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HomeMy WebLinkAbout092705 CC Minutes I I I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL SEPTEMBER 27, 2005 The City Council convened in a regular meeting on Tuesday, September 27, 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: Councilmembers: 5 Edwards, Naggar, Roberts, Washington, and Comerchero Absent: o Councilmembers: None PRELUDE MUSIC The prelude music was provided by the Cutie Pies. INVOCATION The invocation was given by Rabbi Hurwitz of Chabad of Temecula Valley. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Councilman Washington. At this time, Alexandra Feliciano sang the National Anthem. PRESENT ATIONS/PROCLAMATIONS Recoanition of Temecula Vallev Bank on their Success and Achievina listina on the NASDAQ On behalf of Temecula Valley Bank, Ms. Joan Sparkman thanked the City Council for its recognition of Temecula Valley Bank's recent debut on the Nasdaq National Market. PUBLIC COMMENTS A. Via overheads, Ms. Diana Broderick, Temecula, requested that Sanderling Way and Starling Street be opened to provide better access to the neighborhood schools. B. Mr. Mike Kuhn, Temecula, spoke regarding the barricade at Kahwea Road and requested clarification as to who would be responsible for the installation of the barricade. In response to Mr. Kuhn's request, Mayor Comerchero advised that City Attorney Thorson had prepared a writ analysis of the legal explanations to the questions that have been brought forward by the public with regard to the Kahwea Road barricade, noting that the written analysis may be obtained from City Clerk Jones. C. Also requesting that Kahwea Road be opened, by way of slides, Ms. Barbara Buescher, Temecula, commented on the delay of an emergency vehicle arriving at her home due to this closure and noted that emergency vehicles should have access to the barricade. R:IMinutesl092705 I I I In response to Councilman Naggar's question, City Manager Nelson stated that on behalf of the Fire Department and Police Department, at this particular point in time, the barricade does not pose a public safety threat. D. Mr. Bill Harkins, Temecula, displayed photos of day workers loitering along the Butterfield Stage Road corridor and queried what solutions are being explored by the City to stop the loitering and questioned when possible solutions may be implemented. In response to Mr. Harkins' question, Mayor Comerchero relayed that the City will continue to seek solutions. CITY COUNCIL REPORTS A. Councilman Washington relayed that he had an opportunity to attend the Susan G. Komen Survivor Breakfast hosted by Pechanga Resort and Casino, noting that there were 250 attendees, and reminded the audience of the Annual Race for the Cure to be held on Sunday, October, 16, 2005. Thanking the participants and volunteers for their involvement with the Hurricane Katrina Unite2nite fund raiser held at South Coast Winery Resort and Spa on Friday, September 24, 2005, Councilman Washington advised that it was a successful event, raising approximately $150,000. B. Councilman Naggar thanked the Public Works Department for the installation of the new bus shelters and requested that the bus shelter for the senior housing community at Nicholas Road and Winchester Road be expedited. In response to Councilman Naggar's query, Mayor Comerchero noted that City staff is in the process of compiling information and that in the near future, a Granite Quarry Update will be forwarded to the City Council for discussion. Councilman Naggar expressed concern with the Soboba Tribe wanting to build a casino on land which is not Indian land reservation; advised that the Soboba Tribe has petitioned Congress to build a casino on this land; noted that if approved, such action would set an undesirable precedence as well as violate the will of the voters of Proposition 1A; and that if a casino were approved, he would suggest that $50 to $75 million dollars be allotted toward road mitigation. Mr. Naggar requested that the City Manager schedule a meeting between City of Temecula, City of Murrieta, County Supervisor Stone, and representatives of the Soboba Tribe to discuss the matter. C. Referencing Councilman Naggar's comment regarding the Soboba Tribe, Mayor Pro Tem Roberts addressed the difficulties with scheduling a meeting with the Soboba Tribe and advised that the Soboba Tribe has claimed that the proposed land of discussion had been annexed to the Soboba Tribe. Commenting on the success of the Film Festival, Mayor Pro Tem Roberts extended kudos to all those involved with the event. R:IMinutesl092705 2 I I I D. Councilwoman Edwards relayed that Rancho Community Church, in conjunction with other churches and civic organizations, sponsored an Operation Backpack Fund, advising that 14 tons of backpacks filled with supplies were shipped to the victims of Hurricane Katrina and that a Rancho Community Church fundraising concert was held which raised $25,000. Mrs. Edwards requested the formation of a Steering Committee to assist in coordinating the efforts of non-profit organizations. Commenting on a newspaper article regarding the Patch Program that the City of Poway offers to its youth, Councilwoman Edwards suggested the implementation of a similar program for the youth of this City. By