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HomeMy WebLinkAbout082305 CC Minutes I I I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL AUGUST 23, 2005 The City Council convened in a regular meeting on Tuesday, August 23, 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 Katie Ascani & Nico Ayala. INVOCATION The invocation was given by Felecia Brown of Imani Church of God in Christ. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Councilman Naggar. PRESENT ATIONS/PROCLAMATIONS Rancho California Water District's 40th Anniversarv Proclamation Mayor Comerchero, on behalf of the City Council of the City of Temecula, acknowledged and commended Rancho California Water District for its 40 years of dedication in providing the highest quality of drinking water, sewer, and reclamation services and for displaying responsible fiscal management of the City's water resources. On behalf of the rate payers, employees, and the Board of Directors of Rancho California Water District, Mr. John Hoagland thanked the City Council for its acknowledgement. PUBLIC COMMENTS A. Readdressing her concern for the existing Kahwea Road barricade, Ms. Diana Broderick, Temecula, presented the City Council with photographs; reiterated safety concerns associated with closed roads; and requested that Starling Road, Sterling Road, and the uncompleted North General Kearny Road be opened. In response to concerns raised by Ms. Broderick, Mayor Comerchero requested that staff address issues with regard to parked cars/RVs/trailers by ensuring proper signage has been posted and that Code Enforcement/Police Department is utilized where necessary. R:\MinutesI082305 I I I B. Referencing his concern with closed streets, Mr. Mike Kuhn, Temecula, also provided photographs, elaborating on the traffic impacts as a result of closed streets and requested that all closed streets throughout the City be reopened. CITY COUNCIL REPORTS Council reports were addressed on pages 7-8. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of August 9, 2005. 3 Resolution approvina List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 05-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Resolution of Opposition to Senate Bill S. 1504 - Broadband Investment and Consumer Choice Act of 2005 RECOMMENDATION: 4.1 Adopt a resolution entitled: R:IMinutesl082305 2 I I I RESOLUTION NO. 05-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OPPOSING SENATE BILL 1504 KNOWN AS THE BROADBAND INVESTMENT AND CONSUMER CHOICE ACT (S. 1504) URGING CONGRESSIONAL REPRESENTATIVES TO REFRAIN FROM ANY FORM OF SUPPORT OR CO- SPONSORSHIP OF S. 1504 AND TO VOTE IN OPPOSITION TO S. 1504 AND DIRECTING THAT THIS RESOLUTION BE FORWARDED TO THE CALIFORNIA CONGRESSIONAL DELEGATION, OTHER MEMBERS OF CONGRESS AS DEEMED APPROPRIATE, AND THE PRESIDENT OF THE UNITED STATES 5 Commissioner Term Limits (At the request of Councilman Washington) RECOMMENDATION: 5.1 Receive and file. (This item was pulled for separate discussion; see page 5) 6 Reimbursement Aareement with Rancho California Water District and the Cities of Temecula and Murrieta for the acauisition of Aeriallmaaerv and Diaital Elevation Data RECOMMENDATION: 6.1 Approve a Reimbursement Agreement with Rancho California Water District (RCWD) for the acquisition of Aerial Imagery and Digital Elevation Data; 6.2 Allocate $162,000 from the Information Systems Fiscal Year 2005-2006 Capital Budget to cover the cost of the City's share for the project. 7 Third Amendment to an aareement for Contract Inspection Services for P&D RECOMMENDATION: 7.1 Approve a third amendment for Consultant Services with P&D Consultants in the amount not to exceed $12,000 for a total contract amount of $137,000. 8 Staae Eauipment for the Old Town Temecula Communitv Theater RECOMMENDATION: 8.1 Approve a purchase order of $53,782.66 to Wenger Corporation for the purchase of musicians' chairs and stools, music stands and lights, stage risers/decking and accessories, storage carts, and other appurtenant equipment for the Old Town Temecula Community Theater; R:IMinutesl082305 3 I I I 8.2 Approve a $5,378.27 contingency for the purchase of additional unanticipated stage equipment identified during the start-up and early months of operation of the new Theater. 9 Authorize Temporarv Street Closure of Main Street between Old Town Front Street and Puiol Street for the Temecula-On-Staoe Event scheduled for September 3. 