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HomeMy WebLinkAbout092303 CC Minutes I I I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL SEPTEMBER 23, 2003 The City Council convened in Closed Session at 6:00 P.M. and in Open Session at 7:00 P.M., on Tuesday, September 16, 2003, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Councilmembers: Comerchero, Naggar, Pratt, Roberts, and Stone Absent: Council member: None PRELUDE MUSIC The prelude music was provided by Margaret Bird. INVOCATION The invocation was given by Reverend Jerry Hangen of Grace Presbyterian Church. ALLEGIANCE The flag ceremony was presented by Councilman Roberts. At this time, Mayor Stone advised that because of on-going discussions with Verizon, it is being recommended that with regard to Council Business Item No. 17 (Second Reading of Cable, Video, and Telecommunications Ordinance) that a subcommittee be formed to address this issue. MOTION: Mayor Pro Tem Naggar moved to appoint Mayor Stone and Councilman Roberts to serve on this committee. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. PRESENTATION/PROCLAMATIONS Presentation of the Platinum Luna Award to the Citv bv the County Health Department/Luna Association Commending the City on its accomplishments, Mr. Pat Kudell, executive Director of the Lung Association for Inland Counties, and Mr. Bob Peterson, Senior Health Educator for the County Health Department, presented the Platinum Lung Award to the City. Mr. Kudell and Mr. Peterson as well commend Police Deputy McElvain for his instrumental efforts in the City's progress. Certificated of Achievement to the National Winners in the Bovs and Girls Clubs of America Photoaraphv Contest Congratulating the following individuals, certificates were presented to each for their accomplishments: Cheyenne Elmore Ashley Krex R:\Minutes\092303 1 I I I Linsday Marine Emily E. Mendoza Cameron Sypher Shaquille Wilson PUBLIC COMMENTS A. Introducing herself to the City Council, Ms. Lisha Smith, 21865 Copley Drive, City liaison to the South Coast Air Quality Management District, and offered herself as a City resource and provided an overview of the responsibilities of the District. B. Ms. Pam Grender, 45572 Callesito Altar, representing the Temecula Valley Historical Society, requested that the plaque commemorating the Southern California Railroad installed near the new Children's Museum. With regard to the railroad, Mayor Stone suggested the exploration of the current location of the railroad. C. Ms. Charlotte Fox, 32800 Hupa Drive, representing the Temecula Valley Historical Society, commented on the benefits of historic preservation. D. Commenting on a recent graffiti attack in Old Town, Mr. Otto Baron, 28681 Pujol Street, as well expressed concern with the development of a low-income area in Old Town. CITY COUNCIL REPORTS A. Advising that the Christmas Season will be quickly approaching, Councilman Pratt advised that he had attended a High Hopes Luau and extended accolades to Recreation Supervisor Adkisson. Referencing recent articles with regard to traffic congestion at the high school and at Pechanga Parkway, Mr. Pratt commended Deputy Bailey on a job well done with regard to the high school and for the benefit of the public, showed pictures of Mr. Bailey's efforts. In closing, Mr. Pratt commented on a letter received from the Rainbow Canyon Villages Homeowners Association requesting a traffic light along Pechanga Parkway. B. By way of pictures, Councilman Roberts referenced the Regional Transportation Plan, providing background information, commenting on the responsibilities of Southern California Association of Governments (SCAG), advising that the Plan has to meet conformity and if those requirements are not met, no federal funding would be provided, highlighting the exploration of a dedicated truck-way system, and commenting on the Alamito Corridor extension and the MagLev System. 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. R:\Minutes\092303 2 I I I 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of August 26, 2003. 3 Resolution approvina List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 03.135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Financial Statements for the Fiscal Year ended June 30. 2003 RECOMMENDATION: 4.1 Receive and file the Financial Statements for the Fiscal Year ended June 30, 2003; 4.2 Approve an increase in: · Development Impact Fee estimated interest revenue in the amount of $228,000 . AB 3229 COPS estimated revenue in the amount of $12,000 . Capital Improvement Program estimated interest revenue in the amount of $384,000 4.3 Approve a budget transfer of $3,800 to City Council Department from PW Department; 4.4 Approve a budget transfer of $400,000 to Police Department from PW Department; 4.5 Approve an appropriation for AB 3229 COPS Fund in the amount of $12,000. 