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HomeMy WebLinkAbout091305 CC Minutes I I I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL SEPTEMBER 13, 2005 The City Council convened in a regular meeting on Tuesday, September 13, 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 Council members: Edwards, Naggar, Roberts, Washington, and Comerchero Absent: o Councilmembers: None PRELUDE MUSIC The prelude music was provided by M.O.T.I.F. INVOCATION The invocation was given by Pastor Gary Nelson of Calvary Chapel of Temecula. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Mayor Pro Tem Roberts. PRESENT ATIONS/PROCLAMATIONS PT AlPTSA Month Proclamation Noting the importance of PTAlPTSA, Ms. Diane Bynum thanked the City Council for its recognition. Certificates of Achievement to Little Leaaue All-Star Team Mayor Comerchero presented a Certificate of Achievement to the Undefeated Champions of the Temecula Valley American Little League. Rose Society Presentation Thanking the City Council for its recognition, Ms. Debra Weersing, by way of overheads, presented the City Council with photos of the existing Rose Garden. Mayor Comerchero also acknowledged County Supervisor Jeff Stone and Treasurer Paul McDonnell for their tremendous support with regard to the Temecula Valley Rose Society. PUBLIC COMMENTS A. Thanking the City Council for its support, Mr. Dave Blake and Ms. Tammy Marine, representing the Board of Directors of Habitat for Humanity, presented the City Council with a plaque of recognition for its longtime support. R:IMinulesl091305 I I I B. Representing the Arts Council of Temecula Valley, Ms. Luanne Ferrer, Murrieta, presented the City Council with a framed 2005 Arts in the Country Festival signature art piece. Ms. Ferrer gave special thanks to Recreation Supervisor Lawrence and his staff at the Community Recreation Center, Museum Services Manager Ott, and Executive Assistant Steffen for their efforts in helping keep the arts alive in the Temecula Valley. C. Mr. David Lander, Murrieta, representing the Silverhawk Coalition, spoke in favor of the City annexing the Silverhawk area and that the City Council consider agendizing the matter for discussion. D. Echoing the comments made by Mr. David Lander, Ms. Sue Moore, Murrieta, also spoke in favor of the City of Temecula annexing Silverhawk area. With regard to the City annexing the Silverhawk area, Councilman Naggar requested that City Manager Nelson prepare an informal analysis with regard to sales tax, current housing units, and existing and proposed commercial units in the Silverhawk area for the City Council to discuss. E. Representing the Meadowview Equestrian Committee, Ms. Jan Austin, Temecula, spoke in favor of keeping Kahwea Road closed. F. Expressing her dismay with an article in the newspaper regarding opening Kahwea Road, Ms. Ellen Ellish, Temecula, spoke in favor of keeping Kahwea Road closed. G. Ms. Joan Harkins, Temecula, expressed concern with public health issues that could arise due to workers loitering on Butterfield Stage Road and Rancho Vista Road, and requested that the City Council address the issue. Ms. Harkins presented the City Clerk with a letter from residents who have similar concerns. In response to Ms. Harkins' concern, Mayor Comerchero noted that the City Council is aware of the loitering issues and is in the process of assessing safety concerns along the Butterfield Stage Road corridor. Echoing Mayor Comerchero's comments, Councilman Naggar also noted that law enforcement will be patrolling Butterfield Stage Road as needed. Mr. Bill Harkins was called upon to speak but chose not to address the City Council. H. Ms. Diana Broderick, Temecula, thanked the City Council for its quick response to the issue of boat trailers, cars, and RVs parked on both sides of the Kahwea Road barricade, noting that within 36 hours, three No Parking Anytime signs were placed on each side of the barricade. Appreciating the No Parking Anytime signs, Ms. Broderick relayed that due to barricade posts being set in concrete, emergency vehicles would not have the ability to pass through the barricade; that Vehicle Code Section 21101 requires that significant evidence of crime and unsafe traffic volume must be reflected in order to permit the closure of a street; and that in the past, Kahwea Road was open as a direct route for local traffic but that it was closed through an unknown process. Viewing the barricade as illegal, Ms. Broderick questioned how a barricade that would prevent local residents direct route access to its City streets be allowed to exist; and requested a response from the City Councilor a designated representative. R:\MinulesI091305 2 I I I Addressing Ms. Broderick's comment, City Attorney Thorson relayed that after reviewing the