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HomeMy WebLinkAbout112205 CC Minutes I I I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL NOVEMBER 22, 2005 The City Council convened in a Closed Session at 6:30 P.M. and at 7:00 P.M., the regular meeting on Tuesday, November 22, 2005, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California, was convened. Present: 5 Council Members: Edwards, Naggar, Roberts, Washington, and Comerchero Absent: o Council Members: None PRELUDE MUSIC The prelude music was provided by Joshua Jurkosky and Ashley Boyles. INVOCATION The invocation was given by Pastor Ron Bold of Community Church of the Valley. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Council Member Edwards. PRESENTATIONS/PROCLAMATIONS Communitv Candleliaht Tribute Proclamation Ms. Harkey, Ms. Mejia, Ms. Beaudet, and Mr. Wimberly were in attendance to accept the proclamation and expressed appreciation to the City Council for recognizing the importance of this upcoming event and welcomed the public to this community event on Saturday, December 3, 2005, at 5:00 P.M., at the Promenade Mall and invited the community to bring an unwrapped Christmas toy for Katrina Kids. National Familv Week Proclamation Ms. Lanae Trejo, representing the Church of Jesus Christ of Latter Day Saints, thanked the City Council for its recognition of this proclamation and encouraged the strengthening of families. Recoanition of Police Canine. Kaos. for receivina the "Top 000" Award Advising the City Council and the public of the Riverside County Sheriff's Department 10th Annual Canine Team Trials, Lt. Wait recognized Corporal Cohen and his canine partner, Kaos, for being awarded the Top Dog Award. At this time, Mayor Comerchero advised that Item No. 26 (Continuation of Temecula Regional Hospital Public Hearing) will be continued to the December 13, 2005, City Council meeting. R:\Minutes\112205 I I I PUBLIC COMMENTS A. Ms. Shari Crall, Temecula, representing the Church of Jesus Christ of Latter Day Saints, invited the City Council Members to the Third Annual Community Creche Festival on December 9 and 10, 2005, at the North General Kearney Church, advising that over 300 to 400 nativity scenes will be displayed. B. Mr. George DiLeo, Temecula, commented on the current high-speed of traffic and its associated noise impacts on SR 79 South and requested that since this route now falls within the City's jurisdiction that measures be taken to mitigate those issues. With regard to the proposed hospital, Mr. DiLeo expressed his support of a hospital but not at the proposed location in an effort to protect his and his neighbors' quality of life. C. Supporting the City Council's decision to keep Sanderling and Starling Streets as closed streets, Ms. Toby Leon, Temecula, commented on the safety of the children and requested that these roads remain closed. D. Applauding the City Council for its decision to keep Sanderling and Starling Roads closed, Ms. Kathryn Budd, Temecula, thanked the City Council for its continued efforts toward the betterment of the entire City. E. Although appreciating the Council's efforts toward the betterment of the entire community, Ms. Suzanne Zychowicz, Temecula, requested that all roads be opened and that North General Kearney be completed. Addressing the recent General Plan process, Ms. Zychowicz stated that the Planning Commission had voted to open all closed roads; that the General Plan Advisory Committee as well voted to open all closed roads and to complete North General Kearney; and, therefore, requested that the Council support the decisions to open all roads. F. Thanking the City Council for the recent traffic study completed for Calle Pina Colada, Ms. Diana Broderick, Temecula, noted that car counting took place for approximately a 48-hour period; requested that the barricade on Kahwea Road be eliminated in order to create a direct neighborhood route; stated that the installation of a traffic light or a two-way stop at Calle Pina Colada will not solve the problem of too much traffic on a few streets and none on the others; and encouraged the Council to visit callingallneighbors.com. G. In response to City Attorney Thorson's legal response, Mr. Mike Kuhn, Temecula, relayed his opposition with regard to Lot P. H. Noting that the Meadowview area is not a private community and that his tax dollars built North General Kearney, Kahwea, and Sanderling, and as well, without his approval, also paid for the existing barricade, Mr. Tom Kenne, Temecula, noted that the City's tax dollars paid for a professional consultants to study the traffic issues in order to make recommendations to the City Council for implementation; advised that the recommendation to open the closed streets were apparently ignored by the City Council; and requested that the closed streets be opened. I. Ms. Jayme Christian, Temecula, expressed her desire to open the closed streets or to close Calle Pina Colada. R:\Minutes\ 112205 2 I I I J. Addressing the tremendous amount of traffic on Calle Pina Colada, Mr. Reeves Mollman, Temecula, requested that the City Council develop a solution that would allow all residents to retain the quality of life that both views (opened or closed streets) are talking about. K. With respect to the proposed installation of a traffic signal at Calle Pina Colada and La Serena, Mrs. Anne Mollman, Temecula, voiced her