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Home My WebLink About102307 CC Minutes - I I I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL OCTOBER 23, 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, October 23, 2007, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Council Members: Comerchero, Edwards, Naggar, Roberts, and Mayor Washington Absent: Council Members: None. PRELUDE MUSIC The prelude music was provided by John Michael LeClerk. INVOCATION The invocation was provided by City Manager Nelson. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Mayor Pro Tem Naggar. PRESENT ATlONSIPROCLAMA TIONS Dvslexia Awareness Month Proclamation On behalf of the City Council of the City of Temecula, Mayor Washington proclaimed the month of October to be Dyslexia Awareness Month. On behalf of the International Dyslexia Association, Ms. Richardson accepted the proclamation and thanked the City for its recognition. Southern Overland Trail Historical Association presentation Presenting the City with a proclamation, Mr. Clarkston, on behalf of the Historical Society, gave a brief history of the 210lh Anniversary of Spanish Discovery of Temecula and requested that October 17 be proclaimed Hispanic Heritage Day on an annual basis. Mayor Washington thanked Mr. Clarkson for the proclamation. Presentation to USMC. First Reconnaissance Battalion. First Marine Division On behalf of the S.M.A.R.T program, Supervisor Adkisson presented the First Marine Division with a quilt that was made by participants of the S.M.A.R.T program. On behalf of the First Reconnaissance Battalion, Major LeHew thanked the participants of the S.M.A.R.T program for the quilt. R:\Minutes\102307 - I I I Mayor Washington stated that due to a local emergency with respect to recent fires, it would be staff's recommendation that a resolution be added to the City Council Agenda, declaring a local emergency. MOTION: Council Member Comerchero moved to consider the adoption of a resolution declaring a local emergency. Council Member Edwards seconded the motion and electronic vote reflected unanimous approval. City Manager Nelson provided a staff report with respect to the declaring of a local emergency. Council Member Comerchero clarified for the audience that the proposed resolution would be to position the City to receive reimbursement, if applicable, from State and Federal Governments. Fire Chief Patterson provided a brief update to the fires such as the Rice Canyon and Mt. Palomar Fires. In response to Council Member Edwards' query, Chief Patterson advised that donations for displaced residents could be donated at a local church. Chief Patterson advised that there is no imminent threat to the City of Temecula nor would there be any evacuations for the City at this time. MOTION: Mayor Pro Tem Nagger moved to adopt a resolution declaring a local emergency. Council Member Comerchero seconded the motion and electronic vote reflected unanimous approval. PUBLIC COMMENT A. By way of overheads, Ms. Eve Craig, representing the Historical Society, displayed a photo of Wolfs Tomb that has been recently restored by the Historical Society. B. Mr. AI Rattan, Temecula, commended the Fire Department for its excellent service. Mr. Rattan also advised for the record that the Old Town merchants would be in favor of a Farmer's Market, but would encourage new management of the Farmer's Market. C. Ms. Donna Boggins, representing the Temecula Valley Group, relayed her support of the Old Town Farmer's Market, advising that the Temecula Valley Group often recommends the shops and restaurants in Old Town to visitors to Old Town. D. Mr. David Veltman, Fallbrook, is currently a vendor at the Farmer's Market and would not be in favor of closing it and, therefore, would be hopeful that the City work with the merchants and management of the Farmer's Market to ensure overall satisfaction. E. Speaking in favor of the Farmer's Market, Mr. Murray Gutman, Old Town Merchant, advised that the Farmer's Market draws many patrons on Saturdays to Old Town. F. Ms. Lorrine Goode, Old Town merchant, relayed that although she would not be opposed to a Farmer's Market, she did express concern with the inability to park in her own parking space due to the patrons of the Farmer's Market. G. Ms. Evelyn Honea, Old Town merchant, Temecula, reiterated that the merchants of Old Town would not be in opposition of a Farmer's Market, but rather its flea market type vendors. R:\Minutes\102307 2 - I I I H. Ms. Neeru Sehgal, Farmer's Market vendor, relayed