HomeMy WebLinkAbout081302 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
AUGUST 13, 2002
After the Closed Session that convened at 5:30 P.M., the City Council convened in Open
Session at 7:01 P.M., on Tuesday, August 13, 2002, in the City Council Chambers of
Temecula City Hall, 43200 Business Park Drive, Temecula, California.
Present:
Councilmembers: Comerchero, Naggar, Pratt, Stone, Roberts
Absent:
PRELUDE MUSIC
Councilmember: None
The prelude music was provided by Johnathan Santos, Jr.
INVOCATION
The invocation was given by Pastor Ted Miller of Crossroads.
ALLEGIANCE
The flag ceremony was presented by Cub Scout Pack No. 301.
PRESENTATIONS/PROCLAMATIONS
Good Neiqhbor Award - David and Denise Guinn
Mayor Roberts presented the Good Neighbor Awardto Mr. and Mrs. Guinn, who, in turn,
accepted the award and expressed their appreciation to the City Council for its recognition.
Safety-T (Rape Crisis Center)
On behalf of the City, Mayor Roberts accepted the Circle of Safety Partnership Sponsor Award
which was presented by Dr. Francis.
My Community - Our Earth Proiect - GIS - John DeGanqe and James Bauman
Briefly commenting on this project, GIS Administrator DeGange introduced James Bauman, a
13-year old student at Linfield School, who, in turn, reviewed his project as it relates to the
sustainable development study of the Santa Margarita Watershed; noted that his project was
selected for exhibition at the World Summit of Sustainable Development in South Africa in
September; thanked GIS Administrator DeGange for his support as well as those efforts of the
Temecula Valley Museum staff; and presented to the City a poster, reflecting the facts of his
project.
PUBLIC COMMENTS
A. Having traveled around the country, Mrs. Patricia Birdsall, 41590 Avenida Barca,
commented on a newspaper article from Flor:,da in which the Temecula Film Council was
recognized and advised of a traffic camera system used to regulate/change traffic signals from a
master control panel.
R:\Minutes\081302
1
B. Mr. Chuck Washington, 31205 Kahwea Road, Board Member of the Theatre Foundation
and Chairman of the Theatre Foundation Fundraiser, thanked the City Council for its support
and invited the City Council, staff, and public to the upcoming performance by Fab Four in Old
Town and commented on the Foundation's efforts to achieve the one million dollar fundraising
goal.
CITY COUNCIL REPORTS
A. Commenting on the City's continuing efforts to eliminate red light abusers, Councilrflan
Comerchero noted that the Police Department has done an excellent job with regard to the
matter but encouraged the imposition of additional enforcement, apprising the public that if red
lights are run, fines will be imposed.
Having attended Congressman Issa's Transportation Advisory Committee meeting with
Mayor Roberts, Councilman Comerchero apprised the public of efforts which could possibly
provide half of the necessary funds to construct the Date/Cherry Interchange.
Mr. Comerchero relayed his delight with Mrs. Birdsall (former Mayor) attending the
meeting.
B. Mayor Pro Tem Stone as well noted his delight with seeing Mrs. Birdsall.
Having attended a Mass Transit Subcommittee meeting with Councilman Pratt, Mayor
Pro Tem Stone referenced Mr. Pratt's comprehensive monorail route for the City of Temecula
and noted that the matter would be explored in more detail.
Advising that the Open Space Subcommittee (comprised of Mayor Pro Tem Stone and
Councilman Naggar) had met, Mayor Pro Tern Stone noted that discussions included the
creation of an Open Space Acquisition Program, resident involvement, and ways to expedite the
acquisition of open space.
C. Councilman Naggar echoed his fellow colleagues' comments and, as well, welcomed
Mrs. Birdsall to the City Council meeting; concurred with comments made by Mr. Stone with
regard to the Open Space Subcommittee meeting; and encouraged the community to join a
Neighborhood Watch Program.
