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HomeMy WebLinkAbout111406 CC Minutes I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL NOVEMBER 14, 2006 The City Council convened in Closed Session at 6:00 p.m. and its regular meeting commenced at 7:00 P.M., on Tuesday, November 14, 2006, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: 5 Council Members: Comerchero, Edwards, Naggar, Washington, and Mayor Roberts. Absent: o Council Members: None. PRELUDE MUSIC The Prelude Music was provided by Musicians Workshop Youth Orchestra. INVOCATION The invocation was given by Pastor Gary Nelson of Calvary Chapel of Temecula. PLEDGE OF ALLEGIANCE I The pledge of allegiance was presented by Council Member Edwards. PRESENTATIONS/PROCLAMATIONS Temecula Achievement Proaram Presentation The following students were presented with a Certificate of Achievement for their completion of the Temecula Achievement Program: I o Joshua Bradshaw o Matthew Bradshaw o Isaiah Jackson o Nicole Marchese o Jessica Morrill o Nicholas Ortiz o Alexander Race o Auggie Vaccaro oRiana Youngken o Sergio Afonso o Juwan Maxwell o John Cross o Gabby Casillas o Rylie Buckland o Mateo Rojas R:\Minutes\ 111406 I I I Navv Chief Petty Officer Michael McCracken Proclamation Mayor Roberts, on behalf of the City Council of the City of Temecula, commended Officer McCracken on his numerous achievements and for his contributions to the City of Temecula, hereby proclaiming November 14, 2006, to be Chief Petty Officer Michael R. McCracken Day. In attendance to accept the Proclamation, Chief Petty Officer McCracken thanked the City Council for its recognition. Pink Heart Medal- City of Temecula Perpetual Plaaue Thanking the City Council and staff for its ongoing support over the past eight years, Ms. Nottingham, Mr. Fleming, and Ms. Jacob relayed their appreciation and accepted the Pink Heart Medal. Family Niaht in Temecula Proclamation On behalf of the City Council, Council Member Naggar proclaimed Monday, November 20, 2006, to be the first Monday declared as Family Night and to continue for subsequently one year from date. In acceptance of this proclamation were Ms. Fielding, representing Christian Science Society of Temecula; Mr. Johnson, representing Unity Church of the Valley; Ms. Matthews, representing Bahai Community of Temecula; Father Simon Poptelecan, representing SI. Nicholas Orthodox; Ms. Slocum, representing Personal Faith; Mr. Slusser, representing Church of Jesus Christ of Latter Day Saints; Ms. Turley-Trejo, representing Church of Jesus Christ of Latter Day Saints; and Mr. Abdulla and Mr. Maraba representing the Islamic Center of the Southwest Riverside County Interfaith Council. PUBLIC COMMENTS A. Mr. Randon Lane, Murrieta, spoke regarding recent vandalism in the City of Murrieta and requested a donation which would be placed in a reward fund for any information leading to the arrest of individuals involved with the vandalism; and informed that donations could be made by calling the Chamber of Murrieta at (951) 677-7916 or (951) 830-3485. Expressing interest in Mr. Lane's request, Council Member Comerchero requested that the City Manager consider expending $2,000. In response to Council Member Comerchero's request, City Attorney Thorson noted that in order to contribute towards a reward fund, under California Law, his request would need to be placed on an agenda for separate action. B. Mr. John Dedovesh, Temecula, referenced an article in the Valley News with regard to red light violations and requested that the City Council explore the possibility of implementing red light cameras in the City of Temecula. C. Mr. Jason and Paul Rossi, Temecula, extended an invitation to the City Council to attend the Great Oak High School Gala which will raise funds for students to attend and participate in the Fiesta Bowl Band Championship. R:\Minutes\111406 2 I I I D. Ms. Marsi Yount, Temecula, encouraged the City Council and public to support the spirit of Great Oak Band. CITY COUNCIL REPORTS A. Mayor Pro Tem Washington thanked the City Clerk's Department for its efforts in ensuring that certificates and proclamations are performed in a timely manner. Referencing the Thanksgiving Season, Mayor Pro Tem Washington advised that donations of turkeys and canned goods may be donated to the Temecula Food Pantry at (951) 676-8022. . B. Having requested that the Public Utilities Commission (PUC) reexamine its tiered rate structure regarding Temecula and its surrounding cities, Council Member Comerchero reported that Western Riverside Council of Governments (WRCOG) prepared a study as the first step that will demonstrate a new way to calculate differences in temperatures between cities; and advised that more information will be provided, as it becomes available. Council Member Comerchero announced that The Children's Museum will be hosting Pennypickle's Winter Wonderland on Friday, December 8, 2006, from 5:30 p.m. to 9:00 p.m. Thanking the public for