HomeMy WebLinkAbout051005 CC Minutes
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MINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
MAY 10, 2005
The City Council convened in Closed Session at 6:00 P.M., on Tuesday, May 10, 2005, in the
City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula,
California. The Open Session convened at 7:00 P.M.
Present:
5
Councilmembers:
Edwards, Naggar, Roberts, Washington, and
Comerchero
Absent:
o
Councilmembers:
None
PRELUDE MUSIC
The prelude music was provided by the Fine Arts Network under the direction of Beverly
Stephenson.
...
Mayor Comerchero sadly announced the passing of Mr. David Micheal as well as Mr. Steven
Saxton who was killed in Iraq. In their memory as well as all military who have given their lifes
for the freedom of our country, Mr. Comerchero called for a moment of silence.
...
INVOCATION
.
The invocation was given by Pastor John Wells, Sr. of Mountain View Community Church of
Temecula.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Councilman Naggar.
PRESENTATIONS/PROCLAMATIONS
Friends of the Temecula Public Librarv Presentation to the City Council
On behalf of the Friends of the Temecula Library, Ms. Grace Mellman thanked the
Councilmembers, especially Mayor Pro Tem Roberts, City staff, especially City Manager
Nelson, Senior Management Analyst Adams, Director of Community Services Parker, Deputy
Director of Community Services Ruse, Library Manager Vanderhaak, Members of the Friends of
the Temecula Library, community donors/supporters, customers of the Friends' bookstore --
donors and buyers, and the volunteers for their continued support. At this time, Members of the
Friends presented a $250,000 check to the City Council from the Friends of the Temecula
Library for the use of books and materials for the new Temecula Public Library as well as a gift
to each City Councilmember.
Mayor Comerchero commended Ms. Grace Mellman and the Friends on their efforts associated
with the Library. .
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Maroarita Middle School Presentation
Thanking the City for its recent sponsorship for their trip to Nakayama, Japan, three of the
Margarita Middle School students, by way of a video, shared their international traveling
experience and presented to the City Council a picture of the Margarita Middle School students
that traveled to Nakayama.
Mayor Comerchero thanked the students for the update on their recent travels.
Police Activities Leaoue (PAl) Presentation
Commenting on the numerous services provided by the PAL program and thanking the City
Council for its support, Ms. Melissa Donaldson and Sgt. DeLuna provide an informational
update of the Police Activities League Program, noting the following:
. That the program has been in existence in the City since June 2004
. That the overall program has been in existence since 1914, starting in New York
. That it is a National and a California program
. That the target age population is 16 to 18 years
. That there is no eligibility requirement
. That most juvenile crimes occur between 3:00 P.M. to 7:00 P.M.
. That this program will bridge the cap between law enforcement and the youth (building
relationships between the youth and the adult)
. That two youth will be taken to Washington, D.C. this summer for a leadership institute.
I Certificate of Achievement to Linda's Ivv Nest Cottaoe
Presenting to her a Certificate of Achievement, Mayor Comerchero commended Ms. Aguayo on
the national recognition her Old Town store received in the issue.of Romantic Homes.
Buildino and Safety Week Proclamation
Presenting the proclamation to Building and Safety Director Elmo, Mayor Comerchero
proclaimed the week of May 8 - 14, 2005, as Building and Safety Week and surprised Mr. Elmo
with a special Certificate of Achievement for his numerous achievements/accomplishments in
the City of Temecula and Building and Safety industry.
Thanking the City Council and the City Manager for this recognition and for their continued
support, Mr. Elmo accepted the recognition and extended much appreciation to his staff.
Public Works Week Proclamation
With appreciation, Mayor Comerchero presented the proclamation to Public Works Director
Hughes.
PUBLIC COMMENTS
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A. Wanting to put some falsehoods to rest, Mrs. Peg Moore, Temecula, commented on a
recent article which referenced a recall in the City of Temecula, noting that there has never
been a recall in the City of Temecula.
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B. Ms. Loretta Barnett, Temecula, Board Member of the Vail Ranch Restoration
Association, informed and alerted the City Council of the present and precarious status of the
historic Vail Ranch Headquarters - a site eligible for the national registry of historic places - and
advised that the $3 million of sales tax funding earmarked for renovation of this property has not
been used for its designated purpose.
City Manager Nelson advised that the City has a meeting with the County tomorrow on
this particular issue, noting that the City has similar concerns as expressed by Ms. Barnett.
