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HomeMy WebLinkAbout072203 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JULY 22, 2003 After the Closed Session that convened at 6:00 P.M., the City Council convened in Open Session at 7:00 P.M., on Tuesday, July 22, 2003, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Absent: PRELUDE MUSIC Councilmembers: Comerchero, Naggar, Pratt, Roberts, Stone Councilmember: None The prelude music was provided by Joanne Algier. INVOCATION The invocation was given by Pastor Lamont Lawson of Mountain View Community Church. ALLEGIANCE The flag salute was presented by Councilman Pratt. PRESENTATION/PROCLAMATIONS None given. PUBLIC COMMENTS A. Martha Minkler and Paula Stankovich, representing the Arts Council, thanked the City for their support of the arts, and presented the City Council with a poster from the Arts in the Country Festival. B. Mr. Otto Baron, 28681 Pujol Street, requested signage rules regarding Old Town be revised. CITY COUNCIL REPORTS A. Mr. Roberts reminded the City Council that Habitat for Humanity ground breaking take place this Saturday, July 26th, at 10:00 A.M., at the northwest corner of Pujol Street and First Street. B. Mayor Stone commended the Police Department for their enhanced enforcement with respect to the Red Light Program. He also requested an update regarding vandalism at Paloma Del Sol Park. Reporting on the League of California Cities meeting several of the council attended in Monterey, Mayor Stone reported the League will be proactive in getting an initiative on the next ballot which will safeguard the revenues the Cities receive from the State, assuring cities will be able to continue providing its citizens with quality services. R:\Minutes\072203 1 CONSENT CALENDAR 1 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 Resolution approvinq List of Demands RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 03-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 5 Minutes RECOMMENDATION: 3.1 Approve the minutes of May 27, 2003; 3.2 Approve the minutes of June 10, 2003. Fire/EMS Protection Aqreement for FY 2003-04 RECOMMENDATION: 4.1 Approve the amended Exhibit A to the Fire Protection Agreement for Fiscal year 2003-04. Fifth Amendment to the Agreement for Law Enforcement Services RECOMMENDATION: 5.1 Approve the fifth amendment to the agreement for law enforcement services between the County of Riverside and the City of Temecula to include the hiring of one motorcycle officer, one traffic investigation officer, and one patrol officer. Roripauqh Ranch Detachment from Valley Wide Recreation and Park District RECOMMENDATION: 6.1 Adopt a resolution entitled: R:\Minutes\072203 2 RESOLUTION NO. 03-86 A JOINT RESOLUTION OF THE BOARD OF DIRECTORS OF THE VALLEY WIDE RECREATION AND PARK DISTRICT AND THE CITY COUNCIL OF THE CITY OF TEMECULA DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BY AND BETWEEN THE CITY OF TEMECULA AND THE VALLEY WIDE RECREATION AND PARK DISTRICT RESULTING FROM THE RORIPAUGH RANCH DETACHMENT FROM THE VALLEY WIDE RECREATION AND PARK DISTRICT 7 City Treasurer's Statement of investment Policy RECOMMENDATION: 7.1 Adopt the Treasurer's Statement of Investment Policy as proposed by staff which provides safety, liquidity, and yield for City funds. 8 FY2003-04 Economic Development Operating/Marketing Aqreements RECOMMENDATION: 8.1 Approve the operating/marketing agreements and authorize the Mayor to execute the agreements with the following organizations: · The Temecula Valley Chamber of Commerce in the amount of $148,000; · The Economic Development Corporation of Southwest Riverside County in the amount of $22,500; · The Southwest Riverside County Economic Alliance in the amount of $75,000. 9 Approve Economic Development Event Sponsorship Requests RECOMMENDATION: 9.1 Approve the Sponsorship and Funding Agreement in the amount of $25,000 and City-support costs in the amount up to$8,800 for The Inland Empire Affiliate of the Susan G. Komen Breast Cancer Foundation Race for the Cure event; 9.2 Approve the Event Sponsorship Agreement for actual City-support costs in the amount up to $25,150 for the Temecula Fall Car Show & Old Town Cruise; 9.3 Approve the Event Sponsorship Agreement for actual City-support costs in the amount up to $5,100 for Temecula on Stage; 9.4 Approve the Event Sponsorship Agreement for actual City-support costs in the amount up to $11,900 for The Great Tractor Race. R:\Minutes\072203 3 10 First Amendment to the Pool Maintenance Services Agreement RECOMMENDATION: 10.1 Approve the first amendment with H2© Pool and spa Services which will exercise the City's option for a one-year extension of the agreement; the agreement will be extended through June 30, 2004; 10.2 Authorize the expenditure of funds in the amount of $26,700.00 to provide maintenance services for the two pools at the Community Recreation Center and the one pool at Temecula Elementary School; 10.3 Approve a 10% contingency in the amount of $2,670.00. 