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HomeMy WebLinkAbout022200 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL FEBRUARY 22, 2000 CLOSED SESSION A meeting of the City of Temecula City Council was called to order at 5:30 P.M. It was duly moved and seconded to adjoum to Closed Session pursuant to Government Code Sections: 1. Conference with City Attorney and legal counsel pursuant to Govemment Code Section 54956.9(c) with respect to three matters of potential litigation. With respect to such matters, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City based on existing facts and circumstances and the City will decide whether to initiate litigation. 2. Conference with real property negotiator pursuant to Government Code Section 54956.8 conceming acquisition of real property (.247 acre access easement) to City-owned habitat mitigation area across property located on the southeast comer of Highway 79 and Jedediah Smith Road. The negotiating parties are the City of Temecula and Old Vail Partners. Under negotiation is the price and terms of payment of the real property interests proposed to be acquired. The City negotiators are Shawn Nelson, Jim O'Grady, and VVilliam Hughes. The Open Session of the City Council meeting convened at 7:00 P.M. ROLLCALL Present: Councilmembers: Mayor Pro Tem Comerchero, Naggar, Pratt, Roberts, and Mayor Stone. Absent: Councilmember: None. PRELUDE MUSIC The prelude music was provided by Ellie Macdonald. INVOCATION The invocation was given by Pastor Gene Holtz of Hope Lutheran Church. ALLEGIANCE The audience was led in the Flag salute by Mayor Pro Tem Comerchero. REQUEST TO ADD AN EMERGENCY AGENDA ITEM Mayor Stone urged the Council to consider an emergency agenda item; relayed that a Conditional Use Permit (CUP) had been issued for a recreational facility known as the Ollie House (a skateboard facility); noted the concern regarding the surrounding businesses with respect to the negative impacts of the facility; advised that the City had an ordinance that would allow any business to come before the Council to register their property as a place where skateboarding would be prohibited, noting that the surrounding businesses had not exercised their right to act upon this matter; relayed that the Business Association was attempting to obtain a temporary R:\Minutes\022200 1 restraining order in order to restrict this facility from operating; noted that the court date was scheduled for Monday, February 28, 2000; relayed the proposal for the City to enact a resolution in support of the facility which could be taken to court in order to demonstrate the City's commitment to the youth of the community, and to ensure that this facility would remain open. City Attorney Thorson provided clarification with regard to the necessary findings, specifically that the item arose after the posting of the agenda, and that action needed to be taken prior to the subsequent Council meeting. MOTION: Councilman Roberts moved that sufficient findings exist to discuss the above-mentioned request. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval, Mayor Stone advised that this item would be considered after consideration of the Consent Calendar matters, see page 5. PRESENTATIONS/PROCLAMATIONS Certificate of Achievement for Eagle Scout - Anthony Christian Burg Accepting the award from Mayor Stone with thanks, Mr. Anthony Burg relayed that the project he had completed in order to achieve the rank of Eagle Scout encompassed the organization of 30-35 Scouts for the purpose of refurbishing a trail at the Santa Rosa Plateau, noting that the project was inclusive of approximately 120 work hours. MarClarita Middle School Students trip to Nakayama, Japan Mayor Stone presented awards to the following students and chaperons who were chosen to represent the City of Temecula on the Sister City trip to Nakayama, Japan: Emily Anderson, Melody Bartholomew, Janet Brooke (absent), Amanda DeCarl, Luke Hardesty, Daniel Lacey, Stephanie Lickiss, Megan Stephen, Alex Teator (absent), Hilda Elswick, Patrice Ballinger, and Jim Souder; and distributed gift baskets for presentation to the host families which encompassed mementos from the City of Temecula. Presentation by the Tri-Countv South ReGional Tobacco-Free Project Representatives from the Tri-County South Regional Tobacco-Free Project presented plaques to the City of Temecula, the Temecula Valley Unified School District, and to Law Enforcement, presenting certificates to the Councilmembers, City Manager Nelson, and Law Enforcement Officers for their outstanding efforts in working towards keeping the youth of the community tobacco-free, noting that the City of Temecula consistently had yielded a zero percent (0%) youth access rate in terms of tobacco access via merchants. PUBLIC COMMENTS The public comments were considered out of order, see page 6. CITY COUNCIL REPORTS The City Council reports were heard out of order, see page 7. R:\Minutes\022200 2 CONSENT CALENDAR I Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda, 2 Resolution Approvincl List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 2000-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS 3 Property Insurance Renewal RECOMMENDATION: 3.1 Approve the City of Temecula Property Insurance Policy renewal with Chubb Insurance Company, Royal/Agricultural and Frontier Insurance Company and LIoyd's of London for the period of February 26, 2000 through February 26, 2001, in the amount of $74,470. 