Loading...
HomeMy WebLinkAbout082702 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL AUGUST 27, 2002 After the Closed Session that convened at 5:30 P.M., the City Council convened in Open Session at 7:00 P.M., on Tuesday, August 27, 2002, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Absent: PRELUDE MUSIC Councilmembers: Comerchero, Naggar, Pratt, Stone, Roberts Councilmember: None The prelude music was provided by Sarah Cravens. INVOCATION The invocation was given by Pastor Chuck Perry of Calvary Chapel of Temecula. ALLEGIANCE The flag ceremony was presented by Councilman Comerchero. PRESENTATIONS/PROCLAMATIONS Award of Valor to Gloria Dixon and Lisa Jensen Awards of Valor were presented to Gloria Dixon, Lisa Jensen, and Forrest Turner by Mayor Roberts. Appreciating the recognition, Ms. Dixon commended the City on the emergency services it provides its residents. Certificates of Achievement to the Temecula-Murrieta Soccer Club for attaininq the State Championship Mayor Roberts presented Certificates of Achievement to those soccer players present and advised that for those not present, the certificates would be forwarded. PUBLIC COMMENTS A. Mr. Thomas Stultz, 32076 Corte Soledad, apprised the City Council of a health and safety concern with regard to individuals crossing Murrieta Creek and requested that the existing chain link fence on the north side of the Chaparral building be extended. Mayor Roberts noted that the Police Department and the Public Works Department would follow up on his concern. B. Mr. Will Rodgers, 32124 Corte Carmona, addressed the Municipal Utility issue. R:\Minutes\082702 1 CITY COUNCIL REPORTS A. Councilman Naggar encouraged the public to join or start a Neighborhood Watch Program and requested that the Public Traffic Safety Commission evaluate the potential of overseeing and expanding the program. B. In order for the residents to be a part of the traffic solution, Councilman Pratt encouraged the residents to share the ride, to obey the traffic laws, and to support public transit. C. In remembrance of the tragic events of September 11,2001, Mayor Roberts informed the public that the City will be holding a remembrance ceremony at the Duck Pond, at 6:30 P.M.; that at the ceremony, a statue (entitled Singing in the Rain) that has been dedicated by the City's Sister City, Leidschendam-Voorburg, will be unveiled; and that Leidsehendam- Voorburg constituents will be in attendance. D. Commenting on the importance of CPR training, Mayor Pro Tem Stone encouraged those individuals interested to be trained to contact the Fire Department for more information. E. Desirous of expanding the Neighborhood Watch Program, Councilman Comerchero commented on the difficulties of individuals volunteering for a leadership position and suggested that information with regard to this program be posted on the City's Website. 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 Approval of Minutes RECOMMENDATION: 2.1 Approve the minutes of July 9, 2002; 2.2 Approve the minutes of July 17, 2002. 3 Resolution Approvinq List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO, 02-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A R:\Minutes\082702 2 4 Appropriation of Local Law Enforcement Block Grant (LLEBG) Funds RECOMMENDATION: 4.1 Approve expenditure of Local Law Enforcement Block Grant Funds and local match funds in the amount of $143,329.00 for the purchase of police equipment. 5 Support of Chanqes to California Meqan's law RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 02-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING CHANGES TO MEGAN'S LAW TO ALLOW FOR GREATER PUBLIC INFORMATION ABOUT REGISTERED SEX OFFENDERS TO BE MADE AVAILABLE TO THE RESIDENTS OF CALIFORNIA IN A MANNER CONSISTENT WITH THE GUIDELINES OF THE STATES OF ARIZONA AND TEXAS (Pulled for separate discussion; see pages 4-5.) 6 License A.qreement for the S.A.F.E. Proqram RECOMMENDATION: 6.1 Approve the License Agreement between the City of Temecula and S.A.F.E. Program for use of office space at the Temecula Community Center. 7 Award of Construction Contract for the Cit,/wide Asphalt Concrete Repairs for FY2002-2003 - Project No. PW02-04 RECOMMENDATION: 7.1 Award a construction contract fo~ the Citywide Asphalt Concrete Repairs for FY2002-2003 to Ail American Asphalt in the amount of $169,169.00 and authorize the Mayor to execute the contract; 7.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $16,916.90 which is equal to 10% of the contract amount. 8 Parcel Map No. 30504 (located north of State Hiqhway 79 South, west of Meadows Parkway, and south of Campanula Way) RECOMMENDATION: 8.1 Approve Parcel Map No. 30504 in conformance with the conditions of approval. R:\Minutes\082702 3 9 Riqht-of-Way Easement for corner cutback at the southeast corner of the intersection of Puiol Street and Sixth Street RECOMMENDATION: 9.1 Accept the corner cutback area at the southeast corner of the intersection of Pujol Street and Sixth Street as described in Exhibit A and shown in Exhibit B. 10 Acquisition A.qreement between the City of Temecula and Swedish American Corporation RECOMMENDATION: 10.1 Approve and execute in substantially the form attached hereto, the Purchase and Sale Agreement and Escrow Instructions between the City of Temecula and Swedish American Corporation, a Nevada Corporation, for the acquisition of certain real property in the amount of $58,908.00; 10.2 Direct the City Clerk to record the document; 10.3 Adopt a resolution entitled: RESOLUTION NO. 02-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN OR EASEMENT UPON REAL ESTATE AS PERMITI'ED BY GOVERNMENT CODE SECTION 27281 MOTION: Mayor Pro Tem