HomeMy WebLinkAbout102301 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
OCTOBER 23, 2001
The City Council convened in Open Session at 7:00 P.M., on Tuesday, October 23, 2001, in
the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula,
California.
Present:
Councilmembers: Naggar, Pratt, Roberts, Stone, Comemhero
Absent: Councilmember: None
PRELUDE MUSIC
The prelude music was provided by Natalie and Tiffany Vita.
INVOCATION
The invocation was given by Pastor Robert Gonzalez of House to House Ministry.
ALLEGIANCE
The salute to the Flag was led by Cub Scout Pack No. 301.
PRESENTATIONS/PROCLAMATIONS
Performance by the Musicians' Workshop Choir
Under the direction of Choir Director, Esthern Dernbach, the Choir performed the City Song as
well as another patriotic song. Mayor Comerchero noted that the words for the City Song will be
posted on the City's Website and that he was under the impression that a CD may be
forthcoming.
Domestic Violence Awareness Month Proclamation
Accepting the City's proclamation, both Ms. Eliza Daniely-Woolfolk, Executive Director, and Ms.
Terra Rodi, Center Coordinator, thanked the City for its continuous support, noting that the
City's support assisted in making the upcoming construction of a new 60-bed state-of-the-art
shelter and training facility a reality.
National and State Financial Reportinq Awards
Honoring the Finance Department on its receipt of National and State Awards, City Manager
Nelson commended Finance Director Roberts, Fiscal Services Manager Papagolos, Senior
Accountant Brown, Accountant Ruddell, and Administrative Secretary Caravelli on a job well
done.
Presentation bv the Temecula Firefiqhters
Advising of the necessary recovery efforts undertaken during the September 11, 2001, tragedy,
City Fire Chief Windsor advised that the County Urban Search and Rescue Teams were
activated to assist in New York City. With great pride, Fire Chief Windsor introduced Fire
Captain Beech, Fire Apparatus Engineer Buckley, and Fire Apparatus Engineer Juarez who
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each proceeded with sharing their experiences and poignant moments and clarified the function
of the Urban Research and Rescue Team.
On behalf of the City Council, Mayor Comerchero commended all the firemen on their heroic
efforts.
PUBLIC COMMENTS
There were no public comments.
CITY COUNCIL REPORTS
A. With this being the last official meeting prior to the November 6, 2001, election,
Councilman Stone extended his appreciation to City staff and the citizens. Noting that this
particular campaign has not been the cleanest of campaigns, Mr. Stone commented on the
irresponsible mail pieces sent out targeting Mayor Pro Tem Roberts, Mayor Comerchero, and
himself, advising that each of the incumbents has lead his campaign with dignity, respect, and
responsibitity and, therefore, will not resort to such negative tactics.
B. Advising that he has been contacted by residents of the Starlight Ridge area (Astroid
Way and Milky Way Drive) with regard to speeding and safety concerns, Councilman Naggar
requested that the matter be addressed by the Public/Traffic Safety Commission.
Commenting on the City's interview process for a State Lobbyist, Councilman Naggar
advised that the City is pursuing the hiring of a State Lobbyist in an effort to obtain grants, road
improvements/transportation funds, etc. as well as to retain the monies the City is currently
receiving from the State, addressing the following:
· Reduction in Vehicle License Fees
· Redistribution of Sales Tax Revenue
· Library Grant
In light of the September 11, 2001, tragedy, Mr. Naggar requested that the City review
its Military Compensation Pay and recommended, if necessary, that changes be made.
In closing, Mr. Naggar commended the Finance Department on its receipt of the National
and State Awards.
C. Providing information with regard to the redistribution of Sales Tax Revenue, Mayor
Comerchero relayed his concurrence with the City's efforts to hiring a State Lobbyist.
Mr. Comerchero also commented on the American Flag Auction, advising that to date
$300 have been raised and that the auction will end November 15, 2001.
Having attended the Susan G. Komen Race for the Cure event, Mayor Comemhero
commended those involved on another successful event.
