Loading...
HomeMy WebLinkAbout102202 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL OCTOBER 22, 2002 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, October 22, 2002, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Councilmembers: Comerchero, Naggar, Pratt, Stone, Roberts Absent: Councilmember: None PRELUDE MUSIC The prelude music was provided by Amanda Madrid. INVOCATION The invocation was given by Pastor Gary Nelson of Calvary Church. ALLEGIANCE The flag ceremony was presented by Cub Scout Pack No. 337. PRESENTATIONS/PROCLAMATIONS Certificate of Achievement to Hillcrest Academy Advising that the Academy will be celebrating its 25th Anniversary, Saturday, October 26, 2002, at the campus, 1:00 P.M. - 4:00 P.M., Principal Maureen Manion invited the Council and public to attend the celebration and thanked the City Council for its special recognition. At this time, Hillcrest third graders and their teacher, Mrs. Tansley, performed for the City Council. Presentation of $5,000 to the Fire Department for the Purchase of a trailer Ms. Susan Norton and Ms. Sandy Carlisle of Guidant Corporation presented a $5,000 check to Fire Safety Specialist Horton and City Fire Chief Windsor, who, in turn, extended their appreciation to Guidant Corporation and advised that the funds would be used for the purchase of a Fire Prevention trailer for the enhancement of community information/education programs. PUBLIC COMMENTS A. Mr. Pat Vesey, 28192 Tierra Vista, representing the Drifters' Car Club, Veterans of Foreign Wars, and P&R Productions, presented to the City Council a commemorative poster of the Temecula Fall Rod Run Event and thanked the City for its support and advised that the event raised over $19,000 for the Veterans of Foreign Wars. B. Mr. Otto Baron, 28681 Pujol Street, referenced a citation which had been issued with regard to his property and continued to explain to the City Council how his property rights have been violated. R:\Minutes\102202 1 C. Advising that she owns a shop in Old Town, Ms. Lorena Spencer, 43104 Agena Street, expressed concern with the competition that the Farmers' Market has created for the Old Town merchants, noting that Farmers' Market vendors are not required to pay taxes. Ms. Spencer, as well, expressed concern with the lack of a sidewalk for those businesses located on Fifth Street. Mayor Roberts advised that Councilman Naggar, at a previous meeting, had requested that staff address the concern with regard to the Farmers' Market and noted that staff will contact her with regard to the sidewalk issue. D. Mr. Steve Chavez, 39810 Golden Rod Road, requested that Agenda Item No. 13 (All- Way Stop Sign Installation [located at North General Kearny Road and Golden Rod Road]) be continued. CITY COUNCIL REPORTS A. Councilman Naggar commented on the upcoming discussion of the Master Plan for the Wolf Creek Sports Complex and advised that the Murrieta Creek Flood Control has requested to make a presentation with regard to Creek area improvements including trails and recreation. B. Having, in the past, spoken in opposition to City policies and having questioned staff's judgment with regard to traffic and public transportation, Councilman Pratt clarified that his questioning of staff's judgment and his speaking in opposition to staff's opinion by no means would infer that staff would not be capable but merely that staff's opinion differs from his opinion. C. Commenting on this City's zero graffiti tolerance, Mayor Pro Tern Stone apprised the Council that it has been brought to his attention that there may be a resurgence of graffiti and, therefore, he requested that the City's existing graffiti ordinance be readdressed in order toe educate the businesses of this community. D. Advising that he attended a UCLA symposium entitled Tackling Traffic Congestion, Mayor Roberts commented on the varies opinions and that he will share the information with his fellow colleagues. CONSENT CALENDAR Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motionto waivethereading ofthete~ ofallordinancesandresolutionsincludedinthe agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of September 17, 2002. (Councilman Naggar abstained with regard to this item.) R:\Minutes\102202 2 3 Resotution Approvinq List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 02-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Community Service Fundinq Program RECOMMENDATION: 4.1 Review and approve the 2002-03 Community Service Funding Program grants as per the committee's recommendation of 42 organizations totaling $113,900. (Pulled for separate discussion; see page 4; Mayor Roberts abstained with regard to the Habitat for Humanity funding.) 