HomeMy WebLinkAbout051303 CC MinutesMINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
MAY 13, 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, May 13, 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 Amanda Madrid.
INVOCATION
The invocation was given by Bishop Frazier of Rock of Faith.
ALLEGIANCE
The flag ceremony was presented by Mayor Pro Tem Naggar.
PRESENTATION/PROCLAMATIONS
Arts in the Country Proclamation
Ms. Stankovich, Ms. Ferrer, and Mr. Moore were in attendance to accept the proclamation with Ms.
Ferrer and Mr. Moore providing additional information as to the upcoming events.
Relay for Life Proclamation
On behalf of the Relay for Life Committee, Ms. Murray and Ms. Mejia accepted the proclamation
and thanked the City Council for its support and advised that the event will take place on Saturday,
May 31,2003.
Balloon and Wine Festival Proclamation
Introducing the Board of Directors, Mr. Joe Santosl CEO of the Temecula Valley Balloon and Wine
Festival Association, and Ms. Popejoy-Hime, General Manager of the Association, thanked the City
Council for its support and the proclamation; highlighted the upcoming events of June 6-8, 2003;
and advised that active military personnel will receive a 50% discount on Sunday.
PUBLIC COMMENTS
A. Commenting on the upcoming Memorial Day Holiday, Mr. Wayne Hall, 42131 Agena Road,
representing the Veterans of Foreign Wars, informed and invited the public to attend the yearly
honoring ceremony at the cemetery off Santiago Road on May 26, 2003, at 11:00 A.M.
B. Ms. Lorena Spencer, 43104 Agenda Road, reiterated her concern as to the lack of public
visibility for her business on Fifth Street in Old Town.
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CITY COUNCILREPORTS
A. Having met with American Red Cross representatives, Councilman Roberts advised that
because of decreasing contributions, the City's local Red Cross office would be closed, as of
June, unless financial assistance will be provided and, therefore, requested that the item be
considered at the upcoming Budget Workshop.
Mr. Roberts noted that the Southern California Association of Governments and the San
Diego Association of Governments (both regional transportation planning agencies) have met
to discuss regional transportation issues; that another meeting has been set for six months; and
that he will keep the Council apprised.
B. Councilman Pratt supported Councilman Roberts' concern with regard to regard Red
Cross.
Advising that the second Community Open Forum had met at Rancho Vista Sports Park,
Mr. Pratt noted that topics of discussion included building coordination and annexation.
C. Advising of a letter sent to the Attorney General by Mayor Stone and himself with regard
to broadening internet accessibility as it relates to Megan's Law, Mayor Pro Tern Naggar noted
that no changes have been proposed in current law; advised that another letter would be sent to
reiterate the City's desire to change current law to ensure a broader scope of internet
accessibility; and noted that Senator Hollingsworth will be sponsoring legislation to support the
City's goal.
D. Echoing Councilman Roberts' concern with regard to the Red Cross, Councilman
Comerchero relayed his support. Mr. Comerchero advised that in September 2003, Riverside
Transit Authority will be addressing the City's internal bus route and noted that Councilman
Roberts and he will be in Sacramento this week with regard to the State Budget.
E. Advising that Supervisor Buster was in attendance for the Redhawk Annexation, Mayor
Stone welcomed Supervisor Buster to the City Council meeting; informed the public that
because of District realignment, Supervisor Buster, as of January 1, 2004, will no longer be
representing the City; and commended Supervisor Buster for his efforts and support associated
with this annexation.
CONSENT CALENDAR
Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motionto waivethereading ofthete~ ofallordinances and resolutionsincludedin
the agenda.
2 Approval of Minutes recommendation:
RECOMMENDATION:
2.1 Approve the minutes of April 8, 2003.
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3 Resolution Approving List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 03- 39
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 March 31, 2003.
5 Approval of the Pacific Profiles Aqreement
RECOMMENDATION:
5.1 Approve the agreement for consultant services with Pacific Profiles to conduct
Dynamics in Leadership Training Academies for the mid-management staff.
(This item was pulled for separate discussion; see page 11.)
