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HomeMy WebLinkAbout052201 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MAY 22, 2001 The City Council convened in Closed Session at 5:30 P.M., on Tuesday, May 22, 2001, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. The Open Session of the City Council meeting commenced at 7:01 P.M. Present: Absent: ALLEGIANCE Councilmembers: Naggar, Pratt, Comerchero Councilmember: Roberts, Stone The salute to the Flag was led by Mayor Comerchero. PRESENTATIONS/PROCLAMATIONS National Public Works Week Proclamation Mayor Comerchero presented to Public Works Director Hughes the proclamation. Certificate of Achievement to Helen Hunt Jackson Elementary School's Swim Team Commending the participation of the children, the parents, and the coaches, Mayor Comerchero presented a proclamation to the representative of the Swim Team. Certificate of Achievement to Temecula Middle School Swim Team As well commending the participation of the children, the parents, and the coaches, Mayor Comerchero presented a proclamation to the representative of the Swim Team. Youth of the Year Award - Lori DiGiacomo Introducing Ms. Lori DiGiacomo as the State Youth of the Year for the Boys and Girls Club, Mayor Comerchero commended Ms. DiGiacomo on her achievements and presented to her a Certificate of Achievement. Providing some insight on the process of achieving such an accomplishment, Mr. Gilmore commended Ms. DiGiacomo and commented on the positive examples she has set for the community's youth. Leukemia and Lymphoma Proclamation Mayor Comerehero presented the proclamation to Mr. Chuck Moulin, who, in turn, provided information with regard to The Big $20.00 Drive against Leukemia event. R:\Minutes\052201 1 PUBLIC COMMENTS Mayor Comerchero announced that staff is recommending that Agenda Item No. 20 (Prima Facie Speed Limit on Certain Streets) be continued to the June 12, 2001, City Council meeting. A. Mr. Wayne Hall, 42131 Agena Street, representing the Veterans of Foreign Wars, invited the City Councilmembers and the public to celebrate, honor, and remember those individuals who fought in foreign wars on Memorial Day, May 28, 2001. B. Ms. Tomi Arbogast, 27450 Ynez Road, representing the Temecula Valley Chamber of Commerce, announced and invited business owners of the community to an Energy Crisis Forum hosted by the Chamber, on Wednesday, May 23, 2001, at 7:30 A.M., at Embassy Suites, noting that the forum will address preparedness for businesses in the event of a rolling blackout. C. Mr. George DiLeo, 32871 Rovato Street, commented on the City's need to provide more industry within the City to ensure sufficient jobs with adequate salaries. D. Ms. Michelle Anderson, 43797 Barletta Street, representing Citizens First of Temecula Valley, commended Councilman Pratt on his foresight in 1998 when he requested, as a citizen, that the City Council construct a pedestrian bridge at Chaparral High School in an effort to ensure the safety of the children. In light of the recent loss of a child in that area, Ms. Anderson requested that emergency monies be set aside for a pedestrian bridge in order to address that particular location and that such safety measures I~e, a well, explored for other locations. E. In response to Councilman Naggar, City Manager Nelson replied that staff would explore the cost of constructing such a pedestrian bridge and that it would be forwarded to the City Council during the Capital Improvement Program Workshop on June 12, 2001. F. Ms. Ellen Watkins, 31699 Calle Bamaldo, representing the Temecula Valley Playhouse, thanked the City Council, staff, and citizens for their continuous support of the Community Theater; apprised the public of an upcoming benefit Music Man performance for Colton Smith and Nathan Lopshire on May 30, 2001, at the Community Recreation Center; advised that the performance will continue through June 9, 2001; and noted that picnic dinners, sponsored by the Temecula Valley Elks Lodge No. 2801, Murrieta Rotary, and Sweet Adelines, will be available, advising that all proceeds from the dinners will benefit the new Old Town Community Theater. CITY COUNCIL REPORTS A. Councilman Naggar thanked Mr. Ed Dool for his assistance of ensuring that a family in need had the bus fare needed during an emergency situation. B. Having