4 Records Destruction Approval RECOMMENDATION: 4.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. 5 License Agreement between the Temecula Town Association and the City of Temecula for Office Space at the Temecula Community Center RECOMMENDATION: 5.1 Approve the License Agreement between the City of Temecula and the Temecula Town Association (TTA) for use of office space at the Temecula Community Center (TCC). (Continued to the March 21, 2000, City Council meeting.) R:\Minutes\022200 3 8 9 Appropriation of Local Law Enforcement Block Grant (LLEBG) Funds RECOMMENDATION: 6.1 Approve an appropriation of $55,060 for Local Law Enforcement Block Grant funds for the purchase of equipment and improvements for the Old Town Police Storefront. Professional Survey Services Aqreement First Street Extension - Project No. PW95-08 RECOMMENDATION: 7.1 Approve a Professional Survey Services Agreement with Adkan Engineers for construction survey staking for First Street Extension - Project No. PW95-08 - in the amount of $66,925.00 and authorize the Mayor to execute the agreement; 7.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $6,692.50, which is equal to 10% of the agreement amount. It was noted that Mayor Stone abstained with regard to this Item. Professional Geo-technical Services Aqreement First Street Extension - Project No. PW95- 0__8 RECOMMENDATION: 8.1 Approve a Professional Geo-technical Services Agreement with LOR Geo-technical Group, Inc. for materials testing and inspection for First Street Extension - Project No. PW95-08 - in the amount of $78,581.00 and authorize the Mayor to execute the agreement; 8.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $7,858.10, which is equal to 10% of the agreement amount. It was noted that Mayor Stone abstained with regard to this Item. Acceptance of Irrevocable Offers to dedicate from Temecula 344/AF XV, Ltd. for access and maintenance of IrriGation Equipment - Raised Landscaped Median on Rancho California Road, east of Moraqa Road RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 2000-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE IRREVOCABLE OFFERS OF DEDICATION FROM TEMECULA 3441AF XV, LTD. FOR ACCESSING AND MAINTAINING CERTAIN IRRIGATION EQUIPMENT ASSOCIATED WITH THE LANDSCAPED MEDIAN ON RANCHO CALIFORNIA ROAD, EAST OF MORAGA ROAD R:\Minutes\022200 4 9.2 Authorize the City Clerk to record the irrevocable offers to dedicate. 10 Second Reading of Ordinance No. 2000-01 RECOMMENDATION: 10.1 Adopt an Ordinance entitled: ORDINANCE NO. 2000-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING THE PRIMA FACIE SPEED LIMIT ON BUSINESS PARK DRIVE MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1-10. The motion was seconded by Councilman Roberrs voice vote reflected approval with the exception of Mayor Stone who abstained with regard to Item Nos. 7, and 8. At this time the Council considered the Emergency Agenda Item. EMERGENCY AGENDA ITEM Mayor Stone read into the record a resolution, entitled: RESOLUTION NO. 2000-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE CONSTRUCTION AND OPERATION OF AN INDOOR SKATE PARK LOCATED AT 43300 BUSINESS PARK DRIVE, CENTER COURT, TEMECULA, CALIFORNIA MOTION: Councilman Naggar moved to approve the resolution of support for the indoor skate park. The motion was seconded by Councilman Comerchero. (This motion ultimately passed, see below.) Mr. Timothy Jay Miller, 45052 Corte Bella Donna, attorney representing the owner of the property, relayed the importance of the facility to the youth of the community; requested the Council's support with respect to the proposed resolution; and had those in the audience in support of this resolution, stand. Mayor Stone recommended that in addition to the resolution of support, that the City's ordinance, permitting a property owner to identify his property as a non-skateboarding property, which was enforceable, be brought to court additionally, in order to assure the adjacent business owners that they need not be impacted. At this time voice vote was taken, reflecting unanimous approval. It was noted that the meeting recessed at 7:23 P.M., reconvening at 7:28 P.M. R:\Minutes\022200 5 At this time the Council heard the public comments, and City Council reports. PUBLIC COMMENTS Mr. Larry