opposition and noted that the traffic volume will be further intensified. In an effort to be fair, Mrs. Mollman requested the closure of Calle Pina Colada or the opening of the existing closed streets. L. Living near Harveston Lake, Ms. Dianna Joseph, Temecula, apprised the Council of two swans that are living at the lake; noted that Animal Control, on several occasions, has tried to catch the swans; and requested that the Harveston community be permitted to retain the swans at the lake. In response to Ms. Joseph, Mayor Comerchero advised that staff is aware of the existing swans and that staff is working on resolving the matter in the most appropriate manner. As a result of many public comments related to Calle Pina Colada and Kahwea Road, Mayor Comerchero read a statement, dated November 22, 2005, into the record (as per written material) which was prepared by him, the City Attorney, and staff. CITY COUNCIL REPORTS A. As a resident on Kahwea Road, Councilman Washington noted that he moved to his residence on Kahwea Road in 2001; that Kahwea Road was built and accepted in 1997; and that he, at any time, privately, not publicly, would be willing to share his opinion regarding Kahwea Road. With regard to the recent Youth in Government Program, Mr. Washington provided an overview of the program; thanked City Manager Nelson, City Clerk Jones, and School District representative Danielle Clark for their efforts associated with the preparation of this program. Commenting on a number of cities offering such a service, Mr. Washington requested that City Manager Nelson explore and prepare a report with regard to recorded City Council meetings/live City Council meetings - stored or broadcast over the Internet. Mr. Washington as well requested a report with regard to posting the entire City Council agenda packet (including agenda reports) on the Internet. In closing, Mr. Washington extended a warm thanks to his friend Joe as well as many other veterans who have served this country. B. For Councilman Naggar, City Clerk Jones clarified that residents are no longer required to provide their addresses while addressing the City Council. Referencing a recent survey, Mr. Naggar informed the public that the City of Temecula was rated as the 16th safest City in the State of California and 62nd safest City in the Nation. C. Also recognizing Veterans' Day, Council Member Edwards commented on the relationship the City of Temecula has evolved with the men and women of the USS Ronald Reagan which has resulted in the crew of the USS Ronald Reagan adopting the City's Ronald Reagan Sports Park as the official park of the crew of the USS Ronald Reagan. R:\Minutes\ 112205 3 I I I With regard to the concerns expressed about Calle Pina Colada, Council Member Edwards noted that although sadly, this road functions the way it was designed by the County; that the City Council had added speed bumps to address the residents' concerns; that these speed bumps were not effective and the City then paid for the removal of these speed bumps; and encouraged individuals traveling down Calle Pina Colada to remember that families live on this street. 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 approvina List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 05-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 Liabilitv Insurance Renewal RECOMMENDATION: 3.1 Approve the City of Temecula Liability Insurance Policy Renewal with Clarendon America Insurance Company/Arch Specialty Insurance Company, in the amount of $278,901 for general and excess liability insurance for the period of December 1, 2005, through December 1, 2006. 4 Resolution of Support for SB 621 Indian Gamino Mitiaation Grant Aareement RECOMMENDATION: 4.1 Adopt a resolution entitled: R:\Minutes\ 112205 4 I I I RESOLUTION NO. 05-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, APPROVING THE AGREEMENT WITH RIVERSIDE COUNTY INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE (CBC) ACCEPTING GRANT FUNDS IN THE AMOUNT OF $343,760.44 FOR ADDITIONAL POLICE PERSONNEL 4.2 Adopt a resolution entitled: RESOLUTION NO. 05-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, APPROVING THE AGREEMENT WITH RIVERSIDE COUNTY INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE (CBC) ACCEPTING GRANT FUNDS IN THE AMOUNT OF $2,309,343.33 FOR THE ULTIMATE IMPROVEMENTS TO THE INTERCHANGE AT 1.15/79 SOUTH Mayor Pro Tem Roberts advised the citizens of the cooperative efforts between the Pechanga Indian Reservation, Tribal Council, and the City of Temecula, noting that the City will receive approximately $3 million for additional Police personnel and approximately $2 million for the ultimate improvements to Interchange at 1-15/79 South, noting that the Tribal Council as well donated $1.5 million to the Boys and Girls Club to assist with building additional facilities. 