HomeMy WebLinkAbout062805 CC Minutes
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MINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
JUNE 28, 2005
The City Council convened in Closed Session at 6:30 P.M., on Tuesday, June 28, 2005, in the
City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula,
California. The Open Session convened at 7:00 P.M.
Present:
Councilmembers:
5
Edwards, Naggar, Roberts, Washington, and
Comerchero
Absent:
o
Councilmembers:
None
PRELUDE MUSIC
The prelude music was provided by Sienna Naggar on violin accompanied by Helen Miller.
INVOCATION
The invocation was given by Pastor Rench of Calvary Chapel.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Mayor Pro Tem Roberts.
PRESENTATIONS/PROCLAMATIONS
Certificate of Appreciation to Plannina Commissioner Marv Jane Olhasso
Mayor Comerchero presented Mary Jane Olhasso with a certificate of appreciation for her many
contributions of both time and talent for serving on the Planning Commission for the past four
years; and that thanked her for her dedication and service.
In response to Mayor Comerchero's comments, Ms. Olhasso noted that it has been her privilege
to have served on the Planning Commission for the past four years.
Demonstration of the Citv's T.R.I.P. Report (Traffic Restrictions in Proaress) Webpaae
At the request of Mayor Comerchero, Senior Management Analyst Adams created a traffic
report known as TRI.P. (Traffic Restrictions in Progress); advising that this report will provide
up-to-date information regarding road conditions and/or possible traffic delays due to
construction; and that the following will be accessed on the City's webpage:
. Low flow channel
. Road closures
. Restricted lanes
Mr. Adams commended the Public Work's staff as well as the City's Webmaster for their efforts
with the T.R.I.P. report.
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Presentation on Temecula Communitv Demoaraphic Economic Report bv John Husina. Ph.D.
Dr. John Husing provided a detailed report regarding the Demographic Economics, (as written
material), highlighting the following:
. Demographics
. Residential
. Employment
. Taxable Retail Trade
. Industrial Real Estate
. Office Real Estate
. Office Retail Space
. Quality of Life
. Inland Empire Market
The City Council thanked Dr. Husing for his Demographic Economic Report.
For the audience, Mayor Comerchero noted that Item No. 25 will not be about Illegal
Immigration.
PUBLIC COMMENTS
Mr. Jeff Singleton, Temecula resident, expressed concern of the City's curfew for minors and
queried the intent of the ordinance.
Mr. Otto Baron, Temecula resident, relayed his concern with the Surpreme's Court decision
regarding Eminent Domain, and asked the City's stance regarding the decision.
Ms. Carol Marsden, Temecula resident, expressed her concern for the homeless in Temecula
and asked that the situation be addressed.
Echoing Mr. Baron's concern regarding the Supreme Court's decision regarding Eminent
Domain, Ms. Nancy Baron requested that the City Council agendize her concern so that the
business owners of Old Town could fully understand how it would affect the small property
owner.
For Ms. Baron, Mayor Comerchero stated that although there has been a change in the
Surpreme's Court decision regarding Eminent Domain, the City has rarely used Eminent
Domain, and that it would be his opinion that this philosophy would not change.
Ms. Nancy Baron thanked Mayor Comerchero for his comments.
The following individuals spoke against Illegal Immigration and requested that the City Council
take a forward approach in stopping loitering of day laborers at various locations of the City,
prior to the problem escalating.
. Mr. Bob Kowell
. Ms. Treva Bennett
. Ms. Robin Hvidston
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CITY COUNCIL REPORTS
A. Referencing Ms. Marsden concern regarding the homeless in Temecula, Councilman
Washington relayed that although one solution to the homeless problem would not suffice, he,
as well as his colleagues, would remain committed to finding solutions to the problem. Mr.
Washington expressed enthusiasm toward the Redhawk Annexation ceremony to be held on
Saturday, July 2, 2005.
B. Echoing Ms. Marsden and Councilman Washington's concern regarding the homeless,
Councilman Roberts relayed that the problem is not only a Temecula problem but rather a
southwest Riverside County problem; and that he would be of the opinion that it is definitely time
to seek some resolution.
C. Mr. Roberts also reported that the City of Temecula has received over four-million dollars
from Indian Gaming local benefit.