5 City Council Meetina Schedule - October 2003 RECOMMENDATION: 5.1 Reschedule the October 14, 2003, City Council meeting to Wednesday, October 22, 2003 and to perform the appropriate postings and noticing requirements of the Government Code. R:\Minutes\092303 3 I I I 6 Manaaement Compensation Plan Amendment RECOMMENDATION: 6.1 Adopt an amendment to add the following positions to the Management Compensation Plan: Director of Information Systems (formerly IS Manager), Information Systems Administrator, and GIS Administrator; 6.2 Adopt an amendment to the Management Compensation Plan to allow City Councilmembers or management employees to participate in an alternate, City- approved retirement plan, as allowable by law. 7 Extension of Contract for Union Bank Bankina Services RECOMMENDATION: 7.1 Approve a four-year extension of the City's contract for banking services with Union Bank of California, N.A.; 7.2 Authorize the City Manager and City Attorney to execute all necessary agreements. 8 Sponsorship reauest for the Good Old Davs Car Show RECOMMENDATION: 8.1 Approve funding for the Good Old Days Car Show for actual City support costs, which are estimated to be approximately $40,000; 8.2 Approve the Good Old Days Car Show sponsorship agreement with Central Coast Productions in substantial form with the final agreement being subject to approval by the City Attorney and authorize the Mayor to execute the agreement. (Pulled for separate discussion; see pages 6-7.) 9 Consultant Services Aareement for Enaineerina Desian Services for Jefferson Avenue Pavement Rehabilitation - Phase II from south of Overland Drive to Rancho California Road - Proiect PW02-26 RECOMMENDATION: 9.1 Approve an amendment with AEI CASC Engineering in an amount not to exceed $85,611.00 to design Jefferson Avenue Pavement Rehabilitation - Phase II from south of Overland Drive to Rancho California Road - Project No. PW02-26 - and authorize the Mayor to execute the agreement; 9.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $8,561.10, which is equal to 10% of the agreement amount. R:\Minutes\092303 4 I I I 10 Amendment NO.3 to the Aareement between the City and Michael Brandman Associates for Professional Environmental Enaineerina Services for Pechanaa Parkwav Phase II Improvements - Proiect No. PW99-11 RECOMMENDATION: 10.1 Approve Amendment NO.3 to the agreement with Michael Brandman Associates to provide professional engineering services for the Pechanga Parkway Phase II Improvements - Project No. PW99-11 - for an amount not to exceed $26,300.00 and authorize the Mayor to execute the agreement. 11 Amendment to the Professional Services Aareement with Proiect Desian Consultants for Enaineerina Desian Services for the Murrieta Creek Bridae and Overland Drive Extension from Diaz Road to Commerce Center Drive - Proiect No. PWOO-26 RECOMMENDATION: 11.1 Approve an acceleration of $170,000 from the Capital Improvement Program Budget for FY2004-2005 to the current FY2003-2004 budget for the Murrieta Creek Bridge and Overland Drive Extension - Project No. PWOO-26; 11.2 Approve the amendment to the agreement with Project Design Consultants to provide professional design services in an amount not to exceed $370,200.00 and authorize the Mayor to execute the agreement; 11.3 Authorize the City Manager to approve amendments to the agreement not to exceed the contingency amount of $37,020.00, which is equal to 10% of the amendment total. (Pulled for separate discussion; see pages 7-a.) 12 Authorize Temporarv Partial Street Closures for Race for/he Cure Event on October 19. 2003. in the Promenade Mall area (located at Maraarita Road. Overland Drive, Ynez Road. and Solana Wav) RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 03-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING PARTIAL STREET CLOSURES FOR INLAND EMPIRE RACE FOR THE CURE EVENT ON OCTOBER 19, 2003, AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THIS SPECIFIC SPECIAL EVENT R:\Minutes\092303 5 I I I 13 Resolution of Support for Local Government Ballot Initiative (at the request of Councilman Comerchero) RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 03-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING A STATEWIDE BALLOT INITIATIVE TO REQUIRE VOTER APPROVAL BEFORE STATE GOVERNMENT MAY TAKE LOCAL TAX FUNDS (Pulled for separate discussion; see page a.) 14 Tract Map No. 29353-2 (located south of Murrieta Hot Sprinas Road and west of the Metropolitan Water District Fee Riaht-of-Wav within the Roripauah Ranch Specific Plan RECOMMENDATION: 14.1 Approve the Agreement to defer completion of conditions of approval until after recordation of Final Map for Tract Map No. 29353-2 (Roripaugh Ranch SpeCific Plan); 14.2 Approve Tract Map No. 29353-2 in conformance with .the conditions of approval; 14.3 Approve the Subdivision Improvement Agreement; 14.4 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as security for the agreements. MOTION: Mayor Pro Tem Naggar moved to approve Consent Calendar Item Nos. 1 -7, 9 -10, 12, and 14. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. Consent Calendar Items considered under seDarate discussion 8 Sponsorship reauest for the Good Old Davs Car Show RECOMMENDATION: 8.1 Approve funding for the Good Old Days Car Show for actual City support costs, which are estimated to be approximately $40,000; 8.2 Approve the Good Old Days Car Show sponsorship agreement with Central Coast Productions in substantial form with the final agreement being subject to approval by the City Attorney and authorize the Mayor to execute the agreement. R:\Minutes\092303 6 I I I Assistant to the City Manager Yates provided the staff report (of record), advising that under this particular agreement no alcoholic beverages will be served at the event and that extensions of the agreement will be at the discretion of the City Council. Advising that the Temecula Town Association (TTA) has provided a successful Temecula Rod Run Event for the past six years, Ms. Kay Williams, 45542 Masters Road, apprised the Council of an opportunity for the TTA to merge its efforts with another local, non-profit charitable group; noted that proceeds would be donated to the local community; and requested a continuance in an effort to provide more detailed information to the City Council for its review. Having proceeded with a legal process to solicit firms for this event, Councilman Comerchero advised that although TTA had not submitted an application, it was submitted after the official closing date and, therefore, was returned; relayed his willingness to communicate with the TTA with regard to this merger as it relates to further events but that it should be outside the parameters of this particular event; and spoke in support of the proposed recommendation. Echoing Councilman Comerchero's comments, Councilman Roberts and Mayor Stone relayed their support to proceed at this time with staff's recommendation. MOTION: Councilman Comerchero moved to approve staff recommendation. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. 11 Amendment to the Professional Services Aareement with Proiect Desian Consultants for Enaineerina Desian Services for the Murrieta Creek Bridae and Overland Drive Extension from Diaz Road to Commerce Center Drive - Proiect No. PWOO-26 RECOMMENDATION: 11.1 Approve an acceleration of $170,000 from the Capital Improvement Program Budget for FY2004-2005 to the current FY2003-2004 budget for the Murrieta Creek Bridge and Overland Drive Extension - Project No. PWOO-26; 11.2 Approve the amendment to the agreement with Project Design Consultants to provide professional design services in an amount not to exceed $370,200.00 and authorize the Mayor to execute the agreement; 11.3 Authorize the City Manager to approve amendments to the agreement not to exceed the contingency amount of $37,020.00, which is equal to 10% of the amendment total. Public Works Director Hughes reviewed the staff report (as per agenda material). In response to Mayor Stone's concern with the possible elimination of the Arizona crossing, Public Works Director Hughes noted that until the completion of the design, it will not be determined whether or not the crossing will have to be eliminated and that having anticipated the potential closing, the widening of Rancho California Bridge will built in additional capacity. Because this project is not part of a cumulative presentation of all circulation projects within the Capital Improvement Plan, Councilman Pratt relayed his opposition to the recommendation. In response to Councilman Pratt, Public Works Director Hughes noted that the proposed project would be consistent with the City's Circulation Element and General Plan, which include environmental studies, and that the proposed contract amendment will as well complete additional environmental studies. R:\Minutes\092303 7 I I I MOTION: Councilman Comerchero moved to approve the staff recommendation. The motion was seconded by Mayor Pro Tem Naggar and voice vote reflected approval with the exceDtion of Councilman Pratt who voted no. 13 Resolution of Support for Local Government Ballot Initiative (at the request of Councilman Comerchero) RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 03.137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING A STATEWIDE BALLOT INITIATIVE TO REQUIRE VOTER APPROVAL BEFORE STATE GOVERNMENT MAY TAKE LOCAL TAX FUNDS Apprising the publiC of the formation of a grass roots organization created by the League of California Cities, Councilman Comerchero advised that this organization will be exploring the possibility of passing a State Constitutional amendment which would protect local revenues and mandate that a citizen vote would be required to determine whether or not the State Legislature may take funds earmarked for cities. MOTION: Mayor Pro Tem Naggar moved to adopt the resolution. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. At 7:56 P.M. a short recess was called after which the City Council convened as the Temecula Community Services District, the Temecula Redevelopment Agency, the Temecula Public Financing Authority, and the Temecula Public Facilities Financing Corporation, the City Council meeting resumed with regular business at 8:40 P.M. COUNCIL BUSINESS 15 Determination of Unpaid Assessments and authorization of Issuance of Bonds for City of Temecula Assessment District No. 03-04 (John Warner Road) RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 03.13a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DETERMINING UNPAID ASSESSMENTS - ASSESSMENT DISTRICT NO. 03-04 (JOHN WARNER ROAD) R:\Minutes\092303 8 I I I 15.2 Adopt a resolution entitled: RESOLUTION NO. 03-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE ISSUANCE OF IMPROVEMENT BONDS PURSUANT TO THE IMPROVEMENT BOND ACT OF 1915 AND APPROVING RELATED DOCUMENTS AND ACTIONS - ASSESSMENT DISTRICT NO. 03-04 (JOHN WARNER ROAD) City Attorney Thorson reviewed the staff report (of record), noting that the proposed action will be the final action required to issue bonds for the John Warner Road Assessment District. MOTION: Mayor Pro Tem Naggar moved to adopt the resolution. The motion was seconded by and voice vote reflected unanimous approval. 16 Senate Bill 87 (at the request of Mayor Pro Tem Naggar and Councilmembers Comerchero and Roberts) RECOMMENDATION: 16.1 Provide direction to staff regarding to pursuing approval of Senate Bill (SB) 87. Providing background information, City Manager Nelson reviewed the staff report (of record), noting the following: . That at the end of last year, the City Council unanimously approved to pursue a legislative bill which would relinquish the SR 79 north and south State Highways within City boundaries to the City of Temecula; that this matter has been a top priority for the City; . That local control of these highways would permit the City the ability to better synchronize traffic signals and to better respond to signal repairs; that in an effort to accomplish this goal, the City, in its operating budget, had approved a full-time traffic signal technician; · That Senator Hollingsworth had agreed to author and carry SB 87 to the State Legislature; that the bill was submitted for consideration in January of 2003; · That staff has been tracking the progress of this bill; that on Monday, September 8, 2003, the Assembly unanimously passed the bill; that on Wednesday, September 10, 2003, the Senate unanimously passed the bill; that during the last week of the legislature calendar, on Friday, September 12, 2003, the City was informed that Senator Hollingsworth had withdrawn SB 87; that such withdrawal rescinded the action of the Senate's approval of this bill; that there had been no communication by Senator Hollingsworth with the City regarding such action; · That a subsequent meeting had been set with Senator Hollingsworth, Mayor Pro Tem Naggar, and staff at which the City was informed that the reason the Senator had withdrawn the bill was in order to address the concerns of two property owners located on SR 79 south (Domenigoni and Moramarco); that these two property owners had R:\Minutes\092303 9 I I I expressed concern with access to their particular properties as well as potential removal of a traffic signal at Bedford Court. With regard to this matter, Mayor Pro Tem Naggar noted the following: · That regardless of whether the State Highways were to remain under the jurisdiction of Caltrans or revert to the City, Caltrans, because of its close proximity to the 79 south Interchange, will have final jurisdiction over ingress and egress to the properties of discussion as well as to the Bedford Court traffic signal (referencing a letter from Caltrans of August 2001 and a letter from the Director of District No.8, dated September 22, 2003; · That SB 87 has nothing to do with ingress and egress for the property owners adjacent to Bedford Court and that it has nothing to do with the removal of the traffic signal at Bedford Court; that only Caltrans may remove the Bedford Court signal. In response to Mayor Pro Tem Naggar's query that if the Senator were assured by Caltrans that SB 87 would have no affect on those property/business owners adjacent to Bedford Court would he then support moving the bill forward, Senator Hollingsworth noted that he would only move the