C. Echoing Ms. Barnett's comments, Mr. Jimmy Moore, representing Temecula Valley
Historical Society, relayed the Historical Society's concern with the preservation of Vail Ranch
and, as well, echoed Mrs. Moore's comment about there never having been a recall in the City
of Temecula.
D. Mr. Josh Larson, member of the Chaparral High School Robotics and Engineering Club,
invited the City Councilmembers to the upcoming Solar Cup of 2005 at Lake Skinner on May 14
and 15, 2005.
E. Ms. Charolette Fox, Temecula, representing the Historical Commission, echoed Mr.
Moore's comments; promoted the Solar Cup of 2005; and advised of the Annual History Day
Contest, noting that the successful students will travel to the University of Virginia for the
national competition, commenting on the associated travel expenses.
F. Mr. Mark Margolin, Temecula, representing Valley Winds Community Concert Band,
invited the City Councilmembers and the public to the Fourth Annual Wine Country Community
Band Festival on May 14 -15,2005, at the Community Recreation Center, starting at 12 noon.
CITY COUNCIL REPORTS
A. Councilwoman Edwards apprised the Council and the public of an upcoming Sister City
Event - the Matsuri - June 4, 2005, at the Community Recreation Center.
Representing the City on the Southwest Communities Financing Authority (Joint Powers
Authority formed in cooperation with the Cities of Lake Elsinore, Murrieta, Temecula, and the
County of Riverside), Councilwoman Edwards advised of the proposal to build an animal
shelter, noting that she will be providing updates to the City Council as the project progresses.
Addressing the weekly Stop Light Abuse Program (SLAP) report provided to the City
Councilmembers by the Police Department, Councilwoman Edwards commented on the
numerous public questions/comments with regard to this Program and recommended that this
weekly report be published in the newspaper in order to apprise the residents of the City's
efforts to resolve this issue.
B. Concurring with Councilwoman Edwards' comment, Councilman Washington as well
suggested placing this information on the City's website. Mr. Washington congratulated the
Chamber of Commerce on a successful golf tournament at Temecula Creek Inn and
congratulated Assistant City Manager O'Grady on his fine finish in that tournament - tied for
second place.
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C. With pleasure, Mayor Pro Tem Roberts advised that on Thursday, May 12, 2005, at 3:30
P.M., the City will be having its Library Groundbreaking Event, commending Ms. Mellman, the
Friends of the Temecula Public Library, the Community Services Department staff, and other
associated staff for its efforts in this process. In closing, Mr. Roberts thanked the Friends of the
Temecula Public Library for their generous donation.
D. Echoing Mayor Pro Tem Roberts' comment with regard to the library, Councilman
Naggar as well thanked the Friends for their generous donation.
With sorrow, Mr. Naggar commented on the loss of his friend, Mr. David Micheal. In his
memory and considering his vital role in the Veterans' Memorial, Mr. Naggar requested that the
appropriate steps be taken to place a plaque in his memory.
E. Commenting on Mr. Micheal's desire to ensure phase two of the Veterans' Memorial be
completed, Mayor Comerchero encouraged the public to partake in phase two by having their
friends/loved ones recognized by placing a paver at the site.
Mr. Comerchero apprised the public of the opening of the Temecula City Ballet
Company, a non-profit organization, noting its grand opening will be Saturday, June 4, 2005,
2:00 to 4:00 P.M., admission free.
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 Resolution approvino List of Demands
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. 05-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
3 Minutes
RECOMMENDATION:
3.1 Approve the minutes of April 12, 2005.
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City Treasurer's Report
RECOMMENDATION:
4.1 Receive and file the City Treasurer's Report as of March 31, 2005.
5 Contract for Audit Services for the Fiscal Years Ended June 30. 2005. 2006, and 2007
RECOMMENDATION:
5.1 Appoint Diehl, Evans & Company to continue to serve as the City's auditors for the
Fiscal Years ended June 30, 2005, 2006, and 2007.
6 Cooperation Aoreement for Community Development Block Grant (CDBG) Funds for
Fiscal Years 2006-2009
RECOMMENDATION:
6.1 Authorize the City Manager to execute the Cooperation Agreement for Community
Development Block Grant Funds for Fiscal Years 2006-2009.
7 Purchase of Police Motorcvcles
RECOMMENDATION:
7.1 Approve the purchase of two 2005 Harley-Davidson FLHPI Road King Police
Motorcycles from Quaid Harley-Davidson for a total amount of $18,372.40.
Mayor Comerchero advised that the total of $18,372.40 for the two motorcycles reflects a
$10,000 buy back for each motorcycle.