5 Support of the Riverside County Board of Superviso!'s Rescission of Specific Plan No. 172 RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 02-97 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE COUNTY'S PROPOSAL TO RESCIND SPECIFIC PLAN NO. 172 (WALKER BASIN) AND DECREASE THE RESIDENTIAL DENSITY FROM FOUR (4) DWELLING UNITS PER ACRE TO ONE DWELLING UNIT PER FIVE (5) ACRES 6 Crowne Hill Parks Fee and Dedication Aqreement RECOMMENDATION: 6.1 Approve the Parks Fee and Dedication Agreement between the City of Temecula and Greystone Homes, Inc. (Tract Nos. 23143 and 26941); 6.2 Approve the First Amendment to Parkland/Landscape Improvement Agreement Tract No. 23143 Park Site A; 6.3 Approve the First Amendment to Parkland/Landscape Improvement Agreement Tract 23143 Park Site F. R:\Minutes\102202 3 Purchase of Police Motorcycles RECOMMENDATION: 7.1 Approve the purchase of two 2003 Police Road King motorcycles from Quaid Harley Davidson for a total amount of $38,740.30 8 Second Reading of Ordinance No. 02-05 RECOMMENDATION: 8.1 Adopt an ordinance entitled: ORDINANCE NO. 02-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION PA00- 0139, A CHANGE OF ZONE FROM PROFESSIONAL OFFICE (PO) AND MEDIUM DENSITY RESIDENTIAL (M) TO PLANNED DEVELOPMENT OVERLAY (PDO), AND ADOPTING THE STANDARDS AND REGULATIONS CONTAINED IN THE ACCOMPANYING PDO DOCUMENT, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD, WEST OF COSMIC ROAD AND EAST OF THE MORAGA ROAD INTERSECTION OF RANCHO CALIFORNIA ROAD KNOWN AS ASSESSORS PARCEL NO(S). 944-290-012, 013,014 MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1 - 3 and 5 - 8 (Item No. 4 was pulled for separate discussion; see page below). The motion was seconded by Mayor Pro Tem Stone and voice vote reflected approval with the exception of Councilman Comerchero who was absent, Councilman Naggar who abstained with regard to Item No. 2, and Mayor Roberts who abstained with regard to Habitat Humanity Funding with regard to Item No. 4. CONSENT CALENDAR ITEMS CONSIDERED UNDER SEPARATE DISCUSSION 4 Communitv Service Fundinq Proqram RECOMMENDATION: 4.1 Review and approve the 2002-03 Community Service Funding Program grants as per the committee's recommendation of 42 organizations totaling $113,900. Serving as a Board of Director, Mayor Roberts advised that he would be abstaining with regard to the Habitat for Humanity funding ($5,000). MOTION: Councilman Naggar moved to approve staff recommendation with regard to funding for Habitat for Humanity. The motion was seconded by Councilman Pratt and voice vote reflected approval with the exception of Mayor Roberts who abstained and Councilman Comerchero who was .absent. R:\Minutes\102202 4 MOTION: Councilman Naggar moved to approve staff recommendation with the exclusion of Habitat for Humanity. The motion was seconded by Mayor Pro Tem Stone and voice vote reflected approval with the exception of Councilman Comerchero who was absent. Highlighting the function of this program, Mayor Pro Tern Stone commented on the subcommittee's recommendation to allocate $114,000, advising that additional monies were available for emergency requests; thanked Subcommittee member Naggar for his time; and thanked the City Council for its support of the subcommittee's recommendation. At 7:46 P M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. After a short recess, the City Council Meeting resumed at 8:05 P.M. PUBLIC HEARING 9 Adoption of California Building Codes RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 02-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT MODIFICATIONS TO CHAPTER 15.04 OF THE TEMECULA MUNICIPAL CODE, AMENDING THE 2001 EDITION OF THE CALIFORNIA BUILDING CODE, THE 2001 EDITION OF THE CALIFORNIA ELECTRICAL CODE, THE 2001 EDITION OF THE CALIFORNIA MECHANICAL CODE AND THE 2001 EDITION OF THE CALIFORNIA PLUMBING CODES; THE 1999 EDITION OF THE UNIFORM ADMINISTRATIVE CODE; THE 2000 EDITION OF THE INTERNATIONAL CODE FOR ABATEMENT OF DANGEROUS BUILDINGS; THE 2001 EDITION OF THE CALIFORNIA HOUSING CODE; AND THE 2000 EDITION OF THE UNIFORM SWIMMING POOL, SPA, AND HOT