bill forward if the issues at hand were resolved to the satisfaction of the property owners. With regard to this response, Mayor Pro Tem Naggar questioned the Senator's interest to satisfy these two property owners over the remaining 75,000 citizens. Questioning as to how to proceed at this time, City Manager Nelson, for Mayor Pro Tem Naggar, recommended that the City request someone else within the State Legislature to carry the bill to which Senator Hollingsworth stated no one else would carry the bill and that if they did, he would kill that bill. For Councilman Comerchero, City Manager Nelson reiterated that SB 87 would only allow the City to be able to operate and maintain the areas within those State Highways and that the Caltrans access easements beyond Bedford Court will remain intact regardless of the passage of SB 87. Advising that the Domenigoni property is on the south side of SR 79 south and that the Moramarco property is on the north side of SR 79 south, Mayor Pro Tem Naggar clarified that if access to SR 79 south were given to the Moramarco property, Caltrans has stated that the traffic light must be removed and a median would be installed; that if the traffic light were not removed, no access would be granted from SR 79 south, as per Caltrans, to the Moramarco properly, noting that the two property owners have opposing interests. For Mayor Pro Tem Naggar, City Attorney Thorson advised that Caltrans, cities, and counties that control roadways have considerable discretion to provide for medians, traffic signals, and other traffic control devices and that property owners have not vested right in particular configuration of those traffic devices. Public Works Director Hughes, for Mayor Pro Tem Naggar, advised that Caltrans holds jurisdiction over the Bedford Court traffic light; that Caltrans has recorded rights (800' from the north ramps on the 1-15 at SR 79) and reiterated the importance of the City taking control of SR 79 north and south for the following reasons: signal synchronization (not including the ramp signals), median construction on SR 79 south (ingress/egress), future improvement projects, and continued enhancements on SR 79 north and south. Councilman Roberts briefly commented on the difficulty with Caltrans providing timely signal repair. R:\Minutes\092303 10 I I I Respecting Senator Hollingsworth for his strong support of property rights, Mayor Stone welcomed him to this meeting. Addressing SB 87, ingresslegress, and the issue of relinquishment, Senator Hollingsworth noted the following: · That he had been requested by the City to carry SB 87; that the bill has been unanimously passed by the Assembly and Senate in the closing week of this year's session; · That on Wednesday, September 10, 2003, he had been apprised of a conflict with regard to this issue surrounding the Bedford property owners and businesses, expressing concern with the relinquishment as well as the removal of the traffic light; · That in an effort to further investigate the raised concerns and to avoid unintended consequences, he removed the bill from the Governor's desk; that had the Governor signed the bill, it would have become effective January 1, 2004; · That he would apologize for not calling the City on Thursday or for his office not calling the City on Friday; · That he had carried the bill under the assumption that such conflicts had been resolved; · That he would encourage the City to use the next three months to resolve this issue with the businesses and property owners; · That he would agree to an amendment to add urgency to the bill on January 5, 2004 with the bill immediately becoming law; · That he had run for the legislature because of the private property rights issue; · That he would be desirous of assisting the City with traffic and safety concerns caused by the growth; that he is also concerned about jobs and the economy in this State; that this bill could possibly impact jobs within the City and within his District; · That although the City is not in control of this traffic light, the City installed the signal (as per a 1995 MOU - a written agreement which includes ingress and egress for Bedford Court; that Mr. Moramarco had informed him that he had paid for the signal; and that Caltrans has agreed to a four-way traffic signal; · That in April of 1999, the Public Traffic Safety Commission rejected a staff recommendation to remove the signal; that if the City has no control over the signal, why would the Public Traffic Safety Commission be addressing this matter; · That the City has not convinced the property and business owners that if SB 87 were to pass, that the City's control over that section of highway would not affect the traffic light signal; · That he would be desirous of resolving this matter and would be