8 Additional Authorization to a Professional Services Aoreement with Vanir Construction
Manaoement. Inc. for Construction Manaoement. Material Testino. and Special
Inspections for the Old Town Temecula Community Theater Proiect No. PW02-23
RECOMMENDATION:
8.1 Approve Amendment No. 2 for additional professional construction management
services with Vanir Construction Management, Inc. in the amount of $35,240;
8.2 Authorize the City Manager to approve a contingency not to exceed $15,000.
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Approval of Joint Access Aoreement between the Citv and Michael Butler associated with
the Old Town Temecula Community Theater Project No. PW02-23
RECOMMENDATION:
9.1 Approve a Joint Access Agreement between the City of Temecula and Michael
Butler - Grass Valley Associates, and authorize the Mayor to execute the
amendment.
10 Approval of the Plans and Specifications and authorization to solicit Construction Bids for
the Slurrv Seal Proiect - FY 2004/2005 - Proiect No. PW04-16
RECOMMENDATION:
10.1 Approve the plans and specifications and authorize the Department of Publjc Works
to solicit construction bids for the Slurry Seal Project - FY 2004/2005 - Project No.
PW04-16.
11 Approval of Plans and Specifications and authorization to solicit Construction Bids for
Fiscal Year 2005-2006 Street Stripino Prooram - Proiect No. PW05-02
RECOMMENDATION:
11.1 Approve the plans and specifications, and authorize the Department of Public Works
to solicit construction bids for Fiscal Year 2005-2006 Street Striping Program -
Project No. PW05-02.
12 Approval of Plans and Specifications and authorization to solicit Construction Bids for the
Fiscal Year 2004-2005 Citywide PCC Repairs - Proiect No. PW05-03
RECOMMENDATION:
12.1 Approve the plans and specifications and authorize the Department of Public Works
to solicit construction bids for the Fiscal Year 2004-2005 citywide Concrete Repair
Project - Project No. PW05-03.
13 Approval of Contract Chanoe Order No. 10 for the Mercantile Buildino Renovation and
Proiect Fundino for the Old Town Temecula Communitv Theater, Proiect No. 02-23
RECOMMENDATION:
13.1 Approve an increase in contingency funds of $940,000.00, which is equal to 13.1 %
of the base contract amount, and authorize the City Manager to approve change
orders not to exceed the total contingency amount of $1,656,800.00 which
represents 23.1 % of the base contract amount;
13.2 Approve Contract Change Order No. 10 for the Old town Temecula Community
Theater, Project No. PW02-23 to Tovey/Schultz Construction, Inc. in the amount of
$566,860.00 and authorize the City Manager to execute the Change Order from the
contingency amount authorized;
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13.3 Approve the transfer of $1,200,000 of Capital Project Reserves from the
Maintenance Facility/Field Operations Center to the Old Town Temecula
Community Theater.
Commenting on the complexity of this project, Mayor Pro Tem Roberts expressed his
understanding of the needed change orders but encourage staff to continue to closely
oversee the project.
14 Bus Bench Uporades Proiect No. PW02-17 Award of Construction Contract
RECOMMENDATION:
14.1 Award a construction contract for the Bus Bench Upgrades - Project No. PW02-17
- to Sutherlin Contracting, Inc. in the amount of $221,780 and authorize the Mayor
to execute the contract;
14.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $22,178 which is equal to 10% of the contract amount;
14.3 Approve a transfer in the amount of $36,500 of Capital Project Reserves from the
Main Street Bridge over Murrieta Creek (Replacement) to the Bus Bench Upgrade
Project.
15 Annual Purchase Aoreement for FY2004-2005 and FY2005-2006 for the purchase of Hot
Mix Asphalt and SS1 H Emulsion Tack for Street and Pot Hole Repairs
RECOMMENDATION:
15.1 Approve a purchase agreement with CalMat (dba Vulcan Materials Company) for
the purchase of Hot Mix Asphalt and SS1 H Emulsion Tack for street and pot hole
repairs in an amount of $50,000 for the remaining Fiscal Year 2004-2005;
15.2 Approve the purchase agreement with CalMat (dba Vulcan Materials Company) for
the purchase of Hot Mix Asphalt and SS1 H Emulsion Tack for street and pot hole
repairs in the amount of $50,000 for fiscal year 2005-2006.
16 Resolution of Support for the relocation of Southern California Office of Homeland
Security at the Ben Clark Trainino Center
(At the request of Councilwoman Edwards)
RECOMMENDATION:
16.1 Adopt a resolution entitled:
RESOLUTION NO. 05-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING A U.S. HOMELAND SECURITY
ADMINISTRATION STATIONED AT THE RIVERSIDE COUNTY
SHERIFF'S DEPARTMENT BEN CLARK TRAINING CENTER
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17 Consideration of Amendment to the Aoreemenl. dated December 9,2003, with Shute.