way of various slides, Mrs. Edwards apprised the Councilmembers and the public of upcoming activities at the Children's Imagination Workshop, advising that more information could be obtained at www.pennvpickels.ora Councilwoman Edwards mentioned that Councilman Naggar and she had the opportunity to attend the U.S.S. Ronald Reagan's Chief Petty Officers' pinning ceremony and shared gifts with her fellow Councilmembers. E. Having attended the South Coast Winery Resort and Spa fund raiser and the Rancho Community Church concert, Mayor Comerchero thanked the community for making the City of Temecula a great place to live. Mayor Comerchero informed his fellow colleagues that the Riverside Transit Agency has a buddy system (Dial-a-Ride) for seniors and requested that Community Services Director Parker explore the possibility of implementing a similar program for the seniors of this City. 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 September 13, 2005. 3 Resolution approvina List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: R:\Minutesl092705 3 I I I RESOLUTION NO. 05-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Initiation of the process to establish a Tourism Business Improvement District amona Temecula and Wine Countrv hotels. motels. and bed and breakfasts to promote tourism in the Temecula Vallev RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 05-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO ESTABLISH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID), DECLARING ITS INTENTION TO LEVY AN ASSESSMENT ON LODGING BUSINESSES WITHIN SUCH DISTRICT FOR FISCAL YEAR 2006-07 AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF 4.2 Adopt a resolution entitled: RESOLUTION NO. 05-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING CONSENT OF THE COUNTY OF RIVERSIDE TO CREATE THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) 5 Completion and Acceptance of Construction Contract Citvwide Concrete Repairs FY2004-2005 Proiect No. PW05-03 RECOMMENDATION: 5.1 Accept the project, Citywide Concrete Repairs FY2004-2005 - Project No. PW05-03 as complete; 5.2 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; 5.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion, if no liens have been filed. R:IMinutesl092705 4 I I I 6 Contract Amendment for Schirmer Enaineerina RECOMMENDATION: 6.1 Approve the first amendment with Schirmer Engineering for an amount of $30,000. 7 Cable Television Franchise Transfer RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 05.99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONDITIONALLY AUTHORIZING (1) A TRANSFER OF CONTROL OF THE CABLE TELEVISION FRANCHISE FROM ADELPHIA COMMUNICATIONS CORPORATION TO COMCAST CABLE HOLDINGS, LLC; (2) AN ASSIGNMENT OF THE CABLE TELEVISION FRANCHISE BY COMCAST CABLE HOLDINGS, LLC, TO CAC EXCHANGE I, LLC; AND (3) A TRANSFER OF CONTROL OF CAC EXCHANGE I, LLC FROM COMCAST CORPORATION TO TIME WARNER CABLE INC. 7.2 Adopt a resolution entitled: RESOLUTION NO. 05-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING THE TERM OF THE NONEXCLUSIVE CABLE TELEVISION FRANCHISE AGREEMENT WITH ADELPHIA CABLE COMMUNICATIONS 8 Rancho California Water District Easement Deed within Kent Hinteraardt Memorial Park RECOMMENDATION: 8.1 Grant Utility Easement to Rancho California Water District for the perpetual easement and right-of-way for construction, operation, and maintenance of their facilities within Kent Hintergardt Memorial Park. 8.2 Authorize the City Clerk to record the Utility Easement Deed. 9 Community Grant Aareement with the Temecula Sister City Association RECOMMENDATION: 9.1 Approve a grant in the amount of $7,500 for the Temecula Sister City Association for fiscal year 2005-2006. R:IMinutesl092705 5 I I I MOTION: Councilman Washington moved to approve Consent Calendar Items Nos. 1-9. Mayor Pro Tem Roberts seconded the motion and electronic vote reflected unanimous approval. PUBLIC HEARINGS 10 Citvwide User Fee Increase RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 05-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING AN INCREASE IN CITYWIDE USER FEES Finance Director Roberts provided the City Council with a staff report (of written record), clarifying that the recommendation would be to add language in the resolution that would allow an automatic annual increase similar to the Development Impact Fee resolution, noting that costs charged to perform a service would not be greater than the costs incurred. Due to no speakers, the public hearing was closed. MOTION: Councilman Naggar moved to approve the staff recommendation, including the adoption of Resolution No. 05-101. Councilman Washington seconded the motion and electronic vote reflected unanimous approval. COUNCIL BUSINESS 11 Emeraencv Manaaement Overview RECOMMENDATION: 11.1 Receive and file. Senior Management Analyst Adams provided a brief staff report (of written record), noting that the following individuals are a part of the City's Emergency Management Team: . Police Captain Domenoe . Sergeant Kondrit . Fire Captain Windsor . Office Emergency Services representative Ms. Quigley · Temecula Citizen Corps. Program Administrators Hagel, Smith, and Beauchamp R:IMinutesl092705 6 I I I · American Red Cross representative Mr. Ayala . Temecula Valley