their votes, Council Member Comerchero pledged to serve the City for the next four years. C. Speaking highly of the Great Oak High School Band and Color Guard, Council Member Edwards also encouraged the public to attend the fundraiser on Saturday, November 18, 2006, at South Coast Winery and Resort, advising that more information may be found at www.spiritofareatoak.com. Expressing her appreciation to those who voted for her, Council Member Edwards noted that she will work hard to serve the citizens of Temecula for the next four years. Relaying his appreciation for his reappointment, Mayor Roberts stated that he, as well, will work hard to serve the citizens of Temecula. Mayor Roberts also advised that he had an opportunity to present Dustin Lewis with a proclamation that proclaimed Dustin Michael Lewis Day in the City of Temecula, expressing his heartfelt thoughts to Dustin who is a senior at Chaparral High School who suffers from an Auto Immune Disease; noting he was a gymnast who has competed and won many medals at the Southern California Elite Gymnast Association, and will continue to pursue his dream as a graphic designer. R:\Minutes\111406 3 I I I At this time, Agenda Item Nos. 7 and 43 were addressed out of order. CONSENT CALENDAR 7 Adoption of 1st Reconnaissance Marine Battalion (at the reauest of Mayor Pro Tem Washinaton) RECOMMENDATION: 7.1 Adopt the 1 st Reconnaissance Marine Battalion as the official battalion for the City of Temecula. Mayor Pro Tem Washington provided a staff report (of written record). MOTION: Mayor Pro Tem Washington moved to adopt the 1st Reconnaissance Marine Battalion as the official battalion for the City of Temecula. Council Member Comerchero seconded the motion and electronic vote reflected unanimous approval. At this time, Mayor Pro Tem Washington presented Sergeant Major Miller with a certificate, adopting him as the City's Official Marine Battalion. Accepting the position of the City's Official Marine Battalion, Sergeant Major Miller thanked the City Council for the opportunity to serve. Mayor Pro Tem Washington requested that the Director of Information Systems explore the feasibility of adding a link to the City's website so that cards to Marines may be disbursed in the proper format. PUBLIC HEARING 43 Appeal of Plannina Commission Approval of Plannina Application No. PA06-0213. a Development Plan with a Conditional Use Permit for the development of a water park located on 15.4 acres at the northwest corner of Ynez Road and County Center Drive consistina of pools. slides. and other types of water rides. concession stands. aift shop. party room. chanaina room with lockers. restrooms. picnic areas. service yard. and a 433 space parkina lot. RECOMMENDATION: 43.1 Adopt a resolution entitled: RESOLUTION NO. 06-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING COMMISSION APPROVAL OF PLANNING APPLICATION NO. PA06-0213, A DEVELOPMENT PLAN WITH A CONDITIONAL USE PERMIT FOR THE DEVELOPMENT OF A WATER PARK LOCATED ON 15.4 ACRES AT THE NORTHWEST CORNER OF YNEZ ROAD AND COUNTY CENTER DRIVE R:\Minutes\111406 4 I Director of Planning Ubnoske provided a staff report (of written record). City Attorney Thorson announced that a letter was received today by Attorney David Hubert, representing the Ynez Business Center. City Attorney Thorson noted that the issues that he will be addressing would pertain to the CC&Rs and aesthetic impacts of the appeal. City Attorney Thorson stated the following: o That the CC&Rs would be private restrictions that have been imposed on the land through an agreement among the land owners within the business park; that it would not function as zoning; that CC&Rs would not function as City imposed conditions; and that, therefore, the City would not have any authority to enforce them or to take them into consideration, reiterating that the CC&Rs would be private restrictions between the land owners and the Association, not the City of Temecula o That the City would only be able to enforce zoning ordinances which have been approved by the City Council pursuant to public hearing procedures imposed by law o That if the City Council were to enforce private CC&Rs or use them as a basis for deciding whether to approve or not approve a project, the City Council would be advocating police powers and delegating the City's zoning authority to a private party o That although CC&Rs would be important to a property owner, they would not be restrictions that the City could enforce or use as a basis for approving or denying a project o That the CC&Rs referred to in this case would be standard CC&Rs that would be imposed on all projects in the mid 1980s. I With regard to aesthetic impacts, City Attorney Thorson noted the following: o That aesthetic impacts would fail to address the CC&Rs; noting that the CC&Rs would not be City imposed conditions; that CC&Rs would not be a document that the City could enforce o That the issues of traffic would be legitimate issues, but