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CONSENT CALENDAR
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the
agenda.
2 Minutes
RECOMMENDATION:
2.1 Approve the minutes of August 14, 2001;
2.2 Approve the minutes of August 28, 2001;
2.3 Approve the minutes of September 11,2001.
3 Resolution approvina List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 01-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
4 Authorization to execute the Sul3131emental A~lreement for the Fiscal Year 2001-02 -
Community Development Block Grant Funds
RECOMMENDATION:
4.1 Authorize the Mayor to execute the Supplemental Agreement for Fiscal Year 2001-
02 - Community Development Block Grant Funds.
5 Amendment to Fire Protect[on A(:lreement for Fiscal Year 2001-02
RECOMMENDATION:
5.1 Approve the amended Exhibit A to the Fire Protection Agreement for Fiscal Year
2001-02.
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6 Amendment to Professional Services Aqreement between the City of Temecula and Kelley
DisPlay, Inc. - City Banner Proqram
RECOMMENDATION:
6.1 Approve the amendment to the Professional Services Agreement with Kelley
Display, Inc. for an amount not to exceed $50,500.00 and authorize the Mayor to
execute the amendment.
7 Inland Empire Airports First
RECOMMENDATION:
7.1 Adopt a resolution entitled:
RESOLUTION NO. 01-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING THE NEED TO MEET REGIONAL
NEEDS FOR THE EXPANSION OF AVIATION FACILITIES
8 Acceptance of Median Landscape Bonds and Aqreement alonq Overland Drive - Parcel
Map No. 30208 (Bel Villaqqio Development)
RECOMMENDATION:
8.1 Accept the agreement and surety bonds from Bel Villaggio LLC to the landscaped
medians along Overland Drive west of Margarita Road in Parcel Map No. 30208.
9 Butterfield Staqe Road/CETAP Corridor- Resolution in Opposition
RECOMMENDATION:
9.1 Adopt a resolution entitled:
RESOLUTION NO. 01-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA FORMALLY OPPOSING CORRIDORS 5A AND 5B
OF THE COMMUNITY AND ENVIRONMENTAL
TRANSPORTATION ACCEPTABILITY PROCESS (CETAP) AS
IT RELATES TO BUTTERFIELD STAGE ROAD
(Pulled for separate discussion; see pages 7-8.)
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10 Authorize Temporary Street Closures for the first annual Antique and Craft Street Faire in
Old Town
RECOMMENDATION:
10.1 Adopt a resolution entitled:
RESOLUTION NO. 01-94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AUTHORIZING STREET
CLOSURES FOR THE FIRST ANNUAL ANTIQUE AND CRAFT
STREET FAIRE AND AUTHORIZING THE CITY ENGINEER TO
ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT
11 Acceptance of a Storm Drain Easement and Riaht-of-Wa¥ (located within Parcel No. 2 of
Parcel Map No. 28530-1)
RECOMMENDATION:
11.1 Adopt a resolution entitled:
RESOLUTION NO. 01-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING AN OFFER OF DEDICATION FOR A
STORM DRAIN EASEMENT AND RIGHT-OF-WAY WITHIN
PARCEL NO. 2 OF PARCEL MAP NO. 28530-1
12 Quitclaim a portion of a Storm Drain Easement (located within Parcel No. 2 of Parcel Map
No. 28530-1 )
RECOMMENDATION:
12.1 Adopt a resolution entitled:
RESOLUTION NO. 01-96
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING THE QUITCLAIM OF A PORTION
OF A STORM DRAIN EASEMENT TO THE UNDERLYING FEE
OWNER LOCATED WITHIN PARCEL NO. 2 OF PARCEL MAP
NO. 28530-1
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13 Tract Map No. 28850 Reimbursement Aqreement for Development Impact Fee (DIF) -
Richmond America Homes of Southern California
RECOMMENDATION:
13.1
Approve the Reimbursement Agreement for Development Impact Fee (DIF)
between the City of Temecula and Richmond American Homes of Southern
California for Tract No. 28850 in the amount of $57,822.77 and authorize the Mayor
to execute the agreement.