Daniels, 35614 Wanki Street, City of Wildomar, representing the children from the Christian Youth Theater, expressed gratitude for the City's financial suppod, which was used for an improved sound system for the youth group. In response to Ms. May Lorah's (41886 Code Illoral queries, Mayor Stone relayed that he had served on the Temecula City Council for the past seven years, working with the School District in order to provide high school apprenticeships, working to lower taxes, enhancing public safety, and responding to the community's e-mail, and phone calls in an attempt to improve the quality of life in the City of Temecula; and provided clarification regarding his Assembly District campaign funding. Ms. Michelle Anderson, 43797 Barletta Street, representing Citizens First of the Temecula Valley, requested that the City's upcoming Growth Workshop be telecast; and suggested that the Councilmembers provide the following information at the beginning of the workshop: 1 ) at build-out, what did they envision the population to be, 2) how many dwellings would it take to attain the previous numbers in population, 3) how many open acres were envisioned in the City of Temecula at build-out, and 4) what year was envisioned for completion of build-out The following individuals spoke in favor of the Joint City CouncilFFemecula Valley School District's aquatic facility being 50 meters in size: n Mr. John Ruffner n Ms. Dona Mcllvian n Mr. Craig Beatty n Mr. Steve Fischer n Mr. Anthony Burg no address provided 32294 Code Las Cruces 32170 Camino Seneco 40545 Nob Coud 42200 Margarita Road representing the Temecula Swim Club representing the Temecula Swim Club The above-mentioned individuals relayed the following comments regarding the recommendation for a 50-meter sized aquatic facility: Advised that the larger facility would bring economic activity to the City during scheduled events. Noted that without a 50-meter pool, individuals would not be able to train for long course events or for Olympic competition. Relayed that due to the inadequate size of existing facilities, individuals were required to travel to alternate cities to train. Advised that a larger facility would accommodate additional youth participation, additional simultaneous practice sessions, larger-scaled tournaments, and regional meets. With respect to interest in aquatic activities in the City of Temecula, noted the tremendous growth. Submitted to Council a letter in suppod of a 50-meter aquatic facility, inclusive of 100 signatures. Via overheads, provided clarification with regard to the differential in s~zes of facilities; and presented alternate facility projects from various cities. R:\Minutes\022200 6 Advised that a 50-meter sized facility could be achieved within the current budget parameters, providing additional information regarding the cost of alternate facilities; recommended that the City share fifty percent (50%) of the additional maintenance costs associated with a larger facility with the School District. Noted the existing ovemrowded conditions at current practice sessions. Mayor Stone relayed that he and Councilman Roberts sat on the Joint City Council/Temecula Valley Unified School District Subcommittee, noting that this subcommittee would soon meet with the School Districts' representatives, and that this meeting would be open to the public; relayed that there would be diligent efforts to investigate the feasibility of a 50-meter aquatic facility at the high school site, inclusive of discussions regarding additional funding; clarified that this project would be a joint venture with the School District; and thanked those individuals who came to express their comments regarding the 50-meter facility, taking time from their busy schedules to address the Council. For informational purposes, City Manager Nelson relayed that the subcommittee meeting would most likely be scheduled in 30 days, noting that the School Board was in the process of appointing a new member to serve on that subcommittee. CITY COUNCIL REPORTS Mayor Pro Tem Comerchero relayed that on February 25th, and 26t" he would be participating in discussions regarding the new Five-Year Master Plan that was being formulated by the San Jacinto College District, which would be inclusive of plans to expand in and around the Temecula area. In response to Ms. Anderson's previous comments, Mayor Pro Tern Comerchero relayed concurrence with the recommendation to have each Councilman express their expectations at the upcoming workshop inclusive of the Council's views regarding acceptable Levels of Service (LOS) for traffic. At 7:57 P. M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 8:00 P.M., the City Council resumed with regularly scheduled City Council business. COUNCIL BUSINESS 11 Resolution of Support - Proposition No. 13 (Safe Drinkinq Water Clean Water, Watershed Protection, and