6 Meadows Village Development Plan (PA02-0273) - Conditional Use Permit (PA02-0274)
RECOMMENDATION:
6.1 Adopt a resolution entitled:
RESOLUTION NO. 03-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING PLANNING APPLICATION NO. PA02-
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 AND KNOWN AS ASSESSORS PARCEL NO. 954-
030-001
6.2 Adopt a resolution entitled:
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RESOLUTION NO. 03-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING PLANNING APPLICATION NO. PA02-
0274, A CONDITIONAL USE PERMIT TO OPERATE A DRIVE
THROUGH AT A 13,217 SQUARE FOOT DRUG STORE, AND
TO PERMIT THE SALE OF ALCOHOL AT A 48,427 SQUARE
FOOT GROCERY STORE AND AT A 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
7 Community Grant Agreement with the Temecula Sister City Association
RECOMMENDATION;
7.1 Approve a grant in the amount of $10,000.00 for the Temecula Sister City
Association for fiscal year 2002-2003.
8 Purchase and Sale Agreement for the Roripau,qh Ranch Open Space
RECOMMENDATION:
8.1 Adopt a resolution entitled:
RESOLUTION NO. 03-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS AND AUTHORIZE THE CITY
MANAGER TO RECORD A DEED RESTRICTION AS
REQUIRED BY ASSESSMENT DISTRICT (AD) 161 MULTIPLE
SPECIES SUB-AREA HABITAT CONSERVATION PLAN FOR
CERTAIN REAL PROPERTY DESCRIBED AS THE 201-ACRE
RORIPAUGH RANCH OPEN SPACE PROPERTY IN THE CITY
OF TEMECULA
(This item was pulled for separate discussion; see page 11.)
9 Award of contract to update the Citywide Desig¢~ Guidelines
RECOMMENDATION:
9.1 Award a contract to RRM Design Group in the amount of $70,245.00 to update the
Design Guidelines.
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10 Tract Map No. 29353-1 (located south of Murrieta Hot Springs Road and west of the
Metropolitan Water District Fee Right of Way within the Plateau Area of the Roripaugh
Ranch Specific Plan
RECOMMENDATION:
10.1 Approve Tract Map No. 29353-1 in conformance with the conditions of approval;
10.2 Approvethe Subdivision Improvement Agreement;
10.3 Approve the Subdivision Monument Agreement and accept the Faithful
Performance Bond, Labor and Material Bond, and Monument Bond as security for
the agreements.
11 Acceptance of an Easement for Public Utility and Drainaqe Purposes together with the riqht
of ingress and egress for Emerqency vehicles within Tract Map No. 23371-1 (located
north of Rancho California Road, east of Margarita Road, west of Meadows Parkway,
south of La Serena Way, and within the Margarita Villaqe Specific Plan No. 199 - Temeku
Hills Subdivision
RECOMMENDATION:
11.1 Adopt a resolution entitled:
RESOLUTION NO. 03-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING AN EASEMENT FOR PUBLIC
UTILITY AND DRAINAGE PURPOSES TOGETHER WITH THE
RIGHT OF INGRESS AND EGRESS FOR EMERGENCY
VEHICLES LOCATED WITHIN TRACT MAP NO. 23371-1
12 Acceptance of an Easement for Public Utility and Drainaqe Purposes together with the right
of ingress and egress for Emergency vehicles and other easements for Public Utility and
Drainage Purposes within Tract Map No. 23371-2 (located north of Rancho California
Road1 east of Marqarita Road1 west of Meadows Parkway1 south of La Serena Way1 and
within the Margarita Village Specific Plan No. 199 - Temeku Hills Subdivision
RECOMMENDATION:
12.1 Adopt a resolution entitled:
RESOLUTION NO. 03-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING AN EASEMENT FOR PUBLIC
UTILITY AND DRAINAGE PURPOSES TOGETHER WITH THE
RIGHT OF INGRESS AND EGRESS FOR EMERGENCY
VEHICLES AND OTHER EASEMENTS FOR PUBLIC UTILITY
AND DRAINAGE PURPOSES LOCATED WITHIN TRACT MAP
NO. 23371-2
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13 Acceptance of an Easement for Public Utility and Drainaqe Purposes to.qether with the riqht
of ingress and egress for Emerqency vehicles and other Easement for Public Utility and
Drainage Purposes within Tract Map No. 23371-5 (located north of Rancho California
Road, east of Margarita Road, west of Meadows Parkway, south of La Serena Way, and
within the Margarita Village Specific Plan No. 199 -Temeku Hills Subdivision
RECOMMENDATION:
13.1 Adopt a resolution entitled:
RESOLUTION NO. 03-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING AN EASEMENT FOR PUBLIC
UTILITY AND DRAINAGE PURPOSES TOGETHER WITH THE
RIGHT OF INGRESS AND EGRESS FOR EMERGENCY
VEHICLES AND OTHER EASEMENTS FOR PUBLIC UTILITY
AND DRAINAGE PURPOSES LOCATED WITHIN TRACT MAP
NO. 23371-5
14 Subdivision Improvement Aqreement and Bonds for Tract Map No. 29639 Harveston Offsite
Improvements - Winchester Road Widenin.q at 1-15 Southbound Off-ramp affecting
Jefferson Avenue
RECOMMENDATION:
14.1 Accept the Subdivision Improvement Agreement for the offsite improvements
required of the Harveston Project developer - Lennar Communities;
14.2 Accept the Subdivision Faithful Performance and Labor and Materials Bond as
security for the improvements and as a source for claims against labor and
materials, respectively;
