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HomeMy WebLinkAbout062700 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JUNE 27, 2000 The City Council convened in a regular meeting at 7:00 P.M., on Tuesday, June 27, 2000, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Councilmembers: Comerchero, Naggar, Pratt, Roberrs, and Stone. Absent: Councilmember: None. PRELUDE MUSIC The prelude music was provided by Jordan Bellino. INVOCATION The invocation was given by Pastor Troy Shedeed of New Covenant Fellowship. ALLEGIANCE The salute to the Flag was led by Councilman Pratt. PRESENTATIONS/PROCLAMATIONS Presentation by the Hispanic Chamber of Commerce Mr. Paul Orozco representing the Hispanic Chamber of Commerce, apprised the City Council and the attending and viewing residents of the goals and purpose of this Chamber; commented on the overall benefits this Chamber provides to the entire community; invited the Councilmembers and viewing residents to the July 9, 2000, event at Callaway Vineyards; and expressed the Chambers desire to create a partnership alliance with the City. Presentation by the Wine Industry of Temecula Ms. Joan Sparkman introduced Mr. Peter Pool, President of the Wine Growers' Association of Temecula Valley, who, in turn, thanked the City for its financial support against the fight of Pierce's Disease/Glassy-winged Sharpshooter over the past year, advising that after the City's initial contribution of $125,000, the County, State, and Federal governments have followed the City's action and have contributed. In appreciation of the City's support and contribution, Mr. Craig Weaver, Vice President of the Wine Growers' Association of Temecula Valley, presented to the City a plaque of appreciation. PUBLIC COMMENTS A. Although supporting the overall concept of the Sign Ordinance, Mr. Doc Laine, 41976 Main Street, expressed his concern with the ordinance as it relates to the placement of signs in Old Town, particularly the placement of monument signs. R:\Minutes\062700 1 B. Mr. Don Jones, 31921 Camino Marea, Co-chairman of the Chaparrel Stadium Drive Committee, thanked the City Council, the business community, the Temecula Valley Unified School District, and the parents of the community for their continued support. C. Distributing written material to the City Councilmembers, Ms. Joan Sparkman, 40213 Colony Drive, Murrieta, relayed her concern about the encroachment of the flight path of the French Valley Airport with 2, 100 homes located on Los Alamos and Briggs Road and, therefore, protested the rezoning of that area from Industrial Commercial to residential and requested the City Council's support. Viewing it as a planning issue as well as a public safety issue, Mayor Stone suggested that the matter be agendized to a City Council meeting so that the Council may consider the matter and then adopt a resolution either in support or opposition of the matter. Mr. Stone also requested that the City Council resolution, once adopted, be hand delivered to the County Planning Commission or to the Board of Supervisors. D. Addressing the newly created Religious Institution Handbook, Mr. David Micheal, 30300 Churchill Court, thanked Councilman Roberts, City Manager Nelson, Development Processing Coordinator Noland, and associated staff members for their support and effort in the development of this handbook. Commenting on the negative perception that was present prior to the development of this handbook, Councilman Roberts as well thanked those staff members involved for their efforts. E. Mayor Stone introduced Mr. David Turch, the City's paid lobbyist from Washington, who, in turn, noted the following: · That the House and Senate have passed its Trensportation Appropriations Bill; that the City had requested $200,000 for bus shelters; that $200,000 was allocated in the House Bill and that it was as well mentioned by name in the Senate Bill; · That with regard to the two highway projects, this year there was no legislative vehicle to allocate Federel Highway monies; · That with regard to two general interest items, the City's request of $31/4 million for the librery is unlikely but will continue to pursue; · That the City's request of $1/3 million for the community theater, funding is likely; the House Bill has passed through the House, contains no earmarks; the Senate has passed its Bill and there are no earmarks; will be earmarked in conference which will probably be in late September or early October; · That the dispensation for cleaning weeds from the Murrieta Creek (Temecula and Murrieta) has been included in the House Bill ($750,000); · That with regard to Pierce's Disease, aggressively pursuing; Senate Appropriations marked $700,000; the House Committee on Agriculture Appropriations marked $3.1 million in a directlye to the Secretary of Agriculture to spend discretionary monies necessary to combat the disease. F. Ms. Michelle Anderson, representing Citizens First of Temecula Valley, 43797 Barletta Street, requested that agenda items of high public interest be placed first on the agenda. In response to Ms. Anderson, Councilman Naggar advised that the City Clerk's office is preparing a City Council brochure which will include a list of City Council glossary terms, noting that it should be completed within the next 30 to 45 days. R:\Minutes\062700 2 G. In an effort to construct a 1,000 square foot residents for his mother-in-law on his property, Mr. Steve Howick, 31820 Via Levantar, apprised the City Council of a condition that is being imposed on him, to improve an intersection more than 120' from his residence in order to provide adequate accessibility to his property. He requested the Council to waive this condition to which Mayor Stone advised that he would discuss the matter with Deputy City Manager Thornhill and Fire Department personnel. H. Mr. Doc Nichols, 45912 Paseo Gallate, School Board candidate, spoke with regard to the need for increased cooperation between the City Council, the Temecula Valley School District, the teachers, the union, and the parents. As noted at a previous City Council meeting, Mayor Stone commented on the positive working relationship between the City and the Temecula Unified School District CITY COUNCIL REPORTS A. Advising that the Riverside County Transportation Committee had met to discuss the CETAP Advisory Committee's concept of four corridors versus two, Councilman Roberts noted that he would keep the Council/public apprised. B. Councilman Roberts apprised the City Council that the Alternative Fuels Ad hoc Committee recommended that the RTA reconsider its vote to purchase 50% diesel fuel buses and to only utilize alternative fuel buses until it has been determined that diesel fuel is a cleaner fuel. C. Mayor Pro Tem Comerchero further commented on RTA's original decision to purchase 94 new buses (47 compressed natural gas (CNG) buses and 47 diesel buses; advised that the Board had approved diesel buses because certain RTA routes are at a distance which could not be accommodated by the CNG fueling stations; advised that it was decided that 47 CNG buses be purchased and that the purchase of the 47 diesel buses be put on hold for a year until it can be determined that diesel fuel can meet the new RCTC's set emissions standards. D. In light of Mr. Turch's comment that the City would not be receiving requested Federal library funds, Mayor Pro Tem Comerchero advised that the City had not anticipated on receiving Federal funds and that most of the library funding will be through SB 3 (bond issue passed at the last election), reiterating that the library project is not in jeopardy and that the City has already set aside $3.5 million in matching funds. E. Commenting on the importance of each business in Old Town being able to identify itself to mainstream traffic, Mayor Pro Tem Comerchero commented on the need to address signage concerns for those businesses located on the side streets. Planning Director Ubnoske noted that a proposal will be forthcoming for City Council review. F. Advising that he, City Manager Nelson, and Ms. Joan Sparkman attended the Riverside County Board of Supervisors meeting, Mayor Pro Tem Comerchero commented on the City's on-going efforts to convince the County to not approve General Plan and Specific Plan upzones until the completion of the Riverside County Integrated Plan (RCIP) unless able to mitigate traffic impacts to service level D or better. Mr. Comerchero advised that the Board of Supervisors passed the City's request and noted that the matter will now be presented to the County Planning Department. R:\Minutes\062700 3 G. Councilman Naggar commented on the Multi-Species Habitat Conservation component of the RCIP, addressing conservation credits and priority zones. H. In an effort to address the residents' concerns with regard to the traffic congestion at the Border patrol Check Station, Councilman Naggar advised that he has requested the scheduling of a workshop with the Board Patrol. There being no City Council objection to such a meeting, the meeting was tentatively set for July 17, 2000. Being aware of the traffic congestion around the Border Patrol, Mayor Stone relayed his support of the check station