TUB CODE ARE REASONABLE AND NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE 9.2 Adopt an ordinance entitled: R:\Minutes\102202 5 ORDINANCE NO. 02-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 15.04 OF THE TEMECULA MUNICIPAL CODE TO ADOPT BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 2001 EDITION OF THE CALIFORNIA BUILDING CODE; THE 2001 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE 2001 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 2001 EDITION OF THE CALIFORNIA ELECTRICAL CODE; THE 1999 EDITION OF THE UNIFORM ADMINISTRATIVE CODE; THE 2000 EDITION OF THE INTERNATIONAL CODE FOR ABATEMENT OF DANGEROUS BUILDINGS; THE 2001 EDITION OF THE CALIFORNIA HOUSING CODE; AND THE 2000 EDITION OF THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE ARE REASONABLE AND NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE 9.3 Adopt an urgency ordinance entitled: URGENCY ORDINANCE NO. 02-08 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 15.04 OF THE TEMECULA MUNICIPAL CODE TO ADOPT BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 2001 EDITION OF THE CALIFORNIA BUILDING CODE; THE 2001 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE 2001 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 2001 EDITION OF THE CALIFORNIA ELECTRICAL CODE; THE 1999 EDITION OF THE UNIFORM ADMINISTRATIVE CODE; THE 2000 EDITION OF THE INTERNATIONAL CODE FOR ABATEMENT OF DANGEROUS BUILDINGS; THE 2001 EDITION OF THE CALIFORNIA HOUSING CODE; AND THE 2000 EDITION OF THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE ARE RESPONSIBLE AND NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE Deputy Building Official Harold reviewed the proposed recommendation. At this time, Mayor Roberts opened the public hearing. There being no public input, the public hearing was closed. MOTION: Councilman Naggar moved to approve staff recommendation 9.1 and 9.2. The motion was seconded by Mayor Pro Tem Stone and voice vote reflected approval with the exception of Councilman Comerchero who was absent. City Attorney Thorson read the Urgency Ordinance by title and advised that its adoption would require a four-fifths vote. R:\Minutes\102202 6 MOTION: Councilman Naggar moved to approve staff recommendation 9.3. The motion was seconded by Mayor Pro Tern Stone and voice vote reflected approval with the exception of Councilman Comerchero who was absent. 10 Adoption of California Fire Codes RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 02-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT MODIFICATIONS TO CHAPTER 15.16 OF THE TEMECULA MUNICIPAL CODE, AMENDING THE CALIFORNIA FIRE CODE, CCR TITLE 24 PART 9, 2001 EDITION, ARE REASONABLE AND NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE 10.2 Adopt an ordinance entitled: ORDINANCE NO. 02-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING CHAPTER 15.16 OF THE TEMECULA MUNICIPAL CODE BY ADOPTING BY REFERENCE THE CALIFORNIA FIRE CODE VOLUME 1, CCR TITLE 24 PART 9, 2001 EDITION AND THE UNIFORM FIRE CODE STANDARDS VOLUME 2, 2000 EDITION 10.3 Adopt an urgency ordinance entitled: URGENCY ORDINANCE NO. 02-09 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING CHAPTER 15.16 OF THE TEMECULA MUNICIPAL CODE BY ADOPTING BY REFERENCE THE CALIFORNIA FIRE CODE VOLUME 1, CCR TITLE 24 PART 9, 2001 EDITION AND THE UNIFORM FIRE CODE STANDARDS VOLUME 2, 2000 EDITION Fire Marshall McBride reviewed the staff report (as per agenda material). At this time, Mayor Roberts opened the public hearing. There being no public input, the public hearing was closed. MOTION: Councilman Naggar moved to approve staff recommendation 10.1 and 10.2. The motion was seconded by Mayor Pro Tern Stone and voice vote reflected approval with the exception of Councilman Comerchero who was absent. City Attorney Thorson read the Urgency Ordinance by title and advised that its adoption would require a four-fifths vote. R:\Minutes\102202 7 MOTION: Councilman Naggar moved to approve staff recommendation 10.3. The motion was seconded by Mayor Pro Tern Stone and voice vote reflected approval with the exception of Councilman Comerchero who was absent. 11 Development Agreement with Advanced Cardiovascular Systems (ACS), Inc. a subsidiarY of the Gu dant Corporation (Plannin.q Application No. 02-0217) RECOMMENDATION: 11.