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HomeMy WebLinkAbout042506 CC Minutes I I I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL APRIL 25, 2006 The City Council convened in Closed Session at 6:15 P.M. and its regular meeting commenced at 7:01 P.M., on Tuesday, April 25, 2006, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California, was convened. Present: 5 Council Members: Comerchero, Edwards, Naggar, Washington, and Roberts Absent: o Council Members: None PRELUDE MUSIC The Prelude Music was provided by the Beginning and Junior Choir of the Musicians Workshop. INVOCATION The invocation was given by Pastor Dominic Occhipinti of Temecula Community Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Council Member Edwards. PRESENT ATIONS/PROCLAMATIONS Mental Health Month Proclamation Proclaiming the month of Mayas Mental Health Month, Mayor Roberts presented the proclamation to Ms. Virginia Marshall, Vice President of National Alliance on Mental Illness, who, in turn, invited the City Council and the public to the upcoming Open House at Mental Health Administration on Tuesday, May 16, 2006, from 3:00 P.M. to 6:00 P.M. Miracles for Kids Dav Proclamation Proclaiming April 25, 2006 as Miracles for Kids Day, Mayor Roberts presented the proclamation to LaVonna Lacey, Event Coordinator, who expressed her appreciation to the City Council for the support. Architecture Week Proclamation Proclaiming the week of April 23, 2006, as Architecture Week, Mayor Roberts presented the proclamation to Mr. James Horecka, AlA, who, in turn, apprised the City Council and the public of an upcoming event on Saturday, April 29, 2006, at the newly remodeled Riverside Plaza, noting additional information may be obtained through www.aiaic.ora. R:IMinulesl042506 I I I PUBLIC COMMENTS A. Presenting bouquets of beautiful roses to the City Council Members, Ms. Rebecca Weersing, Friends of the Temecula Library and the Rose Society, invited the City Council and the public to the upcoming Temecula Valley Rose Festival Weekend on Saturday, May 6, 2006, at the Community Recreation Center and Sunday, May 7, 2006, at Rose Haven and advised that Franz Wisner author of Honeymoon with my Brother will be at the Temecula Library on Thursday, April 27, 2006, at 7:00 P.M. CITY COUNCIL REPORTS A. Council Member Edwards advised that the Chambers of Commerce (Lake Elsinore, Temecula, and Murrieta) formed the Southwest California Legislative Council in an effort to cooperatively work on issues that will assist businesses in the Valley and noted that this organization has drafted legislation such as AB 2492 which will allow the Governor to declare a state of emergency and will assist with bypassing red tape with regard to infrastructure. B. Visiting the Mary Phillips Senior Center on a regular basis, Council Member Naggar commented on the need for a power wash or new paint for the building and an upgrade of its landscaping and requested that this matter be addressed in the upcoming Capital Improvement Project C. Reiterating the event, Council Member Comerchero invited the public to the Library on Thursday, April 27, 2006, at 7:00 P.M. to meet Franz Wisner author of Honeymoon with my brother. Having visited Old Town on Saturday morning, Mr. Comerchero expressed his amazement with the numerous events/activities provided to the public. Viewing the City as being economically fortunate, Mr. Comerchero recommended that the City Council consider, during its budget workshop, providing the use of the skateboard park facility at no cost. D. Having attended a Southern California Association of Governments Housing Summit in the City of Torrance, Mayor Pro Tem Washington advised that discussions included creating Affordable Housing, continued demand on housing in this State, jobs-to-housing balance, areas of revitalization, Redevelopment Agency (amenities/commercial/residential), Transportation Uniform Mitigation Fee, and infrastructure needs/demands. E. With regard to Consent Calendar Item No.5, Mayor Roberts commented on the plans to construct a transit station on SR 79, west of the 1-15 freeway, and advised that Riverside County Transportation Commission voted to complete a study on a commuter rail or high-speed rail system between the City of Corona and Cities of Temecula/Murrieta along the 1-15 Corridor to tie in with San Diego County to complete the process from the City of Corona to the City of San Diego. Mr. Roberts noted that this rail system would be in addition to the Metrolink San Jacinto Line (Riverside to City of Perris at the 74 off-ramp). Having met with top executives of the Press Enterprise, Mr. Roberts commented on the paper's outreach program to make the newspaper better and to address the needs of the City. R:IMinulesl042506 2 CONSENT CALENDAR I 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: I I 1.1 Motion to waive the reading of text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of March 28, 2006; 2.2 Approve the minutes of April 11 ,2006. 3 Resolution approvina List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 06-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Edward Bvrne Memorial Justice Assistance Grant Application RECOMMENDATION: 4.1 Approve the Edward Byrne Memorial Justice Assistance Grant Application for a total amount of $14,966. 