Loading...
HomeMy WebLinkAbout052703 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MAY 27, 2O03 After the Closed Session that convened at 6:15 P.M., the City Council convened in Open Session at 7:00 P.M., on Tuesday, May 27, 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 Nicole Choi. INVOCATION The invocation was given by Pastor W.M. Rench of Calvary Baptist Church of Temecula. ALLEGIANCE The flag ceremony was presented by Councilman Pratt. PRESENTATION/PROCLAMATIONS CAPIO/CALED/International Communicator Awards Presentation by Councilman Comerchero Apprising the Council and the viewing public of the following awards the City has received, Councilman Comemhero commended staff and consultants on a job well done: · Award of Distinction for the City's Tourism CD Ram · Award of Merit for the City's Tourism CD Ram · Second Place Award for the Innovations Category · Award for the placement of Megan's Law Pin Maps on the City's Website PUBLIC COMMENTS A. With regard to the Johnson Ranch Propeyty, Ms. Nancy Mize, 32850 Vista Del Monte, relayed her support of the City's effort to jointly work with the County to create a Master Plan for this open space area. B. As a resident living on SR 79 South, Mr. George Di Leo, 32871 Rovato Street, commented on speeding concerns/bad driving habits, noting that such actions continue to increase with the increasing growth in this community. Mayor Pro Tem apprised Mr. Di Leo that the City is proceeding with efforts to seek approval from Caltrans to control SR 79 South as well as Winchester Road. For Mr. Di Leo, Councilman Roberts noted that the approval of the existing homes on SR 79 South came from the County, not the City. R:\Minutes\052703 1 C. Readdressing her concern with the lack of visibility for her business, Ms. Lorena Spencer, 41946 Fifth Street, commented on citations she had received for the placement of signage to attain such visibility. CITY COUNCILREPORTS A. Serving on the Economic Development Steering Committee, Councilman Comerchero informed the Council and viewing public that the Committee be meeting in the City the end of this week. Mr. Comerchero thanked City Manager Nelson and associated staff for reinstituting the use of the big screens during Council meetings. B. Mayor Pro Tem Naggar relayed his desire for staff to explore the operation of a newly installed traffic light at SR 79 South and Front Street, noting that there appears to be congestion during peak hours. Mr. Naggar apprised the Council and the ~iewing public of the upcoming Children's Matsuri event sponsored by the Arts Council on Saturday, May 31, 2003, at the Community Center on Pujol Street, from 2:00 to 5:00 P.M. C. Councilman Pratt advised that the number one topic during his Community Forum meetings is traffic. Mr. Pratt commended the Temecula Valley Historical Society on its news newsletter. D. Having attended today's Stephen Michael 'Linen Memorial Park dedication ceremony, Councilman Roberts advised that Mr. Linen lost his life in the line of duty and requested that a bronze plaque be placed at the park. 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. 2 Resolution Approving List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 03- 55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A R:\Minutes\052703 2 3 Financial Statements for the nine months ended March 31, 2003 RECOMMENDATION: 3.1 Receive and file the Financial Statements for the nine months ended March 31, 2003. 4 David Turch & Associates Contract for Federal Leqislative Services RECOMMENDATION: 4.1 Approve the contract for Federal Legislative Services to be provided by David Turch & Associates in the amount of $36,000.00. 5 Second Amendment to State Lobbyist Contract RECOMMENDATION: 5.1 Approve the Second Amendment for State Lobbying Services with the Wilson Group, LLC, in the amount of $3,500.00 per month. 6 Emerqency Management Proqram Grants RECOMMENDATION: 6.1 Increase estimated grant revenue by $24,650; 6.2 Appropriate $10,000 to employ a consultant to develop the Annex for the Citizens Corps Program into the City's Multi-Hazard Function Plan (Emergency Plan); 6.3 Appropriate $14,650 for the purchase of seven Automatic Biphasic External Defibrillators (AEDs) for locating at City Hall and other public facilities. 