HomeMy WebLinkAbout042506 CC Minutes
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MINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
APRIL 25, 2006
The City Council convened in Closed Session at 6:15 P.M. and its regular meeting commenced
at 7:01 P.M., on Tuesday, April 25, 2006, in the City Council Chambers of Temecula City Hall,
43200 Business Park Drive, Temecula, California, was convened.
Present:
5
Council Members: Comerchero, Edwards, Naggar, Washington, and
Roberts
Absent:
o
Council Members: None
PRELUDE MUSIC
The Prelude Music was provided by the Beginning and Junior Choir of the Musicians Workshop.
INVOCATION
The invocation was given by Pastor Dominic Occhipinti of Temecula Community Church.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Council Member Edwards.
PRESENT ATIONS/PROCLAMATIONS
Mental Health Month Proclamation
Proclaiming the month of Mayas Mental Health Month, Mayor Roberts presented the
proclamation to Ms. Virginia Marshall, Vice President of National Alliance on Mental Illness,
who, in turn, invited the City Council and the public to the upcoming Open House at Mental
Health Administration on Tuesday, May 16, 2006, from 3:00 P.M. to 6:00 P.M.
Miracles for Kids Dav Proclamation
Proclaiming April 25, 2006 as Miracles for Kids Day, Mayor Roberts presented the proclamation
to LaVonna Lacey, Event Coordinator, who expressed her appreciation to the City Council for
the support.
Architecture Week Proclamation
Proclaiming the week of April 23, 2006, as Architecture Week, Mayor Roberts presented the
proclamation to Mr. James Horecka, AlA, who, in turn, apprised the City Council and the public
of an upcoming event on Saturday, April 29, 2006, at the newly remodeled Riverside Plaza,
noting additional information may be obtained through www.aiaic.ora.
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PUBLIC COMMENTS
A. Presenting bouquets of beautiful roses to the City Council Members, Ms. Rebecca
Weersing, Friends of the Temecula Library and the Rose Society, invited the City Council and
the public to the upcoming Temecula Valley Rose Festival Weekend on Saturday, May 6, 2006,
at the Community Recreation Center and Sunday, May 7, 2006, at Rose Haven and advised
that Franz Wisner author of Honeymoon with my Brother will be at the Temecula Library on
Thursday, April 27, 2006, at 7:00 P.M.
CITY COUNCIL REPORTS
A. Council Member Edwards advised that the Chambers of Commerce (Lake Elsinore,
Temecula, and Murrieta) formed the Southwest California Legislative Council in an effort to
cooperatively work on issues that will assist businesses in the Valley and noted that this
organization has drafted legislation such as AB 2492 which will allow the Governor to declare a
state of emergency and will assist with bypassing red tape with regard to infrastructure.
B. Visiting the Mary Phillips Senior Center on a regular basis, Council Member Naggar
commented on the need for a power wash or new paint for the building and an upgrade of its
landscaping and requested that this matter be addressed in the upcoming Capital Improvement
Project
C. Reiterating the event, Council Member Comerchero invited the public to the Library on
Thursday, April 27, 2006, at 7:00 P.M. to meet Franz Wisner author of Honeymoon with my
brother.
Having visited Old Town on Saturday morning, Mr. Comerchero expressed his
amazement with the numerous events/activities provided to the public.
Viewing the City as being economically fortunate, Mr. Comerchero recommended that
the City Council consider, during its budget workshop, providing the use of the skateboard park
facility at no cost.
D. Having attended a Southern California Association of Governments Housing Summit in
the City of Torrance, Mayor Pro Tem Washington advised that discussions included creating
Affordable Housing, continued demand on housing in this State, jobs-to-housing balance, areas
of revitalization, Redevelopment Agency (amenities/commercial/residential), Transportation
Uniform Mitigation Fee, and infrastructure needs/demands.