14.3 Direct the City Clerk to so advise the developer and surety.
15 Acceptance of certain Public Streets into the City-Maintained Street System within Parcel
Map No. 26488 (located north of La Serena Way, east of Calle Medusa, south of Nicolas
Road, and west of Butterfield Staqe Road)
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO, 03-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO
THE CITY-MAINTAINED STREET SYSTEM (WITHIN PARCEL
NO. 26488)
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16 Acceptance of certain Public Streets into the City-Maintained Street System within Tract
Map No. 21821 {located north of Via Nortel east of Winchester Road, south of Nicolas
Road, and west of Butterfield StaRe Road within the Meadowview Area)
RECOMMENDATION:
16.1 Adopt a resolution entitled:
RESOLUTION NO. 03-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO
THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT
NO. 21821)
17 Acceptance of certain Public Streets into the City-Maintained Street System within Tract
Map No. 23143-2 (located north of De Portola Road, east of Butterfield Sta.qe Road, south
of Pauba Road, and west of City limits)
RECOMMENDATION:
17.1 Adopt a resolution entitled:
RESOLUTION NO. 03-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO
THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT
NO. 23143-2)
18 Acceptance of certain Public Streets into the City-Maintained Street System within Tract
Map No. 23143-4 {located north of De Portola Road, east of Butter[ield Staqe Road, south
of Pauba Road, and west of City limits)
RECOMMENDATION:
18.1 Adopt a resolution entitled:
RESOLUTION NO. 03-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO
THE CITY-MAINTAINED STREET SYSTEM (WITHIN PARCEL
NO. 23143-4)
19 Acceptance of certain Public Streets into the City-Maintained Street System within Tract
Map No. 24182-2 (located north of Hiqhway 79 North, east of Meadows Parkway, south of
De Portola Road, and west of Butterfield Sta.oe Road)
RECOMMENDATION:
19.1 Adopt a resolution entitled:
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RESOLUTION NO. 03-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO
THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT
MAP NO. 24182-2)
20 Acceptance of certain Public Streets into the City-Maintained Street System within Tract
Map No. 28503 (located north of La Serena Way, east of Marqarita Road, south of Nicolas
Road, and west of Butterfield Staqe Road)
RECOMMENDATION:
20.1 Adopt a resolution entitled:
RESOLUTION NO. 03-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO
THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT
MAP NO. 28503)
21 Acceptance of certain Public Streets into the City-Maintained Street System within Tract
Map No. 28850 (located north of Rancho California Road, east of Ynez Road, south of
Mar.qarita Road, and west of Meadows Parkway)
RECOMMENDATION:
21.1 Adopt a resolution entitled:
RESOLUTION NO. 03-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO
THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT
MAP NO 2885O)
22 Amendment No. 1 of the Annual Aqreement for Professional Real Estate Appraisal Services
with Mason & Mason Real Estate Appraisers
RECOMMENDATION:
22.1 Approve Amendment No. 1 to the Annual Agreement for Professional Real Estate
Appraisal Services between the City and Mason & Mason Real Estate Appraisers,
dated July 23, 2002, by increasing the cumulative annual amount by $15,450.
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23 Award of Construction Contract for the Slurry Seal Project - FY2002/2003 - Project No.
PW03-02
RECOMMENDATION:
23.1 Award a construction contract for the Slurry Seal Project - FY2002/2003 to
Sudhakar Company International, Inc. in the amount of $276,108.55 and authorize
the Mayor to execute the contract;
23.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $27,610.86 which is equal to 10% of the contract amount.