her desire to retain the current management and vendors. I. Ms. Cora Hylkema, Farmer's Market vendor, stated that the vendors of the market would be a benefit to the Old Town community. J. Mr. Stephen Eldred, Old Town merchant, also stated that the merchants of Old Town would not be opposed to the market but rather the vendors operating without a permit. K. Ms. Sandy Regalado, Temecula, spoke in favor of the Farmer's Market, advising that the patrons of the market frequent the Old Town shops as well. L. Mr. Mark Jones, representing the Temecula Sister City Association, thanked the City Council for its ongoing support of the Sister City Program and student exchange program. CITY COUNCIL REPORTS A. Council Member Roberts expressed his concern with Verizon Cable Company not offering a San Diego station in Temecula and the Weather Channel not offering a Temecula weather report and requested that this issue be immediately resolved. In response to Council Member Roberts' concerns, Assistant City Manager Adams advised that he will follow up with Verizon and Time Warner regarding his concern. B. Mayor Washington congratulated the event organizers of the Susan G. Komen for a successful Race for the Cure event on another successful event and thanked the Whiting Turner Construction Company for its efforts in paving the road for the event. Commending the City's Fire Department for its efforts with respect to recent fires, Mayor Washington also commended and thanked the community for its generous donations. 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 September 25, 2007. R:\Minutes\102307 3 - I I I 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 07-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Acceptance of Certain Public Streets into the Citv-Maintained Svstem within Tract Maps Nos. 30667.30667-1.30667-2. and 30667-3 (located southwest of the intersection of MarQarita Road and Harveston Wav within the Harveston Subdivision) RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 07-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NOS. 30667, 30667-1, 30667-2, AND 30667-3) Per the request of staff, Consent Calendar Item No.5 will be discussed under Council Business 5 Consideration of Adoption of Resolutions of Necessitv for the Acauisition bv Eminent Domain of Certain Real Propertv Interests for Public Purposes in connection with the Citv's Proposed PechanQa Parkwav Improvements. Phase II Proiect No. PW99-11 RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 07-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE PECHANGA PARKWAY IMPROVEMENTS - PHASE II PROJECT, CITY PROJECT NO. PW99-11 (APN NOS. 961-010-009 & 961-010- 047) 5.2 Adopt a resolution entitled: RESOLUTION NO. 07-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE PECHANGA PARKWAY IMPROVEMENTS - PHASE II PROJECT, CITY PROJECT NO. PW99-11 (APN 961-010-022) R:\Minutes\102307 4 - I I I 5.3 Adopt a resolution entitled: RESOLUTION NO. 07-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE PECHANGA PARKWAY IMPROVEMENTS - PHASE II PROJECT, CITY PROJECT NO. PW99-11 (APN 961-010-024) 6 Professional Enaineerina Desian Services Aareement for the PedestrianlBicvcle Bridae Over Santa Gertrudis Creek to Chaparral Hiah School and Citv Trail Svstem. Proiect No. PW05- 11 RECOMMENDATION: 6.1 Approve the Professional Engineering Design Services Agreement with Nolte Associates, Inc. for the design of the pedestrian/bicycle bridge over Santa Gertrudis Creek to Chaparral High School and City Trail System, Project No. PW05-11, in the amount of $132,807; 6.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $13,281, which is equal to 10% of the contract amount. 7 Award of Construction Contract for the Traffic Sianallnstallation at Rancho California Road and Business Park Drive. West - Proiect No. PW07-02 RECOMMENDATION: 7.1 Award a construction contract for the Traffic Signal Installation at Rancho California Road and Business Park Drive, West - Project PW07-02, to Ramilan Electric, Inc. in the amount of $179,500, 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 $17,950, which is equal to 10% of the contract amount; 7.3 Approve a transfer in the amount of $52,000 from the traffic signal at Butterfield Stage Road at Welton StreeVChannel Street project to cover the construction costs, geotechnical testing, and administrative costs for the Traffic Signal Installation at Rancho California Road and Business Park Drive West. 8 Acceptance and Filina the Notice of Completion for Slurrv Seal Proiect