HomeMy WebLinkAbout112205 CC Minutes
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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.
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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.
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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.
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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:
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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.
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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:
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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
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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.
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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:
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