HomeMy WebLinkAbout031604 CC Minutes
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MINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
MARCH 16, 2004
The City Council convened in Closed Session at 6:00 P.M. and in Open Session at 7:00 P.M.,
on Tuesday, March 16, 2004, in the City Council Chambers of Temecula City Hall, 43200
Business Park Drive, Temecula, California.
Present:
Councilmembers:
5
Comerchero, Roberts, Stone, Washington, and
Naggar
Absent:
0
Councilmember:
None
Mayor Naggar congratulated newly elected Supervisor Elect Stone. Although the Redhawk
Annexation will not be final until 2005, Mr. Naggar welcomed the Redhawk residents to the City
of Temecula. Advising that Senator Hollingsworth's office has accepted proposed language by
the City, this matter will be continued to the March 23, 2004, City Council meeting.
PRELUDE MUSIC
The prelude music was provided by the Musician's Workshop Youth Choir - Esther Dernbach,
Director.
INVOCATION
The invocation was given by Pastor Larry Fisher of First Baptist Church of Temecula.
ALLEGIANCE
The flag ceremony was presented by Boy Scout Troop No. 412.
PRESENT A TION/PROCLAMA TIONS
Certificate of Achievement for attainina Eaale Scout rank - Brendan Paul LoDez
Describing his Eagle Scout project to the Council and viewing public, Mr. Brendan Lopez, with
appreciation, accepted the Certificate of Achievement.
PUBLIC COMMENTS
A. Appreciating the City Council for granting the Musician's Workshop Youth Choir to
perform this evening, Mr. Jon Laskin, 22727 Blueberry, Wildomar, thanked the City for its
continued support and cooperation and briefly highlighted upcoming programs.
B. Mr. Don Jones, 31921 Camino Marea, President of the Chaparral High School
Education Foundation, apprised the viewing public of the Annual Spring Community Parking Lot
Swap Meet and Craft Fair on Saturday, March 20, 2004, from 7:00 A.M. to 2:00 P.M.
Commenting on the Foundation's goal to enrich and expand educational experience by
disbursing several college/vocational scholarships to graduating seniors, Mr. Jones advised that
all fees collected will be allocated to the scholarship fund and will be disbursed to the students
in May.
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C. In an effort to apprise the public of its location, Mr. Otto Baron, 28681 Pujol Street,
commented on the need for additional signage for the Temecula Museum.
CITY COUNCIL REPORTS
A. Councilman Washington as well congratulated Supervisor Elect Stone on his recent
accomplishment.
Advising of the recent formation of the Western Riverside County Regional Conservation
Agency, Mr. Washington noted that this Board will be given the responsibility to oversee the
Multi Species Habitat Conservation Plan; that this Board will be meeting in the County Board
Chamber on the first Monday of every month at 1:00 P.M.; that he has been appointed as the
City Council representative; and advised that the WRCOG meetings are as well held in
Riverside versus Moreno Valley.
B. As a member of the Indian Gaming Local Community Benefit Committee (SB 621),
Councilman Roberts noted that the City's Indian Gaming Distribution Fund grant application has
been submitted to Pechanga, clarifying that potential funds received by the City would be
utilized to mitigate impacts created by the casino.
Commending Senior Management Analyst Adams on his effort in identifying $150,000
through AB 2766 Subvention Funds, Councilman Roberts advised that the City, through these
funds, has sufficient funds to start the construction of a CNG Fueling Station.
C. Also commending Senior Management Analyst Adams on a job well done, Mayor Pro
Tem Comerchero noted that the construction of a CNG Fueling Station in the City would provide
Riverside Transit Authority with more route flexibility, considering buses use CNG.
Advising that the U.S. Fish and Wildlife Service will be issuing a take permit, with regard
to the Multi Species Habitat Conservation Plan, by the end of May, Mr. Comerchero noted that
once the permits are issued, the implementation of the Plan may commence.
Echoing his fellow Councilmembers, Mr. Comerchero as well congratulated Councilman
Stone on his recent election to the Board of Supervisors.
In closing, Mr. Comerchero welcomed Mr. and Mrs. Elton and Jean Ward to the meeting
and wished them a Happy 64th Wedding Anniversary.