Stone moved to approve Consent Calendar item Nos. 1 - 4 and 6 - 10 (Item No. 5 was pulled for separate discussion; see pages 4-5.) The motion was seconded by Councilman Naggar and voice vote reflected unanimous approval. CONSENT CALENDAR ITEM NO. 5 PULLED FOR SEPARATE DISCUSSION 5. Support of Chanqes to California Meqan's Law RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 02-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING CHANGES TO MEGAN'S LAW TO ALLOW FOR GREATER PUBLIC INFORMATION ABOUT REGISTERED SEX OFFENDERS TO BE MADE AVAILABLE TO THE RESIDENTS OF CALIFORNIA IN A MANNER CONSISTENT WITH THE GUIDELINES OF THE STATES OF ARIZONA AND TEXAS Reiterating his previously made comments, Mr. Rick Reiss, 43602 Modena Drive, relayed his desires to change State law to ensure easier public access with regard to sex offenders; advised that other States provide on-line access to such information; noted that he has sent R:\Minutes\082702 4 information with regard to his desires to Assemblyman Hollingsworth; and requested that when the County database is made available to the public at the Old Town Storefront Police Station, that extended hours be provided (weekends/evenings). Councilman Naggar echoed Mr. Reiss' request for extended hours to ensure accessibility of the information to the City's commuters. If the proposed resolution were adopted, City Manager Nelson noted that it would be presented to the Western Riverside Council of Governments as well as the local State legislators and the League of California Cities. Serving on the Public Safety Policing Committee of the League of California Cities, Mayor Roberts noted that he would present the resolution at the next meeting, Serving on the Executive Committee of the Western Riverside Council of Governments, Councilman Comerchero as well noted that he would present the resolution at the next meeting. MOTION: Councilman Comerchero moved to adopt the resolution. The motion was seconded by Mayor Pro Tem Stone and voice vote reflected unanimous approval. At 7:31 P M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency and the City Council Meeting resumed will regular business at 7:33 P.M. PUBLIC HEARING 11 Planning Application No. 99-0451 (General Plan Amendment from Open Space to Hiqhway Tourist Commercial} RECOMMENDATION: 11.1 Approve the General Plan Amendment changing the land use designation from Open Space to Highway Tourist Commercial; 11.2 Adopt a resolution entitled: RESOLUTION NO. 02-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE AMENDMENT OF THE GENERAL PLAN LAND USE MAP FOR A LOCATION ON RANCHO HIGHLANDS DRIVE, IDENTIFIED AS ASSESSOR'S PARCEL MAP NO. 944-330-019 (PLANNING APPLICATION NO. 99-0451) Supplemental Material (of record) was submitted to the City Council, as per City Attorney Thorson, reflecting the amendment to Section 3 of the proposed resolution. Reviewing the staff report (of record), Planning Director Ubnoske noted the following: That staff initiated the General Plan Amendment That a park and ride would cost approximately $5,000 to $8,000 per parking space, dependent on lighting and landscaping R:\Minutes\082702 5 · That there are no plans to locate a park and ride site at this particular area but that a proposed site, which would accommodate 100-120 parking spaces, has been designated on SR 79 South · That the property of discussion ir~cludes'l.4 acres · That owner of the property has been paying commercial assessments · That the language in the Specific Plan refers to an alternative transportation plan which may be a park and ride site or a contribution; that the language of the Plan as it relates to responsibility and timing mechanism is vague · That the condition for a park and ride was in the Specific Plan; that the County allowed the map to be recorded; that once the map was recorded, it was difficult to determine a prorated charge of the responsibility for the park and ride site; that the responsibility now appears to fall on this one particular property owner; that the responsibility should fall on the entire development. In response to Mayor Pro Tern Stone, Councilman Naggar commented on how the Council/Commission Subcommittee derived at the mitigation fee of $15,000, noting the following: · That the County-approved Specific Plan reflected a park and ride site but that no provisions were put in place for site; that the Specific Plan was built prior to City incorporation · That the owner of the property will be the last owner to develop his property in the Specific Plan · That the owner has been paying assessments for commercial property not open space · That the General Plan Amendment would bring the Specific Plan into conformance with the City's General Plan. Councilman Naggar noted that, in his opinion, the other property owners in the Specific Plan should bear the cost of constructing a park and ride site. In response to Mayor Pro Tem Stone, City Attorney Thorson noted that current zoning on the property is unclear and, therefore, he would recommend to proceed with the suggested action. If the City were to amend the entitlements of the property, which would, in turn, enrich the value of the property, Mayor Pro Tern Stone noted that the City must ensure that the citizens receive their share in way of public transportation (park and ride site) and that more than $15,000 in mitigation fees would be necessary. At this time, Mayor Roberts opened the public hearing. Mr. Anthony Polo, P.O. Box 2497, Temecula, representing the owner of the property of discussion, stated the following: · That the current owner had bought the property in 1998 · That the owner had received a letter from the Planning Department