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HomeMy WebLinkAbout032800 CC MinutesMINUTES OF AN ADJOURNED REGULAR MEETING OF THE TEMECULA CITY COUNCIL MARCH 28, 2000 The City Council convened in Closed Session at 6:00 P.M. The City Council convened in a regular meeting at 7:09 P.M., on Tuesday, March 28, 2000, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Councilmembers: Comerchero, Naggar, Pratt, Roberts, and Stone. Absent: Councilmember: None. PRELUDE MUSIC The prelude music was provided by Eve Craig. INVOCATION The invocation was given by Pastor William Rench of Calvary Baptist Church. ALLEGIANCE The salute to the Flag was led by Councilman Roberrs. PRESENTATIONS/PROCLAIVIATIONS Certificates of Appreciation to Police Officers Carver and Fanene for their efforts associated with the EverV 15 Minutes Proaram Police Officers Carver and Fanene provided an overview and commented on the efforts associated with the creation of this program, which was utilized to increase the awareness of alcohol usage for junior and senior students at Chaparral High School. Commending the Police Officers, Police Chief Domenoe as well commented on the efforts associated with the creation of this program and noted that many individuals/agencies were associated with making it the success it was. Mr. Domenoe advised that the video will be available for viewing. Mayor Stone commended those associated with this program on its success. Introduction of County Fire Chief Larry Benson City Fire Chief Brown introduced and welcomed County Fire Chief Larry Benson, who, in tum, shared past assignments experienced with the City and relayed his pleasure with having the Opportunity to again be working with the City. R:\Minutes\032800 1 Mayor Stone welcomed County Fire Chief Benson back to the City; commented on issues of importance to him with regard to response times in the City; discussed GIS computer accessibility on fire trucks; and requested that the use of GIS on fire trucks be considered dudng the upcoming Capital Improvement Program Workshop and that implementation of GIS be effective as of July 1, 2000. Mayor Stone as well requested that discussions continue with the County EMS Director with regard to the use of tracheotomies to ensure all available resources. Proclamation for the Boys and Gids Club of Temecula Mayor Stone presented the proclamation, which was accepted by Mr. J .J. Santa Cruz, who, in tum, on behalf of the Boys and Gids Club, thanked the City Council for its recognition. PUBLIC COMMENTS A. Mr. Dean Adawi, 30570 Southern Cross (Starlight Ridge South), commented on the lack of sidewalks in the neighborhood and, therefore, addressed the associated safety concerns with children walking to Vail Elementary School. In response to Mayor Stone, Public Works Director Hughes noted that yearly grant applications are submitted for the installation of sidewalks with Councilman Roberts bdefly commenting on the Budget and Implementation Committee's (Riverside County Transportation Committee) release of funds for the funding of such grants. Mayor Pro Tern Comerchero requested that the matter be included in the Capital Improvement Program to ensure that when funding is made available, the City will be in a position to proceed. B. Mr. Raul Herrera, 33243 Fox Road, advised the City Council that not all residents in his neighborhood have received the 2000 Census. CITY COUNCIL REPORTS A. Having attended a recent RTA meeting, Councilman Pratt advised that use of public transportation is a highly discussed item. Mr. Pratt as well commented on his delight with having had the opportunity to present the Student of the Month certificates and offered his services for next month. B. Advising that City staff will be playing a group of Police Officers in a game of basketball at the CRC on Thursday, March 30, 2000, Councilman Naggar welcomed public participation. C. Mayor Pro Tem Comerchero advised that the Northwest Sports Park Subcommittee had met on the afternoon of March 28, 2000 and that perspective consultants/designers were interviewed, noting that the estimated timeline for this project is July 2001, D. Advising that he and Councilman Naggar had met with the School District, Councilman Roberts noted that one topic of discussion was the swimming pool at Chapan'al High School and stated that the School District is discussing the installation of a 25 meter or 50 meter pool and associated costs. E. Councilman Roberts advised the Council and the viewing public of the' success of the City's Operation Enforce Responsible Alcohol Consumption in Temecula (E,R.A.C.I.T.) Program and commended the Police Department and the businesses on making it the success it is. R:\Minutes\032800 2 F. Applauding the efforts of the Subcommittee, Mayor Stone relayed his support of a 50 meter pool. G. In response to Mayor Stone, Councilman Naggar advised that although there are site