D. Agreeing with Councilman Washington and Councilman Roberts, Councilwoman Edwards
expressed the importance of coordinating efforts with neighboring City's and County's to seek a
solution to the ongoing problem of the homeless; that perhaps Code Enforcement and/or Police
Officers could help by distributing brochures that would reference resources such as medical
care, jobs, and shelter.
E. At this time, photos of Danni Elise Durager, granddaughter of City Manager Nelson, were
presented by Councilwoman Edwards.
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 approvina List of Demands
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. 05-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
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3
Riverside Countv Librarv Contract Amendment NO.8
RECOMMENDATION:
3.1 Approve Amendment NO.8 to the agreement to provide Library Services (additional
staff);
3.2 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 2005-06.
4 Resolution adoptina FY 2005-2006 Solid Waste Rates
RECOMMENDATION:
4.1 Adopt a resolution entitled:
RESOLUTION NO. 05-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE SOLID WASTE RATES FOR
FISCAL YEAR 2005-2006
5
Purchase of TCSD Recreation Bus
RECOMMENDATION:
5.1 Approve the purchase of a TCSD Recreation Bus for $88,273.57 from Creative Bus
Sales, Inc.
Explaining his reason for pulling Item No.5, Councilman Washington noted that due to an
article in the newspaper regarding the purchase of a TCSD Recreation Bus, it would be
appropriate for the Director of Community Services Parker to highlight the proposed usage and
need for this bus.
For the City Council, Director of Community Services Parker noted the:
· Assistance of staff with ongoing recreational programs
· Ability to accommodate 20 passengers with two handicap lifts and tie downs for safety
· Transportation of seniors to Mary Phillips Senior Center Monday through Friday.
. Support to other events such as Holiday Lights and Festive Sights, Sister Cities
functions, S.M.A.R.T. summer day camp, and other city-wide activities.
MOTION: Councilman Washington moved to approve Item NO.5. Councilwoman Edwards
seconded the motion and electronic vote reflected unanimous approval.
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Mayor Comerchero thanked the Women's Club for the donation of the previous TCSD
Recreation Bus.
6 Arts Council of Temecula Vallev Special Events Communitv Grant Aareement
RECOMMENDATION:
6.1 Approve a Special Events Community Grant Agreement between the City of
Temecula and the Arts Council of Temecula Valley in the amount of $22,000.
7 Acceptance of Quitclaim Deeds - Redhawk Parks B. E. and F
RECOMMENDATION:
7.1 Authorize to accept and record the Quitclaim Deeds for Redhawk Parks B, E, and F,
subject to all title report issues being reviewed and approved by the TCSD and the
City Attorney's office.
8 First Amendment to defer Conditions of Approval for Tract No. 29353-2 (Roripauah
Specific Plan)
RECOMMENDATION:
8.1 Approve the First Amendment to the agreement to defer Conditions of Approval until
after recordation of Final Map for Tract No. 29353-2 (Roripaugh Specific Plan).
9 Preliminarv Plans for Sprina 2006 Car Show
RECOMMENDATION:
9.1 Approve preliminary plans for and authorize staff to develop a sponsorship
agreement with P&R Foundation for production of a car show to be held on March
10, and 11,2006.
10 Aareement for Contract Inspection Services for P&D Consultants and Berrvman &
Heniaar. Inc.
RECOMMENDATION:
10.1 Approve an agreement for Consultant Services with P&D Consultants in an amount
not to exceed $52,000 plus a 10% contingency for Contract Inspection Services;
10.2 Approve an agreement for Consultant Services Berryman & Henigar, Inc. in an
amount not to exceed $52,000 plus a 10% contingency for Contract Inspection
Services.
11 Second Amendment for Plan Review Services
RECOMMENDATION:
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11.1 Approve a Second Amendment to Esgil Corporation for Plan Check Services in an
additional amount not to exceed $149,130 for Plan Check Services to complete
Fiscal Year 2004-05, bringing the total contract amount to $349,130;
11.2 Approve an additional appropriation for $149,130 for plan check services to the
Building and Safety Plan Check Account No. 001-162-999-5248 - Consulting
Services.
12 Aareement for State Lobbvist with Wilson Group. LLC
RECOMMENDATION:
12.1 Approve a three-year contract for State lobbying services with the Wilson Group,
LLC in an annual amount of $42,000.
