The URL can be used to link to this page

Home My WebLink About030607 CC Minutes I I I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MARCH 6, 2007 The City Council convened in Closed Session at 6:00 p.m. and its regular meeting commenced at 7:00 p.m., on Tuesday, March 6, 2007, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: 5 Council Members: Comerchero, Edwards, Naggar, Roberts and Mayor Washington. Absent: o Council Members: None. PRELUDE MUSIC The Prelude Music was provided by Matthew Nunez. INVOCATION The invocation was given by City Manager Nelson. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Council Member Roberts. PRESENT ATIONS/PROCLAMATIONS Community Beautification Officer Presentation Principal Planner Brown introduced newly hired Beautification Officer, Zara Smith. The City Council welcomed Ms. Smith to the City. Sister City Presentation Mayor Washington announced that six students of Margarita Middle School along with their chaperones, will be traveling to Nakyama, Japan to learn and exchange ideas; and that an effort to off-set the cost of the trip, Mayor Washington, on behalf of the City of Temecula, will present each student with a check for $200.00 and a few items of Temecula to share with new friends abroad. The following students were presented with a check: o Alice Brown o Richard Crowder o Felippe Rosenthal o Rebecca Speck o Brandon Warren o Jake Wadleigh R:IMinulesl030607 I I I Museum Services Manager Gilliland informed that the students will be staying with families in Nakyama, Japan, and experience their daily routine such as going to school and learning the Japanese culture. The City Council wished the students well in their travels. PUBLIC COMMENTS No additional comments. CITY COUNCIL REPORTS A. Council Member Edwards advised that after some investigation regarding group homes in surrounding neighborhoods, it has come to the Council's attention that due to the Fair Housing Act that was passed by the Federal Government in 1988, group homes are protected and that local jurisdictions would not have any jurisdiction over them. Ms. Edwards advised that she joined a State-wide task force consisting of 90 cities that will pull its efforts to gain some legal rights for local governments in order to protect its citizens; and advised that she will be providing more information to the public as it becomes available. 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 Minutes RECOMMENDATION: 2.1 Approve the minutes of February 13, 2007. 3 Resolution aporovina List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 07-20 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 as of January 31, 2007 RECOMMENDATION: R:IMinulesl030607 2 I I I 4.1 Receive and file the City Treasurer's Report as of January 31, 2007. 5 Winchester Road/Route 79 North Corridor Beautification Proiect - Proiect No. PW06-15, Professional Services Aareement for Enaineerina and Landscape Architectural Services RECOMMENDATION: 5.1 Approve an agreement with RBF Consulting in an amount not to exceed $179,916.00 to provide professional engineering and landscape architectural design seryices for project No. PW06-15, and authorize the Mayor to execute the agreement; 5.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $17,991.60, which is equal to 10% of the agreement amount; 5.3 Approve an acceleration in the amount of $38,000.00 from the Fiscal Year 2007- 2008 appropriation to cover the design phase and administrative costs for Fiscal Year 2006-2007. 6 Tract Map No. 32113 (located on the north side of Reminaton Avenue approximately 1130 feet southwest of Diaz Road) RECOMMENDATION: 6.1 Approve Tract Map No. 32113 in conformance with the Conditions of Approval. 7 Professional Seryices Aareement. Kimlev-Horn and Associates Santiaao Detention Basin. Phase 1- Project No. PW06-12 RECOMMENDATION: 7.1 Approve the agreement with Kimley-Horn and Associates, Inc. to provide professional engineering and design services for the preparation of plans, specifications and estimates for construction of the Santiago Detention Basin, Project No. PW06-12, Phase 1 for the not to exceed amount of $65,250.00, and authorize the Mayor to execute the agreement; 7.2 Authorize the City Manager to approve amendments not to exceed the contingency amount of 10% of the contract or $6,525.00. R:IMinulesl030607 3 I I I 8 Roripauah Ranch Proiect - Approval of Fourth Operatina Memorandum RECOMMENDATION: 8.1 Adopt a resolution entitled: A RESOLUTION NO. 07-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FOURTH OPERATING MEMORANDUM FOR THE DEVELOPMENT AGREEMENT BETWEEN ASHBY USA LLC AND THE CITY OF TEMECULA FOR THE RORIPAUGH RANCH PROJECT MOTION: Mayor Pro Tem Naggar moved to approve the Consent Calendar. Council Member Comerchero seconded the motion and electronic vote reflected approval with the exception of Council Member Edwards who abstained on Item NO.6. At 7:17 p.m., the