5 A Resolution of the City Council of the City of Temecula cooperatina with Southern California Association of Governments (SCAm as a 2% Strateav Demonstration Community for Community-Based Transportation Plannina (at the Reauest of Mavor Roberts) Recommendation: 5.1 Adopt a resolution entitled: RESOLUTION NO. 06-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA COOPERATING WITH SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) AS A 2% STRATEGY DEMONSTRATION COMMUNITY FOR COMMUNITY-BASED TRANSPORTATION PLANNING R:IMinulesl042506 3 I I I 6 Tract Map No. 29353 (located east of Butterfield Staae Road inclusive of North Loop Road and South Loop Road within the Roripauah Ranch Specific Plan) RECOMMENDATION: 6.1 Approve Tract Map No. 29353 in conformance with the Conditions of Approval; 6.2 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Materials Bonds as security for the agreement; 6.3 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. 7 Approval of the Plans and Specifications and authorization to solicit Construction Bids for the Wolf Creek Fire Station. and approval of the Professional Services Aareement with Vanir Construction Manaaement. Inc. for Construction Manaaement. Material Testina. and Special Inspections - Proiect No. PW01-11 RECOMMENDATION: 7.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for the Wolf Creek Fire Station - Project No. PW01-11; 7.2 Approve the agreement with Vanir Construction Management, Inc. to provide professional construction management, material testing, and special inspection services in an amount not to exceed $319,460 and authorize the Mayor to execute the agreement; 7.3 Authorize the City Manager to approve amendments to the agreement not to exceed the contingency amount of $31,946, which is equal to 10% of the agreement amount. 8 Award the Construction Contract for Route 79 South Medians between 1-15 and Butterfield Staae Road - Proiect No. PW02-14 8.1 Award a construction contract for Route 79 South Medians between 1-15 and Butterfield Stage Road - Project PW02-14 - including the Base Bid and Additive Bid #2, to Beador Construction Company, Inc. in the amount of $4,655,000 and authorize the Mayor to execute the contract; 8.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $465,500, which is equal to 10% of the contract amount; 8.3 Authorize an appropriation of $530,000 from Crowne Hill Community Facilities District (CFD) - Caltrans Improvement Fund; R:\Minutesl042506 4 I 8.4 Authorize an appropriation in the amount of $1,728,279 from General Fund Capital Reserves to fully fund this project. 9 Approve Economic Development Event Sponsorship Reauests RECOMMENDATION: 9.1 Approve the Event Sponsorship Agreement in the amount of $10,000 cash and City support costs in the amount up to $6,100 for the Temecula Valley International Jazz Festival; 9.2 Approve the Event Sponsorship Agreement in the amount of $35,000 for the Temecula Valley Balloon & Wine Festival. In addition, the Festival requests that the City will provide temporary logistical support of traffic control signs and devices to assist with public safety during the Festival estimated at $1,400; 9.3 Approve the Event Sponsorship Agreement in the amount of $60,000 for the 2006 Temecula Valley International Film & Music Festival; 9.4 Approve an appropriation of an additional $30,000 to the original budget allocation of $30,000 from the Unreserved General Fund bringing total sponsorship for the 2006 Temecula Valley Film & Music Festival event to $60,000; 9.5 Authorize the Mayor to execute the above-mentioned agreements. I (Pulled for separate discussion; see page 5-6.) 10 Approve a Third Amendment for Plan Review Services. RECOMMENDATION: 10.1 Approve the Third Amendment for Plan Check Services with Esgil Corporation in the amount of $157,000 plus a 10% contingency. MOTION: Council Member Washington moved to approve the Consent Calendar Item Nos. 1-8 and 10 (Item No.9 was pulled for separate discussion; see below). Council Member Comerchero seconded the motion and the electronic vote reflected approval with the exception of Council Member Naggar who abstained with regard to Item No. 2.2. CONSENT CALENDAR ITEM NO.5 CONSIDERED UNDER SEPARATE DISCUSSION 9 Approve Economic Development Event Sponsorship Reauests RECOMMENDATION: I 9.6 Approve the Event Sponsorship Agreement in the amount of $10,000 cash and City support costs in the amount up to $6,100 for the Temecula Valley International Jazz Festival; R:\Minulesl042506 5 I I I 9.7 Approve the Event Sponsorship Agreement in the amount of $35,000 for the Temecula Valley Balloon & Wine Festival. In addition, the Festival requests that the City will provide temporary logistical support of traffic control signs and devices to assist with public safety during the Festival estimated at $1,400; 9.8 Approve the Event Sponsorship Agreement in the amount of $60,000 for the 2006 Temecula Valley International Film & Music Festival; 9.9 Approve an appropriation of an additional $30,000 to the original budget allocation of $30,000 from the Unreserved General Fund bringing total sponsorship for