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 02-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION FOR AND APPROVING THE DEVELOPMENT AGREEMENT WITH ADVANCED CARDIOVASCULAR SYSTEMS, INC., A SUBSIDIARY OF GUIDANT CORPORATION (PLANNING APPLICATION NO. 02-0217) Although Mayor Roberts owns limited stock in Guidant Corporation, City Attorney Thorson advised that, under the requirements of the Political Reform Act, Mayor Roberts may participate in the discussion and may vote with regard to this matter. Assistant City Manager O'Grady reviewed the staff report (of record), highlighting the proposed corporate expansion as well as the proposed Development Agreements. Commenting on the efforts undertaken by many in order to accomplish this task, Mr. O'Grady recognized the efforts of the Public Works Department, Fire Department, Building and Safety Department, Planning Department, Mayor Roberts, Councilman Comerchero, the Redevelopment Agency/Economic Development Subcommittee members, and as well commended the Guidant Corporation development team on its cooperation. As well commending all those involved in the process, Mayor Roberts commented on the amount of time expended to accomplish this task. At this time, Mayor Roberts opened the public hearing. Mr. David Reynolds, representing Guidant Corporation - Director of Facilities and Site Services, thanked those individuals involved from the City as well as his internal team for efforts associated with this project and introduced Mr. Paul Dana. Mr. Paul Dana, architect representing Guidant Corporation, provided an overview of the project, noting/commenting on the following: Site location Project goals o Building efficiency/flexibility o Site plan flexibility/phasing o Pedestrian-scaled campus o Good neighbor R:\Minutes\102202 8 Components of the Concept Plan o Buildings · Five locations · Visually interesting o Parking · Accommodate 2,400 cars - 5 cars per 1,000 square feet of building which exceeds the City's requirement for parking · Ingress/egress-four points o Landscape · Parking areas · Entry court · Perimeter · To ensure integration with City's guidelines Pedestrian bridge · To create a sense of one campus · Safe egress · Clearance of 18'1/2" · To mitigate potential traffic impact · Private bridge · ADA requirements Councilman Pratt relayed his support of the pedestrian bridge. For Mr. Pratt, Principal Planner Hogan advised that the graded property to the north of the subject site will not be a part of this project, noting that the graded property to the north will probably be considered in the upcoming General Plan Amendment as commercial land use. For Councilman Naggar, Public Works Director Hughes noted the following: · That the Solana Way access point will not be signalized · That Solana Way will have a median requirement, limiting left-turn movements · That the Development Agreement will require some improvements at the Margarita Road/Solana Way intersection to ensure capacity will be maintained · That traffic circulation for the site of discussion has been carefully reviewed · That the signal at Margarita Road north of Solana Way will have dual left-turn movements · That there will be double left-turn movements from southbound to eastbound Solana Way to assist with capacity at that intersection · That there will be multiple site access points but that the primary access point will be off Ynez Road · That a deceleration lane could be added along Margarita Road. Assistant City Manager O'Grady advised that the Development Agreement does included a requirement to widen Solana Way. To ensure a safe environment, Mayor Roberts suggested the construction of a bus turnout lane at Solana Way (westbound of Margarita Road). Mr. Ken Carlisle, representing Guidant Corporation, thanked the City for its team effort as it relates to this project. Mayor Pro Tem Stone relayed his appreciation for having Guidant Corporation located in the City. R:\Minutes\102202 9 At this time, Mayor Roberts closed the public hearing. Commending Guidant Corporation on its good neighbor attitude, Councilman Naggar spoke in support of the expansion, commenting on the additional local jobs that will be created as a result of this expansion and, thereby, further eliminating individuals from traveling on roads and freeways. City Attorney Thorson introduced and read by title only Ordinance No. 02-10. MOTION: Councilman Naggar moved to approved the staff recommendation. The motion was seconded by Mayor Pro Tem Stone and