13 Aareement for Federal Lobbvist Services with David Turch & Associates
RECOMMENDATION:
13.1 Approve a three-year contract for Federal legislative services to be provided by
David Turch & Associates in the amount of $40,200.
14
Countv of Riverside Sheriff Services Contract
RECOMMENDATION:
14.1 Authorize approval of the law enforcement contract with the County of Riverside and
authorize the Mayor to execute the contract in final form.
15
Third Amendment to Citv Manaaer's Emplovment Aareement
RECOMMENDATION:
15.1 Approve the Third Amendment to the Employment Agreement of the City Manager.
Explaining why he pulled this item, Mayor Comerchero praised City Manager Nelson for his
outstanding job as a City Manager for the past six years noting that part of the success of a City
is the strength of its management.
MOTION: Mayor Comerchero moved to approve Item No. 15. Councilwoman Edwards
seconded the motion and electronic vote reflected unanimous approval.
16 Purchase and Sale Aareement for properlv located in Old Town
RECOMMENDATION:
16.1 Adopt a resolution entitled:
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RESOLUTION NO. 05-65
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 AT 41950 MAIN STREET (APN 922-044-004) IN THE
CITY OF TEMECULA
16.2
Approve an appropriation from unreserved General Fund balance in an amount not
to exceed $240,000 for acquisition, escrow, closing costs, appraisal, testing, and
related fees.
17 Authorize Temporarv Street Closure of Old Town Front Street between Moreno Road and
Second Street: Main Street from the Bridoe to Old Town Front Street: Second Street:
Third Street; Fourth Street; Fifth Street: Sixth Street. and Mercedes Street between
Moreno Road and Second Street for the Star Spano led Fourth of Julv Parade and
deleoate authoritv to issue Special Events/Street Closures Permit to the Director of Public
Works/Citv Enoineer
RECOMMENDATION:
17.1 Adopt a resolution entitled:
RESOLUTION NO. 05-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING TEMPORARY STREET CLOSURE
OF OLD TOWN FRONT STREET BETWEEN MORENO ROAD
AND SECOND STREET; MAIN STREET FROM THE BRIDGE
TO OLD TOWN FRONT STREET; SECOND STREET; THIRD
STREET; FOURTH STREET; FIFTH STREET; SIXTH STREET,
AND MERCEDES STREET BETWEEN MORENO ROAD AND
SECOND STREET FOR THE STAR SPANGLED FOURTH OF
JULY PARADE AND AUTHORIZING THE DIRECTOR OF
PUBLIC WORKS/CITY ENGINEER TO ISSUE SPECIAL
EVENTS PERMIT INCLUDING STREET CLOSURES
18
Authorize Temporarv Street Closure of Pauba Road between Maroarita Road and Ynez
Road for the Julv 4th, 2005 Fireworks Show and deleoate authoritv to issue Special
Events/Street Closures Permit to Director of Public Works/Citv Enoineer
RECOMMENDATION:
18.1 Adopt a resolution entitled:
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RESOLUTION NO. 05-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING TEMPORARY STREET CLOSURE
OF PAUBA ROAD BETWEEN MARGARITA ROAD AND YNEZ
ROAD FOR THE JULY 4TH, 2005, FIREWORKS SHOW AND
AUTHORIZING THE DIRECTOR OF PUBIC WORKS/CITY
ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING
STREET CLOSURES
19
Approval of the Plans and Specifications and authorization to solicit Construction Bids for
Phase I of the Field Operations Center (Maintenance Facilitv Expansion) Proiect No.
PW03-06
RECOMMENDATION:
19.1 Approve the plans and specifications and authorize the Department of Public Works
to solicit construction bids for Phase I of the Field Operations Center/Maintenance
Facility Expansion - Project No. PW03-06.
20
Completion and Acceptance of the Diaz Road Realionment (Phase I) - Traffic Sionals
Diaz Road at Rancho Wav and Rancho California Road at Business Park Drive - Proiect
No. PW95-27
RECOMMENDATION:
20.1 Accept the Diaz Road Realignment (Phase I) - Traffic Signals Diaz Road at Rancho
Way and Rancho California Road at Business Park Drive - Project No. PW95-27 as
complete;
20.2 File a Notice of Completion, release the Performance Bond, and accept a one-year
Maintenance Bond in the amount of 10% of the contract;
20.3 Release the Labor and Materials Bond seven months after filing of the Notice of
Completion if no liens have been filed.
