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HomeMy WebLinkAbout071001 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JULY 10, 2001 The City Council convened in Open Session at 7:00 P.M., on Tuesday, July 10, 2001, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. There were no Closed Session Items. Present: Councilmembers: Naggar, Pratt, Roberts, Stone, Comerchero Absent: Couneilmember: None PRELUDE MUSIC The prelude music was provided by Eve Craig. INVOCATION The invocation was given by Pastor Skip McComas of Hope Lutheran. ALLEGIANCE The salute to the Flag was led by Cub Pack No. 148. PUBLIC COMMENTS A. Relaying the Board's opposition with the article, Mr. Paul Orozco, representing Southwest Hispanic Chamber of Commerce, referenced the article published in the Valley Times with regard to Housing. B. Mr. Clif Hewlett, 42890 Calle Corto, representing De Luz 2000, relayed his opposition to the high-density housing project previously proposed for Walker Basin; advised that a new plan has been proposed with a total housing density of 106 dwelling units; and requested that the City of Temecula officially support the newly proposed plan which will be considered by the County Planning Commission. Mayor Comerchero informed Mr. Hewlett that the matter has already been agendized for the City Council meeting of July 24, 2001. Relaying his delight with the proposed reduction in density, Mayor Pro Tem Roberts continued to voice concerns with regard to the removal of existing oak trees. Advising that staff will be submitting a letter to the County Planning Commission, on his behalf, relaying his support of De Luz 2000, Councilman Naggar as well presented a copy of his letter to Mr. Hewiett and welcomed him to read the letter into the record at the County Planning Commission meeting. C. Ms. Eve Craig, 42960 Calle Reva, President of the Temecu[a Valley Historical Society, thanked the City Council for its recent sponsorship of the Historical Society Barbeque and commended those individuals involved on a job well done. R:\Minutes\071001 1 CITY COUNCIL REPORTS A. In response to Mr. Orozco, Councilman Stone requested that the Redevelopment Agency's Housing Program be agendized, within the next 30 days, for City Council review. B. With regard to the requests to lower the speed limit in Temeku Hills (golf course community), Mayor Pro Tern Roberts advised that the City of Norco is in the process of drafting a new law with regard to this issue and as well suggested that such law, if approved, be applied to the Meadowview community (horse community). Mayor Pro Tem Roberts informed the City Council and viewing public that he has been elected as the Chair of the Transportation Committee of the Southern California Association of Governments and as well has been reappointed as a Member of the California League of Cities (Riverside County Division Executive Board) for one year. C. By way of overhead, Councilman Naggar referenced a brochure that reflects various examples of densities and suggested that such examples be included in the City's newsletter. Concurring with Mr. Naggar's suggestion, Mayor Comerchero requested that staff be given the opportunity to create examples appropriate for the City. Mayor Pro Tem Roberts as well concurred Councilman Naggar's suggestion to publish such examples in the City's newsletter. D. Supporting Mayor Pro Tem Roberts' comments relative to the speed limit in Temeku Hills, Councilman Pratt noted that such action, where applicable, should apply to the entire City. Mr. Pratt also commented on the need to change the autoculture. E. Advising that the Public Utilities Commission is conducting a hearing at the Community Recreation Center (CRC) this evening and will continue to conduct other hearings to address the Environmental Impact Report for the Valley Rainbow Powerline Project, Mayor Comerchero noted that he had briefly attended the hearing at the CRC in order to read into to the record an official statement from the City and encouraged those individuals with concerns to attend the upcoming hearings in order to provide input. F. Councilman Naggar commended staff on an excellent job with regard to the Fourth of July Festivities. CONSENTCALENDAR 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 Minutes RECOMMENDATION: 2.1 Approve the minutes of June 12, 2001. R:\Minutes\071001 2 3 Resolution approvinq List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO, 01-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of May 31,2001 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of May 31,2001. 