D. Councilman Pratt welcomed Mrs. BirdsaJl to the meeting; advised that a public hearing
for the Butterfield Stage Corridor has been scheduled for Tuesday, August 20, 2002, at the Lake
Elsinore Cultural Center and on Thursday, August 29, 2002, at the Murrieta City Council
Chamber.
With regard to the acquisition of open space, Mr. Pratt suggested considering the
property located on Margarita Road at the southeast corner of Solana Way.
E. In response to Councilman Pratt's comment, Mayor Roberts clarified that Butterfield
Stage Road, in the City's General Plan, has been designated as a City arterial road and that the
Riverside County Transportation Committee had unanimously voted to not designate the road
as a preferred route. Mayor Roberts encouraged public participation at the upcoming meetings
with regard to this matter.
R:\Minutes\081302
2
CONSENT CALENDAR
I Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the
agenda.
2 Approval of Minutes
RECOMMENDATION:
2.1 Approve the minutes of June 25, 2002.
3 Resolution Approvinq List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 02-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
4 City Treasurer's Report as of June 30, 2002
RECOMMENDATION:
4.1 Receive and file the City Treasurer's Report as of June 30, 2002.
5 City Council Meetinq Schedule - September 2002
RECOMMENDATION:
5.1 Direct the City Clerk to re-schedule the September 10, 2002 City Council Meeting to
September 17, 2002, and to perform the appropriate postings and noticing
requirements of the Government Code.
6 Riverside County Library Contract Amenc~ment No. 5
RECOMMENDATION:
6.1 Approve Amendment No. 5 to the agreement to provide library services (additional
staff).
6.2 Authorize the expenditure of an amount not to exceed $150,000 to fund the
Temecula Library Volunteer Coordinator half-time position and to subsidize funding
to maintain the Senior Reference Librarian and Reference Librarian positions for
fiscal year 2002-03.
R:\Minutes\081302
3
7 Arts Council of Temecula Valley Special Events Community Grant Aqreement
RECOMMENDATION:
7.1 Approve a Special Events Community Grant Agreement between the City of
Temecula and the Arts Council of Temecula Valley in the amount of $34,000.
(Pulled for separate discussion; see page 6.)
8 Review of City Conflict of Interest Code
RECOMMENDATION:
8.1 Adopt a resolution entitled:
RESOLUTION NO. 02-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE CITY'S CONFLICT OF INTEREST
CODE
9 Subdivision Improvement A.qreement and Bonds for TM 29639 Harveston Offsite
Improvements - Winchester Road Wideninq at Marqarita Road
RECOMMENDATION:
9.1 Accept the Subdivision Improvement Agreement for the offsite improvements
required of the Harveston Project Developer, Lennar Communities;
9.2 Accept the Subdivision Faithful Performance and Labor and Materials Bond as
security for the improvements and as a soume for claims against labor and
materials, respectively;
9.3 Direct the City Clerk to so advise the developer and surety.
10 Temporary Street Closure of Main Street between Old Town Front Street and the Murrieta
Creek Bridqe for the inau,qural event Temecula Onsta,qe scheduled for Auqust 31, 2002
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. 02-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE
OF MAIN STREET BETWEEN OLD TOWN FRONT STREET
AND MURRIETA CREEK BRIDGE FOR THE INAUGURAL
EVENT TEMECULA ONSTAGE SCHEDULED FOR AUGUST 31,
2002 AND AUTHORIZING THE DIRECTOR OF PUBLIC
R:\Minutes\081302
4
WORKS/CITY ENGINEER TO ISSUE SPECIAL EVENTS
PERMIT INCLUDING STREET CLOSURES
(Mayor Pro Tern Stone abstained with regard to this item.)
11 First Street Extension Environmental Miti.qation - Proiect No. PW01-08
RECOMMENDATION:
11.1 Reject all bids received on June 6, 2002 for the First Street Extension
Environmental Mitigation, Project No. PW01-08.
(Mayor Pro Tern Stone abstained with regard to this item.)