constraints, although workable, the School District's primary issue of concern is financing a 50 meter pool. Councilman Naggar relayed his support for a 50 meter pool. H. Understanding the School Distdct's concern with regard to financing, Councilman Roberts noted that the final decision for the construction of a 50 meter pool should be that of the School Distdct and that the City should abide by the District's decision. I. Mayor Stone requested that the Finance Department provide information with regard to the RDA passthrough to the City with respect to the Mall property and questioned whether there is a cap on that allocation and whether such a cap would exist for the School D!stdct. Mr. Stone commented that, in his opinion, it is the City Council's responsibility to provide the highest quality amenities for adults/seniors/children and that the construction of a 50 meter would further assist in obtaining that responsibility. He requested that the City continue to closely work with the School District and that if it were determined that Chaparral High School were not a suitable location for a 50 meter pool, an alternate location should be explored. J. Mayor Pro Tem Comerchero, echoed by Councilman Pratt, relayed his support for the construction of a 50 meter pool. CONSENT CALENDAR StandaM O~inanceAdoption Procedure RECOMMENDATION: 1.1 Motion ~ waive the mading of thetext ofallo~inancesand resolutionsincludedin the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of January 18, 2000; 2.2 Approve the minutes of January 25, 2000; 2.3 Approve the minutes of February 8, 2000. (Councilman Naggar requested that page 8 of the January 25, 2000, minutes be corrected to accurately reflect the vote.) 3 Resolution APDrovincl List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: R:\Minutes\032800 3 RESOLUTION NO. 2000-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Automated Criminal Identification and Information System Settlement and Release Agreement RECOMMENDATION: 4.1 Approve the Settlement and Release Agreement between the City and the County of Riverside regarding the Automated Criminal Identification and Information System. Temecula Creek Line W, Stage 3, Storm Drain Project No. 7-0-0051 -Tract Map No. 24136 - Cooperat ve Agreement RECOMMENDATION: 5.1 Approve the Temecula Creek Line W, Stage 3, Storm Drain Project No. 7-0-0051, Tract Map No. 24136 - Cooperative Agreement with the Riverside County Flood Control and Water Conservation District and the CaI-Paseo Del Sol, LLC; 5.2 Authorize the execution and attestation of such agreement in its final form by the City Manager and City Clerk. 6 Parcel Map No. 29510 (located north of State Route 79 South, west of Marcladta Road) RECOMMENDATION: 6.1 Approve Parcel Map No. 29510 in conformance with the Conditions of Approval; 6.2 Approve the Subdivision Improvement Agreement; 6.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as secudty for the agreements. MOTION: Mayor Pro Tem Comerchero moved to approve Consent Calendar Item Nos. 1-6 (Item No. 2.2 as amended). The motion was seconded by Councilman Naggar and voice vote reflected unanimous approval. At 7:48 P.M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:57 P.M., Mayor Stone called a short recess and 8:11 P.M., the City Council resumed with regularly scheduled City Council business. R:\Minutes\032800 4 PUBLIC HEARING Plannina Application No. PA99-0244 (General Plan Amendment), Planning Application No. PA99-0245 (Zoning Amendment), and Planning Application No. PA99-0243 (Tentative Tract Map No, 29286) RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 2000-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AirlENDING THE SPECIFIC PLAN OVERLAY MAP (FIGURE 2-5) OF THE GENERAL PLAN (PLANNING APPLICATION NO. PA99-0244) FOR THE PROPERTY LOCATED ON THE EAST SIDE OF IVlARGARITA ROAD AT THE NORTHERN CITY LIlYlIT AND KNOWN AS ASSESSOR'S PARCEL NUMBER 911-640-003 7.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 2000-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AirlENDING THE ZONING MAP TO CHANGE THE ZONING FROM SP (SPECIFIC PLAN) TO LOW MEDIUIVI DENSITY RESIDENTIAL ON THE PROPERTY LOCATED ON THE EAST SIDE OF MARGARITA ROAD AT THE NORTHERN CITY LIMIT AND KNOWN AS ASSESSOR'S PARCEL NUMBER 911-640-003 (PLANNING APPLICATION NO, PA99~0245) (Introduced and read by title only by City Attorney Thorson.) 