E. With regard to Consent Calendar Item No.5, Mayor Roberts commented on the plans to
construct a transit station on SR 79, west of the 1-15 freeway, and advised that Riverside County
Transportation Commission voted to complete a study on a commuter rail or high-speed rail
system between the City of Corona and Cities of Temecula/Murrieta along the 1-15 Corridor to
tie in with San Diego County to complete the process from the City of Corona to the City of San
Diego. Mr. Roberts noted that this rail system would be in addition to the Metrolink San Jacinto
Line (Riverside to City of Perris at the 74 off-ramp).
Having met with top executives of the Press Enterprise, Mr. Roberts commented on the
paper's outreach program to make the newspaper better and to address the needs of the City.
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CONSENT CALENDAR
I 1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
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1.1 Motion to waive the reading of text of all ordinances and resolutions included in the
agenda.
2 Minutes
RECOMMENDATION:
2.1 Approve the minutes of March 28, 2006;
2.2 Approve the minutes of April 11 ,2006.
3 Resolution approvina List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 06-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
4 Edward Bvrne Memorial Justice Assistance Grant Application
RECOMMENDATION:
4.1 Approve the Edward Byrne Memorial Justice Assistance Grant Application for a total
amount of $14,966.
5 A Resolution of the City Council of the City of Temecula cooperatina with Southern
California Association of Governments (SCAm as a 2% Strateav Demonstration
Community for Community-Based Transportation Plannina (at the Reauest of Mavor
Roberts)
Recommendation:
5.1 Adopt a resolution entitled:
RESOLUTION NO. 06-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
COOPERATING WITH SOUTHERN CALIFORNIA ASSOCIATION OF
GOVERNMENTS (SCAG) AS A 2% STRATEGY DEMONSTRATION
COMMUNITY FOR COMMUNITY-BASED TRANSPORTATION PLANNING
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6 Tract Map No. 29353 (located east of Butterfield Staae Road inclusive of North Loop Road
and South Loop Road within the Roripauah Ranch Specific Plan)
RECOMMENDATION:
6.1 Approve Tract Map No. 29353 in conformance with the Conditions of Approval;
6.2 Approve the Subdivision Improvement Agreement and accept the Faithful
Performance and Labor and Materials Bonds as security for the agreement;
6.3 Approve the Subdivision Monument Agreement and accept the Monument Bond as
security for the agreement.
7 Approval of the Plans and Specifications and authorization to solicit Construction Bids for the
Wolf Creek Fire Station. and approval of the Professional Services Aareement with Vanir
Construction Manaaement. Inc. for Construction Manaaement. Material Testina. and
Special Inspections - Proiect No. PW01-11
RECOMMENDATION:
7.1 Approve the Construction Plans and Specifications and authorize the Department of
Public Works to solicit construction bids for the Wolf Creek Fire Station - Project No.
PW01-11;
7.2 Approve the agreement with Vanir Construction Management, Inc. to provide
professional construction management, material testing, and special inspection
services in an amount not to exceed $319,460 and authorize the Mayor to execute
the agreement;
7.3 Authorize the City Manager to approve amendments to the agreement not to
exceed the contingency amount of $31,946, which is equal to 10% of the agreement
amount.
8 Award the Construction Contract for Route 79 South Medians between 1-15 and Butterfield
Staae Road - Proiect No. PW02-14
8.1 Award a construction contract for Route 79 South Medians between 1-15 and
Butterfield Stage Road - Project PW02-14 - including the Base Bid and Additive Bid
#2, to Beador Construction Company, Inc. in the amount of $4,655,000 and
authorize the Mayor to execute the contract;
8.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $465,500, which is equal to 10% of the contract amount;
8.3 Authorize an appropriation of $530,000 from Crowne Hill Community Facilities
District (CFD) - Caltrans Improvement Fund;
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8.4 Authorize an appropriation in the amount of $1,728,279 from General Fund Capital
Reserves to fully fund this project.