12 Award of Construction Contract for the Mercantile Buildin.q Seismic Retrofit Proiect, Project
No. PW01-20
RECOMMENDATION:
12.1 Award a construction contract for the Memantile Building Seismic Retrofit Project,
Project No. PW01-20 to 2H Construction, Inc. in the amount of $332,467.00 and
authorize the Mayor to execute the contract;
12.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $49,870.05, which is equal to 15% of the contract amount;
12.3 Approve an appropriate in the amount of $155,000.00 from the Redevelopment
Agency bond proceeds.
(Mayor Pro Tern Stone abstained with regard to this item.)
13 Resolution of Support - AB 415 (Runner) Emerqency Alert System
RECOMMENDATION:
13.1 Adopt a resolution entitled:
RESOLUTION NO. 02-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING AB415 (RUNNER) WHICH WOULD
CREATE A STATEWIDE PLAN TO USE THE EMERGENCY
ALERT SYSTEM AS "AMBER ALERTS" TO INFORM THE
PUBLIC OF KIDNAPPINGS
14 Contract for Cost of Service (User Fee) Study and Development Impact Fee Study
recommendation:
14.1 Approve the agreement with Maximus (formerly David M. Griffith & Associates) to
conduct a cost of service (user fee) and development impact fee analysis in an
amount of $60,000;
14.2 Approve a contingency of 10% in an amount not to exceed $6,000.
R:\Minutes\081302
5
MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1 - 6 and 8 - 14
(Item No. 7 was pulled for separate discussion; see page 6.) The motion was seconded by
Councilman Comerchero and voice vote reflected approval with the exception of Mayor Pro
Tern Stone who abstained with regard to Iter:n Nos. 10, 11, and 12.
CONSENT CALENDAR ITEM NO. 7 PULLED FOR SEPARATE DISCUSSION
7. Arts Council of Temecula Valley Special Events Community Grant A.qreement
RECOMMENDATION:
7.1
Approve a Special Events Community Grant Agreement between the City of
Temecula and the Arts Council of Temecula Valley in the amount of $34,000.
Although in full support of the Community Grant Agreement, Mayor Pro Tern Stone requested
that the Riverside Philharmonic Orchestra be asked, if available, to perform this year. Realizing
that their performance could possibly exceed the requested amount, Mr. Stone requested that
additional funds be approved to ensure the performance of the Riverside Philharmonic
Orchestra.
Concurring with Mayor Pro Tem Stone's comment, Councilman Comerchero suggested to
approve the grant agreement in the amount of $34,000 and granting the City Manager the
authority to expend an additional $7,500, if necessary, to secure a performance from the
Riverside Philharmonic Orchestra.
MOTION: Councilman Naggar moved to approve staff recommendation and to authorize the
City Manager to expend an additional $7,500 to secure, if available, a performance from the
Riverside Philharmonic Orchestra. The motion was seconded by Councilman Pratt and voice
vote reflected unanimous approval.
At 7:34 P M., the City Council convened as the Temecula Community Services District, the
Temecula Redevelopment Agency, the Temecula Public Financing Authority, and the
Winchester Hills Financing Authority and, after a short recess, the City Council Meeting
resumed will regular business at 7:42 P.M.
PUBLIC HEARING
15 Villaqes of Temecula - General Plan Amendment (PA00-0138); Chanqe of Zone (PA00-
0139); Development Plan (PA00-0140); Tentative Parcel Map No (PA00-0152)
(Continued from the meetin.q of June 25, 2002)
RECOMMENDATION:
15.1 Continue the public hearing to the meeting of September 17, 2002.
MOTION: Mayor Pro Tern Stone moved to continue this public hearing to the City Council
meeting of September 17, 2002. The motion was seconded by Councilman Naggar and voice
vote reflected unanimous approval.