D. Sharing his victory to the Board of Supervisors with his fellow Councilmembers and City
staff, Councilman Stone commented on his campaign message - stop out of control growth,
enhance public safety, and spend citizens' monies wisely. Noting that this will be the first time
in this area's history to have representation on the Board of Supervisors, Mr. Stone relayed his
desire for an affective partnership between the City and the County; thanked the citizens for
their support and vote; and advised that he will be an accessible Supervisor.
Relaying his delight with the growing Summer Months Activities and Recreation in
Temecula (S.M.A.R.T.) Program, Mr. Stone requested that a S.MAR.T. Program presentation
be made at a May City Council meeting.
For Mr. Stone, Community Services Director Parker advised that this program will be
listed the next Community Services Department brochure.
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City Manager Nelson informed the Council that this program will be extended, this
summer, to the Redhawk residents.
E. Congratulating Mr. Stone on his recent election to the Board of Supervisors, Mayor
Naggar stated that it will be a difficult challenge to find the replacement for Councilman Stone.
Mr. Naggar questioned whether the Redhawk residents may participate in the Citizen
Corps Program, CAP Program, or participate on a Board or Commission prior to July of 2005.
In closing, Mr. Naggar welcomed the public to the upcoming State of the City Address on
Thursday, March 23, 2004.
CONSENT CALENDAR
Standard Ordinance and Resolution AdoDtion Procedure
RECOMMENDATION:
1.1
Motion to waive the reading of the text of all ordinances and resolutions included in the
agenda.
2
Minutes
RECOMMENDATION:
2.1
Approve the minutes of February 10, 2004;
2.2 Approve the minutes of February 24, 2004.
3
Resolution aDDrovina List of Demands
RECOMMENDATION:
3.1
Adopt a resolution entitled:
RESOLUTION NO. 04-24
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 ReDort
RECOMMENDATION:
4.1
Receive and file the City Treasurer's Report as of January 30, 2004.
5
Children's Museum
RECOMMENDATION:
5.1
Approve an appropriation of $170,000 from Capital Reserves to the Children's
Museum.
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6
Children's Museum Cooperative Aareement
RECOMMENDATION:
6.1
Approve the Cooperative Agreement between the City of Temecula and Friends of
the Temecula Children's Museum for the support of the Temecula Children's
Museum and operation of the Children Museum Gift Shop;
6.2 Approve the Children's Museum Logo and Images License Agreement.
7
Eden Software Support Aareement
RECOMMENDATION:
7.1
Authorize the purchase of annual Financials and Payroll Software Support from
Eden Systems, Inc. for the total amount of $25,415.25.
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Purchase and Sale Aareements for DroDerty located in Old Town
RECOMMENDATION:
8.1
Adopt a resolution entitled:
RESOLUTION NO. 04-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS FOR CERTAIN REAL PROPERTY
LOCATED ALONG THE NORTH SIDE OF MAIN STREET, EAST
OF MERCEDES (APN 922-032-021, -022, AND -028) IN THE
CITY OF TEMECULA
8.2 Adopt a resolution entitled:
RESOLUTION NO. 04-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS FOR CERTAIN REAL PROPERTY
LOCATED ALONG THE EAST SIDE OF MERCEDES NORTH
OF SECOND STREET (APN 922-042-007) IN THE CITY OF
TEMECULA
8.3 Authorize the expenditure in an amount not to exceed $723,000 for acquisition,
escrow, closing costs, appraisal, soils testing, and related fees.
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Authorize TemDorarv Street Closure of Third Street between Old Town Front street and
Murrieta Creek for the Annual Old Town Bluearass Festival Event scheduled for March 21
and March 22. 2004. and deleaate authority to issue a Special Events/Street Closures
Permit to the Director of Public Works/City Enaineer
RECOMMENDATION:
9.1
Adopt a resolution entitled:
RESOLUTION NO. 04.27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING TEMPORARY STREET CLOSURE
OF THIRD STREET BETWEEN OLD TOWN FRONT STREET
AND MURRIETA CREEK FOR THE ANNUAL OLD TOWN
BLUEGRASS FESTIVAL EVENT SCHEDULED FOR MARCH 21
AND 22, 2004, AND AUTHORIZING THE DIRECTOR OF
PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL
EVENTS PERMIT INCLUDING STREET CLOSURES
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Amendment No.2 to Annual Citywide Routine Maintenance Contract
RECOMMENDATION:
10.1 Approve Amendment No.2 to the Annual Citywide Routine Maintenance Contract
with Imperial Paving Company, Inc. for an amount of $50,000.00 and authorize the
Mayor to execute the amendment.