7.3 Adopt a resolution entitled: RESOLUTION NO. 2000-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OF PLANNING APPLICATION NO. PA99-0243 FOR TENTATIVE TRACT NO. 29286 FOR THE SUBDIVISION OF 9.75 ACRES INTO 38 RESIDENTIAL LOTS FOR THE PROPERTY LOCATED ON THE EAST SIDE OF MARGARITA ROAD AT THE NORTHERN CITY LIMIT AND KNOWN AS ASSESSOR'S PARCEL NUMBER 911-640-003 By way of overheads, Deputy City Manager Thornhill presented the staff report (as per agenda material); clarified the request; commented on the proposed improvements which will be funded by way of the Assessment District; and relayed staff's concurrence with the Planning Commission's decision for approval. R:\Minutes\032800 5 Providing an update on the interchange at I-15 (SR 79 at Murrieta Hot Spdngs Road), Councilman Roberrs relayed his support of the request. Mayor Stone as well commented on the improvements that will be paid by the Assessment District, noting that the Assessment District was redeemed by Lennar. In light of the significant improvements and its benefits to the community, Mr. Guerriero (Chairman of the Planning Commission) advised that the Planning Commission relayed no objections to any of the Specific Plan requests. Mr. Bill Storm, Lennar representative, advised that he was in attendance to address any questions and relayed his concurrence with the proposed conditions of approval. At this time, Mayor Stone opened the public hearing. There being no public input, the hearing was closed. Although having previously expressed concern with density, Councilman Naggar noted that with regard to this project, sufficient amenities warrant the increase in density to the middle range of the allowable density. Mayor Pro Tem Comerchero, echoed by Councilman Roberts, further clarified that the General Plan target density range is 4.5 and that this project is at 3.9 and, therefore, relayed his support of the request. Because of the redemption of the Assessment District and the regional improvements as a result of this project and, therefore, the benefits to the City, Mayor Stone relayed his support of the request. iViOTION: Mayor Pro Tem Comerchero moved to approve staff recommendation with the added language as follows: that all lots of Tentative Tract Map No. 29286 shall have language recorded on the Department of Real Estate (VVhite Report) reflecting that Date Street has been designated as a major roadway on the General Plan and that it is expected to connect State Route 79 at Murrieta Hot Springs Road with an interchange at Interstate 15 and that an acoustical analysis shall be required prior to the issuance of the building permit to ensure compliance with exterior and interior residential noise levels contained in the General Plan residential noise standards. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. COUNCIL BUSINESS 8 Neic~hborhood Traffic Calmine Pro.Gram RECOMMENDATION: 8.1 Approve the Neighborhood Traffic Calming Program. Public Works Director Hughes reviewed the staff report (as per agenda material). Councilman Pratt spoke in support of this process and commented on how it will assist in the success of the City's Growth Management Plan. Mr. Pratt as well commented on the success the use of radar trailers on reducing speed. R:\Minutes\032800 6 Ms. Carol Post, 32544 San Marco Drive, requested that at a minimum, speed limit signs be installed throughout Paloma del Sol. In response to Ms. Post, Mayor Pro Tern Comerchero advised that the Traffic Awareness Committee is considering the implementation of a hotline number for those habitual offenders. Ms. Cindy Mathes, 39797 North General Kearny Road, thanked the City Council for its support with regard to this issue; spoke in support of the implementation of a hotline; and commented on the existing speeding problem in her neighborhood. Councilman Roberts advised that a portion of North General Keamy Road, which travels to the school, is actually located in the County. Mr. William Kelley, 31542 Via San Carlos, commended staff on its efforts associated with this matter and expressed some reluctancy to the use of a hotline to report habitual offenders. Having completed a survey throughout her neighborhood with regard to the traffic circles, Ms. Candace Whitmore, 31795 Via Cordoba, advised that it was the neighborhood's consensus that the circles did slow down drivers but that the speed increased between the circles. She recommended the use of additional police enforcement to create public awareness to the speeding problem. Being concerned with the travel speed on her street, Ms. Jerrianne Franklin, 44992 Via Lucia, recommended the installation of speed bumps. Mayor Stone concurred with use of additional, random police enforcement in order to address specific areas of concern and the Subcommittee, comprised of Mayor Stone and Public Traffic Safety Chairman Connerton, create the SAF-T NET Team (Safer Avenues for Temecula Neighborhood Enforcement Team) to further address speeding concerns throughout the City. Versus the hidng of an additional police officer, Councilman Roberts suggested providing additional enforcement on an overtime basis. MOTION: Councilman Naggar moved to approve the staff recommendation with the following additions: that additional police enforcement be provided (8 hours); that a hotline be provided to report habitual offenders; and that a Subcommittee, comprised of Mayor Stone and Public Traffic Safety Chairman Connerton, be created to explore the development of the SAF-T NET Team. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. 9 Evaluation of Traffic Circles on Via Cordoba RECOMMENDATION: 9.1 Find the temporary traffic calming devices ineffective at reducing overall vehicular speeds along Via Cordoba; 9.2 Direct Public Works Traffic Division staff to remove the temporary traffic calming devices along Via Cordoba; 9.3 Direct Public Works Traffic Division staff to work with neighborhood representatives to implement Stage 1 Neighborhood Traffic Calming Program strategies to address the problem. R:\Minutes\032800 7 Public Works Director Hughes reviewed the staff report (of record) and relayed staffs opinion that the temporary traffic circles have been ineffective in reducing speeds. In response to Mayor Pro Tern Comerchero, Public Works Director Hughes noted that Via Cordoba was odginally designed to function as a local residential collector (a feeder street) and that it is currently function as such. He noted that random police enforcement would be the most effective deterrent to speeding. In light of the ineffectiveness of the temporary traffic circles, Councilman Roberts spoke in support of additional police enforcement. Commending the Public Works Department on its efforts associated with this issue, Mayor Stone, in light of the available resources to the City, echoed the use of additional police enforcement. Mayor Pro Tem Comerchero commended Public Works Director Hughes on his initial encouragement to the City Council to construct temporary traffic circles versus permanent ones. Mr. Charles Hankley, 31745 Via Cordoba, as well concurred with the use of additional police enforcement; noted that the traffic circles slowed traffic specifically at the intersections and that the circles as well decreased the amount of cut-through traffic of large vehicles. By way of overheads, Mr. Matthew Dixon, 31860 Via Cordoba, commented on the benefits the traffic circles provided and noted that other speed reduction measures should have been implemented in conjunction with the traffic circles. In response to Mr. Dixon, Public Works Director Hughes noted that staff reviewed the success of the traffic circles based on the entire street not just the effectiveness at particular intersections and, therefore, stated that it would be staffs opinion that the circles were ineffective for the entire street. Mr. Frank Romero, 31940 Via Cordoba, noted that, in his opinion, the public was not properly informed with regard to the installation and function of traffic circles and concurred that additional police enforcement would be the most effective measure to reduce speed. Mr. Bdan Matanane, 32080 Via Cordoba, relayed his opinion as to the ineffectiveness of the traffic circles; expressed concern with the amount of cut-through traffic; and recommended that the area of discussion be converted to a gated community. Police Chief Domenoe, in response to Mayor Stone, noted that although he does not have specific statistics available at this time, 50% of the ticketed offenders are usually residents of that particular neighborhood. Mr. William Kelley, 31542 Via San Carlos, noted that although the traffic circles were ineffective, the public was not prepedy notified of the installation and usage of them. Mr. Kelley relayed his support of focusing on the reduction of speed with additional police enforcement. Mr. Bruce Fosdike, 45033 Corte Zorita, noted that, in his opinion, traffic circles have reduced the speed but stated that the installation of traffic circles should be considered in the predevelopment stages. He encouraged the City Council to continue to explore measures to slow down traffic and commended the Council on its proactive approach. Concurring with Councilman Pratt, Mayor Stone noted that the installation of these traffic circles should be considered in the planning stages. R:\Minutes\032800 8 To ensure that all Via Cordoba residents have had the opportunity to express their concerns, Mayor Pro Tern Comerchero suggested the scheduling of a neighborhood meeting and that no action be taken this evening with regard to this issue. Mayor Stone suggested that random police enforcement be provided throe times a week in the morning, afternoon, and evening and that the received data(demographics and number of tickets) be provided to the City Council prior to the neighborhood meeting. In order to schedule the neighborhood meeting, Mayor Stone suggested the formation of Subcommittee, comprised of Mayor Stone, Mayor Pro Tern Comerchero, Public Works Director Hughes, and Police Chief Domehoe and noted that this neighborhood meeting be coordinated with Mr. Kelley, President of the Homeowners Association. Councilman Naggar roquested that random police enforcement be provided on Saturday mornings and suggested that soccer groups be encouraged to use alternate routes to the neighboring park, ~/tOTION: Mayor Pro Tern Comerchero moved that this item be continued; that a subcommittee, comprised of Mayor Stone, Mayor Pro Tern Comerchero, Public Works Diroctor Hughes, and Police Chief Domenoe, be formed; that this meeting with the Via Cordoba rosidents be coordinated with Mr. Kelley. President of the Homeowners Association; and that random police enforcement be provided three times a week in the morning, afternoon, and evening. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. 10 Discussion of the Naming of Pala Bridqe (Placed on the agenda at the roquest of Councilman Roberts) RECOMMENDATION: 10.1 Oral report will be given by Councilman Roberts. Providing background information as to Mr. Gilliss' involvement with the Pala Bridge and as well as numerous other projects throughout the City, Councilman Roberts referonced a petition supporting the naming of Pala Bridge in honor of Mr. Max Gilliss; noted that Mr, Gilliss is deserving of such recognition; and requested that the Pala Bridge be named in honor of Mr. Max Gilliss. Having discussed this proposal with Mark Macarro (Pechanga Tribe), Councilman Roberts relayed his support of the proposal but advised that the Pechanga Tribal Council has not reviewed it yet and that the proposal should be contingent upon the Tribal Council's approval. Concurring with Councilman Roberts' suggestion, Mayor Stone recommended the placement of a plaque, depicting joint rocegnition from the City and the Tribal Council to Mr. Max Gilliss. Councilman Roberts voiced concurrence with Mayor Stone's rocemmendation. Public Works Diroctor Hughes advised that four dedication plaques will be irabedded into the bddge - two from the City and two from Pechanga, Councilman Naggar suggested that the naming of the bridge be opened to the public. R:\Minutes\032800 9 Although he would normally concur with opening the naming of the bridge to the public, Mayor Pro Tern Comerchero noted that in this particular incident, there is nobody else and that it would be very appropriate to honor Mr. Max Gilliss. In light of its historical significance, Councilman Pratt relayed opposition to renaming the bridge. Public Works Director Hughes advised that the old Paia Bridge will be demolished because of costly defects and structural damage and because the hydraulics and design of the creek under the new bddge is not compatible with the old bridge. MOTION: Councilman Roberts moved to approve the naming Pala Bddge as the Max Gilliss Bddge contingent upon approval from the Pechanga Tribal Council. The motion was seconded by Mayor Pro Tern Comerchero and voice vote reflected approval with the exception of Councilman Naggar who voted n_9o and Councilman Pratt who abstained, 11 Wild and Exotic Animal Ordinance (Placed on the agenda at the request of Councilman Roberts) RECOMMENDATION: 11.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 2000- AN ORDINANCE OF THE CITY OF TEMECULA, CALIFORNIA, ADDING CHAPTER 6.12 TO THE TEMECULA MUNICIPAL CODE PROHIBITING THE DISPLAY OF WILD OR EXOTIC ANIMALS FOR ENTERTAINMENT OR AMUSEMENT PURPOSES Councilman Roberts requested that this item be continued for 30 days. MOTION: Councilman Roberts moved to continue this item for 30 days. The motion was seconded by Mayor Pro Tern Comerchero and voice vote reflected unanimous approval. 12 Public/Traffic Safety Commission Appointment RECOMMENDATION: 12.1 Appoint one applicant to serve an unexpired term on the Public/Traffic Safety Commission through October 10, 2000. City Clerk Jones reviewed the staff report (of record), advising that the Subcommittee, comprised of Mayor Stone and Councilman Roberts, have reviewed the applications and that Mayor Stone has recommended Mr. Scott Lanier and that Councilman Roberts would be making his recommendation this evening. Commenting on the highly qualified applicants, Councilman Roberts noted that it was a difficult decision but that he would as well support Mr. Scott Lanier. R:\Minutes\032800 10 ~OTIOhh Councilman Naggar moved to appoint Mr. Scott Lanier to the Public Traffic Safety Commission. The motion was seconded by Councilman Pratt and voice vote reflected unanimous approval. Mayor Pro Tern Comerchero as well commented on the highly qualified applicants and encouraged them to reapply for future openings. 