and the Patrol's efforts t keep the City of Temecula a safer place to live. I. Thanking the Police Department on its efforts, Mayor Stone commented on the success of the operation of Enforce Responsible Alcohol Consumption in Temecula (ERACIT), noting that this program was designed in cooperation with ABC and advising that three establishments in the City were cited. J. Commenting on the City's escalation in graffiti during the months of March and May, Mayor Stone apprised of the City's graffiti removal program as well as the City's reward program. CONSENTCALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motionto waivethe reading ofthetextofallordinances and resolutionsincludedinthe agenda. (Ms. Adrianne McGregor, 34555 Madera de Playa, requested that computers be placed in Council Chambers in an effort for citizens to access and obtain information with regard to upcoming ordinances/resolutions.) 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of April 11, 2000; 2.2 Approve the minute of April 25, 2000. 3 R:\Minutes\062700 Resolution Approvinq List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 2000-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 4 City Attorney Services Contract Amendment No. 2 RECOMMENDATION: 4.1 Approve Amendment No. 2 to the agreement with Richards, Watson and Gershon, Attorneys at Law, to increase the hourly rates for City Attorney services provided. 5 Deleqation of authority in processinq and settlincl claims aqainst the City of Temecula RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 200045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DELEGATING TO THE CITY MANAGER AND CITY CLERK CERTAIN POWERS AND AUTHORITY IN CONNECTION WITH CLAIMS FILED AGAINST THE CITY 6 Animal Control Contract Amendment RECOMMENDATION: 6.1 Approve the contract amendment for an increase in current fees for animal control services to be provided by Animal Friends of the Valley (a.k.a.L.EA.F.). (Mayor Stone voted no with regard to this matter.) 7 Aqreement for placement and maintenance of bus benches bv the Temecula Sunrise Rotary Club RECOMMENDATION: 7.1 Approve a three-year agreement with the Temecula Sunrise Rotary Club, a California non-profit corporation, for the placement and maintenance of 43 existing bus benches in an annual amount of $12,000 for Fiscal Year 2000-01; 7.2 Authorize the Mayor to execute the agreement in substantially the form attached. 8 City Relocation Guidelines RECOMMENDATION: 8.1 Adopt the Relocation Assistance Rules and Guidelines of the City of Temecula. R:\Minutes\062700 5 Tract Map No. 24187-2 - Findinq of Conformance with i!s oriqinal approval (located south and west of Sunny Meadows Drive, east of Meadows Parkway, and north of De Portola Road in the Paloma Del Sol Specific Plan No. 219) RECOMMENDATION: 9.1 Approve Tract Map No. 24187-2 in conformance with the conditions of approval; 9.2 Approve the Subdivision Improvement Agreement; 9.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as security for the agreements. (For Ms. McGregor, 34555 Madera de Playa, Public Works Director Hughes reviewed the staff report (of record) with Ms. McGregor requesting that future projects address the preservation of open space and setbacks.) 10 Authorize Temporary Street Closures for July 4, 2000 Parade in Old Town and deleqate authority to issue Special Events/Street Closures Permit to Director of Public Works/City Enqineer RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 2000-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURES FOR OLD TOWN FRONT STREET AND ABUTTING STREETS FROM SECOND STREET TO MORENO ROAD FOR THE JULY 4, 2000, PARADE AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE SPECIAL EVENTS PERMITS INCLUDING STREET CLOSURES 11 Authorize TemporaN Street Closure of Pauba Road between Marqarita Road and La Primavera Street for the July 4, 2000, Fireworks Show and deleqate authority to issue Special Events/Street Closures Permit to Director of Public Works/City Enqineer RECOMMENDATION: 11.1 Adopt a resolution entitled: R:\Minutes\062700 6 RESOLUTION NO. 2000-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURE OF PAUBA ROAD BETWEEN MARGARITA ROAD AND LA PRIMAVERA STREET THE JULY 4, 2000, FIREWORKS SHOW AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 12 Approval of the Plans and Specifications and authorization to solicit Construction Bids for Citywide P.C.C. Repair Proqram FY00-01 (Concrete Replacement Proqram) - Project No. PW00-17 RECOMMENDATION: 12.1 Approve the Construction Plans and Specifications and authorize the Depadment of Public Works to solicit Construction Bids for the Citywide P.C.C. Repair Program FY00-01 - Project No. PW00-17. 