24 Award of Construction Contract for the Citywide Concrete Repairs - FY2002/2003 - Project
No. PW03-03
RECOMMENDATION:
24.1 Award a construction for the Citywide Concrete Repairs - FY2002/2003, Project
No. PW03-03 to Malton Construction in the amount of $58,327.50 and authorize the
Mayor to execute the contract;
24.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of 5,837.50 which is equal to 10% of the contract amount.
25 Professional Services A.qreement for Geotechnical and Material Testinq Services and
Special Inspection - Kleinfelder, Inc. - Rancho California Road Bridge Wideninq over
Murrieta Creek - Project No. PW99-18
RECOMMENDATION:
25.1 Approve an agreement with Kleinfelder, Inc. in an amount not to exceed $80,328.00
to provide as needed geotechnical, material testing services, and special inspection
for the Rancho California Road Bridge Widening over Murrieta Creek Improvements
- Project No. PW99-18 - and authorize the Mayor to execute the agreement;
25.2 Authorize the City Manager to approve amendments to the agreement not to exceed
the contingency amount of $8,032.80 which is equal to 10% of the agreement
amount.
(This item was pulled for separate discussion; see page 12.)
26 Professional Services Agreement with TY Lin International for Construction Support for the
Rancho California Road Bridqe Wideninq over Murrieta Creek - Project No. PW99-18
RECOMMENDATION:
26.1
Approve a Professional Services Agreement with TY Lin International in an amount
not to exceed $40,385.00 for construction support for the Rancho California Road
Bridge Widening over Murrieta Creek - Project No. PW99-18 - and authorize the
Mayor to execute the contract;
26.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $4,038.50 which is equal to 10% of the agreement amount.
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(This item was pulled for separate discussion; see page 12.)
27 Solicitation of Construction Bids for Pechanqa Parkway - Phase IIA - Storm Drain
Improvements - Project No. PW99-11 SD
RECOMMENDATION:
27.1 Approve the project plans and specifications and authorize the Department of Public
Works to solicit bids for the construction of the Pechanga Parkway - Phase IIA -
Storm Drain Improvements - Project No. PW99-11SD.
28 Approval of Plans and Specifications and Authorization to solicit Construction Bids for the
Pavement Rehabilitation Program 2002-2003 Rancho California Road - Project No.
PW02-13
RECOMMENDATION:
28.1
Approve the Construction Plans and Specifications and authorize the Department of
Public Works to solicit construction bids for the Pavement Rehabilitation Program
2002-03 Rancho California Road- Project No. PW02-13.
(This item was pulled for separate discussion; see pages 12-13.)
29 Rancho California Road Wideninq and Median Modifications East of Ynez Road - Project
No. PW00-20 - Environmental Assessment and authorization to solicit bids
RECOMMENDATION:
29.1 Adopt a resolution entitled:
RESOLUTION NO. 03-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A NEGATIVE DECLARATION FOR
THE RANCHO CALIFORNIA ROAD WIDENING AND MEDIAN
MODIFICATIONS EAST OF YNEZ ROAD PROJECT PW00-20
29.2 Approve the Project Plans and Specifications and authorize the Department of
Public Works to solicit bids for the Rancho California Road Widening and Median
Modifications east of Ynez Road - Project No. PW00-20
29.3 Approve the Project Plans and Specifications and authorize the Department of
Public Works to solicit bids for the Rancho California Road Widening and Median
Modifications East of Ynez Road, ProjeCt No. PW00-20.
MOTION: Councilman Comerchero moved to approve Consent Calendar Item Nos. 1-4, 6-7,
9-24, 27, and 29 (Item Nos. 5, 8, 25, 26, and 28 were pulled for separate discussion). The
motion was seconded by Mayor Pro Tem Naggar and voice vote reflected unanimous approval.
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CONSENT CALENDAR ITEMS CONSIDERED UNDER SEPARATE DISCUSSION
5 Approval of the Pacific Profiles Aqreement
RECOMMENDATION:
5.1
Approve the agreement for consultant services with Pacific Profiles to conduct
Dynamics in Leadership Training Academies for the mid-management staff.
Assistant to the City Manager Yates provided an overview of the staff report (of record), further
clarifying the specifics of the cost.
MOTION: Councilman Comerchero moved to approve Consent Calendar Item No. 5. The
motion was seconded by Mayor Pro Tem Naggar and voice vote unanimous reflected approval.