13 Consideration of Adoption of Resolution of Necessity for the acquisition in Eminent Domain of an easement in connection with the Pala Bridcle Project - Project No. PW97-15 RECOMMENDATION: 13.1 Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from staff the evidence stated and referred to in this Report, take testimony from any person wishing to be heard on issues A, B, C, and D below and consider all the evidence to determine whether to adopt the proposed Resolution, which requires a unanimous or 4/5ths vote; 13,2 If the City Council finds, based upon the evidence contained in and referred to in this Report, the testimony and comments received in this hearing, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then the staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 2000- (which requires a 4/5ths vote of the entire Council) and authorize that an eminent domain proceeding be filed to acquire Certain Property Interests ("Subject Property Interest") in the real property commonly known as Assessor's Parcel No. 961-010-006 and more fully described in the legal descriptions attached hereto collectively as Exhibit "1 ," which also contains maps showing the location of the Subject Property Interests in relation to the proposed Mitigation Site Easement. A map of the Project Area showing roughly the location of the subject Property Interests is attached hereto as Exhibit "2." Exhibits "1" and "2" are incorporated in this Report by this reference. 13.3 Adopt a resolution entitled: RESOLUTION NO. 2000-25 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF TEIVIECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE PROPOSED MITIGATION SITE EASEMENT FOR THE PALA ROAD BRIDGE CAPTIAL IMPROVEMENT PROJECT City Attomey Thorson presented the staff report (as per agenda material), advising that the adoption of a Resolution of Necessity would require a four-fifths vote by the City Council. Referencing letters from the property owner's attorney, Mr. Thorson noted the following: Legal description - the legal description describes areas to be taken and the Offer Letter confirms that it is a five-year term over the MWD easement and that it is a noR-exclusive easement; R:\Minutes\032800 11 o Specific time frame listed - the five years would begin upon the commencement of the date of possession; that the City does not need to access the property more than a few times a year; o Resolution of Necessity - Exhibit is listed as A and B and he recommended that the Exhibit be designated as Exhibit 1 with 2 pages 1A and 1B; o Value of the property - not an issue before the Council this evening. Mr. Charles Christensen, 444 West C Street, San Diego, attorney representing the property owner (Old Vail Partners), advised that the property owner is not opposing to the granting of this easement but is requesting a continuance in order to address some issues of concern, noting the following: o Legal description o Nature and scope of the easement o Appraisal statement o Relocation of easement o Width of the proposed easement (25') o Continued negotiation If the City Council were to adopt the Resolution of Necessity this evening, Mr. Christensen requested that a provision be included to allow the relocation of the easement to another location at a subsequent time of the development of the property proves the alignment chosen by the City were not consistent or compatible with the Resolution of Necessity. In response to Mr. Christensen, City Attorney Thorson stated the following: City has complied with the requirements of the law; Offer Letter sent to the property owner did include all information required by the statute; City is not required to provide to the owner an appraisal, only a statement that explains that a qualified real estate appraiser performed the appraisal and the basis on which it was completed; Addition of a clause to allow relocation of the easement upon development would be acceptable and that the width of the easement could be reviewed at that time; VVidth of a 25' easement is necessary based on the type of use; Type of use - access easement would include vehicle traffic; Necessary environmental clearances have been obtained; Legal description accurately corresponds with the identification of the property; Resolution of Necessity, by reference, does include the acreage and definition of the five-year mitigation site easement, noting that the easement is non-exclusive. City Attorney Thorson reiterated that adoption of the resolution will require a four-fifths vote by the Council; that the access easement is located over an existing easement; that there is no current designation to any activity on the site; that the property is vacant; and reiterated no objection to a clause with regard to relocation. Mr. Thorson noted that negotiation, as requested by Mr. Christensen, would be feasible even after the adoption of this resolution. i~IOTION: Councilman Roberts moved to approve staff recommendation with the addition of a clause that the easement may be retocated upon mutual agreement. The motion was seconded by Councilman Naggar and voice vote reflected unanimous approval. R:\Minutes\032800 12 14 City Council Policy (Staff Time) (Placed on the agenda at the request of Mayor Stone) RECOMMENDATION: 14.1 Consider adopting the City Council Policy regarding staff time. Assistant to the City Manager Yates presented the staff report (of record). Advising that the proposed policy provides flexibility to the