5 City Treasurer's Statement of Investment Policy RECOMMENDATION: 5.1 Adopt the Treasurer's Statement of Investment Policy as proposed by staff, which provides safety, liquidity, and yield for City funds. 6 Authorization of Special Tax Levy in Community Facilities District No. 88-12 (Ynez Corridor) RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 01-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) 7 Purchase of Police Motorcycles RECOMMENDATION: 7.1 Approve the purchase of two police motorcycles from Quaid Harley Davidson for a total amount of $36,948.76. Because of the reliability, durability, and cost after buy back, Mayor Pro Tem Roberts relayed his support of the purchase of two Harley Davidson motorcycles. R:\Minutes\071001 3 8 Contract Inspection Services for Buildinq and Safety RECOMMENDATION: 8.1 Approve an agreement for Consultant Services with P & D Consultants in an amount not to exceed $165,000 to provide supplemental building inspection services to the Building and Safety Department. 9 David Turch & Associates Contract Amendment RECOMMENDATION: 9.1 Approve the contract amendment for Federal legislative services to be provided by David Turch & Associates in the amount of $30,000 with an additional $2,500 reimbursement for all ordinary and reasonable expenses incurred on the City's behalf. 10 Maintenance Facility OfficeNVorkstation Furnishings RECOMMENDATION: 10.1 Approve a contract in the amount of $83,061 to purchase refurbished modular workstations and space planning services from Business Furniture Solutions. With regard to Consent Calendar Item Nos. 11, 12, 13, it was noted by Public Works Director Hughes, for Councilman Naggar, that staff has followed the RFQ process; that a vast majority of the participating vendors are local; that any company has the opportunity to be placed on the City's vendor list; and that these Annual Professional Services Agreements are not exclusive agreements. Councilman Naggar voiced his desire to ensure the ability for newer firms to be given an opportunity. 11 Annual Professional Services Aqreement for Real Estate Appraisal Services for various Capital Improvement Proiects for FY 2001-2002 RECOMMENDATION: 11.1 Approve an agreement with Robert Shea Perdue Real Estate Appraisal in an amount not to exceed $30,000 to provide as-needed real estate appraisal services; 11.2 Authorize the Mayor to execute the agreement. 12 Annual Professional Services Aqreements for Geotechnical and Material Testinq Services for various Capital Improvement Proiects for FY 2001-2002 RECOMMENDATION: 12.1 Approve the agreement with Petra Geotechnical, Inc. in an amount not to exceed $60,000 to provide as-needed geotechnical and materials testing services; 12.2 Approve the agreement with Ninyo & Moore in an amount not to exceed $60,000 to provide as-needed geotechnical and materials testing services; R:\Minutes\071001 4 12.3 Authorize the Mayor to execute the agreements. 13 Annual Professional Services Aqreements for Enqineerin.q and Construction Survey Services for various Capital Improvement Proiects for FY 2001-2002 RECOMMENDATION: 13.1 Approve the annual agreement with Kevin Cozad & Associates in an amount not to exceed $60,000 to provide as-needed engineering and construction survey services; 13.2 Approve the annual agreement with Adikson Engineers, Inc., dba Adkan Engineers, in an amount not to exceed $60,000 to.provide as-needed engineering and construction survey services; 13.3 Authorize the Mayor to executethe agreements. 14 Public Works Annual Maintenance Aqreements RECOMMENDATION: 14.1 Approve the minor annual maintenance and construction contracts with: · Monteleone Contractors, Inc. in an amount not to exceed $100,000.00 · Walter K. Becker (dba Becker Engineering) in an amount not to exceed $100,000.00 · Rene's Commercial Management in an amount not to exceed $100,000.00 · Torah Development & Construction in an amount not to exceed $100,000.00 · NPG Corp (Nelson Paving & Sealing) in an amount not to exceed $100,000.00 · Murrieta Development Company in an amount not to exceed $100,000.00 · Graham Crackers-Demo, Inc. in an amount not to exceed $100,000.00. 15 Amendment No. 2 with West Coast Arborists, Inc. for renewal of City-wide Tree Trimminq Maintenance Contract RECOMMENDATION: 15.1 Approve Amendment No. 2 for the extension of the City-wide Tree Trimming Maintenance Services Contract with West Coast Arborists, Inc. for a period of one year beginning July 1,2001 in an amount of $150,000.00 and authorize the Mayor to execute the contract extension; 15.