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HomeMy WebLinkAbout120799 CC MinutesMINUTES OF AN ADJOURNED REGULAR MEETING OF THE TEMECULA CITY COUNCIL DECEMBER 7, 1999 CALL TO ORDER The Open Session of the City Council meeting convened in an adjourned regular meeting at 7:00 P.M., on Tuesday, December 7, 1999, in the City Council Chambers of Temecula City Hall, 43200 Business Park Ddve, Temecula, California. Present: Councilmembers: Comerchere, Naggar, Prett, Roberrs, and Stone. Absent: Councilmember: None. PRELUDE MUSIC The prelude music was provided by Caitlin Macdonald. INVOCATION The invocation was given by Councilmember Naggar. ALLEGIANCE The salute to the Flag was led by Mayor Pro Tem Comerchero. PUBLIC COMMENTS Mr. Chris Pedersen, 31052 Wellington Circle, relayed his concem regarding the display of sexual adult material in the Spencer's use at the Promenade mall; noted that the material was easily accessible to young children; and requested that the Council address the matter. In response to Mayor Stone's queries, and for Mr. Pedersen, City Manager Nelson relayed that the City was aware of the display, was in the process of addressing the issue, and would report back to the Council at an upcoming meeting. Mr. Larry Murphy, 30326 Calle Halcon, expressed his concern regarding the potential of the City investing $5-7 million dollars towards the private operation of a Sports Complex; and queried the lack of public input on the matter. In response to Mr. Murphy, Mayor Stone clarified that there would be Subcommittee review of any proposals with respect to a private/public partnership regarding the Sports Park, noting that no decision had been made; relayed that the Subcommittee's recommendation would be presented to the City Council, and that there would be a Public Hearing held; and advised that the issue was still in conceptual form, and that the City Council welcomed community input. For clarification purposes, City Manager Nelson noted that Agenda Item No. 9 would address the appointment of a Councilmember to replace Councilman Lindemans' seat on the Sports Park Subcommittee; relayed that a full report would be presented to the Council in approximately 60 days; and advised that in the Capital Improvement Plan (CIP), $3.7 million had been set aside for the development of some type of a Sports Complex Facility, reiterating that no decision had been made regarding whether the facility would be operated privately, or by the City. CITY COUNCIL REPORTS A. in remembrance of this date of December 7t" (in 1941 ), Councilman Nagger acknowledged all of the Veterans who had served their country at Pead Harbor. B. Noting that he had been participating in dde-alongs with the Police Department, Councilman Nagger relayed that he was pleased to relay that there was nothing to report, commending the Police Department for their fine work in the City of Temecula. C. With respect to the City's Christmas Parade, Councilman Nagger relayed his family's enjoyment of the event. D. Councilman Pratt humorously commented on his Christmas Parade outfit. E. Councilman Roberrs relayed his attendance at the recently held Developor Impact Mitigation Funds meeting, which Supervisor Buster had organized for the purpose of addressing the lack of infrastructure in the County area surrounding the City Temecula, and the need for the provision of funding to install additional roads as development grows; noted that the program had been successfully implemented in the Desert cities; specified the fadors of the programs' Development Mitigation fees; and relayed that a report would be brought back to the Council in approximately two months, pdor to the associated Ordinance being presented to the County. F. Mayor Pro Tem Comerchero welcomed the two new Councilmembers, Councilman Nagger, and Councilman Pratt. CONSENT CALENDAR 1 Standard Ordinance 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 October 19, 1999. (Councilmen Nagger and Pratt abstained with regard to Item No. 2.) 3 Resolution APPmvinQ List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: 4 6 7 RESOLUTION NO. 99-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Report RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of October 31, 1999. Professional DesiGn Services AGreement - Pala Road Bddee Improvements - Project No. PW97-15 Soundwalls RECOMMENDATION: 5.1 Approve the design agreement with Cozad & Thomsen, Inc. to provide professional design services for the soundwalls associated with the Pala Road Bddge Improvement - Project No. PVV97-15 - for an amount not to exceed $40,777.00 and authorize the Mayor to execute the agreement; 5.