issue of the barricade, it was concluded that legally the road was never opened; and that Vehicle Code Section 21101 would not apply; that the City Council has never taken an action to close the road; that this area was blocked off when the developers adopted the tract map; that as a result, the City has never accepted it into its road system; and that the fact that the barricade is permanent would not be of merit one way or the other as to whether or not the road is open or closed. City Attorney Thorson also noted that City Manager Nelson has addressed the issue with the Fire Department and that the closure of Kahwea Road would not be viewed as a public safety hazard; and that no further action would be required by the City Council. I. By way of overheads, Mr. Mike Kuhn, Temecula, echoed Ms. Broderick's comments, and requested that Kahwea Road be opened. In response to Councilman Washington's query, City Attorney Thorson advised that due to his residence in Meadowview, it would be appropriate to not comment on any comments made regarding Meadowview. J. Ms. Diana Lovett-Webb, Temecula, publicly thanked the City Council for its support of the residential community and protecting the quality of life in this City. K. Representing the Temecula Tractor Race Organization, Mr. Bill Gould, Temecula, thanked the City Council for its continued support of the event. CITY COUNCIL REPORTS A. Thanking Community Services Director Parker, City staff, and all the volunteers who offered time, Councilman Washington commented on the success of the Fourth Annual Temecula-On-Stage fund raiser event, advising 25% of the proceeds will be going to the victims of Hurricane Katrina. Councilman Washington announced that the Chamber of Commerce will be hosting a Katrina Relief Fund that will be held on Friday, September 23, 2005, from 5:00 pm to 10:00 pm at South Coast Winery Resort and Spa and advised that admission will be free of charge and that for more information one could call (951) 676-5090 or visit info@unite2nite.ora. B. Councilwoman Edwards relayed that Rancho Community Church in conjunction with other churches in the Temecula Valley will be hosting a concert on Saturday, September 24, 2005, at Rancho Community Church, noting that admission will be free of charge and all offerings will be donated to the American Red Cross and that for more information one could call (951) 693-0771. It was also noted by Councilwoman Edwards that the Crowne Hill area will be holding a community garage sale with all proceeds being contributed to the American Red Cross and that for more information on other ways to with donate, city residents may dial 2-1-1 to receive more information on how to help. On behalf of the individuals from the U.S.S. Ronald Reagan who donated their time to help with the Ronald Reagan Sports Park, Councilwoman Edwards presented the City Council with a plaque of the U.S.S. Ronald Reagan. Via overheads, Councilwoman Edwards displayed a picture of Councilman Naggar's newly born son, Liam Michael Naggar, born Wednesday, August 31, 2005. R:IMinulesl091305 3 I I I C. In light of Hurricane Katrina, Councilman Naggar relayed the importance of Temecula's Citizen Corps (TCC) and advised that although the TCC has mechanisms in place that would prepare the City for such a disaster, it would be equally important for citizens to take responsibility of their own homes and neighborhoods. At this time, Councilman Naggar requested that the Fire Department and Police Department, at a future City Council meeting, discuss and provide information to the public as to how the City would be prepared for such a disaster. Councilman Naggar announced to the audience that Elton and Jean Ward have recently celebrated their 65th wedding anniversary. D. Echoing the comments made by Councilman Naggar regarding the importance of being prepared for an emergency, Mayor Comerchero stated that there will be a presentation at the next City Council meeting on Tuesday, September 27,2005, which will inform residents on how the City would be prepared for a natural disaster. Mr. Comerchero advised that brochures regarding the Temecula Citizen Corps (TCC) would be available to the public at www.tccteam.organdstatedthattheCity.inconjunctionwiththeCounty.isin the process of upgrading the TCC program. Referencing public safety, Mayor Comerchero relayed that the City received a commendation from the Office of Traffic Safety, State of California, in recognition of Temecula's Stop Light Abuse Program (SLAP). Mr. Comerchero reminded the public of the upcoming Temecula Valley International Film and Music Festival to be held Wednesday, September 14 through September 22, 2005, at the Movie Experience at Tower Plaza. E. Councilman Washington also relayed that the Elk's Club and First Centennial Bank are taking donations for the Hurricane Relief Fund. At 8:11 pm, a short recess was taken. The City Council reconvened at 8:21 pm. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adootion 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 23, 2005. R:\MinulesI091305 4 I I I 3 Resolution approvina List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 05-91 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 Julv 31. 2005 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of July 31, 2005. 5 Financial Statements for the Fiscal Year Ended June 30. 2005 RECOMMENDATION: 5.1 Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2005; 5.2 Approve a budget transfer of $54,000 to Sales Tax reimbursement from Public Works; 5.3 Approve an increase in operating transfers out of $13,100 from AB 3229 COPS fund; 5.4 Approve an increase in operating transfers out of $218,500 from the Gas Tax Fund. 6 Microsoft Software Licenses - Annual Renewal RECOMMENDATION: 6.1 Authorize the annual purchase of 250 Client Access Licenses (CAL) of Microsoft Windows Professional from ASAP Software for $54,972.50. 7 California Department of Justice Drua and Alcohol Analvsis/Finaerprintina RECOMMENDATION: 7.1 Authorize an expenditure of $71,500 from the Police Department budget for drug and alcohol analysislfingerprinting for Fiscal Year 2005/06 from the California Department of Justice. R:\MinulesI091305 5 I I I 8 Resolution of Suooort in an effort to reduce Drinkina and Drivina Accidents RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 05-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE POSTING OF TRANSPORTATION SERVICE PROVIDERS AT ALL RESTAURANTS AND BARS THAT SERVE ALCOHOL AND REQUIRING THAT ALL FUTURE CONDITIONAL USE PERMIT APPROVALS INCLUDE A REQUIREMENT FOR POSTING THESE RESOURCES IN A VISIBLE AREA IN AN EFFORT TO REDUCE DRINKING AND DRIVING ACCIDENTS 9 Concert Grand Piano for the Old Town Temecula Community Theater RECOMMENDATION: 9.1 Authorize the City Manager to purchase a Concert Grand Steinway Piano for use in the Old Town Temecula Community Theater for a sum not to exceed $70,500. 10 Temoorarv Staffina Aareements RECOMMENDATION: 10.1 Approve an agreement for temporary staffing services with Apple One in the amount of $150,000 plus 10% contingency; 10.2 Approve an agreement for temporary staffing services with Manpower in the amount of $200,000 plus 10% contingency. 11 Professional Service Aareement for Overland Pacific Cutler. Inc. for Relocation Services RECOMMENDATION: 11.1 Approve a Professional Service Agreement for Overland Pacific and Cutler, Inc. to provide relocation services in the amount of $45,000; 11.2 Authorize the City Manager to approve amendments to the agreement not to exceed the contingency of $4,500 which is equal to 10% of the agreement amount; 11.3 Approve an appropriation from the unreserved General Fund balance in an amount not to exceed $299,500 for relocation services and assistance. R:\MinutesI091305 6 12 Fiscal Year 2005-06 Economic Development Operatina/Marketina Aareements I RECOMMENDATION: 12.1 Approve the operatinglmarketing agreement with Temecula Valley Chamber of Commerce in the amount of $148,000; 12.2 Approve the operatinglmarketing agreement with Economic Development Corporation of Southwest California in the amount of $22,500. 13 Sponsorship Reauest for the Great Tractor Race and Inland Empire Affiliate of the Susan G. Komen Breast Cancer Foundation Race for the Cure Sponsorship and Fundina Aareement RECOMMENDATION: 13.1 Approve the event sponsorship agreement for actual City support costs in the amount not to exceed $14,490 for The Great Tractor Race; 13.2 Approve the event sponsorship and funding agreement in the amount of $25,000, City support costs in the amount of approximately $13,075, and promotional services valued at $11,925 for the Inland Empire Affiliate of The Susan G. Komen Breast Cancer Foundation Race for the Cure event. I 14 Authorize Temporarv Street Closure of Old Town Front Street between Third Street and Fifth Street for the Old Town Temecula Antiaue Street Fake Event scheduled for September 24. 2005 and Deleaate Authoritv to Issue a Special EventslStreet Closures Permit to the Director of Public Works/Citv Enaineer RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF OLD TOWN FRONT STREET BETWEEN THIRD STREET AND FIFTH STREET FOR THE "OLD TOWN TEMECULA ANTIQUE STREET FAIRE" EVENT SCHEDULED FOR SEPTEMBER 24, 2005 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKSICITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES (This item was taken off calendar; see page 9.) I R:\MinulesI091305 7 I I I 15 Authorize Temoorarv Partial Street Closures for Race for the Cure Event October 16. 