HomeMy WebLinkAbout100901 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
OCTOBER 9, 2001
The City Council convened in Open Session at 7:00 P.M., on Tuesday, October 9, 2001, in
the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula,
California.
Present:
Councilmembers: Naggar, Pratt, Roberts, Stone, Comemhero
Absent: Coun¢ilmember: None
PRELUDE MUSIC
The prelude music was provided by Joanne Algier.
INVOCATION
The invocation was given by Mr. Phil Oberhansley.
ALLEGIANCE
The salute to the Flag was led by Troop No. 911.
PRESENTATIONS/PROCLAMATIONS
Excellence in Transportation Award of Overland Drive Overcrossinq
Ms. Anne Mayer, District Director for the California Department of Transportation, presented to
the City the 2001 Excellence in Transportation Award for the Overland Drive Overcrossing
project (category of major structures), advising that the City had competed in a State-wide
competition. Ms. Mayer as well presented Certificates to the following staff members
associated with the completion of this project: Bill Hughes, Greg Butler, Steve Beswick, Mike
Hudson, and Mike Wolfe.
Introduction of County Supervisor Jim Venable (Third District/
Introducing himself and his staff to the City Council and attending public, Supervisor Venable
advised that he and his staff will primarily be serving the District through the Hemet and French
Valley facilities.
Welcoming Supervisor Venable, Councilman Stone requested his assistance with the resolution
of obtaining free and clear title of certain property (which was to be a portion of the annexed Vail
Ranch area), noting that the property of discussion was to used for the use of the interim fire
station.
Certificate of Achievement to Jessica Garnett of the Case Batbusters
Commending Ms. Garnett on her athletic achievements, Mayor Comerchero presented the
Certificate of Achievement.
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Presentation of City/County Marketincl First Place Award for the City of Temecula Tourism
Brochure
Commending and thanking graphic designer Anne Howell of FFF Enterprises and City
Marketing Coordinator Wolnick on their associated efforts and inspiration, Assistant City
Manager O'Grady informed the City Council and public that the City's Tourism Newsletter had
received first place award winner in the Best Publication/Calendars/Guides category.
Boys and Girls Club Presentation
Presenting to Mayor Comerchero a plaque of appreciation, Mr. Terry Gilmore and Ms. Michelle
Arijan, President of the Boys and Girls Club, extended appreciation to Mayor Comerchero for
his assistance in addressing a transportation need for the Club, advising that because of his
efforts, RTA provided a 17-passenger van with a lift to the Club.
Fire Prevention Week Proclamation
City Fire Chief Windsor apprised the public of upcoming fire safety activities in honor of Fire
Prevention Week and commented on the importance of fire safety.
PUBLIC COMMENTS
A. Sharing her memories of times of City incorporation, Ms. Peg Moore, 43557 Savona
Street, relayed her delight with being once again a City of Temecula resident and commended
the City on a job well done with regard to the Overland Drive Overcrossing project as well as
other infrastructure projects.
B. Referencing City traffic problems of 1986, Mr. Jimmy Moore, 43557 Savona Street,
noted that those problems were insurmountable compared to today's traffic issues. Mr. Moore
encouraged the City Council to solve problems by meeting the challenges versus stopping
growth, commenting on the need for varied housing.
C. On behalf of the Temecula Valley Chamber of Commerce, Ms. Tomi Arbogast, 27450
Ynez Road, encouraged the residents to vote in the upcoming November 6, 2001, election and
invited the public to participate in a Candidates' Forum on Wednesday, October 10, 2001, 6:00
P.M. to 8:00 P.M., at City Hall, noting that the forum would be televised and reaired on Saturday
at 10:00 A.M.
D. In light of the September 11,2001, tragedy, Ms. May Lorah, 35555 Monte De Crc,
thanked Mr. David Lowry for hosting the upcoming Celebrate the Spirit event and thanked the
City for permitting Mr. Lowry to host such a wonderful event.
E. Ms. Melody Brunsting, representing the Theatre Foundation, invited the citizens to the
Celebrate the Spirit of Temecula event on Sunday, October 14, 2001, at the Sports Park, 1:00
P.M. to 6:00 P.M., advising that the event will be hosted by a non-profit organization and that it
will be patriotic in theme.