14 Solicitation of Construction Bids and Approval of the Plans and Specifications for Proiect No.
PW00-31 - Traffic Sianal and Delineation Modifications Winchester Road (State Route 79
North), Northbound 1-15 Ramps to Ynez Road
RECOMMENDATION:
14.1 Approve the Construction Plans and Specifications and authorize the Department of
Public Works to solicit bids for Project No. PW00-31 - Traffic Signal and Delineation
Modifications Winchester Road (State Route 79 North), northbound 1-15 ramps to
Ynez Road.
15 Award of Construction Contract for the Installation of a Temporary Traffic Siqnal on Pala
Road at Loma Linda Road - Proiect No. PW98-14
RECOMMENDATION:
15.1 Award a construction contract for the installation of a temporary traffic signal on Pala
Road at Loma Linda Road - Project No. PW98-14 - to DBX, Inc. in the amount of
$76,426.00 and authorize the Mayor to execute the contract;
15.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $7,642.60 which is equal to 10% of the contract amount.
16 Award of Construction Contract for the Installation of a Temporary Traffic Siqnal on Pala
Road at Wolf Valley Road - Proiect No. PW98-15
16.1 Award a construction contract for the installation of a temporary traffic signal on Pala
Road at Wolf Valley Road - Project No. PW98-15 - to DBX, Inc. in the amount of
$72,040.00 and authorize the Mayor to execute the contract;
16.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $7,204.00 which is equal to 10% of the contract amount.
17 Acceptance of Traffic Siqnal Improvements - Reimbursement Aqreement with MS Temecula
II, LLC
RECOMMENDATION:
17.1 Accept the Traffic Signal Improvements at Winchester and Diaz Roads as
completed, as installed by MS Temecula II, LLC;
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17.2 Authorize the Finance Director to reimburse $130,721.97 to MS Temecula II, LLC in
accordance with the terms and conditions of the Reimbursement Agreement for
installation of said signal improvements.
18 Aqreement with the County of Riverside reqardinq propertv located at the northeast corner
of Overland Trail and Redhawk Parkway
RECOMMENDATION:
18.1 Authorize the Mayor and/or City Manager to execute the agreement with the County
of Riverside regarding property located at the northeast corner of Overland Trail and
Redhawk Parkway.
(Pulled for separate discussion; see page 8.)
MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1 - 8 and 10
through 17(Item Nos. 9 and 18 were pulled for separate discussion; see pages 7-8). The
motion was seconded by Mayor Pro Tern Roberts and voice vote reflected unanimous approval.
Consent Calendar Items considered under sel3arate discussion
9
Butterfield Staqe Road/CETAP Corridor- Resolution in Opposition
RECOMMENDATION:
9.1 Adopt a resolution entitled:
RESOLUTION NO. 01-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA FORMALLY OPPOSING CORRIDORS 5A AND 5B
OF THE COMMUNITY AND ENVIRONMENTAL
TRANSPORTATION ACCEPTABILITY PROCESS (CETAP) AS
IT RELATES TO BUTTERFIELD STAGE ROAD
Public Works Director Hughes presented the staff report (of record), highlighting the following
significant points of the proposed resolution:
· City is declaring its opposition to either an expressway/freeway along routes 5A and 5B;
· City will use all remedies in the event a corridor were pursued along those routes.
Although wishing that the proposed resolution would have been presented for City Council
adoption sooner than today, Ms. Michelle Anderson, 43797 Barletta Street, thanked the Council
for taking a formal opposition to routes 5A and 5B; requested that a four-way stop at Jerez Lane
and Butterfield Stage Road be installed as well painted crosswalks, school crossing signs, and
truck tonnage to ensure a safe route for the school children. Mr. Naggar requested that Ms.
Anderson's suggestions be forwarded to the Public Traffic Safety Commission for review.
Public Works Director Hughes informed the public that the City had provided direction to the
County in November of 2000 with regard to its opposition to a freeway corridor.