9 Approve Economic Development Event Sponsorship Reauests
RECOMMENDATION:
9.1 Approve the Event Sponsorship Agreement in the amount of $10,000 cash and City
support costs in the amount up to $6,100 for the Temecula Valley International Jazz
Festival;
9.2 Approve the Event Sponsorship Agreement in the amount of $35,000 for the
Temecula Valley Balloon & Wine Festival. In addition, the Festival requests that the
City will provide temporary logistical support of traffic control signs and devices to
assist with public safety during the Festival estimated at $1,400;
9.3 Approve the Event Sponsorship Agreement in the amount of $60,000 for the 2006
Temecula Valley International Film & Music Festival;
9.4 Approve an appropriation of an additional $30,000 to the original budget allocation
of $30,000 from the Unreserved General Fund bringing total sponsorship for the
2006 Temecula Valley Film & Music Festival event to $60,000;
9.5 Authorize the Mayor to execute the above-mentioned agreements.
I (Pulled for separate discussion; see page 5-6.)
10 Approve a Third Amendment for Plan Review Services.
RECOMMENDATION:
10.1 Approve the Third Amendment for Plan Check Services with Esgil Corporation in
the amount of $157,000 plus a 10% contingency.
MOTION: Council Member Washington moved to approve the Consent Calendar Item Nos. 1-8
and 10 (Item No.9 was pulled for separate discussion; see below). Council Member
Comerchero seconded the motion and the electronic vote reflected approval with the
exception of Council Member Naggar who abstained with regard to Item No. 2.2.
CONSENT CALENDAR ITEM NO.5 CONSIDERED UNDER SEPARATE DISCUSSION
9 Approve Economic Development Event Sponsorship Reauests
RECOMMENDATION:
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9.6 Approve the Event Sponsorship Agreement in the amount of $10,000 cash and City
support costs in the amount up to $6,100 for the Temecula Valley International Jazz
Festival;
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9.7 Approve the Event Sponsorship Agreement in the amount of $35,000 for the
Temecula Valley Balloon & Wine Festival. In addition, the Festival requests that the
City will provide temporary logistical support of traffic control signs and devices to
assist with public safety during the Festival estimated at $1,400;
9.8 Approve the Event Sponsorship Agreement in the amount of $60,000 for the 2006
Temecula Valley International Film & Music Festival;
9.9 Approve an appropriation of an additional $30,000 to the original budget allocation
of $30,000 from the Unreserved General Fund bringing total sponsorship for the
2006 Temecula Valley Film & Music Festival event to $60,000;
9.10 Authorize the Mayor to execute the above-mentioned agreements.
Requesting that this item be considered under separate discussion, Council Member Edwards
commented on the successful Temecula Valley International Film & Music Festival and advised
that the Festival has hired a professional public relations firm to further increase and improve its
outreach program and hired an accounting firm to assist with bookkeeping efforts.
Mayor Pro Tem Washington advised that a local accountant has volunteered to provide those
services to the Festival.
Recognizing the efforts undertaken by the City to promote tourism, Mayor Pro Tem Washington
commented on the City's contributions to support tourism which is a significant component of
economic development.
MOTION: Council Member Comerchero moved to approve Consent Calendar Item NO.9. The
motion was seconded by Mayor Pro Tem Washington and electronic vote reflected unanimous
approval
At 7:37 P.M., the City Council convened as the Temecula Community Services District and the
Temecula Redevelopment Agency. At 7:42 P.M., the City Council resumed with regular
business.
PUBLIC HEARING
17 A Citywide ordinance prohibitina Medical Mariiuana Dispensaries in all zonina districts in the
City of Temecula
RECOMMENDATION:
17.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 06-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING SECTIONS 17.06.030, 17.08.030, AND 17.34.010 OF THE
TEMECULA MUNICIPAL CODE, PROHIBITING THE ESTABLISHMENT OF
MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY
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City Attorney Thorson presented the staff report (as per agenda material), clarifying that the
proposed Ordinance is a land use ordinance that would prohibit the establishment of such
dispensaries within the various zones within the City and advising that those individuals in need
of such treatment should contact the Sheriff's Department and County Health Department.