21 Award a Construction Contract for Fiscal Year 2005-2006 Street Stripino Prooram
Proiect No. PW05-02
RECOMMENDATION:
21.1 Award a construction contract for Fiscal Year 2005-2006 Street Striping Program -
Project No. PW05-02 to Pacific Striping, Inc. in the amount of $99,555 and authorize
the Mayor to execute the contract;
21.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $9,550 which is equal to 10% of the contract amount.
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22 Second Readino of Ordinance No. 05-09 (Game of Binoo bv Charitable Oroanizations)
I RECOMMENDATION:
22.1 Adopt an ordinance entitled:
ORDINANCE NO. 05-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER 9.50 TO THE TEMECULA
MUNICIPAL CODE AUTHORIZING THE GAME OF BINGO BY
CHARITABLE ORGANIZATIONS AND PROVIDING FOR THE
REGULATION THEREOF
MOTION: Councilman Naggar moved to approve Consent Calendar Items Nos. 1-22 with Item
Nos. 5 and 15 pulled for separate discussion; (see pages 4 and 5 for Item NO.5 and page 6 for
Item No. 15). The motion was seconded by Councilman Roberts and electronic vote reflected
approval with the exception of Councilman Naggar who voted no. on Item No. 22.
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I RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
23 Temecula Education Center: Development Aoreement (PA05-0122): Zone Chanoe and
Development Plan (PA04-0582): and Tentative Parcel Map (PA05-0070)
RECOMMENDATION:
23.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 05-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF TEMECULA AND AGK GROUP, LLC, ESTABLISHING
CERTAIN DEVELOPMENT RIGHTS FOR THE TEMECULA
EDUCATION CENTER (PA04-0582 AND PA05-0070)
23.2 Introduce and read by title only an ordinance entitled:
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ORDINANCE NO. 05-11
AN O.RDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE ZONING MAP OF THE CITY OF
TEMECULA FROM PUBLIC INSTITUTIONAL (PI) TO PLANNED
DEVELOPMENT OVERLAY (PDO-10) AND ADOPTING
SECTIONS 17.22.210 THROUGH 17.22.218 INCLUDING THE
PDO-10 TEXT AND DEVELOPMENT STANDARDS FOR A SITE
GENERALLY LOCATED AT THE NORTHWEST CORNER OF
DIAZ ROAD AND DENDY PARKWAY KNOWN AS ASSESSOR
PARCEL MAP NO. 909-370-002 (PA05-0122)
23.3 Adopt a resolution entitled:
RESOLUTION NO. 05-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA04-0582, A DEVELOPMENT PLAN FOR THE
CONSTRUCTION OF A 170,863 SQUARE FOOT EDUCATION
COMPLEX, A 18,792 SQUARE FOOT RESEARCH AND
DEVELOPMENT BUILDING WITH A CONFERENCE CENTER,
A PAD FOR A 16,000 SQUARE FOOT DAY CARE FACILITY,
RETAIL SPACE TOTALING 60,863 SQUARE FEET, A THREE-
STORY PARKING STRUCTURE WITH 502 PARKING SPACES,
AND 288 APARTMENT UNITS COMPRISING 337,098 SQUARE
FEET, FOR A TOTAL OF 603,616 SQUARE FEET ON 40.0
ACRES LOCATED AT THE NORTHWEST CORNER OF DIAZ
ROAD AND DENDY PARKWAY KNOWN AS ASSESSOR
PARCEL NOS. 909-370-002 AND 909-120-019 (PA04-0582)
23.4 Adopt a resolution entitled:
RESOLUTION NO. 05-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING TENTATIVE PARCEL MAP NO.