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AII-Wav Stop Control La Serena Wav and Meadows Parkwav
RECOMMENDATION:
11.1 Adopt a resolution entitled:
RESOLUTION NO. 04-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING AN ALL.WAY STOP CONTROL
AT THE INTERSECTION OF LA SERENA WAY AND
MEADOWS PARKWAY
12
Acauisition Aareement between the City of Temecula and the Jubela Familv Trust-
French Vallev Parkwav/I-15 Overcrossina & Interchanae - Proiect No. PW02-11
RECOMMENDATION:
12.1 Ratify the PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF
TEMECULA AND ERNEST JOE AND ETHYL B. JUBELA FAMILY TRUST for the
acquisition of certain real property APN 910-262-004 in the amount of $662,545.00
plus the associated escrow fees and supercede the originally approved agreement
in the amount of $611,580.00.
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13
Completion and Acceptance of the Intersection Traffic Monitorina Svstem and Traffic
Sianallnterconnect - Proiect No. PW99-05
RECOMMENDATION:
13.1 Accept the construction of the Intersection Traffic Monitoring System and Traffic
Signal Interconnect - Project No. PW99-05 - as complete;
13.2 File the Notice of Completion, release the Performance Bond, and accept a one-
year Maintenance Bond in the amount of 10% of the contract amount;
13.3 Release the Materials and Labor Bond seven months after the filing of the Notice of
Completion if no liens have been filed.
14
Pavment of Property Taxes for Business Park Drive property south of City Hall IAPN 921-
020-079-6)
RECOMMENDATION:
14.1 Ratify the payment of back property taxes on the Business Park Drive property
south of City Hall (APN 921-020-079-6) in the amount of $114,562.25.
15
Revised Deposit Aareement - Proposed Roripauah Ranch Community Facilities District
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 04.29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING AMENDED AND RESTATED
DEPOSIT/REIMBURSEMENT AGREEMENT - RORIPAUGH
RANCH
MOTION: Councilman Washington moved to approve Consent Calendar Item Nos. 1-15.
Councilman Stone seconded the motion and voice vote reflected approval with the exception of
Councilman Roberts who abstained on Item No. 2.1 and Mayor Pro Tem Comerchero who
abstained on Item Nos. 5 and 6.
With respect to Item No.6, City Attorney Thorson read the following statement into the record:
Item No.6 on the Consent Calendar is the approval of a Cooperation
Agreement and a Logo Licensing Agreement between the City of
Temecula and the Friends of the Temecula Children's Museum.
Councilmember Jeff Comerchero's wife, Patricia Comerchero, is the
President of the Board of Directors of the Friends of the Temecula
Children's Museum. The City has received confirmation that the Friends
is a non-profit corporation and that Ms. Comerchero does not receive any
salary, income, or compensation for her service on the Board of Directors.
Additionally, Mr. Comerchero will not participate in the discussion of these
agreements nor in the vote on them. Therefore, these two agreements
are legal under Govemment Code Section 1090, et seq., provided that:
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(1) this disclosure is read into the record of the proceedings and made a
part of the minutes of the Council meeting where they are approved; and
(2) that neither Mr. Comerchero nor Ms. Comerchero serves as the
contact person for the Board to the City in the implementation or
modification of these agreements, however both are free to fully serve on
the Board and participate in all Board and Friends activities with respect
to the Children's Museum.
COUNCIL BUSINESS
Item Nos. 16 -18 were considered together.
