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Home My WebLink About042203 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL APRIL 22, 2003 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, March 25, 2003, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Absent: PRELUDE MUSIC Councilmembers: Comerchero, Naggar, Pratt, Roberts, Stone Councilmember: None ' The prelude music was provided by Madge and Churck Griffing. INVOCATION The invocation was given by Pastor Ron Bolt of People's Church of the Valley. ALLEGIANCE The flag ceremony was presented by Councilman Comerchero. PRESENTATION/PROCLAMATIONS Water Awareness Month Proclamation Accepting the proclamation, Ms. Melanie Nieman, Director of Community Involvement for Eastern Municipal Water District, and Ms. Donna Powers, Public Information Specialist of Rancho California Water District, extended their al~preciation for the proclamation and invited the Council and the public to the Community Water Festival on Saturday, May 3, 2003, at the Promenade Mall. Mental Health Month Proclamation In the absence of Ms. Joann Moore, Mental Health Board Member, Pastor Bolt accepted the proclamation. Certificates of Achievement to the Queen's Team, Shannon Jorqenson, and Effie Hornin.q Extending their appreciation to the City Council for the recognition, Ms. Jorgenson and Ms. Homing accepted the Certificates of Achievement. Certificate of Achievement to Arul Sanqani for winninq the 26th Annual Riverside County Arul Sangani accepted the Certificate of Achievement and apprised the City Council that he will be attending the National Spelling Bee in Washington, D.C. on May 28 and 29, 2003. R:\Minutes\042203 1 Certificate of Achievement for attaininq EaRle Scout A Certificate was presented to Zachary Duvall. PUBLIC COMMENTS A. Thanking the City Council for its continued support, Ms. Kathy Katz, 35125 Calle Nopal, representing the Temecula Valley Garden Club, invited the Council and the public to the Flower/Plant Sale on Saturday, April 26, 2003, at the Senior Center, noting that all proceed will be donated to the School District gardens. She also advised that the Rose Society will be hosting a function at the Recreation Center the following weekend. B. Ms. Beverlee Stuart-Borok, 30476 Milano Road, President of the Temecula Valley Genealogical Society, invited the public to the Townhall Genealogical Open House on Monday, April 28, 2003, at 5:45 P.M. to 8:45 P.M., in the Community Room at the Temecula Library. CITY COUNCIL REPORTS A. Commending Community Services Director Parker and his staff on their expediency in coordinating the Military Dependents Support Day, Councilman Comerchero thanked the Community Services Department on a delightful event. B. In honor of the Pechanga Band Indian Tribe welcoming??? The Ogranj into the Indian Trust and be a part of the reservation, Councilman Comerchero suggest that the City sponsor a commenorative event to express its support of the Pechanga's efforts and accomplishments. C. Councilman Roberts thanked Pastor Bolt for an inspirational invocation. D, Encouraging participation at his Community Forums, Councilman Pratt addressed various topics of discussion at these forums and advised of upcoming Forums and its locations. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption I~rocedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of March 18, 2003; 2.2 Approve the minutes of March 25, 2003. 3 Resolution Approvinq List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: R:\Minutes\042203 RESOLUTION NO. 03-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 First Amendment to the Van Dorpe Chou Associates, Inc. Contract RECOMMENDATION: 4.1 Approve First Amendment to the Cons~Jltant Contract with Van Dorpe Chou Associates, Inc. for the amount of $8,305.00 and authorize the Mayor to execute the amendment. Solicitation of Construction Bids and approval of the Plans and Specifications for Proiect No. PW03-04 - Installation of Battery Back-up System for Traffic Signals Utilizinq LED Modules - Citywide RECOMMENDATION: 5.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for Project No. PW03-04 - Installation of Battery Back-up Systems for Traffic Signals Utilizing LED Modules - Citywide. Aqreement between City of Temecula and Iron Wok Restaurant RECOMMENDATION: 6.1 Execute an agreement between the City of Temecula and Iron Wok Restaurant, which stipulates the conditions for construction of an outdoor patio. 6.2 Adopt a resolution entitled: RESOLUTION NO. 03-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT WITH THE CITY OF TEMECULA AFFECTING REAL PROPERTY" BETWEEN THE CITY OF TEMECULA AND THE IRON WOK RESTAURANT 7 Award of Construction Contract for the Rancho California Road Bridqe Wideninq over Murrieta Creek Proiect- Proiect No. PW99-18- Approve Staff Recommendation (4-1-0, Councilmember Pratt in opposition) JC/MN RECOMMENDATION: 7.1 Award a construction contract for the Rancho California Road Bridge Widening over Murrieta Creek Project to MCM Construction, Inc. in the amount of $3,994,119.00 and authorize the Mayor to execute the contract; R:\Minutes\042203 3 7.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $399,411.90, which is equal to 10% of the contract amount. (Councilman Pratt advised that he would be voting no with regard to this item.) Tract Map No. 23209 - Amendment No.1 to Subdivision A.qreement RECOMMENDATION: 8.1 Approve Amendment No. 1 to the Subdivision Improvement Agreement with Shea Homes for Tract Map No. 23209 Offsit~ Improvements. 