willing to facilitate, arbitrate, and/or coordinate meetings with the property/business owners in the area of discussion; · That commitments must as well be made by the City and reiterated that he would add an urgency to this bill; R:\Minutes\092303 11 I I I · That his intent, if Caltrans were to not uphold its end of the 1995 MOU, would be to support the City in upholding that agreement. In light of written communication from Caltrans, Councilman Comerchero does not understand the issue that the City has to resolve with the property/business owners. Disagreeing with Mr. Comerchero, Senator Hollingsworth referenced the 1995 MOU to which Mr. Comerchero commented on communications he, Councilman Roberts, and Mr. Moramarco had to discuss ingress/egress; highlighted communications with Caltrans; and commented on the 2001 letter. With regard to an earlier meeting with Mr. Moramarco, Councilman Roberts noted that if right in and right out curb cuts were required, the traffic signal would be removed and that Caltrans had required a center median before right in and right out had been installed. Since 1995, the City's circumstances have changed and Caltrans has communicated its position with regard to Bedford Court, City Manager Nelson noted that the agreement for Mr. Moramarco's property would be between Mr. Moramarco and Los Ranchitos Homeowners Association and that the City would allow Mr. Moramarco to attain access from Vallejo Road. Further commenting on the 1995 MOU, Public Works Director Hughes noted the following: · That the MOU constituted a guide to respective obligations, intentions, and policies of the City and Caltrans in approving new development along the north and south sides of SR 79 within City limits; · That this MOU had not been designed to authorize funding for project effort nor was it a legally binding contract; that the intent was to establish mutual policy which would lead to cooperative agreements between Caltrans and the City within approximately 12 months; that those cooperative agreements were never approved; and that, therefore, as per Caltrans, this document has limited legal standing; · That, as per Caltrans, a full-turning movement intersection, signalized at Bedford Court, for both north and south sides would not meet its standards; · That the City had attempted to address the Moramarco access restrictions with Caltrans by way of full-turning movements on both north and south sides as long as feasible from a traffic standpoint; that Caltrans would not support this recommendation. Commenting on the City's changes since the 1995 MOU, Mayor Pro Tem Naggar advised that traffic studies indicate that from the freeway to Pechanga Parkway, SR 79 should be widened to eight lanes; in addition, full freeway improvements are planned for the SR 79 south interchange. Addressing Mayor Pro Tem Naggar's comments, Senator Hollingsworth noted that the City and Caltrans are the parties to the agreement. Although trying to recognize and support the private property rights of those adjacent to SR 79 south, City Manager Nelson addressed the need to as well acknowledge the rights of the 75,000 residents utilizing this corridor; that he would encourage this matter to be resolved with Senator Hollingsworth's support; and that if the matter cannot be resolved with Senator Hollingsworth support, that the City request another legislator to carry this bill. R:\Minutes\092303 12 I I I In response to City Manager Nelson, Senator Hollingsworth noted that because it would not be custom practice for other legislators to carry legislation dealing with impacts or local issues not within their district. With Mayor Pro Tem Naggar requesting Senator Hollingsworth to commit to resolve this matter, the Senator noted that commitments have to be made on the City's part such as the implementation and the upholding of the 1995 MOU, considering the City has installed this traffic light. Advising that the City would concur with Senator Hollingsworth in his intent to not put any businesses out of business, to improve traffic circulation, and to concur that the Moramarco property is landlocked, Mayor Stone noted that the City has provided the needed infrastructure and stated that the City will work with Caltrans but that the City has limited jurisdiction. Mr. Stone suggested the formation of a subcommittee to address this issue. Requesting the Senator's leadership to help educate the property/business owners of the City's jurisdiction, Mr. Stone suggested the adoption of a resolution that would incorporate the provisions of the 1995 MOU or another plan that both the Senator and the City would approve. In an effort for Senator Hollingsworth to appease five to six individuals, Mayor Pro Tem Naggar commented on the impact this restriction could have on the