Flood Protection Act) RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 2000-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING PROPOSITION NO. 13 - SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION ACT City Manager Nelson relayed the Council's previous request to continue this item to tonight's meeting in order to investigate additional information regarding this issue; and noted that there R:\Minutes\022200 7 were representatives from Eastem Municipal Water District (EMWD), and Rancho California Water District (RCWD) available to answer queries of the Council. The following individuals spoke as proponents of Proposition No. 13: [] Ms. A. McGregor 34555 Madera De Playa Drive [] Mr. Bob Lemons 42135 Winchester Road representing ROWD a Mr. Ted Haring no address provided representing EMWD The above-mentioned individuals relayed the following comments in favor of Proposition No. 13: Provided data regarding reclaimed water. ,r Relayed concern regarding increased densities in population with respect to the availability of water. Commended staff for the thorough information provided in the agenda matedal regarding this issue. ., Noted that Proposition No. 13 would mitigate the past neglect in the State of California with the provision of water infrastructure, which would support the existing development. ,r Advised that Proposition No. 13 would address water supply deficiencies, water quality improvements, flood protection, and environmental issues. Provided additional information regarding locally produced water from the aquifers. .r Relayed the appropriateness of utilizing State Bond funding for long-term capital projects. .r Specified that there would be no tax increases as a result of this bond. For Councilman Naggar, Mr. Lemons, representing RCWD, provided additional information regarding funding issues, specifically with respect to infrastructure in California being funded in the past via bond issuances, noting that water issues have been funded by fee-for-services users; with respect to the surplus in Federal monies, relayed the numerous competing services requesting those funds; and provided additional information with respect to the potential impacts regarding not being able to provide increased amounts of water via additional infrastructure. For Councilman Roberts, Mr. Lemons clarified the issue of water transfers in the State, specifically with respect to the role of Cadiz, Inc. regarding this matter. The Councilmembers relayed their concluding remarks, as follows: Mayor Pro Tern Comerchero relayed that after reviewing additional data with respect to this particular issue, that this bond was necessary due to the critical need in this area; and advised that he would support this proposition. While acknowledging that it would be beneficial if the surplus Federal monies could be utilized to address this matter, Councilman Roberrs relayed the various alternate issues that also needed to be addressed (i.e., traffic) with the surplus dollars; and noted that after lengthy investigation of the matter, while he queried portions of the proposition (i.e., the private company gaining support from this matter) that he would support the proposition. R:\Minutes\022200 8 Councilman Pratt relayed his complete support of the proposition. While supporting the concepts of this proposition (i.e., ensuring clean drinking water), Mayor Stone relayed his opposition to the manner the issue was bein9 financed; noted the future potential negative financial impacts with respect to the proposed financing; and advised that he did not suppod this initiative, as proposed. MOTION: Councilman Roberts moved to approve staff recommendation. Mayor Pro Tern Comerchero seconded the motion and voice vote reflected approval with the exception of Councilman Naggar and Mayor Stone who voted n__o. 12 Resolution - Proposition No. 22 - The Protection of Marriage Initiative RECOMMENDATION: 12.1 At the request of Mayor Stone, this resolution of support is being brought for discussion. RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING PROPOSITION NO. 22 - THE PROTECTION OF MARRIAGE INITIATIVE The following individuals spoke in favor of Proposition No. 22. n Ms. Stephanie Abbott 42888 Via Alhama n Ms. Lanae Turley-Trejo 45792 Code Ricardo c3 Ms. Sally Nicora 44778 Rhiannon Way The above-mentioned individuals relayed their suppod of Proposition No. 22 for the following reasons: ,r Requested all the members of the audience in suppod of this resolution to stand. Provided an analogy demonstrating the importance of the foundation of a society, paralleling that marriage was the primary foundation of American society, needing to be reinforced in order to ensure the strength of the family. Noted that numerous individuals chose to reside in the City of Temecula based on the fact that it was a family-oriented community. ,r Relaying