16
Diaz Road Realianment Proiect - Proiect No. PW95-27 - Resolution of Necessitv -
Rancho California Business Park Association IAPN 921-020-075)
RECOMMENDATION:
16.1 Hold a public hearing and take testimony from the members of the Rancho
California Business Park Association or their representatives if they ask to be heard
on issues A, B, C, and D set forth below regarding the proposed acquisition of the
Covenants, Conditions, and Restrictions by condemnation for street improvement,
road, and highway purposes in connection with the proposed Diaz Road
Realignment Project;
16.2 Review the evidence stated and referred to herein and consider all the evidence,
including any testimony received during the public hearing, prior to deciding whether
to adopt a Resolution of Necessity;
If the City Council finds, based on its consideration of the evidence contained and referred
to in this staff report, the testimony and comments received during the public review and
planning process, all other testimony that may be presented, and all other evidence and
records pertaining to this matter, that the evidence warrants the necessary findings as to
the proposed Resolution of Necessity, then staff recommends that the City Council, in the
exercise of its discretion, and upon taking a separate vote on each proposed resolution:
16.3 Adopt a Resolution of Necessity and authorize and direct that eminent domain
proceedings be filed to acquire the subject encumbrances;
RESOLUTION NO. 04-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND
AUTHORIZING THE ACQUISITION THEREOF, IN
CONNECTION WITH THE REALIGNMENT OF DIAZ ROAD
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17
Diaz Road Realianment Proiect - Proiect No. PW95-27 - Resolution of Necessitv Morter
Familv Trust Property IAPN 921-040-028)
RECOMMENDATION:
17.1 Hold a public hearing and take testimony from the property owners or their
representatives if they ask to be heard on issues A, B, C, and D set forth below
regarding the proposed acquisition of the Morter Family Trust Property by
condemnation for street improvement, road, and highway purposes in connection
with the proposed Diaz Road Realignment Project;
17.2 Review the evidence stated and referred to herein and consider all the evidence,
including any testimony received during the public hearing, prior to deciding whether
to adopt a Resolution of Necessity;
If the City Council finds, based on its consideration of the evidence contained and referred
to in this staff report, the testimony and comments received during the public review and
planning process, all other testimony that may be presented, and all other evidence and
records pertaining to this matter, that the evidence warrants the necessary findings as to
the proposed Resolution of Necessity, then staff recommends that the City Council, in the
exercise of its discretion, and upon taking a separate vote on each proposed resolution:
17.3 Adopt a Resolution of Necessity and authorize and direct that eminent domain
proceedings be filed to acquire the subject property;
RESOLUTION NO. 04-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND
AUTHORIZING THE ACQUISITION THEREOF, IN
CONNECTION WITH THE REALIGNMENT OF DIAZ ROAD
18
Diaz Road Realianment Proiect - Proiect No. PW95-27 - Resolution of Necessitv Massie
Familv Trust Property IAPN 921-020-039)
RECOMMENDATION:
18.1 Hold a public hearing and take testimony from the property owners or their
representatives if they ask to be heard on issues A, B, C, and D set forth below
regarding the proposed acquisition of the Massie Family Trust Property by
condemnation for street improvement, road, and highway purposes in connection
with the proposed Diaz Road Realignment Project;
18.2 Review the evidence stated and referred to herein and consider all the evidence,
including any testimony received during the public hearing, prior to deciding whether
to adopt a Resolution of Necessity;
If the City Council finds, based on its consideration of the evidence contained and referred
to in this staff report, the testimony and comments received during the public review and
planning process, all other testimony that may be presented, and all other evidence and
records pertaining to this matter, that the evidence warrants the necessary findings as to
the proposed Resolution of Necessity, then staff recommends that the City Council, in the
exercise of its discretion, and upon taking a separate vote on each proposed resolution:
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18.3 Adopt a Resolution of Necessity and authorize and direct that eminent domain
proceedings be filed to acquire the subject property;
RESOLUTION NO. 04-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND
AUTHORIZING THE ACQUISITION THEREOF, IN
CONNECTION WITH THE REALIGNMENT OF DIAZ ROAD
Advising that Mayor Pro Tem Comerchero, Councilman Roberts, and City staff had met with the
associated property owners, Public Works Director Hughes reviewed the staff report (as per
agenda material), noting the following:
.
That to address property owner Massie's concern with regard to the loss of a left-turn
movement off realigned Diaz Road into the property's single driveway, a second
driveway may be feasible further south along the realigned Diaz Road with right in and
right out access
That with regard to concerns raised by the Massie Trust, a resolution would be
anticipated which would be discussed in open session for a settlement
That with regard to the Fee owner (Morter), the property owner was pleased with the
City's efforts
That with regard to the Rancho California Business Park Association, a proposal was
submitted by the Association for settlement with regard to a portion of the issues
involved
That although unresolved issues remain and continued negotiations will be necessary,
encouraged a resolution will be forthcoming.