8 Purchase and Sale Aqreement for the Roripau.qh Ranch Open Space
RECOMMENDATION:
8.1 Adopt a resolution entitled:
RESOLUTION NO. 03-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS AND AUTHORIZE THE CITY
MANAGER TO RECORD A DEED RESTRICTION AS
REQUIRED BY ASSESSMENT DISTRICT (AD) 161 MULTIPLE
SPECIES SUB-AREA HABITAT CONSERVATION PLAN FOR
CERTAIN REAL PROPERTY DESCRIBED AS THE 201-ACRE
RORIPAUGH RANCH OPEN SPACE PROPERTY IN THE CITY
OF TEMECULA
Speaking in support of this item, Mayor Pro Tem Naggar advised that he had pulled this item in
order to apprise the community that as a result of City efforts with the developer and the Fish
and Wildlife Agency, the Fish and Wildlife Agency has approved the City to take ownership of
201 acres of open space in the Roripaugh Ranch ama.
City Attorney Thorson noted that Exhibit C-3 must be amended to reflect that the developer will
pay $439,298.00 to the Center for Natural Lands Management for maintaining the area prior to
recordation of the Deed.
MOTION: Mayor Pro Tem Naggar moved to approve Consent Calendar Item No. 8, as
amended. The motion was seconded by Councilman Comerchero and voice vote unanimous
reflected approval.
Consent Calendar Item Nos. 25 and 26 were considered together.
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25
Professional Services A.qreement for Geotechnical and Material Testinq Services and
Special Inspection - Kleinfelder, Inc. - Rancho California Road Bridqe Wideninq over
Murrieta Creek - Project No. PW99-18
RECOMMENDATION:
25.1
Approve an agreement with Kleinfelder, Inc. in an amount not to exceed
$80,328.00 to provide as needed geotechnical, material testing services, and
special inspection for the Rancho California Road Bridge Widening over Murrieta
Creek Improvements - Project No. PW99-18 - and authorize the Mayor to
execute the agreement;
25.2
Authorize the City Manager to approve amendments to the agreement not to
exceed the contingency amount of $8,032.80 which is equal to 10% of the
agreement amount.
26
Professional Services Agreement with TY Lin International for Construction Support for
the Rancho California Road Bridge Widenir~q over Murrieta Creek - Project No. PW99-
1_.~8
RECOMMENDATION:
26.1
Approve a Professional Services Agreement with TY Lin International in an
amount not to exceed $40,385.00 for construction support for the Rancho
California Road Bridge Widening over Murrieta Creek - Project No. PW99-18 -
and authorize the Mayor to execute the contract;
26.2
Authorize the City Manager to approve change orders not to exceed the
contingency amount of $4,038.50 which is equal to 10% of the agreement
amount.
Being of the opinion that all new construction of roads and bridges should be stopped until
citizens are satisfied that every avenue of traffic mitigation to protect the citizens has been
thoroughly researched and effective measures are in place, Councilman Pratt relayed his
opposition to these items.
Councilman Comerchero relayed his support of the proposed improvements.
MOTION: Councilman Roberts moved to approve Consent Calendar Item Nos. 25 and 26. The
motion was seconded by CounCilman Comerchero and voice vote approval with the exception
of Councilman Pratt who voted n._~o.
28
Approval of Plans and Specifications and Authorization to solicit Construction Bids for
the Pavement Rehabilitation Proqram 2002-2003 Rancho California Road - Project No.
PW02-13
RECOMMENDATION:
28.1 Approve the Construction Plans and Specifications and authorize the Department
of Public Works to solicit construction bids for the Pavement Rehabilitation
Program 2002-03 Rancho California Road - Project No. PW02-13.
Public Works Director Hughes reviewed the staff report (of record).
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MOTION: Councilman Comerchero moved to approve Consent Calendar Item No. 28. The
motion was seconded by Mayor Pro Tem Naggar and voice vote unanimous reflected approval.
At 7:53 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 8:13 P.M.
The following Council Business item was considered out of order.
COUNCIL BUSINESS
33 Redhawk Annexation Aqreement
RECOMMENDATION:
33.1 Approve in substantial form the Redhawk Annexation Agreement No. 1 between
the County of Riverside and the City of Temecula.
Reviewing the staff report (as per agenda material), City Manager Nelson noted the following:
· That the City would agree to initiate the annexation process for Redhawk with a target
date of July 1, 2005;
· That the County would agree to pay the City $2.8 million prior to this effective date --
$2.1 million for median and road improvements along SR 79 and $700,000 for parks,
street lighting, and slope maintenance;
· That this payment would more than offset what it would cost the City to provide those
services;
· That once the developer is fully reimbursed for the commercial conversion of the historic
buildings, in an amount not to exceed $3.0 million, the City would then receive 100% of
the sales tax revenues.