2005. and deleoate authoritv to issue a Special Event/Street Closures Permit to the Director of Public Works/Citv Enoineer RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 05-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURE OF MAIN STREET BETWEEN OLD TOWN FRONT STREET AND PUJOL STREET FOR THE TEMECULA.ON.STAGE EVENT SCHEDULED FOR SEPTEMBER 3, 2005, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER "TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 10 Reimbursement Aoreement between Rancho California Water District and the Citv of Temecula for the Pecha no a Parkwav Phase II Street Improvements - Proiect No. PW99- 11 RECOMMENDATION: 10.1 Approve the Reimbursement Agreement between Rancho California Water District (RCWD) and the City of Temecula for the Pechanga Parkway Phase II Street Improvements - Project No. PW99-111 - in substantially the same format as attached and authorize the mayor to execute the agreement. 11 Rorioauoh Ranch Proiect Aoreement with Ashbv USA for Acauisition of Properlv for Butterfield Staoe Road Rioht of Wav RECOMMENDATION: 11.1 Approve the agreement entitled Agreement between the City of Temecula and Ashby USA, LLC for the acquisition of certain property for public rights of way in connection with the Roripaugh Ranch Project. Although it has not been determined whether there would be a conflict of interest, City Attorney Thorson advised that Mayor Comerchero would be abstaining with regard to this matter. As for Mayor Pro Tem Roberts, Mr. Thorson noted that he would be abstaining due to his employment with the County. R:IMinutesl082305 4 I I I Further clarifying his abstention, Mayor Comerchero noted that he is a partial owner of property within close proximity of the property of discussion. 12 Status Update reoardino the Citv of Temecula's Participation in the Transportation Uniform Mitioation Fee (TUMF) Prooram and Reoionallnfrastructure Improvements RECOMMENDATION: 12.1 Receive and file report on the City of Temecula's contributions to the overall TUMF Program. (This item was pulled for separate discussion; see below.) MOTION: Councilwoman Edwards moved to approve the Consent Calendar Item Nos. 1-4 and 6- 11 (Item Nos. 5 and 12 were pulled for separate discussion; see pages 5-6). The motion was seconded by Councilman Naggar and electronic vote reflected approval with the exceDtion of Mayor Pro Tem Roberts who abstained with regard to Item No.2, Councilman Washington who abstained from Item No.9, and Mayor Comerchero and Mayor Pro Tem Roberts abstained from Item No.11. CONSENT CALENDAR ITEMS CONSIDERED UNDER SEPARATE DISCUSSION 5 Commissioner Term Limits (At the request of Councilman Washington) RECOMMENDATION: 5.1 Receive and file. Mr. Mike Kuhn, Temecula, expressed his opposition to Commission term limits. In response to Mr. Kuhn's comment, Councilman Washington noted that after reviewing staff's report regarding Commissioner Term Limits, it would be his opinion that Commissioner Term Limits would not be necessary for the City of Temecula. Echoing Councilman Washington's comments regarding Term Limits, Mayor Comerchero and Mayor Pro Tem Roberts concurred with the proposed recommendation to receive and file. MOTION: Councilman Washington moved to receive and file Item NO.5. Mayor Pro Tem Roberts seconded the motion and electronic vote reflected unanimous approval. 12 Status Update reoardino the Citv of Temecula's Participation in the Transportation Uniform Mitioation Fee (TUMF) Prooram and Reoionallnfrastructure Improvements RECOMMENDATION: 12.1 Receive and file report on the City of Temecula's contributions to the overall TUMF Program. R:\MinutesI082305 5 I I I Councilwoman Edwards informed the public that this item was placed on the agenda due to grave inaccuracies of an article that was placed in a newspaper. Advising that the City's Transportation Uniform Mitigation Fee (TUMF) Program which was adopted approximately two years ago is a program that identifies a funding source to build regional arterial improvements throughout Western Riverside County, City Manager Nelson provided an overview of the City's contributions/participation in the TUMF Program and regional infrastructure improvement projects. Via overheads, Director of Public Works Hughes provided an overview of this program, highlighting the City's TUMF contributions (valued at $42 million) and the City's substantial improvements to the regional