the 2006 Temecula Valley Film & Music Festival event to $60,000; 9.10 Authorize the Mayor to execute the above-mentioned agreements. Requesting that this item be considered under separate discussion, Council Member Edwards commented on the successful Temecula Valley International Film & Music Festival and advised that the Festival has hired a professional public relations firm to further increase and improve its outreach program and hired an accounting firm to assist with bookkeeping efforts. Mayor Pro Tem Washington advised that a local accountant has volunteered to provide those services to the Festival. Recognizing the efforts undertaken by the City to promote tourism, Mayor Pro Tem Washington commented on the City's contributions to support tourism which is a significant component of economic development. MOTION: Council Member Comerchero moved to approve Consent Calendar Item NO.9. The motion was seconded by Mayor Pro Tem Washington and electronic vote reflected unanimous approval At 7:37 P.M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:42 P.M., the City Council resumed with regular business. PUBLIC HEARING 17 A Citywide ordinance prohibitina Medical Mariiuana Dispensaries in all zonina districts in the City of Temecula RECOMMENDATION: 17.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 06-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 17.06.030, 17.08.030, AND 17.34.010 OF THE TEMECULA MUNICIPAL CODE, PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY R:\MinutesI042506 6 I I I City Attorney Thorson presented the staff report (as per agenda material), clarifying that the proposed Ordinance is a land use ordinance that would prohibit the establishment of such dispensaries within the various zones within the City and advising that those individuals in need of such treatment should contact the Sheriff's Department and County Health Department. In response to Mayor Roberts, City Attorney Thorson noted that the County has not made a decision with regard to this matter. At this time, the public hearing was opened. Speaking in support of medical marijuana dispensaries, Mr. Martin Victor, Temecula, stated the following: . That the Supreme Court of the Unites States did not state that California law is unconstitutional and that Federal law supersedes State law . that medical marijuana patients, as per the Health and Safety Code, are exempt from prosecution . that currently the City has six medical marijuana patients that must travel 80 miles to get their medicine . that Supervisor Stone recently attended a conference of doctors, nurses, and researchers in Santa Barbara and that he visited a dispensary in Santa Barbara . that he would like to locate a medical marijuana dispensary in the City. There being no additional speakers, the public hearing was closed. Appreciating the passion of the speaker, Council Member Naggar clarified that the Council's decision with regard to this matter or any other matter must consider the impacts/the affects to the City as a whole; that currently there is a conflict with the law and that unless this conflict can be resolved, Mr. Naggar expressed his support of the Federal law until this law may be changed. Echoing Council Member Naggar's comments, Council Member Edwards as well expressed her compassion for those individuals that have no other alternatives; viewed herself as not qualified to rule on such medical issues; and noted that medical marijuana should be regulated/dispensed similar to other Class 2 drugs which are regulated/dispensed through pharmacies. Noting that his comments have been expressed by his fellow colleagues, Mayor Pro Tem Washington commended City Attorney Thorson on the clarification of the proposed ordinance - a land use decision, reiterating the need to resolve the conflict between Federal and State laws. Concurring with the previously made comments, Council Member Comerchero reiterated that the issue before the City Council is a land use issue and, therefore, expressed his support of the recommendation. Echoing the comments of his fellow colleagues, Mayor Roberts expressed his support of the recommendation. At this time, City Attorney Thorson introduced Ordinance No. 06-05. R:\MinulesI042506 7 I I I MOTION: Mayor Pro Tem Washington moved to introduce Ordinance No. 06-05. The motion was seconded by Council Member Edwards and electronic vote reflected unanimous approval. 18 A Development Plan for Plaza Rio Vista Office Buildina (PA05-0139) RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. 