In closing, City Manager Nelson thanked Supervisor Buster and Assistant Stahovich for their
assistance and efforts associated with the development of this proposal.
Complimenting the City Council and the City on its flexibility and its farsightedness, Supervisor
Buster expressed his support to this logical annexation.
Mayor Stone expressed appreciation to Supervisor Buster for his years of service.
For Mayor Stone, City Manager Nelson advised that a March of 2004 Election would be
anticipated for the proposed annexation.
Thanking the City Council and City staff for their efforts associated with the proposed
annexation, Mr. Paul Runkle, 32070 Corte Bonilio, provided a brief overview of efforts
undertaken within the Redhawk community to ensure support of the annexation and noted that if
it were possible, an annexation in the year 2004 versus 2005 would be greatly appreciated.
The following individuals spoke in support of the proposed annexation:
· Mr. Ken Bodenhoefer
· Ms. Sara Balder
· Ms. Barbara Wilder
· Mr. Mark Jones
45834 Code Carmello
33325 Barrington Road
28560 Via Santa Rosa
29379 Rancho California Road, No. 206
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Owner of Avalon Management Company
The above-mentioned individuals spoke in support of the annexation for the following reasons:
· That the annexation is vital to the health and safety of the children
· That the Redhawk community is currently a good neighbor, commenting on its support
and contributions to Rainbow Valley Interchange Project
· That Redhawk is a financially stable community and a well-maintained community.
Commending those directly involved in the process to attain a successful annexation,
Councilman Comerchero welcomed the Redhawk Community to the City of Temecula.
Relaying his support of the proposed annexation, Councilman Roberts thanked Supervisor
Buster and Assistant Stahovich for their association with the annexation and noted that
Supervisor Buster's City representation will be missed.
Commending the Redhawk Community on its contributions to the Rainbow Valley Interchange
Project, Mayor Pro Tem Naggar noted that the Avalon Management Company has well
managed this community; thanked Supervisor Buster and Assistant Stahovich for their City
representation; and concluded that the annexation of Redhawk further accentuate an already
premier City and welcomed those residents to the City.
Councilman Pratt echoed his fellow Councilmembers' comments.
Appreciating the efforts of Supervisor Buster and Stahovich as it relates to this annexation,
Mayor Stone expressed his support of the annexation and advised that the Annexation
Subcommittee (comprised of Mayor Stone and Mayor Pro Tem Naggar) and City staff are of the
opinion that the residents should become beneficiaries, contingent upon a successful March
2004 Election, of certain City services as early as July 1, 2004, noting the following:
· Provide the highest level of public safety through the Faster Ambulance Service in
Temecula (F.A.S.T.) Program
· Waive non-resident fees for any park and recreation facilities
· Designate a park in Redhawk, at no cost, t0'provide the Summer Months Activities and
Recreation in Temecula (S.M.A.R.T.) Program.
Commending Mr. Runkle on his efforts associated with this process, Mayor Stone congratulated
the Redhawk residents on finally being able to derive City benefits from its contributions.
Councilman Comerchero relayed his support of the Subcommittee's recommendation to provide
certain City services, contingent upon a successful election, prior to the July 1, 2005,
annexation date.
MOTION: Councilman Comerchero moved to approve the staff recommendation with the
addition of providing certain City services (as noted above), contingent upon a successful March
2004 Election, as early as July 1,2004. The motion was seconded by Councilman Roberts and
voice vote reflected unanimous approval.
At this time, the City Council returned to the regular agenda order.
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PUBLIC HEARING
30 Planninq Application No. 02-0567 - Ed.qe Nightclub Appeal
(continued from March 25 and April 22, 2003)
RECOMMENDATION:
30.1 Continue to the May 27, 2003 City Council meeting.
Deputy City Manager Thornhill noted that a continuance is being requested.
MOTION: Mayor Pro Tern Naggar moved to continue the public hearing to May 27, 2003. The
motion was seconded by Councilman Pratt and voice vote reflected unanimous approval.
31 Development Code Amendment (Planning Application No. 03-0109
RECOMMENDATION:
31.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 03-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA
MUNICIPAL CODE TO CLARIFY THE PROCEDURES FOR
MODIFYING APPROVED PERMITS, TO CREATE PROVISIONS
TO ALLOW FOR PLANNED RESIDENTIAL DEVELOPMENTS,
TO MAKE OTHER MINOR CHANGES, AND PROVIDE FOR THE
READOPTION OF PLANNED DEVELOPMENT OVERLAY NOS.