In response to Mayor Roberts, City Attorney Thorson noted that the County has not made a
decision with regard to this matter.
At this time, the public hearing was opened.
Speaking in support of medical marijuana dispensaries, Mr. Martin Victor, Temecula, stated the
following:
. That the Supreme Court of the Unites States did not state that California law is
unconstitutional and that Federal law supersedes State law
. that medical marijuana patients, as per the Health and Safety Code, are exempt from
prosecution
. that currently the City has six medical marijuana patients that must travel 80 miles to get
their medicine
. that Supervisor Stone recently attended a conference of doctors, nurses, and
researchers in Santa Barbara and that he visited a dispensary in Santa Barbara
. that he would like to locate a medical marijuana dispensary in the City.
There being no additional speakers, the public hearing was closed.
Appreciating the passion of the speaker, Council Member Naggar clarified that the Council's
decision with regard to this matter or any other matter must consider the impacts/the affects to
the City as a whole; that currently there is a conflict with the law and that unless this conflict can
be resolved, Mr. Naggar expressed his support of the Federal law until this law may be
changed.
Echoing Council Member Naggar's comments, Council Member Edwards as well expressed her
compassion for those individuals that have no other alternatives; viewed herself as not qualified
to rule on such medical issues; and noted that medical marijuana should be
regulated/dispensed similar to other Class 2 drugs which are regulated/dispensed through
pharmacies.
Noting that his comments have been expressed by his fellow colleagues, Mayor Pro Tem
Washington commended City Attorney Thorson on the clarification of the proposed ordinance -
a land use decision, reiterating the need to resolve the conflict between Federal and State laws.
Concurring with the previously made comments, Council Member Comerchero reiterated that
the issue before the City Council is a land use issue and, therefore, expressed his support of the
recommendation.
Echoing the comments of his fellow colleagues, Mayor Roberts expressed his support of the
recommendation.
At this time, City Attorney Thorson introduced Ordinance No. 06-05.
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MOTION: Mayor Pro Tem Washington moved to introduce Ordinance No. 06-05. The motion
was seconded by Council Member Edwards and electronic vote reflected unanimous approval.
18 A Development Plan for Plaza Rio Vista Office Buildina (PA05-0139)
RECOMMENDATION:
18.1 Adopt a resolution entitled:
RESOLUTION NO. 06-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING PLANNING APPLICATION NO. PA05-0139, A DEVELOPMENT
PLAN TO CONSTRUCT AN 18,680 SQUARE FOOT, TWO-STORY OFFICE
BUILDING ON A 1.41 ACRE SITE IN THE LIGHT INDUSTRIAL ZONE, LOCATED
ON THE NORTHWEST CORNER OF DIAZ ROAD AND BLACKDEER LOOP,
KNOWN AS APN 921-030-016 AND APN 921-030-017
By way of a PowerPoint presentation, Planning Director Ubnoske provided an overview of the
proposal
There being no public input, the public hearing was closed.
MOTION: Council Member Naggar moved to approve staff recommendation. The motion was
seconded by Council Member Comerchero and voice vote reflected unanimous approval.
COUNCIL BUSINESS
19 Proposed Commission Guidelines
(at the reauest of Council Members Naaaar and Washinaton)
RECOMMENDATION:
19.1 Adopt the proposed guidelines for the appointment of City Commissioners, for
inclusion in the Handbook for Commissions, Committees, and Boards.
As per a PowerPoint presentation, City Clerk Jones highlighted the staff report (of record).
Appreciating the efforts of the City's Commissioners, Mayor Pro Tem Washington commented
on his goal for these guidelines to include measures that would encourage new citizens that
have not had the opportunity to participate and to make such an opportunity available.