Unified School District Ms. Gage and Ms. Jones · Guidant Corporation representative Mr. Lewis · Southern California Edison representative Mr. Lopez · The Gas Company representative Mr. Aspa · Rancho California Water District representative Mr. Walter · Rancho Springs Hospital representative Ms. Boland. Representing the Temecula Citizen Corps, Program Administrator Hagel encouraged all City residents to be self sufficient for 72 hours or longer. Mr. Smith, representing the Temecula Citizen Corps, advised the City Council of a recently scheduled City-wide Emergency Drill on Saturday, September 24, 2005, at Ken Hintergardt Park, Ronald Reagan Sports Park, Fire Station No. 84, Harveston Park, and Paloma Del Sol Park. In response to the City Council's questions, Senior Management Analyst Adams offered the following information: · That the nature of a disaster would dictate where emergency command posts would be located and where evacuation exit routes would be located; that, at this time, no exit routes have been predetermined · That in the event of a disaster, the City would be working with State Office of Emergency Service (OES), Police Department, and Fire Department to determine where and how to relocate citizens to safe areas . That City records are located at a remote location in San Diego, California · That the City has a mutual aid agreement in place with both the Sheriff's Department as well as the Fire Department to ensure that police and fire resources will be available; that the Emergency Operation Director would have official say as to where those resources may be needed · That City staff has met with staff representatives of KZSW television station; that the station would be broadcasting to the City in the event of a disaster · That during the September 24,2005, drill, the Reverse 9-1-1 System was implemented; that it properly functioned; that in the event of a disaster, designated gathering areas will be announced through the Temecula Citizen Corps, City's website, and through the Neighborhood Watch Program · That the State of California has three command posts in the Riverside County area which are mobile and equipped with a full communication system R:IMinutesl092705 7 I I I . That the City of Temecula has several small Red Cross trailers that are housed at Fire Station No. 84 which may be easily towed. The City Council requested that Senior Management Analyst Adams explore the following: · That predetermined exits routes be explored in more detail · That a mechanism be implemented to ensure City Council members are kept apprised of the latest information regarding a disaster and to identify roles of the City Council . That the Emergency Operation Center Plan be updated on an annual basis · That a command post between Temecula and Murrieta be established · That staff explore the possibility of seeking funds through grants to assist with the addition of more command posts · That efforts be explored to increase the participation of Temecula Citizen Corps and Neighborhood Watch Programs · That planned gathering areas be implemented such as churches, schools, and community centers in an event of a disaster. In response to Mr. Ward's concern, City Attorney Thorson clarified that State law along with an adopted City emergency ordinance, Emergency Operations Director Nelson in conjunction with Police and Fire Departments would have the resources available to him without having to directly seek authorization from the City Council. Ms. Eve Craig, Temecula, asked that in the event of a disaster, would the City have access to helicopters. In reference to Mrs. Craig's question, Fire Captain Windsor clarified that the Fire Department has an expanded emergency resource directory in place for local and Riverside County areas, advising that if helicopters were needed, they would be available. Councilman Naggar reiterated the importance of citizens being self sufficient for 72 hours in the event of a disaster. Echoing Councilman Naggar's comment, Councilwoman Edwards relayed that she would be hopeful that more Temecula citizens join their local Neighborhood Watch Program and/or the Temecula Citizen Corps program. The City Council thanked Senior Management Analyst Adams and the representatives of the Emergency Management Team for their updated report. It was the consensus of the City Council to receive and file this report. R:IMinutesl092705 8 12 City Council Meetina Schedule for December I RECOMMENDATION: 12.1 Direct the City Clerk to schedule December meetings and perform the appropriate postings and noticing requirements of the Government Code. City Clerk Jones presented a staff report (of record). MOTION: Mayor Pro Tem Roberts moved to approve scheduling one City Council meeting for the month of December and that this meeting be scheduled on December 13, 2005. Mayor Comerchero seconded the motion and electronic vote reflected unanimous approval. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT No additional comment. CITY ATTORNEY'S REPORT I There being no Closed Session, City Attorney Thorson advised that there are no actions to report. ADJOURNMENT At 9:19 P.M., the City Council meeting was formally adjourned to Tuesday, October 11, 2005, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: ~ tJ ~ ~ I R:IMinutesl092705 9