13 Amendment No. 1 with West Coast Arborists, Inc. for renewal of Citywide Tree Trimminq Maintenance Contract RECOMMENDATION: 13.1 Approve Amendment No. 1 for the extension of the Citywide Tree Trimming Maintenance Services Contract with West Coast Arborists, Inc. for a period of one year beginning July 1, 2000, in an amount of $150,000.00 and authorize the Mayor to execute the contract extension; 13.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $15,000.00 which is equal to 10% of the contract amount. 14 Prima Facie Speed Limit on certain streets RECOMMENDATION: 14.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 2000-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMIT ON CERTAIN STREETS (Pulled and considered under Council Business; see page 8.) R:\Minutes\062700 7 15 Acceptance of Grant Deed - Woodside Chantemar RECOMMENDATION: 15.1 Authorize acceptance of the Grant Deed for Long Canyon Creek Park, located in the Woodside Chantemar Development, subject to the City Attorney's prior approval of the Title Report and confirmation of the satisfaction of conditions of approval; 15.2 Approve the Park Warranty Agreement with Woodside Chantemar for maintenance and establishment period of the park. (Councilman Roberts abstained with regard to this Item.) MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1-13 and 15 (Consent Calendar Item No. 14 was pulled and placed under Council Business. The motion was seconded by Mayor Pro Tern Comerchero and voice vote reflected approval with the exception of Mayor Stone who voted n._9 with regard to Item No. 6 and Councilman Roberts who abstained with regard to Item No. 15. At 8:20 P.M., Mayor Stone called a short recess and at 8:37 P.M., the City Council reconvened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 9:13 P.M., the City Council resumed with regularly scheduled City Council business. COUNCIL BUSINESS (Item No. 14 was pulled from Consent Calendar and placed for discussion and action under Council Business.) 14 Prima Facie Speed Limit on certain streets RECOMMENDATION: 14.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 2000-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMIT ON CERTAIN STREETS Public Works Director Hughes presented the staff report (of record), advising that speeding surveys are conducted in order for the Police Department to enforce the speeds. Councilman Pratt relayed his concern with speed limits being raised. City Attorney Thorson introduced the ordinance and read it by title only. MOTION: Councilman Naggar moved to introduce Ordinance No. 2000-06. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. R:\Minutes\062700 8 16 Review and Adoption of the FY2000-01 Annual Operatinq Budqet RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 2000-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FY 2000-01 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 16.2 Adopt a resolution entitled: RESOLUTION NO. 2000-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS 16.3 Adopt a resolution entitled: RESOLUTION NO. 2000-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 2000-01 By way of a PowerPoint presentation, City Manager Nelson reviewed the staff repod (as per agenda material), highlighting the following: · Addition of six sworn officers and one Community Service Officer; · Addition of a paramedics team - FAST Program; · Max Responder System - City will be the first agency in the County to have this operation; · Updating of the City's General Plan · Appropriate staff/consultants available to support engaging in the RCIP process; · Provide resources to meet objectives of the City's Growth Management Plan; · Provide a $4 million investment or transfer from the City's General Fund into the City's Capital Improvement Program; · Invest resources and technology to provide better information to the public via web site and making operations more efficient and effective; · Provide appropriate staffing levels to address the operational and functional service requirements of the City; · Addition of two full-time positions and the conversion of 9.25 project positions to full time positions; $1.8 million or 17% of total personnel budget cost budgeted in project and temporary help; · Review of five-year budget projections. Mayor Stone thanked staff for their efforts associated with the completion of this budget. Although it may appear as though there was limited Council discussion regarding the approval of this budget, Mr. Stone rsiterated that the Councilmembers have had ample time and opportunity to meet with staff to address issues/concerns. R:\Minutes\062700 9 Referencing the 1% budget reserve for the City of San Diego, Councilman Naggar commented on the City's sound budget with a 30% reserve. MOTION: Councilman Roberts moved to approve the staff recommendation. The motion was seconded by Councilman Naggar and voice vote reflected approval with the exception of Mayor Pro Tem Comerchero who abstained with regard to 16.2 (as it relates to the Web Analyst position). 