MOTION: Mayor Pro Tern Roberts moved to adopt Resolution No. 01-93. The motion was
seconded by Councilman Stone and voice vote reflected unanimous approval.
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18
Aqreement with the County of Riverside reqardinq property located at the northeast
corner of Overland Trail and Redhawk Parkway
RECOMMENDATION:
18.1
Authorize the Mayor and/or City Manager to execute the agreement with the
County of Riverside regarding property located at the northeast corner of
Overland Trail and Redhawk Parkway.
Assistant City Manager O'Grady informed the City Council that the County Board of Supervisors
has approved, in concept, a lease agreement with the City of Temecula which would provide
the land necessary to construct the interim Fire Station; that supplies have been ordered; that
fire fighters are trained and ready to begin service; and requested that the City Council approve,
in concept, the lease agreement as provided by dqe Riverside County and authorize staff and
the City Attorney to finalize language with County Counsel and staff and authorize the Mayor
and/or City Manager to execute the documents.
For Councilman Stone, Assistant City Manager O'Grady advised that the interim fire station
should be functioning by the end of November.
Mayor Pro Tem Roberts also thanked Supervisor Buster for his efforts associated with this
matter.
For Councilman Naggar, information was provided with regard to the ownership of the property
of discussion with City Manager Nelson noting that it was staff's opinion that the property of
discussion should have been included as part of the annexation; that the proposed lease
agreement includes a caveat that once the ultimate park site has been constructed, the County
would convey the property to the City; and that the City would expend no monies on the
permanent improvements until resolution with regard to ownership of the property,
For Councilman Naggar, City Manager Nelson noted that both the City and the County have the
same intent to ultimately develop the property of discussion as a park site.
Mayor Pro Tern Roberts provided additional clarification with regard to ownership and
commented on efforts necessary to transfer the property to the City.
Mayor Comerchero as well thanked Supervisor Buster and his Chief of Staff for their efforts
associated with ensuring the construction of the interim fire station; noted that the land of
discussion is public land; and that as public land, no matter who owns the property of
discussion, the intent of an interim fire station and ultimately as a park site will not change.
MOTION: Councilman Naggar moved to direct the City Manager and/or the Mayor to proceed
with establishing a lease agreement with the County based on the deal points identified within
the staff report with the additional provision that the City will not expend City funds for the
permanent park site until such time the appropriate issues have been fully resolved between the
County and the City. The motion was seconded by Mayor Pro Tem Roberts and voice vote
reflected unanimous approval.
At 8:06 P. M., Mayor Comerchero called a recess and at 8:17 P.M., the City Council convened
as the Temecula Community Services District, the Temecula Redevelopment Agency, and the
Industrial Development Authority and resumed at 8:19 P.M. with regularly scheduled City
Council business.
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COUNCIL BUSINESS
19 Appointment of Members to the General Plan Community Advisory Committee
(continued from the October 9, 2001, City Council meeting)
RECOMMENDATION:
19.1 Appoint the remaining members of the General Plan Community Advisory
Committee.
Deputy City Manager Thornhill reviewed the staff report (of record), advising that staff is
requesting that Councilman Stone make his City resident appointment and that the City Council
make its determination as to the one representative of a local environmental or community
organization.
Councilman Stone appointed Mr. Bob Ritchie a Vail Ranch resident.
MOTION: Mayor Pro Tem Roberts appointed Dr. Bob Wheeler as the one representative of a
local environmental or community organization. The motion was seconded by Councilman
Stone. (Voice vote ultimately reflected approval of the motion; see page below.)
Relaying his opposition to the SMART Growth concept and commenting on Dr. Wheeler's
support of this concept, Councilman Naggar questioned Dr. Wheeler's ability to objectively view
this matter and as well noted that Dr. Wheeler is the treasurer of a political action committee in
support of the incumbents and, therefore, relayed his opposition to the appointment of Dr.
Wheeler.