that the CC&Rs would be strictly private between the Association and its members. In response to Council Member Comerchero's query, Director of Planning Ubnoske noted that the property owners have never raised the issue of keeping the proposed site vacant. Helping to clarify for Council Member Naggar, Director of Planning Ubnoske stated that the proposed use would be consistent with the City's General Plan; that the proposed use would generate less traffic than any other allowable use; and that the proposed use would only be open four months out of the year. Referencing the Mitigated Negative Declaration (MND), City Attorney Thorson noted that based on the Initial Study, the City has addressed all environmental impacts. Responding to Mayor Pro Tem Washington's query with regard to planning, Director of Planning Ubnoske noted that from a planning perspective, trip generations would be based on zoning, vacant property, and the most intense use. I R:\Minutes\111406 5 I I I Director of Public Works Hughes noted that in terms of the General Plan and Circulation Element and the impact on the existing land uses, the Public Works Department would average the expected trip generation of future undeveloped properties; that some uses would generate more than expected and some uses would generate less than expected; that in this case, the proposed use would not generate any trips until 10:00 a.m. and that the p.m. hours would generate considerably less than any other permitted use. With regard to the Harveston project, Director of Public Works Hughes advised that millions of dollars were expended on infrastructure to mitigate new homes that would be developed in that project; that the Harveston project also made improvements to mitigate the commercial areas to the west of Harveston which included additional turning movements at Winchester Road and Ynez Road, widening at Margarita Road and Winchester Road, improvements of Date Street which would allow for six lanes, improvements of Ynez Road from the northern city limits to Winchester Road, and some funding of the design for the French Valley Interchange. Reiterating previous comments, Director of Public Works Hughes stated that the Harveston project not only took into account what impacts would be made by its project, but the existing business park, and any development of the site in question; and that the proposed site would be adequate to handle the proposed project. At this time, the public hearing was opened. Mr. Dan Hunter, representing Clearwater Waterpark Development, offered the following comments: o That the proposed project would employ 300 of Temecula's youth o That the traffic impacts would be off-peak hours o That the applicant has and will continue to make a good faith effort with regard to the business park's CC&Rs o That the proposed project will be secured o That the applicant's experience would be that individuals who pay to enter a water park would not be there to loiter but to have fun o That the applicant addressed noise issues which would be below what the City would require o That the applicant has made every effort to be a good neighbor and will continue this policy; and that the applicant would be willing to address any parking impacts that may arise. Expressing appreciation to the Planning Commission and staff, Mr. Hunter stated that his team would be available to answer any questions. In response to Mayor Roberts, Mr. Hunter advised that the applicant has been conservative with regard to capacity limit in the park and parking lot, noting that the Fire Department would have its own capacity level. For Council Member Naggar, Mr. Hunter noted that the water park would appeal to families and that it would not be comparable to Raging Waters, Irvine; that this water park would be a small park for its local residents; and that with an approval, the proposed park would be anticipated to be completed mid summer of 2007. R:\Minutes\111406 6 I I I Mr. Hunter noted that during the months that the park is closed, there would be staff on site and that the park will be secured. Mr. David Hubbard, appellant representing Ynez Business Center, highlighted on the following: o That although the City cannot enforce the CC&Rs, the City should acknowledge that they exist and analyze the project in comparison to what the CC&Rs state o That there would be potential land use impacts that have not been addressed o That there would be potential aesthetic impacts that have not been addressed because the CC&Rs establish strict aesthetic standards o That as per the California Environmental Quality Act (CEQA), the Mitigated Negative Declaration (MND) would not be sufficient and would need to be addressed by preparation of an Environmental Impact Report (EIR) o That with regard to the traffic analysis provided in the Initial Study, the traffic generation numbers were not generated or derived from any established standard that would be accepted by the Institute of Traffic