attended the Temecula Scholarship Foundation function at Temecula Valley High School on Monday, May 21, 2001, Mayor Comerchero proudly announced that over 350 students from the three high schools received schaiarships in varying amounts. C. Apprising the public that the City lost a very special person, Mayor Comerchero sadly announced the passing of Tony Tobin, noting that Mr. Tobin was instrumental in the founding of the Temecula Historical Museum. R:\MJnutes\052201 2 CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption 'iSrocedure 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 13, 2001; 2.2 Approve the minutes of February 27, 2001; 2.3 Approve the minutes of March 6, 2001. 3 Resolution approvin.q List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO, 01- 31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Report as of March 31,2001 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of March 31, 2001. 5 American Leqion - Boys' State Proqram RECOMMENDATION: 5.1 Allocate $2,000 for two Temecula High School students for the American Legion- Boys' State Program. 4 R:\Minutes\052201 3 6 Community Facilities District No. 88-12 (Ynez Corridor) Initiation of Actions Necessary to Foreclose Delinquent Special Tax Liens RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 01-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING ACTION TO TRANSMIT TO THE COUNTY OF RIVERSIDE DOCUMENTS NECESSARY TO CREDIT THE COUNTY OF RIVERSIDE TAX COLLECTOR UPON THE TAX ROLL AND TO RELIEVE THE TAX COLLECTOR OF FURTHER DUTY THERETO IN COMMUNITY FACILITIES DISTRICT NO. 88-12 AS REQUIRED BY LAW; ORDERING ACTIONS TO FORECLOSE THE DELINQUENT SPECIAL TAX LIENS; AND ORDERING THE RECORDATION OF A NOTICE OF INTENT TO REMOVE DELINQUENT SPECIAL TAX INSTALLMENTS FROM THE TAX ROLL Acceptance of Certain Public Streets into the City-Maintained Street System within Tract Map No. 23371-5 (located north of Rancho California Road, east of Margarita Road, west of Meadows Parkway, south of La Serena Way and within the Marqarita Villaqe Specific Plan No. 199 - Temeku Hills Subdivision) RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 01-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT MAP NO. 23371-5) 8 Parcel Map No. 29821 (located at 43172 Business Park Drive) RECOMMENDATION: 8.1 Approve Parcel Map No. 29821 in conformance with the conditions of approval. (This Items was pulled for separate discussion; see page 7). R:\Minutes\052201 4 Acceptance of an Easement Deed for a Meanderinq Sidewalk alonq Rancho Way with a portion within Parcel 4 of Parcel Map No. 19580 (located at the southeast corner of Rancho Way and Business Park Drive) RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 01-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN EASEMENT DEED FOR A MEANDERING SIDEWALK ALONG RANCHO WAY WITH A PORTION WITHIN PARCEL 4 OF PARCEL MAP NO. 19580 AS REQUIRED PER THE CONDITIONS OF APPROVAL FOR PLANNING APPLICATION NO. PA00-0367 10 Quitclaim Vehicular Access Easement (located within Tract Map No. 23125-1 throuqh Residential Lot 29 and Open Space Lot 43 from Calle Morita to Butterfield Staqe Road) RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO, 01-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE QUITCLAIM OF A VEHICULAR ACCESS EASEMENT TO THE UNDERLYING FEE OWNERS LOCATED WITHIN TRACT MAP NO. 23125-1 THROUGH RESIDENTIAL LOT 29 AND OPEN SPACE LOT 43 FROM CALLE MORITA TO BUTFERFIELD STAGE ROAD 11 Acceptance of Certain Public Streets into the City-Maintained Street System within Tract Map No. 23371-2 (located north of Rancho California Road, east of Marqarita Road, west of Meadows Parkway, south of La Serena Way and within the Marqarita Villaqe Specific Plan No. 199 - Temeku Hills Subdivision) RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 01-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT MAP NO. 23371-2) R:\Minutes\052201 5 12 Amendment to Professional Services Aqreement- Inspection Services- Various Projects RECOMMENDATION: 12.1 Approve Amendment No. 2 to the Professional Survey Services Agreement with Vail Cooper and Associates, Inc. for an amount equal to $24,640 and authorize the Mayor to execute the amendment. 