.
.
Mr. David Beckman, 28835 Single Oak Drive, noted the following:
.
That 50% of the properties which will be negatively impacted with this realignment are
owned by him
That it is difficult to obtain ingresslegress along Single Oak Drive
That the new parcel created with the realignment of Diaz Road has no provision for a
sidewalk
That although measures need to be taken, the proposed measures will have an impact
on the Business Park
That a signal at the upper part of Business Park Drive would be necessary to alleviate
congestion which will further devalue the properties.
.
.
.
.
Mr. Peter Racobs, 6670 Alessandro, Suite B, Riverside, attorney representing the Rancho
California Business Park Association, reiterated that the City Council will not be able to make
one of the four findings required by law in order to proceed with this condemnation - that an
offer has been made to the owners of the CC&Rs of the Business Park Association.
In response to Mayor Naggar, City Attorney Thorson clarified that adequate notice was given
with regard to the purchase of these properties and that negotiations will continue in an effort to
resolve noted concerns.
Public Works Director Hughes advised that new sidewalks would be installed along the
realigned Diaz Road along the west side and that the remnant parcel, when sold by the City, will
be conditioned to install sidewalks.
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Having met with the associated property owners since the Council last met, Mayor Pro Tem
Comerchero relayed his support of the proposed recommendation.
Echoing Mayor Pro Tem Comerchero's comments, Councilman Roberts expressed support of
the proposal but continued to express concern with the U-turn at Rancho Way.
In response to Councilman Washington, Public Works Director Hughes advised that a traffic
signal would not be warranted at the upper intersection of Business Park Drive; that access
issues are being mitigated with the project; and that the proposed movement changes will
provide safer movements into Mr. Beckman's properties.
In order for the City to recruit more businesses to the Industrial Park area, Councilman Stone
commented on the need for proper ingresslegress for the Business Park; noted that it would be
in the public's best interest to proceed with this project; and advised that negotiations will
continue.
City Attorney Thorson read the resolution by title only.
MOTION: Councilman Stone moved to adopt Resolution No. 03-32. The motion was seconded
by Mayor Pro Tem Comerchero and voice vote reflected unanimous approval.
City Attorney Thorson read the resolution by title only.
MOTION: Councilman Stone moved to adopt Resolution No. 03-33. The motion was seconded
by Mayor Pro Tem Comerchero and voice vote reflected unanimous approval.
City Attorney Thorson read the resolution by title only.
MOTION: Councilman Stone moved to adopt Resolution No. 03-34. The motion was seconded
by Mayor Pro Tem Comerchero and voice vote reflected unanimous approval.
19
Status Update - Senate Bill 87 IHoilinasworth)
(At the request of the entire City Council)
RECOMMENDATION:
19.1 Provide direction to the City staff regarding Senate Bill 87 (Hollingsworth). An oral
update will be provided to the City Council at the meeting.
It was previously noted by Mayor Naggar that this item will be continued to the March 23,
2004, City Council meeting.
CITY MANAGER'S REPORT
Advising that students from Chaparral High School will be filming the State of the City Address,
City Manager Nelson noted that the event will be broadcast on Adelphia (Channel 28) at a later
date, noting that the dates and times will be provided to the Press and will be posted on the
Website. Inviting the public to attend the State of the City, Mr. Nelson advised that the event will
be on Thursday, March 23, 2004, at Pechanga, at 8:00 A.M. and that tickets are still available at
the Chamber of Commerce.
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CITY ATTORNEY'S REPORT
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With regard to Closed Session Item No.1, City Attorney Thorson advised that the real property
matters were approved, earlier in the meeting, in Open Session and with regard to Item Nos. 2-
5 (negotiations for real property and litigation), the City Council provided direction to staff to
pursue those negotiations but that there were no actions to report under the Brown Act. Mr.
Thorson as well noted that Mayor Pro Tem Comerchero was not present for any items
considered in Closed Session.
ADJOURNMENT
At 8:48 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday,
March 23, 2004, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive,
Temecul8, California.
r Mayor
ATTEST:
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