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CITY COUNCIL REPORTS
A. Having attended the National League of Cities Transportation Steering Committee
meeting, Mayor Pro Tern Roberts informed the City Council that this committee has been tasked
with drafting policy on airport/airplane safety, which is to be forwarded to the National League of
Cities, Congress, and the President, noting that a general policy was drafted requesting
immediate changes.
By way of overheads, Mayor Pro Tern Roberts commented on discussions, at a recent
CETAP Committee meeting, with regard to downgrading service levels C with D in community
development areas at intersections of any combinations, noting that the County has backed off
from this action.
B. Councilman Stone applauded and extended appreciation to Ms. Lorah for her positive
comments.
With regard to the City's Stop Light Abuse Program, Councilman Stone noted that he
has been receiving citizen calls, noting that the abuses are again on the rise especially at the
intersections of Margarita and Winchester Roads, Rancho California Road and Old Town Front
Street, and Rancho California Road and Ynez Road. With the concurrence of the City Council,
Mr. Stone requested that enforcement be immediately increased.
In light of the September 11, 2001, tragedy, Councilman Stone requested that a
representative from the San Onofre Nuclear Power Plant brief staff/citizens on how to protect
oneself in the event of an emergency at that particular facility.
C, Concurring with Councilman Stone's request with regard to additional enforcement at
specific intersections as it relates to light abuses, Councilman Naggar suggested that the good
driver portion of the program be suspended in order to step up the enforcement issue.
D. With regard to Councilman Stone's comment relative to the San Onofre Power Plant,
Mayor Pro Tem Roberts suggested that the City obtain a copy of the Highway Patrol Evacuation
Manual.
CONSENT CALENDAR
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.
Minutes
RECOMMENDATION:
2.1 Approve the minutes of July 24, 2001;
2.2 Approve the minutes of August' 14, 2001 (RCIP Workshop).
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3 Resolution approvina List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO, 01-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
4 Citv Treasurer's Report as of Auaust 31,2001
RECOMMENDATION:
4.1 Receive and file the City Treasurer's Report as of August 31, 2001.
5 First Amendment to Professional Contract for Buildinq Inspection Staff
RECOMMENDATION:
5.1 Approve a First Amendment to the Professional Services Agreement with P & D
Consultants amending Exhibit B (Hourly Compensation Rate Schedule).
6 Approval of the Urban Recreational and Cultural Centers, Museums, and Facilities for
Wildlife Education or Environmental Education Proaram Grant Application for the
Imaaination Workshop - The Temecula Children's Museum
RECOMMENDATION:
6.1 Adopt a resolution entitled:
RESOLUTION NO, 01-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE APPLICATION FOR GRANT
FUNDS FOR URBAN RECREATIONAL AND CULTURAL
CENTERS, MUSEUMS, AND FACILITIES FOR WILDLIFE
EDUCATION OR ENVIRONMENTAL EDUCATION PROGRAM
UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER,
CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF
2000
7 Award of Contract for P.C. Workstations
RECOMMENDATION:
7.1 Award e contract for Pentium based computer workstations to Tech 101 - Arcus,
Inc. of Irvine, California, in the amount of $44,618.25;
7.2 Appropriate $5,500 from Development Impact Fees - Corporate Facilities.
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8 Purchase of City Vehicle
RECOMMENDATION:
8.1 Approve the purchase of one 2001 Ford Ranger, four door, from Rancho Ford
Lincoln Mercury for $26,873.01.
9 Approval of Development Impact Fee Reimbursement Aareement with Temeka Advertisinq
(42380 Zevo Drive)
RECOMMENDATION:
9.1 Approve Development Impact Fee Reimbursement Agreement between the City of
Temecula and Temeka Advertising providing for the reimbursement of $10,400 of
Development Impact Fees.
10 Professional Services Aqreement - Berrvman & Heniqar- Pavement Manaaement Update - FY2001-2006 - Proiect No. PW 01-22 (RFP No. 98)
RECOMMENDATION:
10.1 Approve an agreement with Berryman & Henigar in an amount not to exceed
$48,578.00 to provide the necessary design services needed to prepare the update
of the Pavement Management Program - FY 2001-2006 - Project No. PW 01-22
and authorize the Mayor to execute the agreement;
10.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $4,857.80 which is equal to 10% of the agreement amount.