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of 10% of the contract or $4,077.70. Award of Construction Contract for the Puiol Street Sidewalk Iml~rovements - Project No. PW98-17 RECOMMENDATION: 6.1 Award the construction contract for the Pujol Street Sidewalk Improvements - Project No. PW98-17 to CDE Resources, Inc. in the amount of $210,122.00 and authorize the Mayor to execute the contract; 6.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $19,119.00, which is equal to 9.29% of the contract amount. (Mayor Stone abstained with regard to Item No. 6.) Accel~t Substitute AGreement and Bonds for Oublic improvements in Tract No. 24183-F (located north of Campanula Way, east of Meadows Parkway, west of Butterfield StaGe Road, and south of DePortola Road) RECOMM EN DATION: 7.1 Accept Substitute Subdivision Improvement and Subdivision Monumentation Agreements and Faithful Performance, Labor and Materials, and Subdivision Monumentation Securities in Tract No. 24183-F; 7.2 Authorize release of the Faithful Performance, Labor and Materials, and Subdivision Monumentation securities on file; 7.3 Direct the City Clerk to so notify the several developers and sureties. 8 License Aqreement for Old Town Arches and Medallions RECOMMENDATION: 8.1 Approve an agreement entitled License Agreement Old Town Gateway Arches and Histodc Medallions; 8.2 Direct staff to modify the existing Old Town Logo Agreement to include fie Gateway Arches and Histodc Medallions. {Mayor Stone abstained with regard to Item No. 8.) MOTION: Mayor Pro Tern Comerchero moved to approve Consent Calendar Item Nos. 1-8. The motion was seconded by Councilman Naggar and voice vote reflected approval with the exception of Councilmen Naggar and Pratt who abstained with regard to Item No. 2, and Mayor Stone who abstained with regard to Item Nos. 6, and 8. At 7:15 P.M. , the City Council recessed and convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:35 P.M., The City Council resumed with regularly scheduled City Council Business. COUNCIL BUSINESS 9 Appointment of Members to the Community Development Block Grant (CDBG) Review Ad Hoc Committee, Ad Hoc Sports Park Subcommittee, and Old Town Temecula Community Theater Ad Hoc Committee RECOMMENDATION: 9.1 Appoint two (2) members to a CDBG Review Ad Hoc Committee; 9.2 Appoint one (1) member to the Sports Park Subcommittee; 9.3 Appoint two (2) members to an Old Town Temecula Community Theater Ad Hoc Committee. (Mayor Stone abstained with regard to Item No. 9.3) Councilmen Naggar and Stone volunteered for the positions on the CDBG Review Ad Hoc Committee. MOTION: Councilman Roberts moved to appoint Councilmen Naggar and Stone as members of the CDBG Review Ad Hoc CommiItee. Councilman Naggar seconded the motion and voice vote reflected unanimous approval. In response to Mayor Stone's querying, Mayor Pro Tern Comerchero offered to serve on the Sports Park Subcommittee. MOTION: Councilman Roberts moved to appoint Mayor Pro Tem Comerchero as a member to the Sports Park Committee. Councilman Naggar seconded the motion and voice vote reflected unanimous approval. Councilmen Pratt and Comerchero volunteered to sit on the Old Town Temecula Community Theater Ad Hoc Committee. MOTION: Councilman Roberts moved to appoint Councilmen Pratt and Comerchero as members of an Old Town Temecula Community Theater Ad Hoc Committee. Councilman Naggar seconded the motion and voice vote reflected approval with the excel~tion of Mayor Stone who abstained with regard to Item No. 9.3. 10 Additional temporary eastbound lane on State Route 79 South from Pala Road to Interstate 15 to reduce traffic congestion dudnQ the County of Riverside's construction of the Missing Link RECOMMENDATION: 10.1 Approve funding of $121,000.00 (haft the cost of a Contract Change Order between Riverside County Transportation and Riverside Construction) to provide an additional temporary eastbound lane on State Route 79 South (SR 79S) between Pala Road and Interstate 15 (I-15); 10.2 Appropriate General Fund Unapprepdated Reserves sufficient to cover said contract change order in the amount of $121,000.00. Noting the County's continued construction on Highway 79 South, Director of Public Works Hughes presented the staff report (via agenda material); provided additional information regarding this particular project, proposing to add an additional lane of travel, relaying that he was pleased to report that the design plan had been recently modified by the County's contractor, noting that it would now not be necessary to eliminate the left-turning motions (from Highway 79 South to La Paz and Wabash Lane) in