Engineers o That the traffic generation numbers were provided by the applicant; and that City staff should have confirmed the traffic numbers that were provided o That staff assess the proposed project against existing development o That any project on the proposed site would exacerbate the already failing traffic condition o That the environmental documentation that was prepared would not be adequate o That the parking situation was not adequately addressed in the Environmental Impact Report (EIR) o That the CC&Rs cannot be ignored; that they would be a part of the existing conditions and should have been assessed in the Initial Study; that the traffic study would be inadequate; and that the document would also be inadequate for its failure to provide an adequate parking assessment. Disagreeing with Mr. Hubbard, City Attorney Thorson stated that as per CEQA, the City would be required to evaluate the existing conditions; that the existing conditions would be the buildings that are built and the buildings that may be built under the City's zoning; that it would be his opinion that the City cannot be beholden to private CC&Rs and undertake an Environmental Analysis where the City would have no control over the conditions; that the City would consider the existing buildings, along with the allowable uses under the zoning code and then evaluate this information. Reiterating, Director of Public Works Hughes stated the following: o That the traffic study analysis was performed by a professional engineering firm; advising that City staff would participate in the study process o That in this case, he would be confident that the traffic study was adequately prepared. Speaking with all fairness, Mr. Hubbard stated that his client, Ynez Business Center, would not be in favor of the proposed project, but that the point of the appeal would be whether the Mitigated Negative Declaration (MND) would be adequate under CEQA, stating that the environmental documentation would not be adequate as a matter of law; that the project must comply with CEQA; and that CEQA would require that any project be assessed against existing conditions. R:\Minutes\111406 7 I I I Offering more information with regard to traffic, Director of Public Works Hughes informed that the traffic analysis considered traffic traveling north of Murrieta and the French Valley area; that this would be a Mitigated Negative Declaration and that all impacts have been reviewed; advising that staff would be confident with the analysis and would be of the opinion that the proposed project has mitigated all its impacts. Noting that the City's General Plan was recently updated, Deputy City Manager Thornhill stated that it included a major traffic analysis circulation study and Environmental Impact Report (EIR) for all the land uses in the City; and that he would be confident with the studies that have been performed by the applicant and staff. Relative to the comments made by Mr. Hubbard with regard to CC&Rs, City Attorney Thorson stated that the City Council sets zoning requirements, planning, and all development standards in the General Plan and Zoning Ordinance; that large developments impose CC&Rs which would be approved by the City, but that the approval would be limited to the items that would be required from maintenance of certain public improvements. With regard to parking for the proposed project, Director of Planning Ubnoske noted that because not every conceivable use would be included in the Development Code, staff examined similar uses; that the applicant provided in excess of what the Development Code would require; and reiterated that staff would be confident that parking will not be an issue. Clarifying for the record, Mr. Maury Alcheck, representing Ynez Business Park, noted that Mr. Hubbard would not be the attorney for the Rancho California Corporate Park, but the attorney for the Ynez Business Center. Mr. Maury also stated the following: o That he would be aware that it would be the responsibility of the Ynez Business Park Association to enforce the CC&Rs and not the responsibility of the City o That he would be of the opinion that there would be significant negative impacts that would be associated with the proposed project o That as a property owner he would be opposed to the proposed project at the proposed location o That he would be of the opinion that an Environmental Impact Report (EIR) would be required of the proposed project. Representing Clearwater Waterpark Development, Mr. Greg Briggs clarified the park's parking structure. After interviewing adjacent neighbors of the Wild Rivers Waterpark in Irvine, the business owners expressed no concerns with negative impacts as a result being adjacent to the Wild Rivers Waterpark. In response to Council Member Naggar's query, Mr. Briggs noted that if problems were to arise with regard to parking, loitering or vandalism, the applicant would be more than willing to address any negative