5 Construction Aareement and Lease Extension for the Mall Police Storefront RECOMMENDATION: 5.1 Approve a contract with Royal Pacific Construction, Inc. in the amount of $235,887 plus a 10% contingency of $23,589 for the construction of the Police Storefront at the Promenade Mall, contingent upon an executed lease agreement with Forest City; 5.2 Approve the First Amendment to License Agreement (City of Temecula Police Sub- Station at the Promenade in Temecula) with Forest City Commercial Management, Inc., acting as authorized agency for Temecula Town Center Associates, LP, which increases the remaining storefront lease time by five additional years; 5.3 Approve the First Amendment to Amended and Restated Agreement for Partial Funding of Police Services by and between the City of Temecula and Forest City Commercial Management, Inc.; 5.4 Approve an appropriation of $169,476 from Development Impact Fees, Police Facilities. R:\Minutes\ 112205 5 I I I 6 Tract Map No. 32319. Located East of Pechanaa Parkway. South of Wolf Vallev Road. in the Wolf Creek Specific Plan No. 12 EIR RECOMMENDATION: 6.1 Approve Final Tract Map No. 32319 in conformance with the Conditions of Approval; 6.2 Approve the Subdivision Improvement Agreement; 6.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as security for the agreement. 7 Award the Construction Contract for Proiect No. PW02-18 - Rainbow Canyon Guardrail Installation and Replacement. Federal Proiect No. STPLHG-5459(016) RECOMMENDATION: 7.1 Award a construction contract for Project No. PW02-18 - Rainbow Canyon Guardrail Installation and Replacement - to D.C. Hubbs Construction in the amount of $245,325.00 and authorize the Mayor to execute the contract; 7.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $24,532.50, which is equal to 10% of the contract amount. 8 Maintenance Aareement - Habitat West. Inc. - Lona Canyon Detention Basin - Proiect No. PW01-05 - Chanae Order No.1 RECOMMENDATION: 8.1 Approve Contract Change Order No. 1 to the Maintenance Agreement for Project No. PW01-05 - Long Canyon Detention Basin - with Habitat West, Inc. in the amount of $22,141.50 and authorize the Mayor to execute the Change Order; 8.2 Approve a transfer of $22,141.50 from the Long Canyon Detention Basin Access Road Project to the Environmental Habitat Long-Term Maintenance Project account. 9 Authorize Temporarv Street Closures for Temecula's Holidav Liaht Parade on December 2. 2005 and Deleaate Authoritv to issue Special Events/Street Closures Permit to the Director of Public Works/Citv Enaineer RECOMMENDATION: 9.1 Adopt a resolution entitled: R:\Minutes\ 112205 6 I I I RESOLUTION NO. 05-113 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 DIAZ ROAD FOR TEMECULA'S HOLIDAY LIGHT PARADE ON DECEMBER 2, 2005, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES. MOTION: Council Member Naggar moved to approve Consent Calendar Item Nos. 1-9. The motion was seconded by Council Member Edwards and electronic vote reflected unanimous approval. PUBLIC HEARING 26 Continuation of Temecula Reaional Hospital Public Hearina RECOMMENDATION: 26.1 Open the public hearing and continue the public hearing for the Temecula Regional Hospital Project until the next scheduled City Council Meetinguf December 13, 2005. MOTION: Council Member Naggar moved to continue the public hearing to the December 13, 2005, City Council meeting. The motion was seconded by Mayor Pro Tem Roberts and electronic vote reflected unanimous approval. COUNCIL BUSINESS 27 Amend Chapter 3.20 of the Temecula Municipal Code relatina to Transient Occupancy Tax RECOMMENDATION: 27.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 05.16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 3.20 OF THE TEMECULA MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAX 27.2 Adopt a resolution entitled: RESOLUTION NO. 05-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A STANDARD FORM TO CLAIM EXEMPTION FROM THE TEMECULA TRANSIENT OCCUPANCY TAX R:\Minutes\ 112205 7 I I I Assistant Finance Director Simpson reviewed the agenda report (as per agenda material), advising that the current Transient Occupancy Tax rate of 8% will not change. There being no public speakers with regard to this matter, City Attorney Thorson introduced Ordinance No. 05-16 and read the ordinance by title only. MOTION: Council Member Naggar moved to introduce Ordinance No. 05-16 and to adopt Resolution No. 05-114. The motion was seconded by Council Member Edwards and electronic vote reflected unanimous approval. 28 Appointment of Mavor and Mavor Pro Tem for Calendar Year 2006 RECOMMENDATION: 28.1 Entertain motions from the City Councilmembers to appoint the Mayor to preside, effective January 1, 2006, to the end of Calendar Year 2006; 28.2 Entertain motions from the City Councilmembers to appoint the Mayor Pro Tem, effective January 1, 2006, who will assume the duties of the Mayor in the Mayor's absence, and hold this office until the end of the Calendar Year 2006. MOTION: Council Member Naggar moved to appoint Mayor Pro Tem Roberts to serve as Mayor for 2006. The motion was seconded by Mayor Comerchero and electronic vote reflected unanimous approval. MOTION: Mayor Pro Tem Roberts moved to appoint Council Member Washington to serve as Mayor Pro Tem for 2006. The motion was seconded by Mayor Comerchero and electronic vote reflected unanimous approval. Both Mayor Pro Tem Roberts and Council Member Washington thanked and expressed appreciation to the City Council for its nominations of support. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT City Manager Nelson wished everyone a Happy Thanksgiving. CITY ATTORNEY'S REPORT City Attorney Thorson advised that there was nothing to report from Closed Session. R:\Minutes\ 112205 B I I I ADJOURNMENT At 8:16 P.M., the City Council meeting was formally adjourned to Tuesday, December 13, 2005, 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. ATTEST: R:\Minutes\ 112205 9