06-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0139, A DEVELOPMENT PLAN TO CONSTRUCT AN 18,680 SQUARE FOOT, TWO-STORY OFFICE BUILDING ON A 1.41 ACRE SITE IN THE LIGHT INDUSTRIAL ZONE, LOCATED ON THE NORTHWEST CORNER OF DIAZ ROAD AND BLACKDEER LOOP, KNOWN AS APN 921-030-016 AND APN 921-030-017 By way of a PowerPoint presentation, Planning Director Ubnoske provided an overview of the proposal There being no public input, the public hearing was closed. MOTION: Council Member Naggar moved to approve staff recommendation. The motion was seconded by Council Member Comerchero and voice vote reflected unanimous approval. COUNCIL BUSINESS 19 Proposed Commission Guidelines (at the reauest of Council Members Naaaar and Washinaton) RECOMMENDATION: 19.1 Adopt the proposed guidelines for the appointment of City Commissioners, for inclusion in the Handbook for Commissions, Committees, and Boards. As per a PowerPoint presentation, City Clerk Jones highlighted the staff report (of record). Appreciating the efforts of the City's Commissioners, Mayor Pro Tem Washington commented on his goal for these guidelines to include measures that would encourage new citizens that have not had the opportunity to participate and to make such an opportunity available. Concurring with the proposed guidelines to be included in the Handbook for Commissions, Committees, and Boards, the Council Members expressed their views with regard to the additional guidelines for candidates who have served two full terms and recommended the following: · That the incumbent shall have served as Chair or Vice Chair of his/her respective Commission (for a candidate who has served two full terms and seeking subsequent terms) R:IMinulesl042506 6 I I I o Council Member Comerchero - may take an appointment out of the City Council's control and may place it in the control of the Commission; that such question should be asked by the City Council but should not be made mandatory; o Council Member Naggar - concurred with requiring this option considering this option would be for a third term o Council Member Edwards - expressed her support o Mayor Pro Tem Washington - expressed his support of this option o Mayor Roberts - recommended the use of should versus shall . That the incumbent hall have served on at least one subcommittee of his/her respective Commission (for a candidate who has served two full terms and seeking subsequent terms) o Council Member Comerchero - suggested that such information should be considered by the City Council but should not be mandated; o Council Member Naggar - encouraged all Commissions to consider the appointment of subcommittees and, therefore, concurred with this option; recommended the addition of the following verbiage: ... one subcommittee or special project. . .; o Council Member Edwards - Public Traffic Safety Commission generally does not function through subcommittees and, therefore, this objective may not work; o Mayor Pro Tem Washington - intent was not to create a mandate but for the guidelines to serve as a framework of the expectations and proactiveness on the Commission o Mayor Roberts - recommended the use of should versus shall . That the incumbent may only be appointed to a third term and beyond with a 4/5ths vote o Council Member Comerchero - vehemently opposed this option because such action would usurp the democratic process; o Council Member Naggar - did not feel strongly either way about this option o Council Member Edwards - vehemently opposed this option o Mayor Pro Tem Washington - did not feel strongly either way about this option o Mayor Roberts - concurred with the opposition of his fellow Council Members MOTION: Council Member Naggar moved to approve the recommended guidelines, as written, for candidates seeking a third term, the guideline that the incumbent may only be appointed to a third term and beyond with a 4/5ths vote was deleted and the following verbiage as added to the guideline that the incumbent shall have served on at least one subcommittee or special project of hislher respective Commission. Council Member Edwards seconded the motion. (Prior to the vote, additional discussion ensued; see page 8.) Council Member Edwards expressed no concem with the guidelines for a third-term candidate, as written, expressing her support of the use of shall. SUBSTITUTE MOTION: Council Member Comerchero moved to approve the recommended guidelines but requested the addition of the following language: that if the applicant were an R:\Minutesl042506 9 I I I incumbent, that it would be viewed favorably/strong determining factor if he/she had previously served as ChairNice Chair. (This motion died for the lack of a second.) Wanting to specifically address the two-term Commissioner, Mayor Pro Tem Washington viewed it as a milestone if a two-term Commissioner had previously served as a ChairNice Chair but expressed the importance of separating the process of an initial Commission appointment versus a third-term appointment. At this time, the electronic vote of the original motion reflected approval of the motion with Council Member Comerchero voting !!2. DEPARTMENTAL REPORTS 20 Buildina and Safetv Department Monthlv Report No additional comment. 21 Plannina Department Monthlv Report No additional comment. 22 Public Works Department Monthlv Report No additional comment. CITY MANAGER'S REPORT No additional comment. CITY ATTORNEY'S REPORT City Attorney Thorson advised that the City Council provided direction to him with respect to the litigation listed but other than that there was no action to report. R:IMinulesl042506 10 ADJOURNMENT I At 8:30 P.M., the City Council meeting was formally adjourned to Tuesday, May 9, 2006, at 5:30 P.M., for a Closed Session with the regular session commencing at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ~ Ron Roberts, Mayor ATTEST: ~// // ..' " uI ~ I " " I R:IMinulesl042506 11