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $15,000.00, which is equal to 10% of the contract amount. R:\Minutes\071001 5 16 Completion and Acceptance of Pala Road Bridqe Improvements - Environmental Mitiqation - Proiect No. PW97-15EM RECOMMENDATION: 16.1 Accept the project Pala Road Bridge Improvements - Environmental Mitigation - Project No. PW97-15EM - as complete; 16.2 Authorize the City Clerk to file the Notice of Completion and release the Performance Bond; 16.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion, if no liens have been filed. 17 Professional Services Aqreement - Converse Consultants Contract for Geotechnical and Material Testinq Services - Pavement Management Proiect - FY2000-01 - Project No. PW00-30 RECOMMENDATION: 17.1 Approve an agreement with Converse Consultants in an amount not to exceed $32,020.00 to provide as-needed geotechnical and material testing services for the Pavement Management Project for FY2000-01 and authorize the Mayor to execute the agreement; 17.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $3,202.00, which is equal to 10% of the agreement amount. 18 Department of Parks and Recreation Per Capita Grant Proqram RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. 01-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COSTAL PROTECTION BOND ACT OF 2000 19 Acceptance of Median Landscape Bonds and Aqreement alonq Meadows Parkway for Tract Nos. 29431 and 24136 - Newland Communities, LLC RECOMMENDATION: 19.1 Accept the agreement and surety bonds from Newland Communities, LLC, Inc. to the landscaped medians along Campanula Way and De Portola Road in Paseo del Sol - Specific Plan No. 219 - Tract Nos. 29431 and 24136. R:\Minutes\071001 6 20 Leqislation 2001 RECOMMENDATION: 20.1 Approve staff to prepare various positions of support with the Mayor's signature for current legislation. 21 Roripauqh Specific Plan - Status Report RECOMMENDATION: 21.1 Receive and file. MOTION: Councilman Naggar moved to appro~,e Consent Calendar Item Nos. 1-21. motion was seconded by Councilman Stone and voice voted reflected unanimous approval. At 7:39 P. M., the City Council convened as the Temecula Community Services District, the Temecula Redevelopment Agency, and the Winchester Hills Financing Authority. After a shod recess, the City Council, at 8:03 P.M., resumed with regularly scheduled City Council business. The 22 Pedestrian Bridqe over Winchester Road at Nicolas Road (at the request of Councilman Naggar) RECOMMENDATION: 22.1 Direct the Public Works Department to process an application for the construction of a pedestrian bridge over Winchester Road at Nicolas Road through Caltrans; 22.2 Approve a transfer of $400,000.00 in Capital Reserves from the Murrieta Hot Springs Road Flyover Project (Date/Cherry Street Improvements from Murrieta Hot Springs Road to Margarita Road - Phase V) to the pedestrian bridge project over State Route 79 North/Winchester Road at Nicolas Road. Public Works Director Hughes reviewed the staff report (as per agenda material); commented on the process necessary in order for Caltrans to make a decision as to whether or not to permit the construction of a pedestrian overcrossing; advised that Caltrans has full jurisdiction over the roadway; addressed funding, noting that pedestrian safety grants may be available through the State/Federal; relayed that all avenues will be pursued after which the matter would be forwarded to the Public Traffic/Safety Commission for input and to the City Council for final recommendation. In response to Mayor Pro Tern Roberts, Mr. Hughes confirmed that because the construction of such an overcrossing would not be a regional project but a local project, Caltrans would not require the City to attain approvals from SCAG or RCTC unless funding were being sought from those agencies. Having personally viewed such traffic measures in the City of Laguna Beach, Mayor Pro Tern Roberts requested that staff determine if Caltrans have approved the flashing ambers (pavement and overhead) and if it were an approved device that has been approved, requested that staff explore such options for the City. Councilman Naggar requested that the City Council and the public be kept apprised of the process. R:\Minutes\071001 7 Councilman Pratt requested that staff discuss the construction of such an overcrossing with the Temecula Unified School District in order to determine if other possible sites may be necessary. MOTION: Councilman Naggar moved to approve the staff recommendation. The motion was seconded by Mayor Pro Tem Roberts and voice vote reflected unanimous approval. 