Webster's Dictionary and Encyclopedia references noted that the definition of marriage was that it was a union between a man and a woman. ,/ While suggesting that an alternate term be utilized to define other unions, relayed opposition to changing the definition of the term marriage. It was noted that at this time Deputy City Clerk Ballreich read into the record a letter from Ms. Penny Seidman, which was provided to the Council, expressing her comments as follows: 1) that since this issue was a moral issue, and not a government issue, the Council should not be addressing the matter, and 2) that in her opinion those who supported this proposition showed little or no tolerance for individuals who were different. R:\Minutes\022200 9 The Council made its conclusionarv comments, as follows: Councilman Naggar referenced the Defense of Marriage Act, which provided each State the latitude to make individual decisions regarding marriage; noted that California Law currently defines marriage as the union between a man and a woman; relayed the importance of the City of Temecula taking a stand on this matter due to the fact that the traditional mardage was vital to the foundation of the City; and advised that when the term marriage can mean "anything," it will cease to mean anything, noting his support of the resolution. Noting that his 40th Wedding Anniversary was upcoming, Councilman Roberrs relayed that he had strong feelings regarding this issue; advised that itwas a moral issue, and not a City issue; relayed that in his seat on the Council, he represented not himself, but the citizens of Temecula; noted that he had received e-mails on both sides of the issue; and relayed that he would abstain with respect to voting for the citizens of Temecula. Relaying that he was not necessarily opposed to Proposition No. 22, Mayor Pro Tern Comerchero noted his devotion to family; advised that since this was a moral, personal issue, the Council did not have the right, nor the obligation to dictate to the citizens moral judgements; and relayed that he would be abstaining with regard to this matter. In concurrence with Councilmen Comerchero and Roberts, Councilman Pratt noted that he would be abstaining with regard to this matter. Mayor Stone relayed that the public had a right to the knowledge of their City Officials concepts regarding certain social issues; relayed that marriage was an institution that needed to be protected, recommending that gay individuals seek alternate legislative avenues to protect their rights (i.e,, visiting individuals in a hospital); and relayed that since he felt strongly in favor of this issue, he would support this resolution. MOTION: Councilman Naggar moved to approve the resolution of support for Proposition No. 22, as described. Mayor Stone seconded the motion and roll call vote reflected denial of the motion, as follows: 0/2/0/3 ABSENT: AYES: NOES: ABSTAIN: Councilmember: Councilmembers: Councilmember: Councilmembers: None. Naggar, and Stone. None. Comerchero, Roberts, and Pratt. 13 Appointment to the Senior Center Expansion DeslOin Committee RECOMMENDATION: 13.1 Appoint one City Councilmember to serve on the Senior Center Expansion Design Committee. Deputy City Clerk Ballreich provided the staff report (of record), noting that due to the resignation by Councilman Pratt from the Senior Center Expansion Design Committee, it was requested that the Council appoint one Councilmember to serve on this committee. Mayor Pro Tem Comerchero nominated Councilman Roberts for the appointment. R:\Minutes\022200 10 Councilman Naggar relayed a desire to serve on this committee, advising that he would defer to Councilman Roberts if it was his desire to fill this seat. Councilman Roberts relayed his interest in serving on this committee, noting that the meetings would take place during the week day hours at which time he was available. MOTION: Mayor Pro Tern Comerchero moved appoint Councilman Roberrs to serve on the committee. The motion was seconded by Councilman Naggar and voice vote reflected unanimous approval. DEPARTMENTAL REPORTS CITY MANAGER'S REPORT City Manager Nelson relayed that the Council would be holding a Growth Workshop on Tuesday, February 29, 2000, inviting the public to attend. CITY ATTORNEY'S REPORT City Attorney Thorson relayed that with respect to the four matters discussed in Closed Session that there were no actions taken that were reportable under the Brown Act; and with respect to the real property matters, noted that prior to a final decision the matters would come back to the Council for formal approval. ADJOURNMENT At 8:56 P.M., Mayor Stone formally adjourned the City Council meeting to the next adjourned regular meeting: City Council Workshop, Tuesday, February 29, 2000, 6:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Jeffrey E. Stone, Mayor S.usan W Jones, [SEAL] R:\Minutes\022200 11