impacts. The following individuals spoke in favor of the proposed project: o Mr. David Neault, Temecula o Mr. Jeff Linton, Temecula o Mr. Robert Bledsoe, Temecula o Mr. Kory Roberts, Temecula o Mr. Michelle Arellano, Temecula R:\Minutes\111406 8 I I I o Mr. Larry Slusser, Temecula o Ms. Melanie Sanchez, Temecula The above-mentioned individuals spoke in favor of the proposed project for the following reasons: o That the proposed project would be a quality project that will enhance the City of Temecula o That the Board of the Boys and Girls Club would be in full support of the proposed project, noting that it will be a positive environment for the City's youth o That the proposed project will offer the City's youth fun and interesting activities during the summer months o That the proposed project will be a family-oriented environment o That the proposed project will offer the City's youth employment opportunities o That the proposed attractions at the park will offer fun for the whole family. Mr. Hunter noted that he did not have any additional comments. At this time, the public hearing was closed. Council Discussion The City Council thanked the speakers for their attendance. Having listened to all comments, Mayor Pro Tem Washington noted that it would be his opinion that all issues noted by the appellant have been addressed. MOTION: Mayor Pro Tem Washington moved to denv the aDDeal upholding the decision of the Planning Commission. Council Member Naggar seconded the motion. (Additional discussion ensued; see below.) The City Council made its findings on the below mentioned facts: o That the proposed water park would be consistent with the City's General Plan and Development Code o That the proposed project will work with the City to provide park and ride spaces during the months when the park is non-operational o That noise and parking concerns have been addressed o That the proposed project will provide the City's youth job opportunities during the summer months o That the proposed water park will provide a fun, safe, and wholesome, family experience o That the CC&Rs would be a private matter between the business park and its Association o That the applicant agreed to address any parking issues that may arise. At this time, the electronic vote on the previously made motion reflected unanimous approval. R:\Minutes\111406 9 CONSENT CALENDAR I 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 September 26, 2006; 2.2 Approve the minutes of October 10, 2006. 3 Resolution approvina List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: I RESOLUTION NO. 06-91 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 September 30. 2006 RECOMMENDATION: 4.1 That the City Council receive and file the City Treasurer's Report as of September 30, 2006. 5 FirelEMS Protection Aareement for Fiscal Year 2006-07 RECOMMENDATION: 5.1 That the City Council approve the Cooperative Agreement with the County of Riverside to provide fire protection, fire prevention, rescue service through June 30, 2008. (Item NO.5 was continued to the December 12, 2006, City Council meeting.) I R:\Minutes\ 111406 10 I I I 6 2006-07 Community Service Fundina Proaram RECOMMENDATION: 6.1 That the City Council review and approve the 2006-07 Community Service Funding Program grants pursuant to the attached spreadsheet outlining the Subcommittee's recommendations of $120,000 to 41 organizations. 7 Adoption of 1st Reconnaissance Marine Battalion (at the reauest of Mavor Pro Tem Washington) RECOMMENDATION: 7.2 Adopt the 1 st Reconnaissance Marine Battalion as the official battalion for the City of Temecula. (Item No.7 was addressed on page 3 and 4.) 8 First Amendment to Aareement with GIM Business Interiors RECOMMENDATION: 8.1 Approve the First Amendment to the Purchase and Installation Agreement between the City of Temecula and GIM Business Interiors for a total purchase amount of $35,217.58. 9 Police Department OTS Sobriety Checkpoint Mini Grant Funding RECOMMENDATION: 9.1 Increase estimated General Fund Grant Revenue by $20,028; 9.2 Appropriate $20,028 from General Fund Grant Revenue to the Police Department. 10 Completion and Acceptance of the Pavement Rehab Proaram FY2005/06 - Diaz Road. Proiect No. PW05-06 RECOMMENDATION: 10.1 Accept the construction of the Pavement Rehab Program FY 2005/06 - Diaz Road - Project No. PW05-06 - as complete; 10.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond and accept a one year Maintenance Bond in the amount of 10% of the contract amount; 10.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. R:\Minutes\ 111406 11 I I I 11 Quitclaim Portion of Wolf Creek Fire Station Site (APN 962-010-009) from City of Temecula to Wolf Creek Development. LLC RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 06-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE QUITCLAIM OF PORTIONS OF ASSESSOR'S PARCEL NUMBER 962-010-009 TO WOLF CREEK DEVELOPMENT, LLC AND RESERVING AN EASEMENT FOR PUBLIC PURPOSES OVER SAID PROPERTY 12 Acceptance of certain Public Streets into the City-Maintained System within Tract Map Nos. 29928. 