23 Potential City Hall Site (at the request of Councilman Pratt) RECOMMENDATION: 23.1 Provide direction to staff regarding this item. Viewing the City's City Hall as a centerpiece location of the community, Councilman Pratt commented on sites that he would find, architecturally and Iocationally, as suitable sites. Concurring that the City Hall site should be a centralized location for the community, Councilman Stone stated that the current site will not indefinitely satisfy the City's needs; that the City purchased its City Hall with the intent of utilizing it for approximately 10 years (City Hall has been operating at the current site for the past five years in October); that the City has other capital needs (Police Station, an additional library) prior to funding a future City Hall; that staff should begin to explore potential sites, centrally located, for a future Civic Center; and that this project should be addressed in the Capital Improvement Program. Concurring with the idea of exploring future City Hall sites, Mayor Pro Tem Roberts as well noted that the City has other immediate priorities such as the construction of a library. Councilman Naggar concurred with staff exploring potential City Hall sites and continuing to maintain a reserve to ensure the ability to purchase the appropriate site when located. As well concurring with the idea of exploring potential City Hall sites, Mayor Comerchero suggested that the process be identified in the Capital Improvement Program. City Manager Nelson advised that approximately $1 million has been set aside for the City Hall location; recommended to proceed with the development of a work plan and for staff to analyze potential sites in order for the City Council to identify a site and then proceed with acquiring the property and land banking for the desired site; and to present the work plan to the City Council within 60 days; MOTION: Councilman Stone moved that staff to proceed with the development of a future City Hall work plan, to analyze potential sites, to include a future City Hall site in the Capital Improvement Program, and that the matter be readdressed by the City Council within the next 60 days. The motion was seconded by Mayor Pro Tem Roberts and voice vote reflected unanimous approval. R:\Minutes\071001 8 24 City Council Term Limits (at the request of Councilman Pratt) RECOMMENDATION: 24.1 Provide direction to staff regarding this item. Having requested this particular item, Councilman Pratt reviewed the issue, relaying his support of limiting City Council to two terms in order to give other individuals the opportunity to serve the community. For Councilman Naggar, Councilman Pratt noted that, to his understanding, the proposed term limits would not apply to the upcoming election. Mr. David Micheal, 30300 Churchill Court, relayed his support of terms limits (total of 8 years) and, therefore, suggested that it be placed on the November ballot. Referencing an article, written by Rod Pacheco (64th District), in support of term limits, Mr. Chris Pedersen, 31052 Wellington Circle, as well spoke in support of term limits. Adamantly opposing term limits, Councilman Stone noted that term limits, even at a State level, have proven, because of inconsistencies, to be a failure; that the residents of the City have the ability to impose term limits every four years; and that term limits could even be imposed earlier than the four years by way of a recall. Commenting on the impacts term limits have had at the State/Federal level, Mayor Pro Tem Roberts noted that he could possibly, in the future, support a three-term limit (12 years) for the City. Addressing the need for leadership, knowledge base, and history, in order to serve on various agency boards, Mr. Roberts noted that such qualities take time. As per the listing provided by staff, Assistant City Attorney Curley, for Councilman Naggar, reiterated that 22 of the 371 General Law Cities have adopted term limits. Viewing the power of incumbency as powerful, Councilman Naggar relayed his support of term limits (8 years); stated that new candidates bring new ideas; and suggested the following option: two term limits after which a two-year hiatus be taken and then the individual may again choose to run for another two terms. Strongly opposing the adoption of term