order to add the additional eastbound lane. For Councilman Naggar, Director of Public Works Hughes clarified that Highway 79 South was a State of California Caltrans facility; advised that it was standard procedure for the Local Agencies to assist in the upgrade of the facilities; and noted that this particular project would be funded by the County of Riverside (via the Assessment Distdct Bond Act), and also by the City of Temecula. In response to Mayor Pro Tem Comerchero, Director of Public Works Hughes relayed that the additional lane project would be complete in approximately two weeks. Mayor Pro Tern Comerchero commended staff on their foresight in working together with the County to develop this plan which would alleviate traffic congestion during this construction pedod. Commenting on the speed with which the County worked in coordinating this project with the City of Temecula, Councilman Roberts applauded Supervisor Buster for his efforts associated with this proposal. MOTION: Councilman Roberts moved to approve Staff Recommendation. Mayor Pro Tem Comerchero seconded the motion and voice vote reflected unanimous approval. 11 Rodpau~lh Specific Plan - Status RECOMMENDATION: 11.1 Provide direction to staff relative to processing. Relaying that this Item was brought forward to the City Council per Mayor Stone's request, Deputy City Manager Thornhill provided an overview of the issues related to the Rodpaugh Ranch Specific Plan process (of record); relayed the items of debate regarding whether the project should be processed in the City, or through the County; specified the Council appointed Subcemmittee's concerns and comments (referencing the agenda material); and noted the November 16, 1999 Subcommittee request that an independent firm conduct a feasibility analysis with respect to the Assessment Distdct in order to acquire additional information. In response to Councilman Naggar's quedes, Mayor Pro Tem Comerohero relayed that due to the preliminary stage of analysis, there had been no consideration of a General Plan Amendment at this point in time; noted that the Subcommittee was concentrating their efforts on the following: 1) the assurance that there was a sound financial model in terms of the Assessment Distdct due to the concerns related to the infrastructure, and the feasibility of this development encompassing the Butterfield Stage Road Extension Project, and 2) investigation of the environmental impacts associated with this project (i.e., the Quino Checkerspot Butterfly issue). Councilman Roberts relayed that the Subcommittee would schedule a meeting with Supervisors Buster and Venable at the end of December, or the beginning of January, in order to further discuss the project; and noted that via discussions with Supervisor Buster, it was relayed that Fish and Game had advised that portions of this area do encompass the Quino habitat. For Councilman Naggar, Mayor Pro Tern Comerchero relayed that the Updated Traffic Circulation Study was not available for review by the Subcommittee, advising that the circulation issues would be investigated. With respect to Councilman Naggar's quedes regarding the Assessment Distdct analysis, Councilman Roberts advised that additional information would be brought back to the Council at a future date. City Manager Nelson relayed that the costs associated with the analysis would be funded by the developer, and not the City. Councilman Pratt noted that in his opinion, no Specific Plan Development could mitigate the associated adverse circulation impacts under the current traffic conditions; and relayed that an overall traffic analysis for the entire area would have to be conducted, inclusive of traffic mitigation measures, prior to his support of further development. Ms. Pamela Miod, 21881 Via Saltio, relayed her opposition to the project, as proposed, due to her concern with respect to the proposed densities; and submitted a petition encompassing approximately 130 signature of individuals, expressing their opposition to this particular project. For Mayor Stone, Deputy City Manager Thornhill relayed that the project's proposed densities would be reduced due to the environmental issues associated with the project. Councilman Pratt reiterated his recommendation for the provision of an extensive traffic analysis for the entire area in conjunction with the County, investigating mass transportation as a mitigating measure; and reiterated his opinion, that the development impacts in the City or the County could not be mitigated under the present circumstances. Mayor Stone relayed that the benefit of processing this project through the