17 Adoption of the FY 2001-05 Capital Improvement Preqram RECOMMENDATION: 17.1 17.2 Adopt a resolution entitled: RESOLUTION NO. 2000-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FOR FY 2001-05 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2000-01 By way of a PowerPoint presentation, City Manager Nelson provided the staff report (of record), advising that of a total of 119 projects equaling to $345 million, $113 million have been funded within the Capital Improvement Program (CIP). Referencing his written letter, Councilman Prett stated that in order for the City's Growth Management Plan to be a success, mass trensportation must be addressed and, therefore, commented on the hiring of a Transportation Czar. Mr. Prett relayed his support of the Western Bypass Corridor because of how it deviates traffic around Pujol Street and commented on his proposal of a City Bus System and, therefore, requested a $5 million City contribution. Mayor Pro Tem Comerchero noted that the Rivereide Transit Authority (RTA) would be the mechanism utilized to provide bus service in the County; advised that the RTA would be as well the funding mechanism of such projects; that the City's ridership is lowest in the County; and stated that there is no reason to expend Generel Fund monies in the City for something that should be the responsibility of the RTA. Councilman Roberts noted that until the problem of sprewl is addressed from the City of Temecula to the Cities of Perris and Hemet, the discussion of mass transit/alternative methods of travel is a mute issue, advising that the issue of clustering and open space need to be addressed. Having received severel phone from individuals from the School District, Mayor Pro Tem Comerchero informed the City Council that the School Board has not endoreed the All-Weather treck at Chaparrel High School, noting that the project has not been depicted in the Board's CIP. Although he does not object to the City assisting with the funding of such a facility at either high school site, Mr. Comerchero viewed it as premature and inappropriate for the City Council to reflect it in its CIP prior to the Board reflecting it in its CIP. He, therefore, recommended that the $44,700 reflected in the City's CIP be removed and that the amount be rolled over into Community Services funding until a consensus has been reached as to the facility. R:\Minutes\062700 10 Councilman Naggar requested that the $44,700 be retained in the City's CIP for the facility. Concurring with Mayor Pro Tem Comerchero's comments, Councilman Roberts recommended that the $44,700 be rolled into the Community Service Funding Program and that a meeting be scheduled with the subcommittee in order to further address the matter. In response to Mayor Stone, City Manager Nelson advised that the $44,700 may be retained in the CIP as undesignated or it could be rolled into the Community Service Funding Program and reserved as a potential future joint use project between the City and the School District. Mayor Pro Tem Comerchero voiced no objection to retaining the amount in the CIP but that it be depicted as undesignated. Councilman Naggar relayed his opposition to retaining the $44,700 in the CIP as undesignated. MOTION: Mayor Pro Tern Comerchero moved that the previously designated $44,700 in the CIP for the All-Weather Track for Chaparral High School be retained in the CIP but depicted as undesignated funds. The motion was seconded by Councilman Roberts and voice vote reflected approval with the exception of Councilman Naggar who voted n._9. MOTION: Mayor Pro Tem Comerchero moved to approve, as amended, the Capital Improvement Program for FY2001-2005. The motion was seconded by Councilman Naggar and voice vote reflected approval with the exception of Mayor Stone who abstained with regard to Old Town Redevelopment Agency and Old Town CIP projects and Councilman Naggar who abstained with regard to the sidewalk project in Starlight Ridge and Councilman Pratt who voted n._9o. 18 Ordinance for Council Pay Increase RECOMMENDATION: 18.