11 Quitclaim of Sewer Pipeline Easement RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO, 03-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE. QUITCLAIM OF A SIXTY FOOT (60') WIDE UTILITY EASEMENT FOR SEWER PIPELINE PURPOSES TO RAINBOW CANYON DEVELOPMENT, LLC (SOUTHEAST CORNER OF STATE ROUTE 79 SOUTH AND PECHANGA PARKVVAY) 11.2 Authorize the City Clerk to forward the executed quitclaim deed to First American Title Company for recordation. 12 Approval of the Pre-Qualified Contractors for the Old Town Community Theater Project - Project No. PW02-23 RECOMMENDATION: 12.1 Approve the following list of construction firms, as Pre-Qualified Contractors eligible to submit bids for the Old Town Community Theater Project: 2H Construction, Inc, Long Beach, CA Dennis J. Amoroso Construction company, Inc., Irvine, CA Edge Development, Inc., Temecula,.CA ProWest PCM, Inc., Temecula, CA SOPAC, Inc. dba Soltek Pacific, San Diego, CA Swinerton Builders, San Diego, CA Taylor Frager, Inc., Temecula, CA R:\Minutes\072203 4 Tovey/Shultz Construction Company, Lake EIsinore, CA W.D. Gott Construction Company, Upland, CA 13. Completion and Acceptance for the Mercantile Buildinq Seismic Retrofit Proiect - Proiect No. PW-01-20 RECOMMENDATION: 13.1 Accept the Mercantile Seismic Retrofit Project - Project No. PW01-20 - as complete; 13.2 File a Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; 13.3 Release the Labor and Materials Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. Pulled for separate action; see Page 6, 14 French Valley Parkway/l-15 Overcrossinq and Interchanqe - Proiect No. PW02-11 - Acquisition Agreement between the City of Temecula and Joseph C. Harold Trust and Charles R. Hebard Trust RECOMMENDATION: 14.1 Approve and authorize the City Manager to execute in substantially the form submitted, the PURCHASE AND SALE AGREEMENT BETVVEEN THE CITY OF TEMECULA AND JOSEPH C. HEROLD AND CHARLES R. HEBARD, for the acquisition of certain real property in the amount of $1,286,768.00 plus the associated escrow fees; 14.2 Direct the City Clerk to record the document; 14.3 Adopt a resolution entitled: RESOLUTION NO. 03-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR' GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS PERMITrED BY GOVERNMENT CODE SECTION 27281 15 Arts Council of Temecula Valley Special Events Community Grant Aqreement RECOMMENDATION: 15.1 Approve a Special Events Community Grant Agreement between the City of Temecula and the Arts Council of Temecula Valley in the amount of $41,500; R:\Minutes\072203 5 15.2 Appropriate $7,500 from General Fund Reserves to provide for the Riverside Philharmonic Orchestra's performance at the Spring Concert. MOTION: Mayor Pro Tem Naggar moved to approve Consent Calendar Item Nos. 1-12, and 14 and 15. (Item No. 13 was pulled from the Consent Calendar for separate action:) The motion was seconded by Councilman Comerchero, and voice vote reflected unanimous approval. 13. Completion and Acceptance for the Mercantile Buildinq Seismic Retrofit Project - Proiect No. PW-01-20 RECOMMENDATION: 13.1 Accept the Mercantile Seismic Retrofit Project - Project No. PW01-20 - as complete; 13.2 File a Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; 13.3 Release the Labor and Materials Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. Prefacing his comments with his background as a Structural Engineer, Councilman Pratt recommended after meeting with Building Director Tony Elmo and the Structural Engineer, that the City put a thin membrane of gunite on the walls, to secure safety of citizens. City Manager Nelson thanked Councilman Pratt for his comments, stating there is merit to this recommendation, and when tenant improvements of the Mercantile Building are outlined, this recommendation will be brought back to the City Council for action. MOTION: Councilman Roberts moved to approve Item No. 13. The motion was seconded by Mayor Pro Tern Naggar, and voice vote reflected unanimous approval. Mayor Stone paid tribute to Les Adams, one of the original supporters of Temecula Cityhood, who died Saturday, July 5th, 2003. He recommended that one of the Community Services Scholarships, presented to Temecula highschool seniors, be named "The City of Temecula Les Adams Scholarship." PUBLIC HEARING 16 Weed Abatement Lien Resolution for FY 2001-2002 and the FY 2002-2003 RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 03-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL R:\Minutes\072203 6 ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION FOR THE FISCAL YEAR 2001-2002 16.2 Adopt a resolution entitled: RESOLUTION NO. 03-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION FOR THE FISCAL YEAR 2002-2003 Director of Planning Ubnoske presented the staff report (of record). Mayor Pro Tem Naggar requested that repeat offenders be subject to some type of civil penalty, and that this point be investigated during discussions of a Civil Penalty Ordinance. Reporting that this can be researched, he did state'that full City costs are currently recovered during the weed abatement process. Councilman Roberts requested that the property lobated south of Rancho California Road and east of Ynez be mowed as soon as possible, as a safety precaution. Mayor Stone opened the public hearing at 7:43 P.M. Hearing no requests to speak, Mayor Stone closed the public hearing at 7:43 P.M. MOTION: Mayor Pro Tem Naggar moved to approve staff recommendation. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. 17. Planninq Application No. 02-0257 (Conditional Use Permit & Development Plan) - Grace Presbyterian Church RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 03-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0257, CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN TO CONSTRUCT, ESTABLISH AND OPERATE A CHURCH FACILITY IN TWO PHASES TO INCLUDE A FELLOWSHIP HALL WITH ' ADMINISTRATION AND CLASSROOM AREAS, A TEMPORARY MODULAR CLASSROOM BUILDING, A 45 SEAT CHURCH SANCTUARY WITH YOUTH ROOM, AND ADDITIONAL CLASSROOMS TOTALING 23,770 SQUARE FEET AT BUILDING-OUT AND TO OVERRIDE THE AIRPORT LAND USE COMMISSION R:\Minutes\072203 7 DECISION THAT DETERMINED THE PROPOSED USE TO BE INCONSISTENT WITH THE FRENCH VALLEY AIRPORT LAND USE PLAN ON THE 4.98 ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF CALLE MEDUSA AND NICOLAS ROAD KNOWN AS ASSESSORS PARCEL NO. 957-140-010 Planning Director Ubnoske presented the staff report (of record). Mayor Pro Tem Naggar asked why the Airport Land Use Commission determined this project inconsistent with the French Valley Airport Land Use Plan. Planning Director Ubnoske answered that the letter did not specify their concerns, however the letter listed conditions to be adopted if the City Council chose to override their determination. She further clarified that clearly, this project is on the outskirts of any influence area. Mayor Stone stated that this project could potentially fall within the flight pattern, as stated his concern regarding this issue. City Attorney Thorson clarified the issue, explaining the French Valley Land Use Plan only discouraged the use and did not prohibit the use, nor determine that the use would be incompatible with the airport. He explained conditions provided by the Airport Land Use Commission would effectively mitigate any concerns present. Councilman Pratt explained he is the representative for the City on the Airport Land Use Commission, and stated he is in favor of this project. Mayor Stone opened the public hearing at '~:50 P.M. Reverend Jerry Hanger, 27895 Diaz Road,' spoke in favor of the project and asked for the City Council's support. He introduced Russell Rumansoff, as the project architect, to answer any questions the City may have. Mr. Russell Rumansoff, 27349 Jefferson Avenue, commented he worked with the Land Use Commission who requested this project be moved 200 feet to the South, however due to sight constraints, this was impossible. He stated he is in favor with all the conditions of approval the Land Use Commission requested. Mayor Stone closed the public hearing at 7:56 P.M. Mayor Stone voiced his opposition to the project, due to the following: safety concerns; and the possibility that projects such as this will impede future development and expansion to the French Valley Airport, which provides economic development to this region. MOTION: Councilman Roberts moved to approve 'staff recommendation. The motion was seconded by Councilman Comerchero and voice vote reflected approval, with the exception of Mayor Stone in opposition. R:\Minutes\072203 8 COUNCIL BUSINESS 17 Old Town Local Review Board Appointments RECOMMENDATION: 18.1 Appoint three applicants to serve full three-year terms on the Old Town Local Review Board. City Clerk Jones presented the staff report (of record). MOTION: Mayor Pro Tem Naggar moved to appoint Douglas Haserot and re-appoint Albert Blair and William Harker to serve full three-year terms through May 15, 2006. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. CITY MANAGER'S REPORT Nothing to report. CITY ATTORNEY'S REPORT With regard to Closed Session, City Attorney Thorson reported that with respect to Item No. 1, the Council did set just compensation for those properties at the intersection of Jefferson and Winchester Road, and authorized staff to submit offers to acquire that right-of-way. With regard to the remainder of Closed Session, City Attorney Thorson said there was nothing to report. ADJOURNMENT 8:06 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday, July 22, 2003, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: R:\Minutes\072203 9