29928-1. 29928-2. and 29928-3 (Located west of Maraarita Road. south of Date Street and north of Harveston Way within the Harveston Subdivision) RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 06-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NOS. 29928, 29928-1, 29928-2 AND 29928-3) 13 Acceptance of certain Public Streets into the City-Maintained System within Tract Map Nos. 29929. and 29929-1 (Located west of Margarita Road. south of Date Street and north of Harveston Way within the Harveston Subdivision) RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 06-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NOS. 29929 AND 29929-1) R:\Minutes\111406 12 I I I 14 Authorize Temporarv Street Closures for Santa's Electric Liaht Parade on December 1. 2006. and Deleaate Authoritv to issue Special EventslStreet Closures Permit to the Director of Public Works/City Engineer RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 06-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURES FOR JEFFERSON AVENUE AND ABUTTING STREETS FROM RANCHO CALIFORNIA ROAD TO OVERLAND DRIVE AND ALSO THE LOW FLOW CROSSING AT VIA MONTEZUMA AT DiAl ROAD FOR TEMECULA'S HOLIDAY LIGHT PARADE ON DECEMBER 1, 2006, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 15 Cooperative Aareement with the County of Riverside to Mitiaate Traffic Impacts in Western Riverside County - Amendment NO.1 RECOMMENDATION: 15.1 Approve Amendment No. 1 to the Cooperative Agreement between the City of Temecula and the County of Riverside to Mitigate Traffic Impacts in Western Riverside County and authorize the Mayor to execute the documents. 16 First Amendment to Professional Consultant Services with Leiahton Consulting. Inc. for the Temecula Public Librarv - Proiect No. PWOO-07 RECOMMENDATION: 16.1 Approve the First Amendment to the agreement with Leighton Consulting, Inc. in an amount not to exceed $30,262.21 to provide additional Geotechnical and Special Inspection Services to complete the Temecula Public Library - Project No. PWOO- 07; 16.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $3,062.22, which is equal to 10% contingency of the amendment amount. R:\Minutes\111406 13 I I I 17 Consultant Services Aareement for Enaineering Desian Services for DePortola Road Pavement Rehabilitation Proiect from Jedediah Smith Road to Maraarita Road - Proiect No. PW06-10 RECOMMENDATION: 17.1 Approve an agreement with GFB-Friedrich & Associates, Inc. in an amount not to exceed $146,100.00 to design De Portola Road Pavement Rehabilitation Project between Jedediah Smith Road and Margarita Road, Project No. PW06-10, and authorize the Mayor to execute the agreement; 17.2 Authorize the City Manager to approve extra work not to exceed the contingency amount of $14,610, which is equal to 10% of the agreement amount. 18 Completion and Acceptance of City Maintenance Facilitv ExpansionlField Operations Center - Phase 1 - Proiect No. PW03-06 RECOMMENDATION: 18.1 Accept the City Maintenance Facility Expansion/Field Operations Center - Phase 1, Project No. PW03-06 - as complete; 18.2 File a Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract amount; 18.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. 19 Acceptance of certain Public Streets into the City-Maintained System within Tract Map No. 30088 (Located west of Maraarita Road. south of Date Street and north of Harveston Way within the Harveston Subdivision) RECOMMENDATION: 19.1 Adopt a resolution entitled: RESOLUTION NO. 06-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 30088) R\Minutes\111406 14 I I I 20 Summarv Vacation of a Drainaae Easement located as shown at Lot 1 and 2 of Parcel Map No. 23354 (Abbott Vascular. Inc. at Motor Car Parkway) RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. 06-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUMMARILY VACATE AN EASEMENT FOR DRAINAGE PURPOSES LOCATED AS SHOWN AT LOT 1 AND 2 OF PARCEL MAP NO. 23354 PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 4, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAY CODE 21 Completion and Acceptance of the Temecula Police Department Sub-Station at the Promenade Mall RECOMMENDATION: 21.1 Accept the construction of the Temecula Police Department Sub-Station at the Promenade Mall as complete; 21.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond and accept a one year Maintenance Bond in the amount of 10% of the contract amount; 21.3 Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. 22 First Amendment to Contract with Charles Abbott for Fire Plan Check Services 22.1 Approve the First Amendment for fire plan check services with Charles Abbott in the amount of $60,000. 