7 Agreement with Riverside County Chapter of the American Red Cross for Community-based Services RECOMMENDATION: 7.1 Approve an appropriation of $38,000 fr(~n the unallocated reserves of the General Fund to Department 101, Account 5285 (Community Support, Council Discretionary); 7.2 Approve an agreement with the Riverside County Chapter of the American Red Cross for Community-based Services. Councilman Roberts thanked the City Council for its support of this $38,000 appropriation. R:\Minutes\052703 3 8 Acceptance of an Easement for Drainage Purposes and execute a Quitclaim Deed conveyin,q the easement to the Riverside County Flood Control and Water Conservation District within Tract Map No. 23101-6 (located on the east side of Meadows Parkway between La Serena Way and Rancho California Road and within the Margarita Villaqe Specific Plan No. 199 - Chardonnay Hills Subdivision RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 03-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN EASEMENT FOR DRAINAGE PURPOSES LOCATED WITHIN TRACT MAP NO. 23101-6 AND EXECUTING A QUITCLAIM DEED CONVEYING THE EASEMENT TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 9 Authorize Temporary Partial Street Closures for Temecula Cyclin.q Classic Event on June 8, 2003 (Business Park Drive and Single Oak D~;ive) RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 03-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING PARTIAL STREET CLOSURES OF BUSINESS PARK DRIVE AND SINGLE OAK DRIVE FOR THE TEMECULA CYCLING CLASSIC EVENT ON JUNE 8, 2003, AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THIS SPECIFIC SPECIAL EVENT 10 Authorize Temporary Street Closure of Pauba Road between Mar.qarita Road and Ynez Road for the July 4, 20031 Fireworks Show and dele.qate authority to issue Special Events/Street Closures Permit to Director of Public Works/City En.qineer RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 03-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURE OF PAUBA ROAD BETWEEN MARGARITA ROAD AND YNEZ ROAD FOR THE JULY 4, 2003,. FIREWORKS SHOW AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES R:\Minutes\052703 4 11 Authorize Temporary Street Closures of Old Town Front Street between Moreno Road and Second Street, Main Street from the bridqe to Old Town Front Street, Second Street, Third Street, Fourih Street, Fifth Street, Sixth Street, and Mercedes Street between Moreno Road and Second Street for the Star Spangled Fourth of July Parade and dele,qate authority to issue Special Events/Street Closures Permit to Director of Public Works/City Enqineer RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 03-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURES OF OLD TOWN FRONT STREET BETWEEN MORENO ROAD AND SECOND STREET, MAIN STREET FROM THE BRIDGE TO OLD TOWN FRONT STREET, SECOND STREET, THIRD STREET, FOURTH STREET, FIFTH STREET, SIXTH STREET, AND MERCEDES STREET BETWEEN MORENO ROAD AND SECOND STREET FOR THE STAR SPANGLED FOURTH OF JULY PARADE AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 12 Professional Services A.qreement for Enqineerinq and Landscape Architectural Services for State Route 79 South Medians between 1-15 and Butterfield Staqe Road - Project No. PW02-14 RECOMMENDATION: 12.1 Authorize an advance in the amount of $198,096.80 from the General Fund Reserves, which will be reimbursed from AD 159 C and D Series Bonds to fund the Design of the State Route 79 South Medians between 1-15 and Butterfield Stage Road; 12.2 Approve an agreement with Project Design Consultants in an amount not to exceed $180,088.00 to provide professional engineering and landscape architectural services for the State Route 79 South MEdians between 1-15 and Butterfield Stage Road - Project No. PW02-14 - and authorize the Mayor to execute the agreement; 12.3 Authorize the City Manager to approve Change orders not to exceed the contingency amount of $18,008.80 which is equal to 10% of the agreement amount. R:\MJnutes\052703 5 13 Reimbursement Aqreement between Rancho California Water District and the City of Temecula for Rancho California Road Brid.qe Wideninq over Murrieta Creek - Project No. PW99-18 RECOMMENDATION: 13.1 Approve the Reimbursement Agreement between Rancho California Water District (RCWD) and the City of Temecula for the Rancho California Road Bridge Widening over Murrieta Creek - Project No. PW99-18. For Councilman Pratt, Public Works Director Hughes provided specific clarification of the reimbursement agreement. 14 Completion and Acceptance of the Asphalt Crackfill Proiect - Various Streets - FY2002- 2003 - Proiect No. PW02-24 RECOMMENDATION: 14.1 Accept the Asphalt Crackfill Project for FY 2002-2003 - Project No. PW02-24 - as complete; 14.2 File a Notice of Completion, release the'Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract; 14.3 Release the Materials and Labor Bond seven months after filing the Notice of Completion if no liens have been filed. 15 A.qreement for Construction, Inspection, and Acceptance of Wolf Valley Drainaqe Improvements RECOMMENDATION: 15.1 Approve an agreement with the Riverside County Flood Control and Water Conservation District, the County of Riverside, Centex Homes, and Redhawk Communities, Inc. for the construction, inspection, and acceptance of Wolf Valley Drainage Improvements; 15.2 Authorize the Mayor to execute the agreement. 