction to Staff. Councilman Naggar reviewed the staff report (of record), commenting on Mayor Pro Tem Stone's earlier suggestion that once the $10 million threshold of reserves is met that monies be set aside for the purchase of open space; noting that the City Council had made this commitment in its recent budget approval; and suggesting that the City Council define open space and as well identify possible funding sources. Relaying his desire to acquire open space within the City as well as around the City perimeter while available, Mayor Pro Tem Stone noted that the City's annual contributions to open space will increase; suggested that a Transient Occupancy Tax (TOT) survey be completed to determine the City's position; and recommended that a subcommittee be formed to identify potential open space properties. Concurring with the formulation of a subcommittee, Councilman Comerchero offered to serve on the committee and noted the following: · That it would be critical to define open space as well as define the desired amount of open space (developed parkland, natural habitat, trails, natural park-like setting, etc.); · That future mitigation agreements be considered R:\Minutes\072302 10 That a Transient Occupancy Tax survey should be completed to consider the possibility of raising the tax, noting that this tax is not paid by the City residents but by individuals from outside the City/Region. Commending Councilman Naggar for placing this item on the agenda, Mayor Roberts concurred with the formulation of a subcommittee and relayed his support of the concept. Having previously recommended this concept as a proposed ballot measure, Councilman Pratt relayed his support and as well suggested the consideration of purchasing/annexing buffer parcels such as the wineries to Vail Lake. Reiterating previously made comments, Mayor Pro Tem Stone spoke in support of formulating a subcommittee so that the committee work with staff to define open space as well as the amount and type of open space, methods of purchase, and identification of site. MOTION: Councilman Comerchero moved to form a subcommittee (comprised of Councilman Naggar and Mayor Pro Tem Stone) in order to work with staff 1o formulate an overall policy with regard to the acquisition of open space for City Council review. The motion was seconded by Mayor Roberts and voice vote reflected unanimous approval. DEPARTMENTAL REPORTS None. CITY MANAGER'S REPORT Echoing his support of the formulation of an Open Space Subcommittee, City Manager Nelson expressed his excitement with the project and noted that he would envision citizen support in terms of raising funds for the purchase of open space. CITY A'rrORNEY'S REPORT With regard to the real estate matter, City Attorney Thorson noted that City Council provided direction to staff but that final action would be taken at a public hearing and that there were no other items to report with respect to Closed Session. ADJOURNMENT At 9:51 P.M., the City Council meeting was formally adjourned to Tuesday July 30, 2002, at 6:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California, for the purpose of a Joint City Council of Temecula/City Council of Murrieta Workshop. ,ATTEST: Ron Roberts, Mayor [SE,~b]~ R:\Minutes\072302 11