infrastructure (valued at $94 million). Commenting on the inaccuracies printed in this recent article, Councilman Washington viewed the article as irresponsible reporting; clarified that the development community is only required to contribute to the portion of impact the development has created; and noted that this City has been a leader in its negotiations with the development community as it relates to infrastructure improvements through the TUMF Program. Concurring with the previously made comments, Mayor Comerchero referenced previous City negotiations with developers that resulted in developers voluntarily mitigating over and above the development impacts. Having been interviewed by the reporter that wrote the article with the mentioned discrepancies, Councilman Naggar noted that he had apprised the reporter of the facts but that none of that information was relayed in the article. Noting that this City's has been a leader in the development and management of growth in Southwest Riverside County, Mr. Naggar referenced the City's pursuit of completing of a Freeway Nexus Study in order to determine the impacts on freeways as a result of new development. Again, reiterating his dismay with the inaccuracies of this article, Mr. Naggar stated that the City has invested a tremendous amount of time and effort as it relates to the TUMF Program. Concurring with the above-mentioned Council comments, Councilwoman Edwards also relayed her disappointment with the inaccuracies printed in the article and commented on the City's proactive stance in ensuring that infrastructure improvements are completed prior to the completion of development. Concurring with his Council members' comments, Mayor Pro Tem Roberts offered the following motion: MOTION: Mayor Pro Tem Roberts moved to receive and file this item. Councilman Washington seconded the motion. (Following additional discussion, electronic vote reflected unanimous approval of this motion; see page 7.) As well concurring with the inaccuracies of the article, City Manager Nelson provided further clarification with regard to the City's TUMF Program, noting the following: . That staff is working on a two-year update of the TUMF Program . That in order to support the TUMF Program in order to mitigate the impacts of the projected homes, an increase of $1.1 billion will be required R:\MinutesI082305 6 I I I . That current population of Western Riverside County is approximately 1.3 to 1.4 million people . That within the next 25 years, the estimated population will be 2.4 million people - an additional 1 million people . That to support these additional 1 million people, 350,000 new homes/multi-family units will have to be built . That each unit on an average will generate approximately 10 trips per day or 3.5 million new trips per day . That currently the 91 Freeway generates approximately 260,000 trips per day. In closing, Mr. Nelson reiterated the importance of the two-year TUMF update, the Freeway Nexus Study, and the ability for cities and the County to implement a mechanism to ensure that new development will pay its fair share of the needed infrastructure to mitigate the impacts of these 350,000 units. Mayor Comerchero commended City Manager Nelson and Public Works Director Hughes on their efforts associated with ensuring that such a mechanism will be implemented. At this time, the electronic vote on the previously made motion reflected unanimous approval. CITY COUNCIL REPORTS A. Having attended a workshop meeting between the Soboba Band of Luiseno Indians and the City of Hemet, Mayor Pro Tem Roberts apprised the City Council members and the public of the Tribes' intent to relocate its major gaming operation from reservation land near San Jacinto to west of Hemet in the County area near Winchester Road and Domenigoni Boulevard; that a 120-acre site is being explored for a casino with a 400-room hotel along with an entertainment venues and restaurants. Advising that the City of Hemet is requesting $3.7 million from the Tribe in order to widen Domenigoni Parkway, $2.5 to widen Sanderson Bridge, and $750,000 to hire three new Police Officers and toward the construction of a new fire station. Because the land of discussion is not currently Indian occupied, Mr. Roberts advised that an act of Congress would be required to relocate this casino to the site of discussion. Because Winchester Road would be a major roadway to the