16 Request for Appropriation - Multi-purpose Maintenance Truck RECOMMENDATION: 16.1 Approve an appropriation of $154,000.00 in the Vehicle Internal Service Fund for the purchase of a large capacity, multi-purpose maintenance truck for use by the Public Works and TCSD Maintenance Divisions; 16.2 Approve an operating transfer in the amount of $79,000 from the General Fund to the Vehicle Internal Service Fund. R:\Minutes\052703 6 17 Second Reading of Ordinance No. 03-04 RECOMMENDATION: 17.1 Adopt 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 MAKE OTHER MINOR CHANGES AND PROVIDE FOR THE READOPTION OF PLANNED DEVELOPMENT OVERLAY NOS. 5 AND 6 (PLANNING APPLICATION NO. 03-0109) MOTION: Councilman Comerchero moved to approve Consent Calendar Item Nos. 1-17. The motion was seconded by Mayor Pro Tem Naggar and voice vote reflected unanimous approval. At 7:25 P.M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency, the City Council. meeting, after a short recess, resumed with regular business at 7:45 P.M. PUBLIC HEARING 18 Planned Residential Development Code Amendment (continued from May 13, 2003) RECOMMENDATION: 18.1 Continue this item off calendar. At the request of staff, Mayor Pro Tem Naggar offered the following motion: MOTION: Mayor Pro Tem Naggar moved to continue to this public hearing off calendar. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. 19 Planninq Application No. 02-0567 - Ed.qe Ni.qhtclub Appeal (continued from May 13, 2003) RECOMMENDATION: 19.1 Receive and file report. Mayor Stone opened the public hearing; there being no public input, the public hearing was closed. MOTION: Mayor Pro Tem Naggar moved to receive and file the report. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. R:\Minutes\052703 7 20 Appeal of the Planninq Commission's decision to deny PA03-017 - a request for a Temporary Use Permit to establish a fresh fruit stand (located on the northeast corner of Nicolas Road and Winchester Road - known as Assessor's Parcel No. 920-100-013 RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. 03-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY PLANNING APPLICATION NO. PA03-017 A TEMPORARY USE PERMIT TO ESTABLISH A FRESH FRUIT STAND LOCATED ON THE NORTHEAST CORNER OF NICOLAS ROAD AND WINCHESTER ROAD KNOWN AS ASSESSOR'S PARCEL NO. 920-100-01 Planning Director Ubnoske provided the staff repo~ (as per agenda material), advising that the proposed application was denied by the Planning Commission, noting that the denial was primarily based on access off Winchester Road but that staff had offered the applicant to access the strawberry stand off Nicolas Road. Advising that Caltrans would not issue an encroachment permit with regard to the Winchester Road access, Deputy City Manager Thornhill commented on the significant traffic safety concerns associated with the requested Winchester Road access. At this time, Mayor Stone opened the public hearing. Mr. Gary Michael Craig, 39610 Medina Court, Murrieta, applicant, noted the following: That in the past, a chumh Christmas tree lot had received approval for access off Winchester Road; That, in his opinion, it would appear by his attempts to receive a temporary use permit that he is not being treated fairly and that there would appear to be inconsistencies when dealing with the Planning Department. In closing, Mr. Craig relayed his efforts over the past 10 years in trying to attain a temporary use permit from the City and questioned why it took the Planning Department until April to advise him of the concerns with the Winchester Road access. Although sympathetic to his business needs, Counc'ilman Pratt noted that in light of the existing traffic condition at this particular corner, he would not support access off Winchester Road. Because of insufficient visibility of the strawberry stand, Mr. Craig commented that he would not be desirous of the Nicolas Road access. At this time, the public hearing was closed. Echoing Councilman Pratt's comment, Mayor Pro Tem Naggar noted that he could not support access off Winchester Road without signalization or a deceleration ~ane. R:\Minutes\052703 8 Councilman Comerchero further commented on the safety concerns associated with permitting access off Winchester Road and, therefore, relayed his opposition to the request. In light of Caltrans' decision to deny access off State Route 79 (Winchester Road), Councilman Roberts voiced his opposition to the request. Relaying his opposition to permitting access off 'Winchester Road, Mayor Stone noted that although Mr. Craig was given the opportunity to .open the strawberry stand with access off Nicolas Road, Mr. Craig had denied that option. MOTION: Mayor Pro Tem Naggar moved to deny the appeal. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. COUNCIL BUSINESS 21 Update to Development Impact Fee Schedule RECOMMENDATION: 21.1 Adopt a resolution entitled: RESOLUTION NO. 03-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AND IMPOSING NEW DEVELOPMENT IMPACT FEES AND INCREASING CURRENT DEVELOPMENT IMPACT FEES EFFECTIVE JULY 26, 2003 PURSUANT TO CHAPTER 15.06 OF THE TEMECULA MUNICIPAL CODE AND RESOLUTION NOS. 97-94 AND 98-30 Introducing Mr. Joe Colgan from Maximus, Finance Director Roberts provided a brief overview of the item (of record). By way of a PowerPoint presentation, Mr. Colgan discussed the type of fees and the process by which these fees were analyzed, commenting/clarifying the following: · Legal framework restricting the use of impact fees · Use of fees - may not be utilized for operation or maintenance · Nexus requirements o Development creates a need for the facilities that will be paid for by the fees o Development receives a benefit from,the use of the expenditure of the fees o Fees are proportional to the developr~ent impact · Impact Fee analyses · Scope of the study- limited to the existing City · Future development to be served · Facility types · Basis of fee calculation · Differences of the proposed fees from the 1996 study. In response to Councilman Roberts, Mr. Colgan advised that the City may charge a fee to pay for the cost of additional vehicles for the needed officers employed due to increased population. Finance Director Roberts noted that the current contract covers fleet vehicles but that the City must pay for additional motorcycles and specialized traffic equipment. R:\Minutes\052703 9 For Councilman Comerchero, Mr. Colgan noted that the proposed fee, if adopted, will be effective July 26, 2003; that for commercial development, the fee would be imposed at the issuance of the building permit; and that for residential development, the fee would be imposed at the time of final inspection. Commenting on the phasing stage of the non-residential components, Finance Director Roberts, for Mayor Pro Tem Naggar, advised that it is being recommended that the fees remain the same until July 2004; after which, the fees would incrementally increase over a three-year period. It was noted that staff had explored the funds generated if the fees were kept the same and what funds would be generated with the proposed increase. Further commenting on the phasing process to ensure continued growth and to promote economic development, City Manager Nelson reiterated the need for the proposed increase in order to mitigate impacts from the continued growth. As to residential development, the proposed fees are imperative in terms of building the necessary infrastructure required to support the new development and, therefore, the phasing process would not apply. In an effort to apprise the development community, City Manager Nelson advised that Assistant City Manager O'Grady had a Development Community Workshop to discuss and clarify the proposed fees. For Councilman Pratt, City Manager Nelson advised that the collected fees would be utilized to implement the City Council approved Capital Improyement Program. MOTION: Mayor Pro Tern Naggar moved to approve the staff recommendation. The motion was seconded by Councilman Roberts and voice vote reflected approval with the exception of Councilman Pratt who abstained. Because the City has, in the past 11 years, diligently worked at maintaining the fees to a minimum, Mayor Stone noted that in an effort to maintain the quality of life, the fees must be increased to accommodate new growth and,- therefore, relayed his support of the recommendation. 22 Prima Facie Speed Limit on Certain Streets RECOMMENDATION: 22.1 Introduce and read by title only an ordinance entitled: R:\Minutes\052703 10 ORDINANCE NO. 03-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FAClE SPEED LIMITS TO INCLUDE PECHANGA PARKWAY BETWEEN STATE ROUTE 79 (SOUTH) AND SOUTH CITY LIMITS, RAINBOW CANYON ROAD BETWEEN PECHANGA PARKWAY AND SOUTH CITY LIMITS, AVENIDA DE MlSSlONES BETWEEN STATE ROUTE 79 (SOUTH) AND VIA RIO TEMECULA, VIA RIO TEMECULA BETWEEN AVENIDA DE MlSSlONES AND REDHAWK PARKWAY, COUNTRY GLEN WAY BETWEEN STATE ROUTE 79 (SOUTH) AND VIA RIO TEMECULA, DIAZ ROAD BETWEEN WINCHESTER ROAD AND DENDY PARKWAY, AND WINCHESTER ROAD BETWEEN DIAZ ROAD AND DENDY PARKWAY Public Works Director Hughes reviewed the staff report (as per agenda material). Although concurring with the recommendation, Councilman Pratt suggested the additional public education be promoted. MOTION: Councilman Roberts moved to approve t~e staff recommendation. The motion was seconded by Mayor Pro Tem Naggar and voice vote reflected unanimous approval. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT No additional comment. CITY ATrORNEY'S REPORT With regard to Closed Session, Assistant City Attorney Curley noted that there was no reportable action. ADJOURNMENT At 9:04 P.M., the City Council meeting was formally adjourned to an adjourned regular meeting on Thursday, June 10, 2003, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. s, CMC[sEAT_] ~ ~ ~ ~ ~ Jeffrey"ET~tone, Mayor R:\Minutes\052703 11