11 Parcel Map No. 29864 (located on the southwest corner of State Route 79 South and
Butterfield Staae Road)
RECOMMENDATION:
11.1 Approve Parcel Map No. 29864 in conformance with the conditions of approval;
11.2 Approve the Subdivision Monument Agreement and accept the Monument Bond as
security for the agreement.
12 Authorize Temporary Partial Street Closures for Race for the Cure Event on October 21,
2001, in the Promenade Mall area (Maraarita Road, Solana Way, Ynez Road, and
Overland Drive)
RECOMMENDATION:
12.1 Adopt a resolution entitled:
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RESOLUTION NO. 01-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AUTHORIZING PARTIAL STREET
CLOSURES FOR INLAND EMPIRE RACE FOR THE CURE
EVENT ON OCTOBER 21, 2001, AND AUTHORIZING THE CITY
ENGINEER TO ISSUE PERMITS FOR THIS SPECIFIC SPECIAL
EVENT
13 Award of Construction Contract for the Site Gradinq & Pavinq of the Vail Ranch Interim Fire
Station - Proiect No. PW01-21
RECOMMENDATION:
13.1 Award a contract for the Vail Ranch interim Fire Station - Site Grading & Paving -
Project No. PW01-21 to McLaughlin Engineering & Mining for a base amount of
$82,000.00 and authorize the City Manager to execute the contract;
13.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $8,200.00 which is equal to 10% of the contract amount.
(Amended to approve contingent upon receipt of appropriate legal access to the
property.)
14 Second Readinq of Ordinance No. 01-14 (Amendinq the Temecula Municipal Code)
RECOMMENDATION:
14.1 Adopt an ordinance entitled:
ORDINANCE NO. 01-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTERS 8 AND 17 OF THE
TEMECULA MUNICIPAL CODE TO MAKE MINOR CHANGES
TO THE DEVELOPMENT CODE (PLANNING APPLICATION
NO. 01-0129
MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1 - 14 (Item No.
13 amended; see above). The motion was seconded by Councilman Pratt and voice vote
reflected unanimous approval.
At 7:45 P. M., the City Council convened as the Temecula Community Services District and the
Temecula Redevelopment Agency and resumed at 7:46 P.M. with regularly scheduled City
Council business.
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COUNCIL BUSINESS
15 Inland Empire Airports First
RECOMMENDATION:
15.1 Provide direction to staff on taking a formal position of support for the development
of March Airport and other Inland Empire Airports.
Senior Management Analyst Adams introduced Mr. Aaron of Harley-Knox and Associates who
by way of a PowerPoint presentation provided an overview of the matter of discussion,
commenting on the following:
· Goal to redevelop March Air Force Base in to a commercial airport, focusing on air cargo
· Needs to accomplish this goal
· Lack of air freight throughout the Inland Empire
· Advantages/pressures
· Opposition to the LAX expansion or the development of an El Toro Airport until a full-
range of Inland Empire passenger and air cargo flights are available
· Primary focus for March Air Force Base would be air cargo with full passenger services
within 10 to 20 years
· LAX expansion will require extensive infrastructure improvements ($20 billion) on
freeways and auxiliary roadways, expressing concern with funding and its impacts on
the Inland Empire
MOTION: Councilman Naggar moved to direct staff to prepare a resolution of support for the
development of the March Air Force Base Airport as well as other Inland Empire Airports. The
motion was seconded by Councilman Stone and voice vote reflected unanimous approval.
16 Appointment of Members to the General Plan Community Advisorv Committee
(continued from the September 25, 2001, City Council meeting)
RECOMMENDATION:
16.1 Appoint the remaining members of the General Plan Community Advisory
Committee.
Councilman Stone requested that this matter be continued to the October 23, 2001, City Council
meeting.
MOTION: Councilman Naggar moved to approve Councilman Stone's request. The motion
was seconded by Mayor Pro Tern Roberts and voice vote reflected unanimous approval.
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17 Disaster Relief for the American Red Cross
(requested by Councilman Stone)
RECOMMENDATION:
17.1 Provide direction to staff regarding a $25,000 donation to the American Red Cross
to assist with the disaster relief effort for the victims of September 11,2001.
Councilman Stone provided an overview of his request to donate $25,000 to the American Red
Cross with City Manager Nelson advising that the monies would be allocated through Community
Service Funding.