casino from the 1-15 freeway, Mr. Roberts expressed the need for the City to be involved in these negotiations and, therefore, requested that a meeting be scheduled with the Soboba Luiseno Indians. Addressing the financial problems of the City's local Red Cross, Mr. Roberts commented on the benefits of retaining a local chapter within the City; noted that Supervisor Stone has committed $10,000 to the local Red Cross; advised that discussions are underway with the City Murrieta for further assistance; and requested that this issue be agendized for the September 13, 2005, City Council meeting. B. Sharing Mr. Roberts' concern, Mayor Comerchero advised that he had met with City Manager Nelson and requested that a meeting be set with the Red Cross to address the matter. C. Readdressing information she had provided at a previous City Council meeting with regard to dialing 911 from cell phones, Mrs. Edwards noted that currently these calls are routed through the CHP regional dispatch office. In an effort to make this 911 dispatch more effective, Mrs. Edwards advised that residents, within the City of Temecula limits, may call 776-1078 R:IMinutesl082305 7 I I I from their cell phone for 911 emergencies; noted that by calling this number, these calls will be routed to the dispatch center currently accepting Temecula calls for emergency service; reiterated that this number will only pertain to City limit calls and that this number does not pertain to land lines; and advised that for non-emergency calls, an individual may call 776-1079 from a cell phone. Having had the opportunity to visit Camp Pendleton and to meet Commanding General Leonard along with Deputy City Manager Thornhill, Assistant City Manager O'Grady, and Assistant to the City Manager Yates, Mrs. Edwards advised that discussion included efforts to develop a closer relationship with Camp Pendleton because of the City's large military family population in order to provide greater support/assistance to the families. With pleasure, Mrs. Edwards announced that the County of Riverside has deeded the 3.4 acre property on Jedediah Smith and Cabrillo Road to the Rose Society where currently the Rose Society maintains a rose garden. Commenting on the many hours the volunteers of the Rose Society has dedicated to this garden, Mrs. Edwards requested that members of the Rose Society along with a representative from Supervisor Stone's Office be invited to an upcoming City Council meeting. D. Councilman Washington invited and reminded the public of the upcoming Fourth Annual Theater Foundation Fundraiser Temecula-On-Stage Event on Saturday, September 3, 2005 from 6:00 P.M. to 11 :00 P.M., noting that Main Street will be closed. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 13 Second Extension of Interim Ordinance: Prohibition of Medical Mariiuana Dispensaries RECOMMENDATION: 13.1 That the City Council, by a 4/5ths vote, adopt an ordinance entitled: URGENCY INTERIM ORDINANCE NO. 05-15 AN URGENCY INTERIM ZONING ORDINANCE OF THE CITY OF TEMECULA, CALIFORNIA, ESTABLISHING, CONTINUING, AND EXTENDING THE PROHIBITION OF THE ESTABLISHMENT OF MARIJUANA DISPENSARIES IN ANY ZONING DISTRICT WITHIN THE CITY City Attorney Thorson presented a staff report (of written material). At this time, the public hearing was opened and due to no speakers, it was closed. MOTION: Councilman Naggar moved to adopt the ordinance. Councilman Washington seconded the motion and electronic vote reflected unanimous approval. R:\MinutesI082305 8 14 Second Weed Abatement Lien Resolution for FY 2005-2006 I RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 05-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR THE SECOND WEED ABATEMENT CYCLE FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION FOR THE FISCAL YEAR 2005- 2006 Principal Planner Brown presented a staff report (of record). At this time, the public hearing was opened and due to no speakers, it was closed. MOTION: Mayor Pro Tem Roberts moved to adopt this resolution. Councilwoman Edwards seconded the motion and electronic vote reflected unanimous approval. DEPARTMENTAL REPORTS I No additional comments. 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 8:12 P.M., the City Council meeting was formally adjourned to Tuesday, September 13, 2005, at 7:00 P.M., in the City Council Chambers, 43200 BUsiness P rk Drive, Temecula, California. ;J Jeff Comerchero, Mayor < R:IMinutesl082305 9