13 Liqht Emitting Diode (LED) Traffic Si.qnal Conversion Proqram - Proiect No. PW01-03 RECOMMENDATION: 13.1 Authorize the City Manager to approve Contract Change Order No. 1 for an amount of $55,984.94 for the Light Emitting Diode (LED) Traffic Signal Conversion Program - Project No. PW01-03; 13.2 Approve a budget transfer of $36,000.00 from Capital Project Reserves - Santa Gertrudis Creek Bridge Widening at 1-15 Southbound Off-Ramp for the Light Emitting Diode (LED) Traffic Signal Conversion Program. 14 Completion and Acceptance Citywide P.C.C. Repair Program for FY00-01 - Proiect No. PW00-17 RECOMMENDATION: 14.1 Accept the project Citywide P.C.C. Repair Program for FY00-01 - Project No. PW00-17 as complete; 14.2 File a Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract; 14.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 15 Authorize a Temporary Partial Street Closure on Old Town Front Street for Old Town Temecula Street Paintinq Festival on June 2 and 3, 2001 RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 01-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING A PARTIAL STREET CLOSURE ON OLD TOWN FRONT STREET FOR THE OLD TOWN TEMECULA STREET PAINTING FESTIVAL ON JUNE 2 AND 3, 2001 AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THIS SPECIFIC SPECIAL EVENT R:\Minutes\052201 6 16 Acceptance of Certain Public Streets into the City-Maintained Street System within Tract Map No. 23371-1 (located north of Rancho California Road, east of Margarita Road, west of Meadows Parkway, south of La Serena Way and within the Marqarita Villaqe Specific Plan No. 199 - Temeku Hills Subdivision) RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 01-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT MAP NO. 23371-1) 17 Roripauqh Specific Plan - Project Update RECOMMENDATION: 17.1 Receive and file report. 18 Request for Waiver of Application Filinq Fee for PA01-0147 RECOMMENATION: 18.1 Waive application filing fee for PA01-0147. MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1-7 and 9-18 (Item No. 8 was considered under separate discussion). The motion was seconded by Councilman Pratt and voice voted reflected approval with the exception of Mayor Pro Tern Roberts and Councilman Stone who were absent. CONSENT CALENDAR ITEMS CONSIDERED UNDER SEPARATE DISCUSSION 8 Parcel Map No. 29821 (located at 43172 Business Park Drivel RECOMMENDATION: 8.1 Approve Parcel Map No. 29821 in conformance with the conditions of approval. Public Works Director Hughes provided an overview of the staff report (as per agenda material). Although this and other parcels are being approved, Councilman Pratt requested that it be ensured that this parcel as well as others partake in an overall City-wide traffic calming plan, ride sharing, etc. MOTION: Councilman Naggar moved to approve staff recommendation. The motion was seconded by Councilman Pratt and voice vote reflected approval with the exception of Mayor Pro Tern Roberts and Councilman Stone who were absent. At 7:37 P.M., Mayor Comerchero convened as the Community Services District and the Redevelopment Agency and reconvened the City Council meeting at 7:41 P.M. R:\MJnutes\052201 7 PUBLIC HEARING t 9 COUNCIL BUSINESS Weed Abatement Liens for FY 2000 RECOMMENDATION: 19.1 Adopt a resolution entitled: RESOLUTION NO. 01-39 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION Deputy City Manager Thornhill presented the staff report (of record) and noted, for Councilman Naggar, that the City will be recovering full costs associated with these liens. At this time, Mayor Comerchero invited public input. There being no input, the public hearing was closed. MOTION: Councilman Pratt moved to approve the staff recommendation with the adoption of Resolution No. 01-39. The motion was seconded by Councilman Naggar and voice vote reflected approval with the exception of Mayor Pro Tem Roberts and Councilman Stone who were absent. COUNCIL BUSINESS 20 Prima Facie Speed Limit on Certain Streets RECOMMENDATION: 20.