traffic signal of all citizens. Reiterating the City's goals, Mayor Stone commented on the City's willingness to work with the Senator and the property/business owners but that ultimately the decision would be Caltrans. Mayor Pro Tem Naggar requested that a timeline be set to accomplishing this goal. Advising that the City would have property rights if Caltrans were to relinquish both State Highways to the City, Councilman Roberts spoke in support of immediately proceeding with the recommended action and relayed his opposition to the removal of the traffic signal at Bedford Court. Senator Hollingsworth reiterated his willingness to proceed as expeditiously as possible and to immediately move this bill, if the issue were resolved, to the Legislature at its return in January. Noting that the City will agree to work with the Senator, Caltrans, and the propertylbusiness owners, Councilman Comerchero requested that once these negotiations have surpassed and the City has fulfilled its obligations but the City and Caltrans have not reached an agreement, the Senator noted that he would commit that, at that point, there would be no reason to hold up the bill. To clarify Senator Hollingsworth's intent, Mayor Pro Tem Naggar relayed his desire to formulate a resolution as soon as possible; noted that the proposed resolution should include verbiage that the City would not be desirous of removing the traffic light at Bedford Court; that this bill should be passed as soon as possible; and that a subcommittee be formed to resolve this matter. Councilman Pratt noted that, in his opinion, this matter can be resolved within the next three months. Not concurring with the formation of a subcommittee, Councilman Roberts noted that a single individual could accomplish this task faster and offered to be that individual. To further clarify, Councilman Comerchero questioned what would happen to SB 87 if there were no resolution to which Senator Hollingsworth noted that if an impasse were reached and R:\Minutes\092303 13 that if this impasse were not as a result of the City but as a result of Caltrans, he would carry the bill. I Mayor Pro Tem Naggar reiterated his desire that any Council action regarding this matter set forth a more defined timeline in which to resolve this matter. By way of a petition (copies distributed to the City Council), Mr. Steve Wood, 31851 Winchester Road, read, on behalf of the business and property owners, the submitted petition into the record; relayed his now clarified understanding that this matter is more of a Caltrans issue than a City issue; and appreciated the opportunity to explore all available options to ensure limited impact on businesses and public safety. Ms. Carol Wilson, 44535 Bedford Court, representing Temecula Pizza Company, relayed her desire for a four-way signal which would as well benefit the Moramarco property. Commending the City Council on its firm stand to ensure the safety of those commuters traveling on SR 79 highways, Mr. Paul Jacobs, 32370 Corte Sonora, relayed his appreciation of the City Council's integrity. Mr. Chris Pedersen, 31052 Wellington Circle, as well commended the City Council on its firm stand to ensure that any City Council decision be based on the benefit of all versus of one individual. I MOTION: Mayor Pro Tem Naggar moved to express the City's desire that the existing traffic signal at Bedford Court remain as long as the integrity of the intersection and Highway 79 South may be maintained based on current and future land uses; to appoint Councilman Roberts as the City representative to work with Senator Hollingsworth and property owners in an effort to resolve this matter; to expect and to encourage Senator Hollingsworth to introduce this bill by January 15, 2004; and to reagendize this matter if the Senator were to not introduce the bill by January 15, 2004. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. 17 Second Readina of Cable, Video, and Telecommunications Ordinance RECOMMENDATION: 17.1 Adopt an ordinance entitled: ORDINANCE NO. 03-_ AN ORDINANCE OF THE CITY OF TEMECULA REGULATING CABLE, VIDEO, AND TELECOMMUNICATIONS SERVICE PROVIDERS AND AMENDING IN ITS ENTIRETY CHAPTER 5.12 OF TITLE 5 OF THE TEMECULA MUNICIPAL CODE It was noted (see page 1) that this matter has been continued off calendar. DEPARTMENTAL REPORTS No additional comment. I CITY MANAGER'S REPORT No additional comment. R:\Minutes\092303 14 I I I CITY ATTORNEY'S REPORT City Attorney Thorson advised that under the Brown Act, there were no items to report from Closed Session. ADJOURNMENT At 9:45 P.M., the City Council meeting was formally adjourned to an adjourned regular meeting on Wednesday, October 22, 2003, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: R:\Minutes\092303 15 r Jeffrey E. Stone, Mayor