voice vote reflected approval with the exception of Councilman Comerchero who was absent. City Manager Nelson commended Assistant City Manager O'Grady on his efforts associated with this project. COUNCIL BUSINESS 12 Pedest?ian Bridge over Winchester Road at Nicholas Road RECOMMENDATION: 12.1 Approve the recommendations of the Public Traffic Safety Commission to accept the no-build alternative and direct the Public Works Department to pursue intersection enhancements as recommended. Public Works Director Hughes reviewed the staff report (of written material), advising that because the existing signalized intersection adequately functions, Caltrans will not formally support the construction of such a pedestrian bridge; that Caltrans would require the City to impose a method to guarantee usage of such a pedestrian bridge; that ADA requirements would be imposed; that the bridge would have to be 700' to 750' away from the intersection to eliminate potential visibility impacts of the signal heads; and that an undercrossing of Winchester Road to the north of this location is currently available (approximately 1,400' from the school??). Further reviewing the background with regard to this location, Mr. Hughes noted that the intersection of discussion was investigates three years ago in order to determine its operation and advised that the investigation concluded that an issue which needed to be addressed was the conflict with pedestrian on Winchester Road and, thereby recommending a right-turn movement from Nicolas Road to Winchester Road; that staff worked with the School District and Caltrans and that a driveway directly onto Winchester Road on the west side of the student lot was constructed and, thereby, eliminating that conflict; and that although to no avail, staff has been working with Caltrans in an effort to install solar-panel flashing lights at school bell times. Mr. Hughes further highlighted alternate intersection enhancements (approved by Caltrans), noting the following: · Replacing the traditional signals - no walk/walk signs- with countdown pedestrian signals and to include an education program with the school · High visibility school zone signs/striping Physical barriers near the AM/PM Store and Chaparral High School - raised concrete bollards on the corners at the intersection to encourage students stand away from the street curb R:\Minutes\102202 10 · Message boards on timers at both ends of Winchester Road. As a result of the possible development of Roripaugh Ranch, Public Works Director Hughes noted that capacity improvements to Winchester Road and Nicolas Road and the construction of a single left-turn lane from Nicolas Road onto Winchester Road may be forthcoming. Mrs. Suzanne Cacaninion, 40312 Villa Vaneticia, the mother of Dylan Cacaninion who was killed 17 months ago on Winchester Road, near Chaparral High School, stated that the alternate intersection enhancements would not have prevented the death of her child or protect the future of other children and that she will continue to address this issue. In response to Mrs. Cacaninion, Councilman Naggar stated that the City Council initiated the discussions with Caltrans for the construction of a pedestrian bridge; that ADA requirements would result in constructing a bridge too far away from the location of need; that, therefore, the use of a bridge could not be guaranteed without the removal of the existing pedestrian crosswalk and pedestrian signal phase which, in turn, could create a dangerous situation. Mr. Naggar promised Mrs. Cacaninion that he would further explore the ADA requirements to determine whether these requirements could possibly be waived and, thereby, constructing a bridge which would be closer to the site of discussion. In the meantime, Mr. Naggar requested that the following be enforced: · 25 m.p.h, school zone speed · message boards installed · bollards/countdown pedestrian signals installed · road improvements associated with Roripaugh Ranch · use of crossing guards Councilman Pratt noted that the only solution to address the concern would be a pedestrian bridge or a tunnel. Stating that the City cannot be responsible for the personal responsibility of all individuals driving through the City, Mayor Pro Tem Stone commented on the various City-enacted programs in an effort to hold individuals accountable and to keep the community safe. Recognizing how