City was the issue of Land Use Authority, enabling the City to condition the project to ensure that the community would not be adversely impacted; recommended that the Planning Commission review the Rodpaugh Specific Plan as soon as possible in order for the City to make an expedient determination as to whether this project would be processed through the City; advised that the Assessment Distdct Study be conducted concurrently with a Planning Commission evaluation of the project; and relayed that if the project was ultimately processed through the County, that the City would specify to the County any negative impacts imposed on the City of Temecula with respect to this project. Relaying the Subcommittee's investigative process in pursuing the annexation matter due to the Land Use Authority issue, Mayor Pro Tern Comerchero advised that it was premature at this point to have the project evaluated by the Planing Commission for a determination as to whether the City should process this proposal; and recommend acquidng additional information (i.e., the data relayed to the Assessment Distdct Study, the environmental analysis) in order for the Planning Commission or the City Council to make an informed decision. Concurring with Mayor Pro Tem Comerchero's comments, Councilman Roberts relayed the additional data necessary pdor to evaluation of this proposed project (i.e., CETAP process, transportation issues, and environmental issues, input from the BIA). VVhile concurring with the need to address the aforementioned issues pdor to making a determination as to processing this particular project in the City, Councilman Naggar reiterated that if the project was processed through the County, that any negative impacts on the City of Temecula would then be relayed to the County in order for those issues to be addressed. Mayor Stone relayed that the report would be received and filed; and directed staff to continue the investigative processes status quo. 12 Consideretion of a Modified Annexation ProOosal for the Vail Ranch Area RECOMMENDATION: 12.1 Provide staff with direction on how to proceed with respect to a request received from a number of residents within the Vail Ranch area on their desire to modify the boundary of RedhawkA/ail Ranch annexation to exclude the Redhawk area. Relaying the process of attempting to annex the Redhawk/Vail Ranch area via the November 2, 1999 election at the request of the residents, Deputy City Manager Thornhill presented the staff report (per agenda material); specified the election results, noting that the Vail Ranch residents displayed support of the annexation with over ninety percent (90%) of the votes, relaying that the annexation failed due to the 2/3-majority vote not being received in the Redhawk area; appdsed the Council of the Vail Ranch residents subsequent request that the City consider the annexation of Vail Ranch, eliminating the Redhawk area from the proposed boundary; relayed that per staff contact, LAFCO indicated that they could support the proposal; specified LAFCO's requirements if it was the City's desire to pursue the separate annexation issue; relayed the potential for the annexation to be approved by LAFCO within 90 days of receipt of the required data; noted that due to the timing of the annexation, the City would need to develop an agreement with the County with respect to reimbursement for the costs of providing services, noting that City Attorney Thorson had relayed the feasibility of this agreement; specified the costs associated with the proposed annexation (denoted on page 2 of the staff report); and noted that staff had received two correspondences, both in opposition to the annexation (per supplemental agenda material). In light of the $17,000 costs associated with this annexation proposal Mayor Pro Tem Comerchero queried whether the additional expense would be justified. In response to Mayor Pro Tern Comerchero, Deputy City Manager Thornhill confirmed that the revenues generated form the commercial components in Vail Ranch would offset the costs; and provided additional information regarding the potential timing of the annexation process, and the revenues that the City would be requesting the County for reimbursement. City Attorney Thorson provided additional information regarding the need for provision of a Reimbursement Agreement with the County based on the fact that the City would be providing services for the area, while the County was collecting the taxes; and relayed that the Agreement would be formed and finalized prior to the City's agreement to the final annexation (within the 90- day LAFCO approval period). For