FY2006-2007. Meadowview Area - Project No. PW07-03 RECOMMENDATION: 8.1 Accept the Slurry Seal Project FY 2006-2007, Meadowview Area, Project No. PW07 -03 as complete; 8.2 File the Notice of Completion, release the Performance Bond, and accept a one year Maintenance Bond in the amount of 10% of the contract; R\Minutes\102307 5 - I I I 8.3 Release the Materials and Labor Bond seven (7) months after filing the Notice of Completion, if no liens have been filed. Mayor Washington and Council Member Roberts abstained with regard to this item. 9 Completion and Acceptance of the Citywide Concrete Repairs Phase II FY2006-2007 - Proiect No. PW07-06 RECOMMENDATION: 9.1 Accept the construction of the Citywide Concrete Repairs Phase II, FY 2006/07, Project No. PW07-06, as complete; 9.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one year Maintenance Bond in the amount of 10% of the contract amount; 9.3 Release the Materials and Labor Bond seven months after the filing of the Notice of Completion if no liens have been filed. 10 Pavment to Southern California Edison ComDanv (SCE) for Street Liahts alona Pechanaa Parkwav - Proiect No. PW99-11 RECOMMENDATION: 10.1 Authorize payment to SCE for Street Lights along Pechanga Parkway in the amount of $102,128.95. 11 Second Readina of Ordinance No. 07-14 RECOMMENDATION: 11.1 Adopt an ordinance entitled: ORDINANCE NO. 07-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND WINCHESTER HILLS I, LLC MOTION: Mayor Pro Tem Naggar moved to approve the Consent Calendar. Council Member Edwards seconded the motion and electronic vote reflected approval with the exception of Council Member Roberts and Mayor Washington who both abstained on Consent Calendar Item NO.8. At 7:59 p.m., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 8:08 p.m., the City Council resumed with regular business. R:\Minutes\102307 6 - I I I PUBLIC HEARING 17 Development Code Amendment - 2007 Clean Up (Plannina Activitv LRP21 07) RECOMMENDATION: 17.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE SPECIAL USE REGULATIONS FOR AN INCREASE IN FLOOR AREA RATIOS, REQUIREMENTS FOR SWIMMING POOLS, AMEND PARKING STANDARDS FOR MEDICAL OR DENTAL OFFICES, INCORPORATE REFERENCES TO WATER QUALITY MANAGEMENT PLAN REQUIREMENTS, PROVIDE CONSISTENCY WITH THE AMERICANS WITH DISABILITIES ACT, AND MAKE OTHER MINOR CLARIFICATIONS AND TYPOGRAPHICAL CORRECTIONS TO THE DEVELOPMENT CODE (PLANNING ACTIVITY LRP2107) By way of PowerPoint Presentation, Associate Planner West provided a staff report on the Development Code Amendment 2007 Cleanup, highlighting on the following aspects: . Proposed Changes . Performance Standards for Increase in FAR · Swimming Pools and Spas within the Front Yards of Residential Zoning Districts · Parking Requirements for Medical and Dental Offices . Free-Standing On-site Directional Signs · Landscaping Requirements for Freestanding Tenant Signs · Water Quality Management Plan (WQMP) . Americans with Disabilities Act · Other Clarifications and Typographical Changes . Environmental Determjnation In response to Council Member Edwards' query, Associate Planner West explained the setback requirements for swimming pools and spas in front yards. At this time, the public hearing was opened; due to no speakers, it was closed. At this time, City Attorney Thorson introduced and read by title only Ordinance 07-15. MOTION: Mayor Pro Tem Washington moved to approve staff recommendation. Council Member Comerchero seconded the motion and electronic vote reflected unanimous approval. DEPARTMENTAL REPORTS With respect to Mr. Rattan's query, City Attorney Thorson confirmed the eminent domain process, noting that the City would only acquire property solely needed for a project. R:\Minutes\102307 7 . Referencing the recent fires, Mayor Washington reported the following information: I . Riverside County . San Diego County . San Bernardino County . Los Angeles County (951) 940-6985 (619) 590-3160 (909) 881-6950 (323) 881-2411 Assistant City Manager Adams noted that the above-mentioned phone numbers will be available on the City's website. CITY MANAGER REPORT No report at this time. CITY ATTORNEY REPORT With respect to Closed Session, City Attorney Thorson advised that there would be no formal action to report. ADJOURNMENT At 8:46 p.m. the City Council meeting was formally adjourned to Tuesday, November 6, 2007, at 5:30 p.m. for a Closed Session, with regular session commencing at 7:00 p.m. City Council Chambers, 43200 Business Park Drive, Temecula, California. I ATTEST: I R:\Minutes\102307 8