City Council convened as the Temecula Community Services District, the Temecula Redevelopment Agency, and the Temecula Public Financing Authority. At 7:21 p.m., the City Council resumed with regular business. RECONVENE TEMECULA CITY COUNCIL COUNCIL BUSINESS 14 Adoption of Resolution Initiatina Annexation Proceedinas for the Santa Maraarita Ecoloaical Reserve Area RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 07-23 A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS CONCURRENTLY FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AS THE SANTA MARGARITA ECOLOGICAL RESERVE AND SURROUNDING AREAS TO THE CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE EXTENSION OF THE CITY'S SPHERE OF INFLUENCE TO MATCH THE ANNEXATION BOUNDARIES Via overheads, Principal Planner Brown provided a staff report (of record). For Mayor Pro Tem Naggar, Principal Planner Brown advised that a portion of the proposed annexation was a part of the fire that occurred last year. In response to Council Member Comerchero's query, Principal Planner Brown noted that the two letters of opposition were from private parcels. R:IMinutes1030607 4 I I I City Attorney Thorson advised that the letters that were received were from Mr. Gary Johnson of Granite Construction Company, Mr. Peter Gonzalez, property owner, and Mr. David Nieto, trustee of the Nieto Family Trust (property owner); and advised that tonight on the dais a letter from Attorney Allen Haynie, representing Latham and Watkins, was submitted. Clarifying for the Council, City Attorney Thorson noted that tonight's decision would be a vote to decide whether or not to undertake an application for annexation. Council Member Roberts requested that staff provide a color coded GIS map that would depict U.S. Government Land, State of California Land, private land, and San Diego State University Land. At this time, the public hearing was opened. The following individuals spoke in favor of the proposed annexation: o Mr. Clif Hewlett, Temecula o Ms. Susan Miyamoto, Temecula o Ms. Spring Strahm, Temecula. The above-mentioned individuals spoke in favor of the annexation for the following reasons: o That Save our Southcoast Hills (SOS) will be cosponsoring a living sign to propose No Gravel Quarry, to be held on March 18, 2007, at 1 :30 p.m. at Patricia H. Birdsall Sports Park, inviting the public to attend; and advised that SOS Hills would be in full support of the annexation o That residents of the surrounding area would be in support of the proposed annexation of the Santa Margarita Ecological Reserve Area o That the San Diego University Field Stations Program would be in full support of the annexation Mr. Allen Haynie, representing Granite Construction Company, relayed his opposition to the proposed annexation noting that there currently would a shortage of aggregate reserves and would be available for mining; and noted that the annexation would violate a number of policies as stated per Local Agency Formation Commission (LAFCO); and noted that there would be no justification for the annexation. At this time, the public hearing was closed. Relaying his full support of the proposed annexation, Mayor Pro Tem Naggar clarified that the City Council has not taken a position with regard to the quarry issue, and that the process to do so would be conducted in fair and impartial way. Noting his strong support for the annexation, Council Member Comerchero stated that scrutiny for the quarry issue should be undertaken at City Hall Council Chambers by the City Council whom will be working for those most affected by the quarry, the citizens of Temecula. Echoing previously made comments, Council Member Edwards relayed the importance of the City Council having a voice over what may be a huge impact on its residents. R:\MinulesI030607 5 I I I Council Member Roberts stated that the City Council would simply be protecting the quality of life for its citizens and noted that he would be in full support of the annexation. Noting that this would be the beginning of a long process, Mayor Washington noted that due to the City being impacted by a granite quarry, it would be entirely appropriate for the City to undertake the annexation process. MOTION: Mayor Pro Tem Naggar moved to approve Item NO.14. Council Member Comerchero seconded the motion and electronic vote reflected unanimous approval. CITY MANAGER REPORT No additional comments. CITY ATTORNEY REPORT With respect to closed session, City Attorney Thorson advised that there was no formal action to report under the Brown Act. ADJOURNMENT At 7:49 p.m., the City Council meeting formally adjourned to Tuesday, March 22, 2007, Joint City CouncillTemecula Valley Unified School Board meeting at 5:30 p.m., for a Closed Session with the regular session commencing at 7:00 p.m., in the . - Council hambers, 43200 Business Park Drive, Temecula, California. k Washington, Mayor R:IMinutes1030607 6