33405 TO SUBDIVIDE TWO LOTS TOTALING 40.0 ACRES
INTO 15 PARCELS CONSISTING OF EIGHT COMMERCIAL
PARCELS, ONE MIXED-USE PARCEL, ONE MULTI-FAMILY
RESIDENTIAL PARCEL, THREE PARCELS FOR PUBLIC
RIGHT-OF-WAY FOR STREETS, AND TWO REMAINDER
PARCELS, GENERALLY LOCATED AT THE NORTHWEST
CORNER OF DIAZ ROAD AND DENDY PARKWAY KNOW AS
ASSESSOR'S PARCEL NOS. 909-370-002 AND 909-120-019
(PA05-0070)
Director of Planning Ubnoske presented the City Council with a staff report (of record), offering
the following comments:
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· That at the Planning Commission meeting of May 4, 2005, a representative of Milgard
Windows raised concerns regarding additional traffic and the compatibility of the
residential units; but that Public Works staff determined that with the widening of both
Winchester Road and Jefferson Road, as well as the future French Valley Interchange,
staff would be of the opinion that traffic will not be an issue.
· That the applicant has agreed to provide disclosures to all residents of the apartments,
advising them of the industrial use in close proximity.
For Councilman Naggar, Director of Planning Ubnoske noted that the City Council action at this
time, would be the final action; and that she is of the opinion that all cultural issues have been
addressed.
At this time, the publiC hearing was opened.
Mr. A.G. Kating, applicant of the proposed project, thanked Joan Sparkman, Chairman of the
Board of Mt. San Jacinto College; Dr Peters, of Concordia University; Dr. Dick Eazy, President
of Community College; City of Temecula Planning staff; Director of Planning Ubnoske; Principal
Planner Hazen; Redevelopment Director Meyer; and Associate Planner Fisk for their efforts in
the proposed project. At this time, Mr. Kating offered the following:
· That letters of intent from CSU San Marcos, UCR Extension, Mt. San Jacinto College,
Concordia University, and pt. Loma Nursing School have all expressed interest in
providing classroom opportunities.
Mr. Gary Wiggle, provided a PowerPoint presentation of the Master Plan of the Temecula
Education Center, highlighting on the following:
. 30 x 30 classrooms
. 70 x 70 lecture halls
. Parking
. Security
. On-site daycare
. Site plan
. Open space
. Core of the education campus
. Outdoor amphitheater
. Retail buildings
. Flooring
. Mixed-use building
. Parking structures
. Apartment units
. Courtyard
. Colors and materials of project
. Conference/research center
. Visitor parking
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In response to Council's queries, Mr. Wiggle relayed the following:
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· That the construction will be scheduled to start in the beginning of 2006 and that phase I
would entail the apartment buildings, the center core, and the eastern towers
· That the amphitheater would be between 150 to 200 feet across; and that it would also
be available for entertainment purposes
· That out of the 288 apartment units on site, 50 of the units would be affordable housing.
The following individuals spoke in support of the proposed Temecula Education Complex for the
following reasons:
. Ms. Joan Sparkman
. Mr. Dennis Frank
. Ms. Pamela Voit
. Mr. Roger Ziemer
. Mr. Timothy Peters
· That Riverside's Educational Center and La Verne College would also be interested in
bringing in a law school to Temecula
· That the need of a higher education center would be critical to the continued attraction of
business and quality of jobs for citizens of Temecula
· That the proposed location for the Temecula Educational Center would be critical to the
future growth plans of southwest California and would be important from an Economic
Development standpoint.
I At this time, the publiC hearing was closed.
Councilman Naggar expressed his excitement toward the Education Complex stating that it
would be his opinion that the proposed project will change the culture and the identity of the City
of Temecula and that the economic development possibilities that would be related to this are
astronomical. Mr. Naggar also relayed that in the future, he would be willing to support other
land use changes in the area; he would desire to see more restaurants and retail in the area to
be frequented by the community; and he would also desire some form of transportation that
would go to and from the campus from pertinent parts of the City.
MOTION: Councilman Naggar moved to approve Item No. 23.3 and 23.4. Councilman
Washington seconded the motion and electronic vote reflected unanimous approval.
Praising all the stake holders, Mr. A.G. Kating and his employees, Councilwoman Edwards
expressed her excitement toward the proposed project; noting that she also is of the opinion
that a whole new dynamic will be taking shape on the northwest corner of the City and would
like to work with the City of Murrieta to install roads to provide better access.