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO, 01- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 10,28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMIT ON 1) HONORS DRIVE BE'FWEEN MARGARITA ROAD AND TEE DRIVE AND 2) TEMEKU DRIVE BETWEEN TEE DRIVE AND LA SERENA WAY As mentioned earlier, Mayor Comerchero noted that staff is recommending that this matter be continued to the June 12, 2001, City Council meeting. Public Works Director Hughes provided a brief overview of the staff report (as per agenda material). R:\Minutes\052201 8 Because Councilman Pratt was desirous in participating in this matter but due to his absence from the June 12, 2001, City Council meeting, it was suggested that the matter be continued to the June 26, 2001, City Council meeting. MOTION: Councilman Pratt moved to continue this matter to the June 26, 2001, City Council meeting. The motion was seconded by Councilman Naggar and voice vote reflected with the exception of Mayor Pro Tern Roberts and Councilman Stone who were absent. 21 Award the Construction Contract for Proiect No. PW01-07 - FY2000-01 - Slurry Seal Project RECOMMENDATION: 21.1 Receive an oral report on the bids received May 17, 2001; 21.2 Award a construction contract for FY2000-01 Slurry Seal Program and authorize the Mayor to execute the contract; 21.3 Authorize the City Manager to approve change orders not to exceed the contingency amount of 10% of the contract documents. Public Works Director Hughes presented the staff report as well as the supplemental material (of record). For Mayor Comerchero, Mr. Hughes advised that the proposed firm (American Asphalt Repair & Resudacing Co., Inc.) has previously worked for the City. MOTION: Councilman Naggar moved to approve the staff recommendation, including the supplemental material, to award a construction contract to American Asphalt Repair & Resurfacing Co., Inc. at $277, 465.50 and to authorize the City Manager to approve change orders not to exceed the contingency amount of $27,746.55 which is equal to 10% of the contract amount. The motion was seconded by Cquncilman Pratt and voice vote reflected approval with the exception of Mayor Pro Tem Roberts and Councilman Stone who were absent. 22 Loud Party Ordinance RECOMMENDATION: 22.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 01-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 9.18 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING LIABILITY TO PERSONS WHO ARE RESPONSIBLE FOR LOUD OR UNRULY ASSEMBLIES WHICH CAUSE DISTURBANCES OF THE PEACE AND PROVIDING FOR RECOVERY OF LAW ENFORCEMENT COSTS IN CONNECTION WITH SUCH ASSEMBLIES R:\Minutes\052201 9 Police Chief Domenoe reviewed the staff report and the proposed ordinance, highlighting statistics as it relates to disturbance calls as well as the associated penalties after the initial respoRse. For Councilman Naggar, Police Chief Domenoe reviewed the various components of the proposed ordinance, noting that most disturbance calls relate to loud music. Commenting on a party that had occurred in his neighborhood, Mayor Comerchero commended the 21-year old individual who had apprised the neighborhood of an upcoming party and, thereby, making the potentially impacted neighbors more tolerant of the situation. Mr. Comerchero suggested that through the adoption of this ordinance, such practice could be relayed to the residents for future use. As the requestor of this ordinance, Mr. Marcus Moliins, 42018 Via Renate, thanked the City Council, City Manager Nelson, and Police Chief Domenoe for their support. At this time, City Attorney Thorson introduced and read by title only Ordinance No. 01-06. MOTION: Councilman Naggar moved to introduce Ordinance No. 01-06. The motion was seconded by Councilman Pratt and voice vote reflected approval with the exception of Mayor Pro Tern Roberts and Councilman Stone who were absent. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT City Manager Nelson reminded the public that the Annual Operating and Capital Improvement Program Budgets will be considered for approval at the June 12, 2001, City Council meeting. ClTY ATTORNEY'S REPORT With regard to Closed Session Item No. 1, City Attorney Thorson advised that the City Council with a 3-0-2 (Mayor Pro Tem Roberts and Councilman Stone absent) declined to join the lawsuit of Southern California Association of Governments, et al vs. Bornstein, et al. With regard to Item No. 2, Mr. Thorson advised that the City CounciI gave direction to the real property negotiators for pursuing those acquisition~. R:\Minutes\052201 10 ADJOURNMENT At 8:04 P.M., the City Council meeting was formafly adjourned to Tuesday, June 12, 2001, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: [S~AL] /,/~//- JeffComerchero, Mayor R:\Minutes\052201 11