5 AND 6 (PLANNING APPLICATION 03-0109)
Principal Planner Hogan presented the staff report (of record), reiterating that the protection of
open space areas, in perpetuity, both during and after construction, will be required.
To address Mayor Pro Tem Naggar's concern with regard to Planned Residential Developments
(PRDs), Principal Planner Hogan noted the following:
· That because of site constraints, the proposal would allow reasonable development on
property and at the same time, would require the retention of open space area
· That the total site density, as per the General Plan, would not change; that it would only
create flexibility as to the location of the density on the site.
Although in general support of PRDs, Mayor Pro Tem Naggar expressed concern with the
proposed change, allowing an iindividual the ability to build on a lot which originally would not
permitted intense development because of site constraints and that as a result of the proposed
change, the density would be solely concentrated on a smaller buildable portion of the lot. He,
therefore, requested that criteria/design guidelines be established for PRDs.
At this time, the public hearing was opened.
Councilman Roberts echoed Mayor Pro Tem Naggar's comment/concern.
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City Attorney Thorson introduced the ordinance and read it by title only.
MOTION: Mayor Pro Tem Naggar moved to adopt the ordinance with the deletion of Sections 6
and 7 which reference Planned Residential Developments. The motion was seconded by
Councilman Comerchero and voice vote reflected unanimous approval.
32 Issuance of Bonds by the California Statewide Communities Development Authority for the
Temecula Heritage Park Senior Livinq Senior Housing Project
RECOMMENDATION:
32.1 Adopt a resolution entitled:
RESOLUTION NO. 03-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE ISSUANCE OF MULTIFAMILY
HOUSING REVENUE BONDS BY THE CALIFORNIA
STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY
Redevelopment and Housing Director Meyer reviewed the staff report (as per agenda material),
Mr. John Bigley, representing Heritage Community Housing, 1740 East Garry Avenue, Santa
Ana, confirmed that by the City Council approving the requested action, the Council would not
be approving the project nor committing to any financial responsibility; that the approval would
merely provide the applicant the ability to put together a full project package for City Council
review/consideration at a later date.
Not clear as to the City's financial expectations, Councilman Comerchero relayed his preference
for a continuance.
MOTION; Councilman Comerchero moved to continue this item for 30 days. This motion died
for the lack of a second.
For Mayor Pro Tem Naggar, Redevelopment and Housing Director Meyer advised that the
applicant has submitted a package to the City but that it is not part of a formal Agency
application; that the Agency has received no direction to support the proposed project; that
based on recently adopted State law, the Agency is limited to the number of senior housing
projects it may support based on proportionality to the number of seniors living in the
community; that an analysis was completed; that with the senior housing project on Pujol Street,
the Agency, in staff's opinion, has exceeded its limit and, therefore, has not entertained
partnering with this project.
City Attorney Thorson, for Mayor Pro Tem Naggar, advised that under Federal Law, the
applicant is required to have a public hearing before the City Council and that the bonds would
be issued by the California Statewide Communities Development Authority, not the City or
Agency.
Considering the status of the State Budget, Councilman Roberts noted that current Agency
monies along with other funds may not be available in the future.
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For Mayor Stone, City Attorney Thorson further commented on Section No. 2 of the proposed
resolution which clarifies the recommended action and noted that City Council approval of the
recommended action would not, in any way, bind the City.
Reiterating that the City Council's approval of the requested action would not financially commit
the City nor would it approve the project, Mr. Bigley noted that the approval would permit the
needed time to create a project package; that the application may be withdrawn at a later date
without penalty; that this TEFRA hearing must be held within 30 days of the application date
(May 16, 2003); and that a continuance would void the project and eliminate the applicant the
ability to present this project to this City Council.
MOTION: Councilman Roberts moved to continue this item for 30 days. The motion was
seconded by Councilman Comerchero. (This moti.on ultimately failed by a roll call vote; see
below.)
Viewing this request as the applicant's ability to lay the ground work for this project and to
submit, at a future date, an application with the City, Mayor Stone commented on the need for
senior housing in the proposed area and, therefore, relayed his support of the recommendation.
Considering the budget constraints for senior housing and considering the approval of the
request would not bind the City, Councilman Pratt relayed his support of the recommendation in
order for the applicant to have the ability to proceed.
Councilman Roberts reiterated his preference for a continuance.