Echoing Councilman Naggar and Councilwoman Edwards, Councilman Washington also
expressed his excitement and support for the proposed project noting that this project will add to
identity of Temecula.
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Councilman Roberts concurred with Councilman Naggar's comment regarding alternative
transportation; noting that he will add a commuter rail system at this site to a current study that
RTCT is conducting.
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MOTION: Councilman Naggar moved to approve Item No. 23.1. Councilman Washington
seconded the motion and voice vote reflected unanimous approval.
MOTION: Councilman Naggar moved to approve Item No. 23.2. Councilman Washington
seconded the motion and voice vote reflected unanimous approval.
24 Adoption of Ordinance - amendino Chapter 8.28 of the Temecula Municipal Code:
Uroencv and Reoular Ordinances: Uroencv Fee Resolution
RECOMMENDATION:
24.1 Adopt an Urgency Ordinance entitled:
ORDINANCE NO. 05-12
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMECULA AMENDING CHAPTER 8.28 OF THE
TEMECULA MUNICIPAL CODE WHICH IMPOSES THE
REQUIREMENTS OF THE NATIONAL POLLUTION
DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
CONCERNING STORMWATER RUNOFF QUALITY;
POLLUTION DISCHARGES; CONTROL OF URBAN RUNOFF;
INSPECTIONS OF SOURCES OF DISCHARGES;
ENFORCEMENT OF WATER QUALITY AND DISCHARGE
REGULATIONS AND PERMITS WITHIN THE CITY OF
TEMECULA, AND AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS/CITY ENGINEER TO PREPARE A MANUAL SETTING
FORTH THE ADMINISTRATIVE RULES, PROCEDURES, AND
REQUIREMENTS NECESSARY TO IMPLEMENT THIS
ORDINANCE
24.2 Adopt an Urgency Resolution entitled:
RESOLUTION NO. 05-71
AN URGENCY RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA ESTABLISHING FEES FOR SERVICES
ARISING UNDER ARTICLE VII OF CHAPTER 8.28 OF THE
TEMECULA MUNICIPAL CODE
24.3 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 05-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 8.28 OF THE TEMECULA
MUNICIPAL CODE WHICH IMPOSES THE REQUIREMENTS
OF THE NATIONAL POLLUTION DISCHARGE ELIMINATION
SYSTEM (NPDES) PERMIT CONCERNING STORMWATER
RUNOFF QUALITY; POLLUTION DISCHARGES; CONTROL OF
URBAN RUNOFF; INSPECTIONS OF SOURCES OF
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DISCHARGES; ENFORCEMENT OF WATER QUALITY AND
DISCHARGE REGULATIONS AND PERMITS WITHIN THE CITY
OF TEMECULA AND AUTHORIZING THE DIRECTOR PUBLIC
WORKS/CITY ENGINEER TO PREPARE A MANUAL SETTING
FORTH THE ADMINISTRATIVE RULES, PROCEDURES, AND
REQUIREMENTS NECESSARY TO IMPLEMENT THIS
ORDINANCE
24.4
Confirm that the adoption of this Ordinance represents components of the City's
adopted General Plan and is categorically exempt from CEQA pursuant to the
provisions of Sections 15308 and 15061 (b)(3) and, therefore, no further
environmental review is required. The City further acknowledges that the action is
the replacement of the existing regulatory ordinance with an ordinance of similar
character reflecting the current state of the applicable law. In light of this deminimus
substitution, the general rule of CEQA, as set forth in State CEQA Guidelines
Section 15601 (b)(3), is also deemed applicable to this action as it can be seen with
certainty that the adoption of this superseding ordinance will not cause new or
additional adverse effects upon the environment. The Final EIR for the City's
General Plan was certified by the City Council on April 12, 2005.
Director of Public Works Hughes presented staff report (of record).
For the City Council, City Attorney Thorson noted that the City has been under an NPDES
Ordinance for several years and that this would simply be an update to the ordinance.
Due to no speakers, the public hearing was closed.
MOTION: Councilman Naggar moved to approve Item No. 24.1. Councilman Washington
seconded the motion and electronic vote reflected unanimous approval.
MOTION: Councilman Naggar moved to approve Item No. 24.2 and 24.4. Councilman
Washington seconded the motion and electronic vote reflected unanimous approval.