Councilman Naggar, Deputy City Manager Thornhill relayed the Specific Plan applicable to this particular area, and noted that there were no new applications for commercial development in this area that staff was aware of. For Councilman Roberts, City Attorney Thorson provided additional information regarding the solid waste issues. The following individuals relayed their support of the annexation proposal: Mr. Bob Ritchie Ms. Charolette Fox [] Mr. Tyler Bailey [] Mr. Elton Ward 44773 Tehachapi Pass 32800 Hupa Drive 44763 Calle Banuelos 45322 Callesito Burgos The above-individuals relayed their support, expressing the following comments: · Noted the overwhelming support of the residents of Vail Ranch for the annexation. · Thanked Mayor Pro Tern Comerchero for requesting that the issue be agendized. · Commended the City for their support of the Vail Ranch residents' request. · Relayed the desire for participation in the City's recreational activities, paremedic services, and Police protection. · Noted that the absentee ballots also reflected support for the annexation. · Implored the Council to direct staff to pursue the annexation. For Mr. Ward, City Attomey Thorson advised that the decision to combine the annexation of the Vail Ranch and the Redhawk areas was based on LAFCO's criteria, noting that the City had no control over that matter; and provided additional information regarding Proposition 218, and the associated issues. Mayor Pro Tem Comerchero commented on the overwhelming number of Vail Ranch residents desidng to be Temecula residents; reviewed the election issues; and implored his fellow Councilmen to move forward with annexation. MOTION: Mayor Pro Tem Comerchero moved to direct Staff to proceed with the rescinding of the previous application for Redhawk/Vail Ranch, and then to proceed with a new application to complete the annexation of Vail Ranch. Councilman Roberts seconded the motion. Councilman Roberts relayed gratitude to the Vail Ranch residents for their support, offering his support to them. Councilman Naggar noted his support of the annexation, recommending that it be an expedient process. Mayor Stone noted his disappointment with the collective ballot results; relayed that he looked forward to the day that Mr, Elton Ward (a Redhawk resident) could be a Temecula resident, noting his faithful attendance to all of the Temecula City Council meetings; relayed the benefits related to residency in Temecula (i.e., emergency services); and commended Mr. Tyler Bailey (a 1 O-year old boy) for his comments relayed to the City Council related to this issue. At this time voice vote was taken, reflecting unanimous approval. 13 Award of Construction Contract for CateQorv III Immediate Intersection Improvements for MarQadta Road southbound lane to De Portola Road RECOMMENDATION: 13.1 Award a construction contract for Category III Immediate Improvements for an additional Margadta Road Southbound Lane at De Portola Road to McLaughlin Engineering & Mining, Inc., the amount of $43,681.00 and authorize the Mayor to execute the contract. 13,2 Authorize the City Manager to approve change orders not to exceed the contingency amount of 10% of the contract amount of $4,368.10, which is equal to 10% of the contract amount. Apprising the Council of the proposed intedm project, Director of Public Works Hughes presented the staff report (of record); relayed the costs associated with this particular project; for Councilman Naggar, specified the minimal lost efforts with respect to implementation of the project when the Ultimate Project was complete; and for Councilman Pratt, clarified the threshold cdteria for the requirement of Bonds. MOTION: Councilman Naggar moved to approve Staff Recommendation. Councilman Roberts seconded the motion and voice vote reflected unanimous approval. CITY MANAGER'S REPORT Echoing Mayor Pro Tern Comerchero's eadier comments, City Manager Nelson commended Supervisor Buster for his diligent efforts with respect to coordinating with the City regarding the proposed project for the construction of an additional eastbound lane on Highway 79 South. City Manager Nelson applauded the Public Works Department for their fine work regarding the Highway 79 South and the Margadta Road Improvement Projects, which would greatly improve traffic circulation throughout the City. CITY ATTORNEY'S REPORT No comments. ADJOURNMENT At 8:32 P.M., Mayor Stone formally adjoumed the City Council meeting to a regular meeting on Tuesday, December 14, 1999, at 7:00 P.M., City Council Chambers, 43200 Business Park Ddve, Temecula, California. J~ee~Mayor ATTEST:  ones~MC/AAE [SEAL]