Although not having always supported Dr. Wheeler's comments, Councilman Stone stated that
he is a well-educated and respected environmentalist in the Valley, noting that one's political
affiliation should not be viewed as a criteria for the appointment.
Although viewing Dr. Wheeler as competent in his field, Councilman Pratt noted that someone
of a younger generation should represent the future.
At this time, voice vote on the previously made motion reflected approval of the motion
with the excel~tion of Councilmembers Naggar and Pratt who voted n._~o.
20 Consideration of Harveston Ballot Initiative
(At the request of Councilman Naggar)
RECOMMENDATION:
20.1 Provide direction to staff.
Since the City Council's Closed Session action on October 9, 2001, Councilman Naggar
advised that Lennar has expressed a desire to place the Harveston project on the March ballot;
relayed that Mr. Pedersen's primary concern was to place the matter on the ballot; noted that
Lennar has questions which should be addressed by staff; that the matter should then be
evaluated prior to deciding to proceed with the Declaratory Relief Action; and requested that the
City Council direct staff to work with Lennar representatives and Mr. Pedersen.
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In response to Councilman Stone, it was noted that no Lennar representative was present at the
meeting and, therefore, Mr. Stone suggested that the matter be continued for two weeks at
which time, a Lennar representative should be present to relay Lennar's desire.
Mr. Chris Pedersen informed the public that he is being sued by the City of Temecula for
allegedly circulating a petition, noting that he had not circulated the petition and that the City has
no evidence that he had circulated this petition; advised that Lennar has expressed no intent to
file litigation; that Lennar has expressed no problem with placing the Harveston project on the
March baltot; that by filing a Declaratory Relief Action, it was the City's intent to expedite the
process to ensure the matter be placed on the March ballot, noting that such timeframe would
not be feasible through this action; and that the City should have followed the same process as
it did with the Wolf Creek project.
Based on the recommendation of the City Attorney, Councilman Stone advised that the City
choose to proceed as recommended in order to ensure the matter could be placed on the March
ballot.
Assistant City Attorney Curley provided additional clarification with regard to the Declaratory
Relief Action, advising that signatures have been forwarded to the Registrar of Voters for
validation and that the City Attorney's Office is proceeding in order to ensure the matter may be
placed on the March ballot.
For Councilman Naggar, Assistant City Attorney Curley advised that the City brought forth the
suit to clarify the validity of the documents submitted and that if all padies that hold stake in this
matter were to acquiesce to a stipulated conclusion that everything is appropriate, the City
Council may conclude that pursuit of litigation would be meaningless.
In order to ensure all questions are properly addressed, Councilman Naggar requested that City
staff cooperate with Mr. Pedersen and Lennar representatives, noting that both parties had
expressed a desire to not litigate.
Councilman Stone voiced no objection to the City Attorney/City staff meeting with Lennar
representatives but in light of there being no representation this evening, Mr. Stone
recommended that the matter be continued for two weeks. It was the consensus of the City
Council to concur with a continuance to the November 13, 2001, City Council meeting.
Having talked with Lennar representatives, Mayor Comerchero noted that a 30-day continuance
has been requested.
Councilman Naggar relayed his opposition to the City suing a resident who claims that he did
not circulate the petitions.
In response to Mayor Pro Tern Roberts, Assistant City Attorney Curley noted that the City
Council would have to take final action by December 6, 2001, to ensure the matter may be
placed on the March ballot.
In response to City Manager Nelson's request, the City Council authorized staff to begin
discussion with Lennar representatives and Mr. Bieri as it relates to this issue to assess all legal
issues and its relation to the Declaratory Relief Action which will be transmitted to the City
Council.
DEPARTMENTAL REPORTS
No additional comments.
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CiTY MANAGER'S REPORT
No comment.
CITY A'I-FORNEY'S REPORT
No comments.
ADJOURNMENT
At 8:43 P.M., the City Council meeting was formally adjourned to Tuesday, November 13, 2001,
at 7:00 P.M., in the City Council Chambers, 43200 Business Park California.
A'FI'EST:
ef~ Comerchero, Mayor
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