MOTION: Councilman Washington moved to approve 24.3. Councilman Naggar seconded the
motion and electronic vote reflected unanimous approval.
Councilman Naggar moved to extend the City Council meeting to 10:15 p.m. Councilman
Washington seconded the motion and voice vote reflected unanimous approval.
COUNCIL BUSINESS
25 Litioation Involvino Roadwav Solicitation Ordinances
RECOMMENDATION:
Receive and file report
City Attorney Thorson provided the City Council with a staff report (of written material), offering
the following:
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· That there would be no connection between Illegal Immigration and Solicitation
Ordinance in terms of how the City would enforce it
· That the City would not have the authority, under Federal Law, to enforce the
immigration laws; and that to the extent that the City would try to enforce it, a Federal
court in numerous cases would strike down that action and not allow it to proceed.
· That a City's legitimate governmental issue would be to keep people out of danger in
public streets whether they would be soliciting employment, selling something, or
jaywalking
. That if a police officer were to witness a person violating the anti-solicitation ordinance,
the police officer would not be the individual who would determine whether or not
someone was an illegal resident or not
· That the City Council would be entitled to adopt bike lanes if the required findings were
found
. That the City does have the right to establish a bike lane, advising that it would be illegal
to park in a bike lane
It was the consensus of the City council to extend the meeting to 10:30 p.m.
· That there are vehicle codes laws that would prohibit pedestrians in roadways; that if
vehicles are stopped in roadways, impeding or blocking traffic, or parking in an illegal
area, they would be cited; and that public urination would also be a citable offense
Police Chief Domenoe stated that the enforcement that is currently taking place would be the
patrolling of police officers in the area.
It was also noted by Mr. Thorson that the issue would be that as long as the City is within its
legitimate governmental function of regulating the roadways and preventing traffic hazards, the
City would be secure.
Director of Public Works Hughes stated that it would be the City Council's purview to establish
"No parking" zones or "no stopping" zones without the installation of bike lanes.
At this time, the public hearing was opened.
Mr. Arne Chandler and Ms. Holly Warddrop, Temecula residents, spoke against day laborers,
noting the following:
· That safety and security would be issues of concern
. That there is a concern with public urination
. That day laborers create litter
. That day laborers are being exploited with low wages
. That the implementation of bicycle lanes, red curbs, and "No parking" signs would only
move the problem of day laborers to another site
· That the City Council must take an aggressive exploration of loitering laws, soliciting
laws, and trespassing laws
· That the majority of Temecula residents would desire that the problem of day laborers be
resolved before it escalates
· That an ordinance of "no loitering" within a one-mile radius of any school be
implemented to protect the children of St. Jeanne de Le Stonnac School from strangers
loitering in the area.
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In response to Mayor Comerchero's question, City Attorney Thorson offered the following:
· That Penal Code Section 653G would prohibit loitering in or near a public school and
that the definition would be to delay, linger, or to idle about a school or public place
without lawful business for being present; but noted that he is not aware of how the
District Attorney would view this.
· City Attorney Thorson also noted that the court states that people have the right to stand
on a public sidewalk and transact business
. That "no trespassing" signs on private property would be enforceable by law.
Police Chief Domenoe relayed that is most cases if there is trespassing on private property, the
police department would not make an arrest; that the homeowner would need to make a citizens
arrest; advising that typically, with a first offense, a trespasser would only be given a warning.
MOTION: Councilman Roberts moved to direct staff to explore various road design options for
east and west sides of Butterfield Stage Road and for the Police Department to begin immediate
on-site enforcement. Councilwoman Edwards seconded the motion and electronic vote
reflected unanimous approval.
CITY MANAGER'S REPORT
City Manager Nelson reported that Dr. John E. Husing's report is available on the City's
website. Expressing his enthusiasm, Mr. Nelson also thanked the City Council for the renewal
of his contract amendment.
CITY ATTORNEY'S REPORT
With regard to Closed Session, City Attorney Thorson advised that there was no action to
report under Closed Session.
ADJOURNMENT
At 10:35 P.M., the City Council meeting was formally adjourned to a regular meeting on
Tuesday, June 28, 2005, at 7:00 P.M., in the City Council Chambers, 43200 Business Park
Drive, Temecula, California.
ATTEST:
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