tragic it must be to loose a child, Mr. Stone noted that all circumstances must be taken into account which tragically took Dylan's life. In light of the existing undercrossing, Mr. Stone commented on the need to construct sidewalks to get to the undercrossing and requested that staff initiate efforts necessary to ensure adequate ingress/egress to the undercrossing. Although devices such as countdown pedestrian signal device and bollards are effective, Mayor Roberts noted that the City cannot force individuals to use those measures; relayed his support of Councilman Naggar's above-mentioned recommendations and, as well, suggested the enforcement of the school zone speed limit by radar. R:\Minutes\102202 11 MOTION: Councilman Naggar moved to approve the Public Traffic Safety Commission's recommendation with the addition that funding for sidewalk improvements/signage to the existing undemrossing be allocated; that speed control be enforced by radar; that a future School Board Subcommittee meeting be scheduled in order to address the use of crossing guards at the high school as well as the implementation of a public education program with regard to the use of the countdown signals; and that, as per Mayor Pro Tem Stone, the existing undercrossing be named Dylan's Undercrossing. The motion was seconded by Mayor Pro Tem Stone and voice vote reflected approval with the exception of Councilman Comerchero who was absent and Councilman Pratt who abstained. Councilman Pratt reiterated his desire for the construction of a pedestrian bridge or a tunnel. 13 Ali-Way Stop Si.qn Installation (located at North General Kearny Road and Golden Rod Road) RECOMMENDATION: 13.1 Reject the Public Traffic Safety Commission's recommendation to establish an all- way stop at the intersection of North General Kearny Road and Golden Rod. MOTION: Mayor Pro Tem Stone moved to continue this item to the City Council meeting of November 12, 2002. The motion was seconded by Councilman Naggar and voice vote reflected approval with the exception of Councilman Comerchero who was absent. 14 Resolution establishinq a Municipal Utility RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING THE CREATION AND OPERATION OF A MUNICIPALLY OWNED UTILITY FOR THE PURPOSE OF PROVIDING VARIOUS UTILITY SERVICES AND AUTHORIZING THE TAKING OF CERTAIN OTHER ACTION IN CONNECTION THEREWITH Assistant City Manager O'Grady presented an overview of the recommendation (as per agenda material), advising, for Mayor Pro Tem Stone, that because the Legislature is not in session, the formation of the shell could be delayed. Mayor Roberts advised that at the upcoming U.S. Conference of Mayors the matter of discussion will be addressed. Viewing the ability to provide electricity at competitive/reduced rates as not only an important feature to attract businesses to the City but also as an essential feature to retain businesses, Councilman Naggar noted that the proposed recommendation would only commit the City Council, in the sense, that it would put in place the mechanism to implement, if so desired, such action in the future. Mr. Naggar, as well, relayed the subcommittee's (comprised of Councilmembers Comerchero and Naggar) desire to disseminate the information to the MayodCouncil so that the review process of the City Council may begin. R:\Minutes\102202 12 Councilman Pratt relayed his opposition to proceeding with this process. Appreciating the efforts of the subcommittee, Mayor Pro Tern Stone relayed his opposition, at this time, to proceeding with this process, noting that the City currently receives approximately $1 million of revenue from the Franchise Agreement with Southern California Edison and stating that the responsibility of generation and transmission of electricity should not be a City responsibility. In response to Mayor Roberts, City Attorney Thorson advised that the matter may be continued off calendar and brought back and readdressed after the Mayor's Conference. MOTION: Councilman Naggar moved to continue this matter off calendar pending a City Council Workshop as well as the Mayor's Conference. The motion was seconded by Mayor Pro Tem Stone and voice vote reflected approval with the exception of Councilman Comerchero who was absent and Councilman Pratt who abstained. 