City Manager to review each request on a case-by-case basis, City Manager Nelson noted that this policy would only pertain to requests that would require five or more hours. Considering the City Council has not adopted such a policy in the past, Councilman Pratt requested why the adoption of one now and spoke in opposition to it. Commenting on the purpose for such a policy, Mayor Stone advised that in the past City Councilmembers have undertaken special projects without support of the majority of the Council and, thereby, expending an exorbitant amount of staff time. Because the City has numerous needs to address, Mayor Stone stated that for staff to maintain the focus and the direction of the majority of the City Council, such special projects could inundate staff. Mr. Stone noted that the approval of such a policy will not preclude any Councilman from following through on special projects, noting that the Councilman may bring his request to the City Manager, who, in turn, would agendize it in order to ensure City Council support. City Manager Nelson reiterated that any Councilmember may request to have an item placed on the agenda. Mr. Edward Cowan, 32203 Corte Carmel, relayed his opposition to the approval of such a policy. Advising that the policy is not intended to stifle a Councilmember, Mayor Stone, echoed by Mayor Pro Tem Comerchero, noted that for those projects which require more than five hours, it is merely a measure to ensure these projects have the concurrence from the majority of the Council pdor to staff expending an exorbitant amount of time and stated that if it were determined that the policy were not workable, it could always be reevaluated. Viewing the approval of such a policy as ill-timed, Councilman Naggar relayed his opposition to the policy. W~th regard to Policy No. 5, Mayor Pro Tem Comerchero clarified that minimal in nature could be defined as the answering of a question or clarification which could be provided by way of a phone call or in person versus the generation of a report. City Manager Nelson noted that staff will do everything possible to make this policy a workable one and that staff will continue to be as helpful and cooperative as possible. iVIOTION: Mayor Pro Tem Comerchero moved to approve staff recommendation. The motion was seconded by Councilman Roberts and voice vote reflected approval with the exception of Councilman Naggar and Councilman Pratt who voted n_9o. R:\Minutes\032800 13 15 Appointment of two City Councilmembers to participate in the County General Plan Update Committees RECOMMENDATION: 15.1 Appoint one Councilmember to attend the County General Plan Update Committee (RCIP) meetings and appoint one Councilmember to attend the Multi-Species Habitat Conservation Plan Committee (MSHCP) meetings. Following some discussion, the following motion was offered: MOTION: Councilman Pratt moved to appoint Mayor Pro Tem Comerchero to the County General Plan Update Committee (RCIP) and Councilman Naggar to the Multi-Species Habitat Conservation Plan Committee (MSHCP). The motion was seconded by Mayor Pro Tern Comerchero and voice vote reflected unanimous approval. 16 Appointment of two City Councilmembers to the City General Plan Update Committee RECOMMENDATION: 16.1 Appoint two Councilmembers to serve on the City's General Plan Update Committee. Following a brief discussion, the following motion was offered: MOTION: Mayor Stone moved to appoint Mayor Pro Tem Comerchero and Councilman Naggar to the City's General Plan Update Committee. The motion was seconded by Councilman Naggar and voice vote reflected unanimous approval. CITY MANAGER'S REPORT City Manager Nelson relayed the delight of Mr. Richard Lashbrook, RCIP representative, with the two City Council appointments in order to have additional City representation as it relates to the RCIP. Mr. Nelson advised that a RCIP Workshop has tentatively been scheduled for Thursday, April 27, 2000, at 6:00 P.M. Deputy City Manager Thornhill informed the Council that progress updates with regard to Growth Management will be provided at the next City Council meeting, in writing, to Mayor Pro Tern Comerchero and Councilman Naggar. Mr. Nelson advised that City staff will be representing the City at a County Planning Commission on Wednesday, March 29, 2000, with regard to the City's interest on a particular residential project within the City's sphere. CITY ATTORNEY'S REPORT City Attorney Thorson advised that no action was taken in Closed Session; that City Council gave direction with respect to the one litigation item; and that with respect to the one real property matter, a final decision would be made in Open Session. R:\Minutes\032800 14 ADJOURNiVlENT At 11:04 P.M., the City Council meeting was formally adjourned to Tuesday, Apdl 11, 2000, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: J0ne~;, MC (~~'~J~ffr~e, Mayor R:\Minutes\032800 15