In response to Councilman Naggar, Mr. Wayne Hall, representing the American Red Cross,
ensured the City Council that 100% of allocated funds would be designated toward the September
11, 2001, disaster.
Advising that Congressman Issa has presented to the City a United States flag which was flown
over the United States Capital on September 19, 2001, Councilman Stone informed the public that
this flag will be put out for public bid (October 15 - November 15, 2001) and that all funds will be
forwarded to the American Red Cross by way of United Way.
MOTION: Councilman Stone moved to allocate $25,000 to the American Red Cross with 100% of
the funds to be designated toward the September 11, 2001, disaster. The motion was seconded by
Councilman Naggar and voice vote reflected unanimous approval.
CITY MANAGER'S REPORT
City Manager Nelson apprised the public of the upcoming Make-a-Difference-Day, Saturday,
October 13, 2001, noting that volunteers are welcomed, as well as the upcoming Community
Clean-up and Hazardous Household Waste Round-up Day, Temecula Valley High School,
Saturday, October 13, 2001,8:00 A.M. to 2:00 P.M.
CITY ATTORNEY'S REPORT
With respect to one potential litigation item and one existing litigation item, City Attorney
Thorson advised that the City Council gave direction with regard to those matters. With respect
to a third item, the City Council authorized the following explanation of the action taken:
that on Wednesday, September 26, 2001, the City Clerk had received signed
referendum petitions forms requesting that the Ordinance approving the
Development Agreement with Lennar Communities and Winchester Hills,
LLC, be rescinded or submitted to the voters of Temecula;
that this petition bears many similarities to the petition associated with the
Wolf Creek development;
that given the nature of the Harveston petition, it is probable that any action
taken by the City Clerk in ruling on the Harveston petition would prompt a
legal challenge by one or another of the parties;
that it is important that the courts quickly consider this issue in order to
provide a timely resolution of this issue; that if the petitions were found to be
valid, the voters of Temecula could vote on this issue in March of 2002, as
part of the already scheduled election; that, therefore, the City Council has
directed the City Attorney to initiate a Declaratory Relief Action to determine
the validity of the petitions;
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that the 3-2 vote was a follows: Councilman Stone, Mayor Pro Tem Roberts,
and Mayor Comerchero in support and Councilman Naggar and Councilman
Pratt in opposition;
that as with the Wolf Creek petition, the City Clerk would immediately forward
the Harveston petitions to the Registrar of Voters for verification of signatures
so that the verification process and legal actions could proceed at the same
time.
Considering the nature of this item, Mayor Comerchero stated that it was determined to release
this information to the public and, therefore, offered each City Councilmember the opportunity to
comment on the matter.
Vehemently opposing the action being taken by the City, Councilman Naggar questioned its
legality; noted that it circumvents due process; stated that there is no provision in the Elections
Code that would permit such action; that there is a presumption being made that the submitted
petitions are invalid; that the decision should be made by the Election Official/City Clerk; that by
approving such action, the City will be suing its own citizens who are proponents of the
referendum; and that the City Clerk should make a decision to reject or accept the petitions.
Supporting Councilman Naggar's comments, Councilman Pratt commented on his support of
term limits and setting a cap on capital spending prior to the approval of any additional
construction permits/subdivisions/Specific Plans.
Being of the opinion that the City will be sued whether the City Clerk determines the petitions to
be valid or invalid, Councilman Stone advised that the City Council has decided to expedite the
process in order to give the citizens the opportunity to vote on the matter in the March 2002
election; that by turning it over to the Courts at this time, the City will be able to meet the
necessary deadlines to ensure a March 2002 election and, thereby, saving over $40,000 by not
having to call a special election.
Concurring with Councilman Stone's comments and trusting the opinion of the City Attorney,
Mayor Pro Tern Roberts spoke in support of obtaining a court ruling as quickly as possible.
Respecting the rights of the voters and wanting to expedite the matter to ensure the voters'
ability to vote on the matter in March of 2002 if the judge were to rule the petitions were valid
and in order to minimize cost, Mayor Comerchero noted that the City Council's action would be
within the framework of the law.
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ADJOURNMENT
At 8:24 P.M., the City Council meeting was formally adjourned to Tuesday, October 23, 2001, at
7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California·
Jeff Comerchero, Mayor
ATTEST:
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