23 Temecula Public Library Fees RECOMMENDATION: 23.1 Adopt a resolution entitled: RESOLUTION NO. 06-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A FEE SCHEDULE FOR THE TEMECULA PUBLIC LIBRARY R:\Minutes\111406 15 I I I 24 Librarv Operating Aareement RECOMMENDATION: 24.1 Approve an operating agreement, in its substantial form, with the Riverside County Library System for the operations of the Temecula Public Library. 25 Two-Year Cell Phone Contract Renewal with Sprint RECOMMENDATION: 25.1 Approve a two-year agreement with Sprint for the renewal of City Cellular Services. 26 Community Grant Aareement with the Temecula Sister City Association RECOMMENDATION: 26.1 Approve a grant in the amount of $7,500.00 for the Temecula Sister City Association for fiscal year 2006-2007. 27 Additional Authorized Position RECOMMENDATION: 27.1 Approve the addition of one (1) Assistant City Manager position to the City's schedule of authorized positions. MOTION: Mayor Pro Tem Washington moved to approve the Consent Calendar. Council Member Comerchero seconded the motion. (Additional discussion ensued prior to the vote; see below.) Per the request of the City Attorney, Item NO.5 will be continued to the December 12, 2006, City Council meeting. For Council Member Naggar, City Attorney Thorson advised that because he would no longer be a Board Member of the Boys and Girls Club, he would not be precluded from voting on Item NO.6. City Attorney Thorson also advised that Council Member Edwards would not have a conflict of interest with Item NO.6 and therefore, would eligible to vote. MOTION: Mayor Pro Tem Washington moved to extend the meeting to 10:15 p.m. Council Member Comerchero seconded the motion and voice vote reflected unanimous approval. At this time, the electronic vote for the previously made motion reflected unanimous approval. At 9:58 p.m., the City Council convened as the Temecula Community Services District, the Temecula Redevelopment Agency, and the Temecula Public Financing Authority. The City Council resumed with regular business at 10:04 p.m. R:\Minutes\111406 16 I I I RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING (Item No. 43 was addressed on pages 4-9.) 43 Appeal of Plannina Commission Approval of Plannina Application No. PA06-0213. a Development Plan with a Conditional Use Permit for the development of a water park located on 15.4 acres at the northwest corner of Ynez Road and County Center Drive consistina of pools. slides. and other types of water rides. concession stands. gift shop. party room. chanaina room with lockers. restrooms. picnic areas. service yard. and a 433 space parkina lot. RECOMMENDATION: 43.2 Adopt a resolution entitled: RESOLUTION NO. 06-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING COMMISSION APPROVAL OF PLANNING APPLICATION NO. PA06-0213, A DEVELOPMENT PLAN WITH A CONDITIONAL USE PERMIT FOR THE DEVELOPMENT OF A WATER PARK LOCATED ON 15.4 ACRES AT THE NORTHWEST CORNER OF YNEZ ROAD AND COUNTY CENTER DRIVE COUNCIL BUSINESS 44 PubliclTraffic Safety Commission Appointment RECOMMENDATION: 44.1 Appoint one applicant to serve a full three-year term on the PubliclTraffic Safety Commission through October 10, 2009. City Clerk Jones provided a staff report (of record). The City Council thanked the applicant's for their submittals. MOTION: Mayor Pro Tem Washington moved to appoint Mr. Bob Hagel to serve as a Public Traffic Safety Commissioner for a full three-year term. Council Member Naggar seconded the motion and electronic vote reflected unanimous approval. R\Minutes\111406 17 I 45 Issuance of Two Series of Tax Allocation Bonds bv the Redevelopment Aaencv of the City of Temecula for the Temecula Redevelopment Proiect NO.1 RECOMMENDATION: 45.1 Adopt a resolution entitled: RESOLUTION NO. 06-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ISSUANCE BY THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA OF TWO SERIES OF TAX ALLOCATION BONDS Director of Finance Roberts provided a staff report (of written material). City Attorney commended the Finance Department for the hours of dedication associated with the two series of Tax Allocation Bonds. MOTION: Council Member Naggar moved to approve staff recommendation. Council Member Comerchero seconded the motion and electronic vote reflected unanimous approval. DEPARTMENTAL REPORTS 46 Planning Department Monthlv Report I 47 Economic Development Department Monthlv Report 48 City Council TravellConference Report - September 2006 49 Buildina and Safety Department Monthlv Report 50 Public Works Department Monthlv Report 51 Police Department Monthlv Report CITY MANAGER REPORT City Manager Nelson thanked the Council, City staff, and the public for the support they have bestowed on his family during a difficult time. CITY ATTORNEY REPORT With respect to closed session, City Attorney Thorson advised that there was no formal action to report. I R:\Minutes\111406 18 I I I ADJOURNMENT At 10:10 p.m., the City Council meeting formally adjourned to Tuesday, November 28, 2006, at 5:30 p.m., for a Closed Session with the regular session commencing at 7:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ~h~, ATTEST: ~ R:\Minutes\111406 19