Concurring with the proposed guidelines to be included in the Handbook for Commissions,
Committees, and Boards, the Council Members expressed their views with regard to the
additional guidelines for candidates who have served two full terms and recommended the
following:
· That the incumbent shall have served as Chair or Vice Chair of his/her respective
Commission (for a candidate who has served two full terms and seeking
subsequent terms)
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o Council Member Comerchero - may take an appointment out of the City
Council's control and may place it in the control of the Commission; that
such question should be asked by the City Council but should not be
made mandatory;
o Council Member Naggar - concurred with requiring this option
considering this option would be for a third term
o Council Member Edwards - expressed her support
o Mayor Pro Tem Washington - expressed his support of this option
o Mayor Roberts - recommended the use of should versus shall
. That the incumbent hall have served on at least one subcommittee of his/her
respective Commission (for a candidate who has served two full terms and
seeking subsequent terms)
o Council Member Comerchero - suggested that such information should
be considered by the City Council but should not be mandated;
o Council Member Naggar - encouraged all Commissions to consider the
appointment of subcommittees and, therefore, concurred with this option;
recommended the addition of the following verbiage: ... one
subcommittee or special project. . .;
o Council Member Edwards - Public Traffic Safety Commission generally
does not function through subcommittees and, therefore, this objective
may not work;
o Mayor Pro Tem Washington - intent was not to create a mandate but for
the guidelines to serve as a framework of the expectations and
proactiveness on the Commission
o Mayor Roberts - recommended the use of should versus shall
. That the incumbent may only be appointed to a third term and beyond with a
4/5ths vote
o Council Member Comerchero - vehemently opposed this option because
such action would usurp the democratic process;
o Council Member Naggar - did not feel strongly either way about this
option
o Council Member Edwards - vehemently opposed this option
o Mayor Pro Tem Washington - did not feel strongly either way about this
option
o Mayor Roberts - concurred with the opposition of his fellow Council
Members
MOTION: Council Member Naggar moved to approve the recommended guidelines, as written,
for candidates seeking a third term, the guideline that the incumbent may only be appointed to a
third term and beyond with a 4/5ths vote was deleted and the following verbiage as added to the
guideline that the incumbent shall have served on at least one subcommittee or special project
of hislher respective Commission. Council Member Edwards seconded the motion. (Prior to
the vote, additional discussion ensued; see page 8.)
Council Member Edwards expressed no concem with the guidelines for a third-term candidate,
as written, expressing her support of the use of shall.
SUBSTITUTE MOTION: Council Member Comerchero moved to approve the recommended
guidelines but requested the addition of the following language: that if the applicant were an
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incumbent, that it would be viewed favorably/strong determining factor if he/she had previously
served as ChairNice Chair. (This motion died for the lack of a second.)
Wanting to specifically address the two-term Commissioner, Mayor Pro Tem Washington
viewed it as a milestone if a two-term Commissioner had previously served as a ChairNice
Chair but expressed the importance of separating the process of an initial Commission
appointment versus a third-term appointment.
At this time, the electronic vote of the original motion reflected approval of the motion
with Council Member Comerchero voting !!2.
DEPARTMENTAL REPORTS
20 Buildina and Safetv Department Monthlv Report
No additional comment.
21 Plannina Department Monthlv Report
No additional comment.
22 Public Works Department Monthlv Report
No additional comment.
CITY MANAGER'S REPORT
No additional comment.
CITY ATTORNEY'S REPORT
City Attorney Thorson advised that the City Council provided direction to him with respect to the
litigation listed but other than that there was no action to report.
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ADJOURNMENT
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At 8:30 P.M., the City Council meeting was formally adjourned to Tuesday, May 9, 2006, at 5:30
P.M., for a Closed Session with the regular session commencing at 7:00 P.M., in the City
Council Chambers, 43200 Business Park Drive, Temecula, California.
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Ron Roberts, Mayor
ATTEST:
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