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 2000-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION NO. 2.04.050 OF THE TEMECULA MUNICIPAL CODE REVISING THE SALARY FOR COUNCILMEMBERS TO FIVE HUNDRED DOLLARS PER MONTH AS PROVIDED IN GOVERNMENT CODE SECTION 36516 AND PROVIDING FOR REIMBURSEMENT OF NECESSARY EXPENSES City Clerk Jones reviewed the staff report (of record), advising that former Councilman Lindemans forwarded an e-mail relaying his support of the pay increase. Having served on the City Council for the past eight years, Mayor Stone commented on the amount of time expended by the Councilmembers and advised that the proposed pay increase would not go into effect until the next election (November 2001). Although concurring with Mayor Stone, Councilman Naggar noted that he would be abstaining from this matter only because of his limited time served on the City Council. R:\Minutes\062700 11 City Attorney Thorson introduced and read Ordinance No. 2000-07 by title only. MOTION: Councilman Pratt moved to introduce Ordinance No. 2000-07. The motion was seconded by Mayor Pro Tern Comerchero and voice vote reflected approval with the exception of Councilman Naggar who abstained. 19 Consideration of adoption of a Resolution of Necessity for the Acquisition of Eminent Domain of property for Community Facilities in the Old Town Area (Old Town Tradina Post) RECOMMENDATION: 19.1 Consider adoption of a proposed resolution - a Resolution of Necessity of the City of Temecula declaring certain real property necessary for public purposes and authorizing the acquisition thereof in connection with the Old Town Area Community Facilities; 19.2 Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from staff the evidence stated and referred to in the report, take testimony from any person wishing to be heard on issues A, B, C, and D, and consider all of the evidence to determine whether to adopt the proposed resolution which requires a 4/5ths vote; 19.3 If the City Council finds, based upon the evidence contained in and referred to in the 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 staff recommends that the City Council, in the exercise of its discretion, adopt the proposed resolution (which requires a 4/5ths vote of the entire Council): RESOLUTION NO. 2000-52 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH COMMUNITY FACILITIES IN THE OLD TOWN AREA (OLD TOWN TRADING POST) City Attorney Thorson presented the staff report (as per agenda matter). At this time the hearing was opened in order to determine whether or not the owner wished to speak with regard to this matter. City Attorney Thorson noted that, to his knowledge, the owner had not requested to speak with regard to this matter. MOTION: Councilman Roberts moved to adopt Resolution No. 2000-52. The motion was seconded by Councilman Pratt and voice vote reflected approval with the exception of Mayor Stone who abstained. R:\Minutes\062700 12 20 Acquisition of property for Old Town Chiidren's Museum (located at 42081 Main Street - APN 922-036-028) RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. 2000-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND JACK AND MARY DAVIS (OLD TOWN TRADING POST) 20.2 Authorize an expenditure in an amount not to exceed $975,000 for acquisition, soil testing, inspections, escrow, closing costs, and relocation assistance. Director of Housing and Redevelopment Meyer reviewed the staff report (of record), advising that additional funding in the amount of $25,000 is being requested to cover related closing and inspection/testing costs with a total cost of $975,000.00 MOTION: Councilman Pratt moved to approve the staff recommendation and to adopt Resolution No. 2000-53. The motion was seconded by Councilman Roberts and voice vote reflected approval with the exception of Mayor Stone who abstained. 21 Resolution of Support for Needle Cricothyroidotomy (Placed on the agenda at the request of Mayor Stone.) RECOMMENDATION: 21.1 Adopt a resolution entitled: RESOLUTION NO. 2000-54- THE BROOKE HOFFEE CRICOTHYROIDOTOMY RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING FIELD PARAMEDICS USE OF NEEDLE CRICOTHYROIDOTOMY WITH JET INSUFFLATION PROCEDURE Inspired by a recent and unfortunate event that involved a young child who had choked on a toy ball, Mayor Stone informed the Council and public that the paramedics were called out but were unable to dislodge the object and that the child was taken to the hospital and pronounced died. Questioning why the paramedics did not exercise the use of a needle cricothyroidotomy, Mr. Stone advised that he was informed that the County of Riverside does not allow