2005. in the Promenade Mall area (Maraarita Road. Overland Drive. Ynez Road. and Solana Wav) RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 05-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING PARTIAL STREET CLOSURES FOR INLAND EMPIRE "RACE FOR THE CURE" EVENT ON OCTOBER 16, 2005 AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THIS SPECIFIC SPECIAL EVENT 16 Authorize Temoorarv Street Closures for the Sixth Annual Temecula Fall Car Show and Old Town Cruise Event (Old Town Front Street between Moreno Road and Second Street. and other related streets) RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 05-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR THE SIXTH ANNUAL TEMECULA FALL CAR SHOW EVENT AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT 17 Award the Construction Contract for Proiect No. PW04-12 - Pavement Rehabilitation Proaram FY 2005-06 - Ynez Road RECOMMENDATION: 17.1 Award a construction contract for Project No. PW04-12 Pavement Rehabilitation Program FY 2005-06, Ynez Road, to Silvia Construction, Inc. in the amount of $709,568.39 and authorize the Mayor to execute the contract; 17.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $70,956.84, which is equal to 10% of the contract amount. R:IMinutesl091305 6 I I I 18 City Maintenance Facilitv Exoansion/Field Ooerations Center-Phase I - Proiect No. PW03-06 RECOMMENDATION: 18.1 Award a construction contract for the Phase I of the Field Operations Center (Maintenance Facility Expansion), Project No. PW03-06, to Western Rim Constructors, Inc., in the amount of $636,094.80, and authorize the Mayor to execute the contract; 18.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $63,609.48, which is equal to 10% of the contract amount. 19 Purchase and Sale Aareement for Prooertv located in Old Town RECOMMENDATION: 19.1 Approve the Purchase and Sale Agreement and escrow instructions for certain real property located at 41910 Main Street (APN 922-044-019) in the City of Temecula and authorize the Mayor to execute the agreement; 19.2 Approve an appropriation from unreserved General Fund balance in an amount not to exceed $595,000 for acquisition, escrow, closing costs, appraisal, testing, and related fees. 20 License Aareement with the Bov Scouts of America Trooo No. 309 to use a City-owned vacant lot (located northwesterlv of the intersection of Diaz Road and Rancho California Road) for a oarkina lot durina the Temecula Fall Car Show on October 8. 2005 RECOMMENDATION: 20.1 Approve a license agreement between the City of Temecula and the Boy Scouts of America, Troop No. 309, to use a City-owned vacant lot for off-street parking and fundraising activities during the Temecula Fall Car Show. MOTION: Councilwoman Edwards moved to approve Consent Calendar Item Nos. 1-13 and 15- 20 (Item No. 14 was taken off calendar). The motion was seconded by Councilman Naggar and electronic vote reflected approval with the exceDtion of Councilman Naggar who abstained with regard to 13.2 and 15. In response to Councilman Naggar's query, Director of Public Works Hughes noted that the intent would be to complete the repaving of Ynez Road prior to upcoming holiday season. With regard to Item No.8, City Clerk Jones relayed that Mr. Edward Varela gave thanks to the City Council for its efforts in providing the resolution. R:IMinutes1091305 9 I I I COUNCIL BUSINESS 21 Financial Assistance for the American Red Cross (requested by Mayor Comerchero and Mayor Pro Tern Roberts) RECOMMENDATION: 21.1 Approve a $36,000 contribution to the American Red Cross to assist with local Chapter operations, local disaster relief, and relief for the victims of Hurricane Katrina; 21.2 Approve an appropriation of $36,000 from Unappropriated Reserves of the General Fund for this contribution. Mayor Pro Tem Roberts provided a staff report (of written record). At this time, the public hearing was opened. On behalf of Mr. Bruce Cripe, City Clerk Jones relayed his full support for the proposed recommendation. Mr. Wayne Hall, Temecula, spoke in favor of the proposed recommendation. At this time, the publiC hearing was closed. MOTION: Mayor Pro Tem Roberts moved to approve Item No. 21. Councilwoman Edwards seconded the motion and electronic vote reflected unanimous approval. Councilman Naggar directed staff to prepare the Community Development Block Grant (CDBG) report for the subcommittee to review. Mayor Comerchero noted the importance of donating to the local American Red Cross. CITY MANAGER'S REPORT No additional comment. CITY ATTORNEY'S REPORT City Attorney Thorson noted that there are no actions to report from closed session. R:\MinulesI091305 10 ADJOURNMENT I At 8:49 P.M., the City Council meeting was formally adjourned to Tuesday, September 27, 2005, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. .' ATTEST: /' ~ I I R:IMinutes1091305 11