15 Award of Contract for Open Space Survey of Voters RECOMMENDATION: 15.1 Approve a contract in the amount of $16,625 to Godbe Research & Analysis to perform an Open Space Survey of Voters; 15.2 Appropriate $16,625 from the General Fund Open Space Reserves to fund this contract. Assistant City Manager O'Grady reviewed the staff report (as per agenda material), advising that the matter may be placed on the election date of June 3, 2003 as well as a subsequent election. Although not pertaining to this matter, Mr. Greg Morrison, 31045 Oak Hill Drive, Member of the Chamber Board, relayed his support of the Guidant Corporation expansion. As Chairman of the Citizens Advisory Committee for General Plan Review, Mr. Morrison commended the City Council on its community outreach program prior to approving such a precedent-setting program, noting that the use of public tax dollars to purchase open space would be a major City commitment and, therefore, the citizens' opinions with regard to this matter should be determined. If the survey were to indicate that a majority of the citizens would support such a program, Mr. Morrison suggested the following: · Checks and balances Not beneficial to the City/residents if such a program were to put too much of a demand on City reserves at the detriment of other vital/important City-funded programs · Collaboration o Riverside County · Partnership o Federal/State/independent agencies/organizations to identify additional funding resources. R:\Minutes\102202 13 As a subcommittee member, Mayor Pro Tem Stone concurred with Mr. Morrison in that the creation of such a program should not negatively impact the City's General Fund at the expense of public safety for conservation of land and stated that the proposed survey is to receive guidance from the residents with regard to taxation and definition of open space. In order for this matter to not be clouded by the political arena, Councilman Naggar relayed his preference for the June 3, 2003, election date and reiterated his support of this action. Supporting the June 3, 2003, election date, Councilman Pratt commented on the need to allocate sufficient funds for public advertising. MOTION: Councilman Naggar moved to approve the recommendation. The motion was seconded by Mayor Pro Tem Stone and voice vote reflected approval with the exception of Councilman Comerchero who was absent. 16 Combined Traffic and Public Transportation Miti.qation Program Report (as requested by Councilman Pratt) RECOMMENDATION: 16.1 Receive and file. Although not viewing the imposition of a building moratorium as a solution, Councilman Pratt noted that a moratorium would delay construction and, thereby, allow time to formulate acceptable solutions. Mr. Pratt proposed the hiring of a Transportation Department Director; requested that funding of this position be placed on the Council's next agenda; and advised that this individual would be responsible for traffic mitigation and alternate choice of public transportation projects and Capital ImprovementJCirculation Projects. MOTION: Mayor Pro Tern Stone moved to receive and file the item. The motion was seconded by Councilman Naggar and voice vote reflected approval with the exception of Councilman Comerchero who was absent and Councilman Pratt who abstained. Councilman Pratt reiterated his desire that the matter of hiring and funding this position be agendized for the next City Council meeting. Councilman Naggar requested that Councilman Pratt provide more detailed information. Mayor Roberts expressed concern with Councilman Pratt opposing the Measure A extension, commenting on the financial impacts the denial of this Measure would have on the City. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT City Manager Nelson noted that the appropriate time to discuss Councilman Pratt's matter would be during the Annual Operating/Capital Improvement Program Budget processes. In closing, Mr. Nelson briefly commented on the Open Space Survey as well as the updating of the development impact fees. R:\Minutes\102202 14 CITY ATTORNEY'S REPORT With regard to Closed Session, City Attorney Thorson noted that there were no reportable actions. ADJOURNMENT At 10:01 P.M., the City Council meeting was formally adjourned to Tuesday, October 29, 2002, at 6:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California, for the purpose of a City Council Workshop regarding the RCIP and a joint City Council/Planning Commission Workshop. ATTEST: ~nes, CMC. ' Ron Roberts, Mayor R:\Minutes\102202 15