indicating that the property of discussion was zoned for a hotel · That the owner has been paying commercial assessments · That the amendment was initiated by staff and not the property owner. City Attorney Thorson advised that staff had made a decision, based on the ambiguities in the General Plan, that the property of discussion is commercial property. R:\Minutes\082702 6 Deputy City Manager Thornhill provided additional information as to the zoning of this particular parcel. Mr. Polo advised that the owner has voiced no objection to paying the requested mitigation fee of $15,000 for the park and ride site and is aware that most of the existing properties did not contribute to the park and ride site. At this time, Mayor Roberts closed the public hearing. Councilman Pratt noted that the property of discussion is very visible from the freeway and would, therefore, suggest an icon, advertising the City of Temecula. Reiterating that the County had not efficiently developed the Specific Plan, Councilman Comemhero noted that it would not be fair that the owner of this 1.4 acre parcel be left with the responsibility to bear the expense to construct a park and ride site - a requirement that was originally imposed on the entire 85-acre Specific Plan. Mr. Comerchero commended the Subcommittee on resolving a difficult situation. Because of the ambiguities in the General Plan, Mayor Pro Tern Stone noted that owner should not be penalized and relayed his support of the Subcommittee's recommendation. MOTION: Councilman Comerchero moved to support staff's recommendation. The motion was seconded by Councilman Naggar and voice vote reflected unanimous approval. COUNCIL BUSINESS 12 Update on research related to formation of Municipal Utility RECOMMENDATION: 12.1 Receive and file this background report. The Electricai Subcommittee members (Councilmembers Naggar & Comerchero) will provide their perspective and recommendations on this information. Councilman Naggar provided an overview of the efforts undertaken, by the Electrical Subcommittee (comprised of Councilman Comerchero and Councilman Naggar), to explore the City's feasibility to form a Municipal Utility, noting the following: · That such a formation would not include a power generation station/transmission lines; that it would relate to distribution only · That the Subcommittee is entertaining/evaluating the implementation of a public utility for new construction and new industrial/commercial · That the distribution of electricity would provide revenue to the City · That a number of cities are preserving its rights to form a Municipal Utility by creating a Municipal Utility shell. Concurring with Councilman Naggar's comments, Councilman Comemhero confirmed that the Subcommittee is in the exploration stages of this process and noted his concurrence with the formation of a Municipal Utility shell which may be accomplished at no cost and no commitment by the City. R:\Minutes\082702 7 Mr. Robert Lopez, representing Southern California Edison (SCE), 26100 Menifee Road, Romoland, thanked staff for its continued communication with regard to this issue; encouraged the City Council to seek an individual third party to review the study/evaluation of forming a Municipal Utility; and advised that SCE rates are expected to substantially decrease by the end of 2003 because of the collection of debt incurred during the years of 2000/01. In response to comments by the City Council, Mr. Lopez responded as follows: · That the general market continues to be volatile · That the cost of reliability of the system should be considered as should interconnection costs to the City That although it would be SCE's desire to retain its customers, SCE will continue to educate, to assist, and to provide necessary information to the City and its citizens as it relates to the formation/operation of an electrical utility and would be willing to meet with consultants/subcommittee/third party to further address the issues. Councilman Naggar noted that if the City were to form a Municipal Utility, it would have a financial loss to SCE. Mr. Naggar requested that the matter of forming a Municipal Utility shell be agendized for an October City Council meeting to discuss and evaluate along with authorizing the appropriation of monies to hire an independent third party. Although concurring with the overall concept as well as the formation of a Municipal Utility shell, Councilman Comerchero relayed his hesitation, at this point in time, to authorize expenditures of monies to hire an independent third party, suggesting that such authorization be considered after the October meeting. Councilman Naggar relayed his concurrence with Councilman Comerchero's comments. Mayor Roberts relayed his support of forming a Municipal Utility shell but relayed his reluctancy, at this point in time, to authorize expenditure of monies on a feasibility study. Mr. Roberts requested that a copy of the feasibility study from the City of Chino be forwarded to the City Council and that staff follow the progress made by the City of San Marcos with regard to this issue. MOTION: Councilman Naggar moved to receive and file the report. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. DEPARTMENTAL REPORTS No comments. CITY MANAGER'S REPORT No comment. CITY ATTORNEY'S REPORT With regard to Closed Session, City Attorney Thorson noted that there were no reportable actions under the Brown Act. R:\Minutes\082702 8 ADJOURNMENT At 8:25 P.M., the City Council meeting was formally adjourned to Tuesday September 17, 2002, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ..,'ATTEST: ~-" '~[$[^Ll }~7 ~-~ Ron Roberts, Mayor R:\Minutes\082702 9