limits, Mayor Comemhero viewed terms limits as an insult to the voters, noting that an incumbent only has an advantage if he/she has done a good job; otherwise, he stated that he would not view incumbency as an advantage; that working in government is a slow process as to how the individual develops as a leader; and that involvement in regional issues takes time. Mr. Comerchero noted that of the 371 General Law Cities only 22 have adopted term limits and that of the 17,000 cities in the United States, only 3,000 have adopted term limits. Councilman Pratt noted that the Cities of Los Angeles and San Francisco have term limits and reiterated his support of term limits. Councilman Naggar requested that staff provide information to him as to how Riverside County voted with regard to State limits. R:\Minutes\071001 9 MOTION: Councilman Stone moved to reject term limits at the local level and that staff provide to Mr. Naggar the information he had requested. The motion was seconded by Mayor Pro Tern Roberts and voice vote reflected approval with the exception of Councilman Pratt and Councilman Naggar who voted no. 25 Release of letter from City Attorney reqardinq use of City Facilities (at the request of Councilman Naggar) RECOMMENDATION: 25.1 Provide direction to staff regarding this item. Advising the public that the proposed request to make public a letter, marked confidential Attorney/Client privilege, written by the City Attorney with regard to the use of City facilities for political activities is an unusual request, Mayor Comerchero noted that the City Council will have to vote on whether or not to release the letter to the public. Mr. Comerchero relayed his support of releasing the letter. With regard to Mayor Pro Tem Roberts' request of the City Attorney to provide a legal opinion as to the use of City Hall for the Kitchen Cabinet meetings, Mr. David Micheal, 30300 Churchill Court, noted that the Attorney has given a ruling but has evoked Attorney/Client privilege, stating that a client may waive such a privilege. With regard to the City Attorney's opinion, Mr. Micheal stated that the City Council never approved the City Attorney to give such a legal opinion on this issue or approved expenditures with regard to the matter and, therefore, requested that Mayor Pro Tern Roberts be submitted a bill for payment. City Manager Nelson clarified that he had made the request of the City Attorney not Mayor Pro Tern Roberts. MOTION: Mayor Pro Tern Roberts moved to release the letter to the public. The motion was seconded by Councilman Naggar and voice vote reflected approval with the exception of Councilman Stone who voted no. At this time, Mayor Comerchero read into the record the letter written by City Attorney Thorson, dated 6/25/01, with regard to the use of City facilities for political activities. Councilman Naggar noted that the formation of the Kitchen Cabinet was a campaign promise he had made; described the initial organization of the committee; and commented on the meetings and the make-up of the members. Advising that a member of the committee had sent a letter to him submitting her resignation from the committee, Mr. Naggar noted that her resignation letter was never received by him but was received by Mayor Pro Tem Roberts; and that the resignation letter was then provided to the press and that accusations were made that he was improperly using City Hall for politicat means. Referencing the ruling from the United States Justice Foundation with regard to this issue, Mr. Naggar noted that no violation of any municipal, regulatory, or State Law has occurred and that, in fact, the founder of the Kitchen Cabinet has acted with the highest regard for citizen involvement. He reiterated that the Kitchen Cabinet meetings are open and press has been invited to attend. Having apologized to the individual who submitted the resignation letter, Mayor Pro Tem Roberts advised that he had received a copy of the letter; that he was under the impression that it was copied to all City Councilmembers; and that he was in Italy during the time this letter was received. Referencing the individual's letter and noted comments, Mr. Roberts questioned whether these committee meetings are open or closed meetings. As stated by the United R:\Minutes\071001 10 States Justice Foundation, Mr. Roberts requested that equal access to these meetings be given all City Councilmembers and, if so desired, to the entire public. Extending an apology to the citizens of Temecula, Councilman Stone stated