R:\Minutes\081302
6
COUNCIL BUSINESS
16 Formation of Temecula/Murrieta Subcommittee
RECOMMENDATION:
16.1 Appoint two members to serve on the joint Temecula/Murrieta Subcommittee.
MOTION: Mayor Pro Tern Stone moved to appoint Mayor Roberts and Councilman
Comerchero to the TemeculaJMurrieta Subcommittee. The motion was seconded by
Councilman Naggar and voice vote reflected unanimous approval.
17 Presentation and Update on Meqan's Law
RECOMMENDATION:
17.1 Receive and file report.
For the viewing public, Police Chief Domenoe provided an update as to the progress made by
the City and the Police Department in releasing information pursuant to Megan's Law; clarified
the information that would be available through the Megan's Law database; advised that the
database will be accessible to the public, at the Old Town Storefront, within the next 30 days;
thanked and commended the Webmaster as well the GIS Administrator for their efforts
associated with this project; and advised that the City currently has 35 sex offenders.
In response to Mayor Pro Tem Stone, Police Chief Domenoe advised that the Department has
and will continue to follow the law to the maximum potential; that State Law does not allow the
Police Department to complete quarterly reviews of the offenders; and that a sex offender is
required to register on a yearly basis for life with the Police Department.
Although not representing the Sheriff's Department, City Attorney Thorson concurred with Po[ice
Chief Domenoe's comments as to the City's restrictions, by State law, as it relates to the
dissemination of information.
For Councilman Comerchero, Police Chief Domenoe further clarified the information that will be
available through the County database, noting that an individual would not be able to attain the
actual address of a sex offender.
In response to Councilman Naggar, Police Chief Domenoe noted that once an individual were
to obtain information from the database, this information may not be used to harass, annoy, or
bother an offender but may be used to educate others about the location of the offender.
Councilman Naggar thanked Police Chief Domenoe for the update.
Concurring with Police Chief Domenoe's comments as to the use of the information, City
Attorney Thorson suggested that anyone who is interested in disseminating information about
an offender contact the Attorney General for specifics.
Councilman Pratt encouraged those individuals with computers to assist those individuals
without computers to ensure the information may disseminated.
R:\Minutes\081302
7
Referencing other states' websites, Mr. Rick Reiss, 43602 Modena Drive, relayed his dismay
with this State's restrictions to provide more detailed information on the database and, therefore,
urged the changing of State law.
Councilman Naggar requested the adoption of a resolution, advocating placing the database on
the intemet in order to make it more readily accessible to the public.
Concurring with Councilman Naggar's request, Mayor Pro Tem Stone suggested the adoption of
a City resolution, appealing to the State to change existing laws, and to forward that resolution
to all Riverside County cities through the California League of Cities.
City Manager Nelson as well recommended that the resolution be forwarded to local State
representatives.
Mr. Doug McAIlister, 27478 Enterprise Circle, applauded the City on its foresight and effort with
regard to the Website and echoed Mr. Reiss' comments to expand the available information.
MOTION: Councilman Naggar moved to receive and file the report. The motion was seconded
by Councilman Comerchero and voice vote reflected unanimous approval.
Councilman Naggar, echoed by City Manager Nelson, thanked the City Council for its support
and commended Police Chief Domenoe, Webmaster Comerchero, and GIS Administrator
DeGange for their associated efforts.
18 N nety-Day Emerqency Traffic Plan
(Placed on the agenda at the request of Councilman Pratt)
RECOMMENDATION:
18.1 Oral Presentation by Councilman Pratt.
As per written material, Councilman Pratt provided an overview of this item (of record),
commenting on his intent to save the lives of Temecula citizens by developing their awareness
to obey the traffic laws.
CITY MANAGER'S REPORT
NO comment.
CITY ATTORNEY'S REPORT
With regard to Closed Session, City Attorney Thorson noted that City Council provided direction
to certain items but that there were no reportable actions under the Brown Act.
R:\Minutes\081302
8
ADJOURNMENT
At 8:30 P.M., the City Council meeting was formally adjourned to Tuesday August 27, 2002, at
6:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
AT'~,,EST:
Jone~
Ron Rob~erts, Mayor
R:\Minutes\081302
9