paramedics to utilize this procedure but that 75% of other jurisdictions within the State of California permit this procedure. Although this procedure may not have been successful in saving this child's life, Mayor Stone requested that the City Council support the proposed resolution to allow the County paramedics to apply all possible and available life-saving measures. R:\Minutes\062700 13 Mr. Michael Hoffee, 40747 Pocona Place, Murrieta, the father of Brooke Elizabeth Hoffee, questioned the County's restriction to permit paramedics to utilize this procedure; requested that this law be changed; and advised that the paramedics are already trained in this procedure and have equipment accessible on the rigs. In response to Councilman Naggar's request, Mr. Hoffee voiced no objection to naming Resolution No. 2000-54 in memory of Brooke Elizabeth Hoffee. Although an infrequently used procedure, Mr. R. D. O'Bryan, 13148 Sunset Lance, Moreno Valley, President of the Paramedics Association, relayed the Association's support of this procedure and briefly described how the equipment is used. Requesting the City Council's support of the resolution, Ms. Lisa LaRusso, 3289 Gallian Circle, Riverside, Vice President of the Paramedics Association, provided more factual data with regard to this procedure, noting the following: · That under the California Code of Regulations, Title 22, needle cricothyroidotomy is outlined under the basic scope of practice for all paramedics in the State of California; · That there are 56 counties in the State of California that provide advance life support and that only 7 are not allowing the procedure; · That the Paramedics Training Institution in the State are required to teach the State's basic scope of practice which include needle cricothyroidotomy. MOTION: Councilman Naggar moved to adopt Resolution No. 2000-54 (Brooke Hoffee) and directed that staff forward a copy of the resolution to each City within Riverside County requesting support and adoption of a similar resolution. The motion was seconded by Mayor Pro Tem Comerchero and voice vote reflected unanimous approval. 22 Planninq Commission Appointments (Oontinued from the meeting of June 13, 2000.) RECOMMENDATION: 22.1 Appoint two applicants to serve on the Planning Commission for full three-year terms through June 4, 2003. City Clerk Jones reviewed the staff report (as per agenda material). Thanking the Subcommittee members for either meeting or speaking with her, Ms. Maryann Edwards, 42913 Calle Londe, relayed her support of the City's Growth Management Plan and advised that she does not support pro-growth nor a building moratorium. Requesting the elimination of political posturing, Mr. Bob Lopshire, 42044 Atmore Court, questioned Councilman Naggar with regard to the $1,478.70 contribution he had received from Mr. Carl Ross and questioned why this contribution had not been reflected in Mr. Naggar's campaign statements. Having reviewed the Planning Commission candidates' applications and in light of the City's Growth Management Plan, Mr. Robert Oder, 29911 Mira Loma Drive, relayed his support of Mr. Ron Guerriero and Mr. Dennis Chiniaeff. R:\Minutes\062700 14 Ms. Pat Keller, P.O. Box 521, Temecula, encouraged the City Council to make decisions for the overall benefit of the community. In response to Mr. Lopshire, Councilman Naggar noted that Mr. Carl Ross' contribution was an in-kind contribution, not a cash contribution, and that if Mr. Lopshire were to call him, he would be willing to provide further clarification. Mr. Naggar reiterated his desire to appoint Mr. Carl Ross to the Planning Commission. MOTION: Councilman Naggar moved to appoint Mr. Carl Ross. This motion died for the lack of a second. MOTION: Mayor Pro Tern Comerchero moved to appoint Ms. Maryann Edwards. The motion was seconded by Councilman Roberts and roll call vote reflected denial of the motion, as follows: AYES: Comerchero, Roberts, Stone NOES: Naggar, Pratt ABSENT: None. ABSTAIN: None. MOTION: Councilman Naggar moved to appoint Deborah Christensen. The motion died for the lack of a second. MOTION: Councilman Roberts moved to appoint Mr. Dennis Chiniaeff. The motion was seconded by Councilman Naggar and roll call vote reflected approval of the motion, as follows: AYES: Naggar, Pratt, Roberts, Stone NOES: Comerchero ABSENT: None. ABSTAIN: None. MOTION: Councilman Roberts moved to appoint Mr. Ron Guerriero. The motion was seconded by Mayor Pro Tem Comerchero and roll call vote reflected denial of the motion, as follows: AYES: Comerchero, Roberts, Stone NOES: Naggar, Pratt ABSENT: None. ABSTAIN: None. R:\Minutes\062700 15 MOTION: Councilman Naggar moved to appoint Mr. Darrell Connerton. The motion was seconded by Councilman Pratt and roll call vote reflected denial of the motion, as follows: AYES: Comerchero, Naggar, Pratt NOES: Roberts, Stone ABSENT: None. ABSTAIN: None. MOTION: Councilman Naggar moved to appoint Mr. Ed Dool. The motion died for the lack of a second. MOTION: Councilman Naggar moved to appoint Ms. Deborah Christensen. The motion was seconded by Councilman Pratt and roll call vote reflected denial of the motion, as follows: AYES: Comerchero, Robeds, Stone NOES: Naggar, Pratt ABSENT: None. ABSTAIN: None. At this time, Mayor Stone commented on the City Council's responsible actions with regard to growth management issues for the past eight years. Recognizing Mr. Ron Guerriero for his service to the City, Mr. Stone noted that Mr. Guerriero deserves to be reappointed to the Planning Commission. MOTION: Mayor Pro Tern Comerchero moved to appoint Mr. Ron Guerriero. The motion was seconded by Councilman Roberts and roll call vote reflected approval of the motion, as follows: AYES: Comerchero, Pratt, Roberts, Stone NOES: Naggar ABSENT: None. ABSTAIN: None. 23 Ordinance amendinq City Commission Appointments (Placed on the agenda at the request of Mayor Stone and Mayor Pro Tern Comerchero.) RECOMMENDATION: 23.1 Introduce and read by title only an ordinance entitled: R:\Minutes\062700 16 ORDINANCE NO. 2000-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION NO. 2.40.050 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO APPOINTMENT OF CITY COMMISSIONERS City Clerk Jones presented the staff report (as per agenda material). In response to Mayor Stone, City Manager Nelson advised that of the 24 surveyed cities, no other cities require a four-fifths majority vote to appoint a City Commissioner. For Ms. Addanne McGregor, 34555 Madera de Playa, Mayor Pro Tem Comerchero provided information with regard to the City CounciFs initial decision, in 1990, to impose this requirement. Although Mr. Doug Woelke, 27513 Jimson Circle, had left the meeting, he had left written communication reflecting his support of the proposed ordinance in order to allow and efficient and functioning City government. Ms. Pamela Miod, P.O. Box 891736, representing Citizens First of Temecula Valley, relayed her opposition to the proposed action, noting that such action creates ill feeling about governmental process and possibly low-voter turnout. Ms. Pat Keller, P.O. Box 521, Temecula, noted that, in her opinion, this rule should not be changed. Having thoroughly reviewed the tapes of the June 23, 1990, City Council meeting at which this ordinance was originally adopted, Mayor Pro Tern Comerchero provided input with regard to the Council's reasoning for the four-fifths vote and noted that he does not favor super majorities in any instance. In light of the Council coming to a consensus on the appointment of two Planning Commissioners, Councilman Pratt spoke in opposition to the adoption of this ordinance. Councilman Naggar reiterated his desire to retain the required four-fifths vote. In light of the process followed in other cities, Councilman Roberts relayed his support of the ordinance. MOTION: Mayor Pro Tem Comerchero moved to introduce Ordinance No. 2000-08. The motion was seconded by Councilman Roberts and voice vote reflected approval with the exception of Councilmembers Naggar and Pratt who voted n__o. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT City Manager Nelson advised that the next quarterly Riverside County Integrated Plan Workshop will be Tuesday, July 18, 2000, at 6:00 P.M. R:\Minutes\062700 17 Mr. Nelson thanked Finance Director Roberts, Assistant Finance Director McDermott, Senior Management Analyst Papagolos, and the Finance Department for their outstanding efforts related to the completion of the Annual Operating Budget and the Capital Improvement Program. CITY ATTORNEY'S REPORT With respect to Closed Session, City Attorney Thorson advised that action with regard to Item No. 1 was taken in Open Session; with regard to Item No. 2, he advised that final action would be taken in Open Session; with respect to the litigation items, he advised that there were only three matters of potential litigation and that City Council gave direction with respect to those but that there were no reportable action. ADJOURNMENT At 11: 11 P.M., the City Council meeting was formally adjourned to Tuesday, July 11, 2000, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Susan W, Jones, [S,,E-,AL] '~..__ , ~; '~Jeffrey E. Stone, Mayor R:\Minutes\062700 18