Although not having reviewed the proposed project, Mayor Pro Tern Naggar noted that because
the City will not be committed to this project, he would willing to support the requested
recommendation.
At this time, a roll call vote of the previously made motion (see above) reflected denial of the
motion.
MOTION: Councilman Pratt moved to approve the staff recommendation. The motion was
seconded by Mayor Stone and roll call vote reflected approval of the motion, as follows:
AYES:
Naggar, Pratt, Stone
NOES:
Comerchero, Roberts
ABSENT: None
COUNCIL BUSINESS
33 Redhawk Annexation Aqreement
RECOMMENDATION:
33.1 Approve in substantial form the Redhawk Annexation Agreement No. 1 between the
County of Riverside and the City of Temecula.
(Previously discussed; see pages 13-14.)
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34 Citrus Vineyard Policy Area Proposed Up Zoninq (Callaway)
(at the request of Mayor Stone)
RECOMMENDATION:
34.1 Provide direction to staff for further action.
Speaking on behalf of the Temecula Valley Winegrowers Association, Mr. Roberto Ponte,
40500 Camino Del Vino, advised of the Association's support of maintaining the current density
and thanked Supervisor Buster, other winegrowers, and City Councilmembers on efforts in
preserving the wine country.
In an effort to ensure the long-term survival of the wine country, Mayor Stone suggested that the
Association explore the possibility of annexation into the City of Temecula.
Councilman Pratt advised that the possibility of annexing the wine country into the City had
been discussed at one of his Open Forums.
Mr. Ponte, for Councilman Pratt, relayed his preference to ensure zoning that makes sense for
the area of discussion and noted his opposition to clustering homes and, thereby, eliminating
agriculture.
For Councilman Roberts, Mr. Ponte noted that the Association has a working relationship with
the County; that the County has upheld the zone in its RCIP process; and that there has been
discussion of expanding the zone.
Presenting copies of a letter sent to the Board of Supervisors from the Citizens Alliance for
Reliable Enterprise, Ms. Maryann Edwards, 42913 Calle Londe, expressed the Alliance's desire
to retain the 'current zone.
Mr. Dennis Frank, 37820 Spring Valley Road, President and CEO of the Economic
Development Corporation of Southwest Riverside County, further commented on the support to
retain the current designated zoning of the wine country and noted that any zone change would
be detrimental to the surrounding areas' natural and economic assets. In closing, Mr. Frank
relayed his appreciation to Supervisor Buster and the City Council for its position to preserve the
current zoning.
Mr. Joseph Santos, CEO of the Temecula Balloon and Wine Festival, 24041 Cambria Lane,
further commented on the desire to retain the current zoning, noting the potential economic
impacts if changes were made.
On behalf of the Chamber of Commerce, Mr. Ron Bradley, 30348 Via Canada, referenced a
letter of support to retain the existing zone for the wine country.
Mayor Stone, echoed by Councilman Comerchero, reiterated the City's willingness to ensure
the preservation and protection of the wine country.
MOTION: Councilman Comerchero moved to direct staff to explore options, within the City's
jurisdiction, to ensure the preservation of the wine country and that if the Temecula Valley
Winegrowers Association were desirous of an annexation, that the matter be explored and
forwarded to the City Council for consideration. The motion was seconded by Councilman
Comerchero and voice vote reflected unanimous approval.
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Mayor Pro Tern Naggar further commented on his support of retaining the existing zone and
commented on the negative impacts on this community and the region if a change were made.
CITY MANAGER'S REPORT
City Manager Nelson commended and thanked Senior Planner Naaseh for his efforts
associated with the Roripaugh Ranch acquisition and as well relayed appreciation to City
Attorney Thorson and Assistant City Attorney Curley for their efforts associated with this project.
CITY A'rrORNEY'S REPORT
With regard to Closed Session, City Attorney Thorson noted that with respect to Item No. 2
(right-of-way acquisition with respect to the Winchester Road Corridor from Ynez Road to
Margarita Road), the City Council had set a fair market value and that offers will be made to the
appropriate property owners.
ADJOURNMENT
At 9:50 P.M., the City Council meeting was formally adjourned to an adjourned regular meeting
on Thursday, May 15, 2003, at 5:30 P.M., in the City Council Chambers, 43200 Business Park
Drive, Temecula, California for the purpose of a Budget Workshop. The next regular City
Council meeting will be on May 27, 2003, at 7:00 P.M.
ATTEST:
effrey E. Stone, Mayor
[SEAL]
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