9 Contractor Pre-Qualifications for the Community Theater Project - Project No. PW02-23 RECOMMENDATION: 9.1 Authorize the Department of Public Works to solicit and prequalify contractors to perform the work required for the Community Theater Project- Project No. PW02- 23. . MOTION: Councilman Comerchero moved to approve Consent Calendar Item Nos. 1-6 and 8- 9 (Item No. 7 was pulled for separate discussion). The motion was seconded by Mayor Pro Tem Naggar and voice vote reflected unanimous approval. CONSENT CALENDAR ITEM NO. 7 CONSIDERED UNDER SEPARATE DISCUSSION 7 Award of Construction Contract for the Rancho California Road Bridqe Wideninq over Murrieta Creek Proiect - Project No. PW99-18 - Approve Staff Recommendation (4-1-0, Councilmember Pratt in opposition) JC/MN RECOMMENDATION: 7.1 Award a construction contract for the F~ancho California Road Bridge Widening over Murrieta Creek Project to MCM Construction, Inc. in the amount of $3,994,119.00 and authorize the Mayor to execute the contract; 7.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $399,411.90, which is equal to 10% of the contract amount. Advising that a staff report would not be necessary, Councilman Pratt advised that he would not be voting in support of this item. MOTION: Councilman Comerchero moved to approve Consent Calendar Item No. 7. The motion was seconded by Councilman Roberts and voice vote reflected approval with the exception of Councilman Pratt who voted n_9o. R:\Minutes\042203 4 At 7:35 M., the City Council convened as the Temecula Community Services District, the Temecula Redevelopment Agency, and the Temecula Public Financing Authority, the City Council meeting, after a short recess, resumed with regular business at 8:00 P.M. PUBLIC HEARING 10 Appeal of the Planning Commission's decision to deny Planninq Application No. 02-0567, a request for a findinq of Public Convenience or Necessity and a Minor Conditional Use Permit to operate a nightclub to include a type 48 liquor license, live music, dancin.q, and other entertainment uses as outlined in the submitted statement of operations in a 4,860 square foot existin.q buildin.q located at 28822 Old Town Front Street, Unit No. 203 - The Edge Nightclub (Continued from the meeting of March 25, 2003) - Approve Staff Recommendation (5-0-0) MN/JC RECOMMENDATION: 10.1 Continue the public hearing to the meeting of May 13, 2003. 11 Meadows Villaqe General Plan Amendment (PA02-0272); Specific Plan Amendment (PA02- 0271 ); Development Plan (PA02-0273); Conditional Use Permit (PA02-0274) (Continued from the meeting of April 8, 2003) - Denial of project and request to staff to bring back two resolutions to address Development Plan and Conditional Use Permit, on consent calendar of 5/13/03 (5-0-0) MN/JC RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE 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, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD AND EAST OF MEADOWS PARKWAY AND KNOWN AS ASSESSORS PARCEL NO. 954-030- 001 11.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 03- AN ORDINANCE OF THE CI'FY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 02-0272, A GENERAL PLAN AMENDMENT TO AMEND THE GENERAL R:\Minutes\042203 5 PLAN LAND USE DESIGNATION FROM NEIGHBORHOOD COMMERCIAL TO COMMUNITY COMMERCIAL, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD AND EAST OF MEADOWS PARKWAY AND KNOWN AS ASSESSORS PARCEL NO. 954-030-001 11.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 03- A ORDINANCE OF THE CITY' COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 02-0271, A SPECIFIC PLAN AMENDMENT FOR THE MARGARITA VILLAGE SPECIFIC PLAN TO AMEND THE LAND USE DESIGNATION OF PLANNING AREA 19 FROM NEIGHBORHOOD COMMERCIAL TO COMMUNITY COMMERCIAL AND AMENDING THE TEXT WITHIN THE SPECIFIC PLAN, FOR PROPERTY GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD AND EAST OF MEADOWS PARKWAY AND KNOWN AS ASSESSORS PARCEL NO. 954-030-001 11.4 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 02-0273, A DEVELOPMENT PLAN FOR THE DESIGN, CONSTRUCTION AND OPERATION OF A 48,372 SQUARE FOOT GROCERY STORE, A 13,217 SQUARE FOOT DRUG STORE, A 11,571 SQUARE FOOT RETAIL BUILDING, A 10,568 SQUARE FOOT SHOP BUILDING AND A 9,603 SQUARE FOOT RETAIL BUILDING, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD AND EAST OF MEADOWS PARKWAY AI~D KNOWN AS ASSESSORS PARCEL NO. 954-030-001 11.5 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CERTAIN PORTIONS OF PLANNING APPLICATION NO. 02-0274, A CONDITIONAL USE PERMIT TO PERMIT THE SALE OF ALCOHOL AT A 48,372 SQUARE FOOT GROCERY STORE AND AT A 13,217 SQUARE FOOT DRUG STORE; AND DENYING THAT PORTION OF PLANNING APPLICATION NO. 02-0274, WHICH WOULD ESTABLISH A DRIVE- THROUGH LANE AT THE 13,217 SQUARE FOOT DRUG STORE, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD AND EAST OF MEADOWS PARKWAY AND KNOWN AS ASSESSORS PARCEL NO. 954-030-001 COUNCIL BUSINESS R:\Minutes\042203 6 12 Desiqnation of Votinq Deleqate for a Special Meetinq of the Leaque of California Cities General Assembly - Designate Councilmember Roberts as voting delegate and Councilmemb y7omerchero as alternate (5-0-0) JC/MN RECOMMENDATION: 12.1 Designate a voting delegate and an alternate. DEPARTMENTAL REPORTS CITY MANAGER'S REPORT No additional comment. CITY ATrORNEY'S REPORT With regard to Closed Session, City Attorney Thorsen noted that there were ne reportable actions. ADJOURNMENT At 7:42 P.M., the City Council meeting was formally adjourned to Tuesday, April 22, 2003, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Jeff-~:~r.~Ston e, Mayor R:\Minutes\042203 7