Mihalv & Weinberoer LLP, for leoal services reoardino Vallev-Rainbow Line
RECOMMENDATION:
17.1 Authorize the City Manager to approve and amendment to the City's Agreement
with Shute, Mihaly & Weinberger LLP to increase the City of Temecula's share of
funding for legal services by $16,000.
MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1-17. The
motion was seconded by Councilwoman Edwards and electronic vote reflected unanimous
approval.
At 8:09 P.M., the City Council called a short recess after which it reconvened as the Temecula
Community Services District and the Temecula Redevelopment Agency. At 8:31 P.M., the City
Council resumed with regular business.
PUBLIC HEARING
18 Supplemental Alcoholic Beveraoe Sale Reouirements (PA04-05941
RECOMMENDATION:
18.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 05- 05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTERS 17.08, 17.10, AND 17.34
OF THE TEMECULA MUNICIPAL CODE TO REGULATE
LIQUOR STORES AND SIMILAR USES AND TO FURTHER
CLARIFY OTHER REQUIREMENTS FOR BUSINESSES
SELLING ALCOHOLIC BEVERAGES (PLANNING
APPLICATION NO. 04-0594)
Planning Director Ubnoske reviewed the staff report (of record), highlighting the proposed
changes and noting that the Planning Commission had recommended the following changes:
. Clarification of when a convenience market becomes a liquor store
. Security training for employees
For Mayor Pro Tem Roberts, Ms. Ubnoske advised that the convenience market, per the
definition, will still require the Minor Conditional Use Permit and that any concerns may be
appealed to the City Council.
There being no public input, the public hearing was closed.
Thanking staff for its associated efforts, Councilman Washington relayed his comfort with the
proposed ordinance.
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Echoing her fellow colleagues, Councilwoman Edwards advised that she had reviewed similar
ordinances from other cities, noting that the City is once again paving the way since many other
cities are still relying on ABC guidelines.
Commenting on the former use of the census tracts, Mayor Comerchero as well commended
the Planning Department staff on a job well.
Commending the Planning Department on a job well done, Councilman Naggar and offered the
following motion:
At this time, City Attorney Thorson introduced Ordinance No. 05-05.
MOTION: Councilman Naggar moved to introduce and read by title only Ordinance No. 05-05.
The motion was seconded by Mayor Pro Tem Roberts and electronic vote reflected unanimous
approval.
COUNCIL BUSINESS
19 Traffic Sional Svstem and Operation Improvements Winchester Road and State Route
79 South
RECOMMENDATION:
19.1 Receive and file the report and provide recommendations as necessary.
Public Works Director Hughes introduced Principal Engineer Moghadam, who, by way of a
PowerPoint presentation, provided a detailed overview of the Traffic Signal System and
Operation Improvements along Winchester Road and State Route 79 South, highlighting special
accomplishments for Winchester Road and State Route 79 South and referencing upcoming
projects for the two locations.
In response to Councilwoman Edwards, Mr. Moghadam confirmed that the City will not be
taking control of the freeway-ramp signals, noting that the actual timing of these ramp signals
will remain under the jurisdiction of Caltrans.
In closing, Mr. Moghadam acknowledged Associate Engineer Gonzalez and Senior Signal
Technician Urbie on their efforts and dedication.
It was the consensus of the City Council to receive and file this item.
20 Appointment of Druo/Gano Task Force
(At the request of Councilmembers Naggar and Washington)
RECOMMENDATION:
20.1 Appoint two members of the City Council to a Drug/Gang Task Force.
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MOTION: Mayor Pro Tem Roberts moved to appoint Councilman Naggar and Councilman
Washington to the Drug/Gang Task Force. Councilwoman Edwards seconded the motion and
electronic vote reflected unanimous approval.
CITY MANAGER'S REPORT
No additional comment.
CITY ATTORNEY'S REPORT
With regard to Closed Session, City Attorney Thorson advised that there were no items to
report.
ADJOURNMENT
At 8:59 P.M., the City Council meeting was formally adjourned to an adjourned regular meeting
on Wednesday, May 18, 2005, at 1 :00 P.M., in the City Council Chambers, 43200 Business
Park Drive, Temecula, California, for the 'purpose of a budget workshop
ATJEST:
Jeff Comerchero, Mayor
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