that the past two years, any issue that could be politicized has been politicized and, therefore, explained his reason for voting no to releasing the letter to the public. Mr. Stone noted that the City Council should be spending more time on City issues instead of the issues such this, viewing such discussion as a waste of time to the City Council as well as to the viewing audience. Concurring that this is not the forum in which to address this matter, Mayor Comerchero noted that the item was to release the letter; that the City Council had voted to release the letter; that the letter was read into the record; and that the requested action has been taken. Councilman Naggar reiterated that the Kitchen Cabinet meetings are open and noted that he as well is embarrassed by such action and that it is a political issue -- one that he did not cause. 26 Consideration of Mail Security Measures for City Council Correspondence (at the request of Councilman Naggar) RECQMMENDATION: 26.1 Provide direction to staff regarding this item. Reviewing the City's mail delivery procedure for the City Councilmembers, Councilman Naggar readdressed the issue and questioned of how a resignation letter from the Kitchen Cabinet member addressed to him was received by Mayor Pro Tern Roberts and subsequently received by the press. As a result of this issue, Mr. Naggar advised that his mail will now be under lock and key. Advising that staff receives hundreds of correspondence on a monthly basis, City Manager Nelson noted, for Councilman Naggar, that he cannot specifically answer why the letter of discussion was not stamped and/or routed as usually done or why it was received by Mayor Pro Tern Roberts. Noting that staff takes pride in their work and that staff does their best to route information to the City Councilmembers as well as internal staff within the City, Mr. Nelson stated that all such documents are public documents. Clarifying the standard mail delivery/distribution procedure, Mr. Nelson advised that a new procedure has been developed for Mr. Naggar to ensure a level of comfort for him but noted that he cannot promise a mistake will not be made because human error does occur, summarizing that a mistake was made and for that he apologizes. In the past nine years, Councilman Stone stated that staff has done an exceptional and responsible job in the distribution/delivery of City Councilmembers mail, noting that any mail he receives may be viewed as a public document; that he personally has nothing to hide; and that he is satisfied with the current procedure and the security of it. Mr. David Micheal, 30300 Churchill Court, reiterated that any City Councilmember could have come to the Kitchen Cabinet meetings and noted that the Cabinet members have chosen to not want press in attendance in fear of being misquoted or inhibited by discussion. Mr. Micheal stated that Mayor Pro Tern Roberts should have given the resignation letter to Councilman Naggar. In response to Mayor Pro Tem Roberts, Assistant City Attorney Curley reviewed the Public Records Act and, thereby, defining a public record as a written system with information relating to the conduct of public/City business that is prepared, owned, used, retained by the City in the R:\Minutes\071001 11 normal cause of business and stating that any communication pertaining to City business, not marked confidential/private, would fall into that broad definition of a public record. Viewing the majority of staff as outstanding, Councilman Naggar relayed his dismay with the randomness of this act. Addressing the current mail delivery/distribution procedure, Mayor Comerchero noted that a vast majority of letters received by him are letters addressed to another City Councilmember and that are copied to the entire City Council unless marked personal/confidential. In closing, Mayor Comerchero voiced no concern with the current mail procedure and as well viewed his mail as public information. Viewing such discussion as wasteful, Councilman Stone requested that staff agendize an item, as in the City of Murrieta, requiring three City Council votes to agendize any item for discussion. CITY MANAGER'S REPORT No comment. CITY ATTORNEY'S REPORT No comment. ADJOURNMENT At 9:44 P.M., the City Council meeting was formally adjourned to Tuesday, July 17, 2001, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California, for the purpose of a Joint City Council/Planning Commission Workshop. ATTEST: ~eff~C-'-'~'~-~r c h e~o, Mayor [SEAL] R:\Minutes\071001 12