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HomeMy WebLinkAbout121305 CC Minutes I I I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL DECEMBER 13, 2005 The City Council convened in a Closed Session at 6:15 P.M. and at 7:00 P.M., the regular meeting on Tuesday, December 13, 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 Heritage Junior Ensemble. Mayor Comerchero invited the Ensemble to entertain the City Council and public with a 15-minute Christmas program. INVOCATION The invocation was given by Rabbi Yitzchock Hurwitz of Chabad of Temecula Valley. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Mayor Pro Tem Roberts. PRESENT ATIONS/PROCLAMATIONS At this time, Mayor Comerchero thanked Ms. Eve Craig for her efforts with providing and coordinating the Prelude Music for each City Council meeting. USS Ronald Reaaan Dav Proclamation Proclaiming December 13, 2005, as the USS Ronald Reagan Day, Mayor Comerchero thanked the crew of the USS Ronald Reagan for their generous contribution of volunteer time and manpower to improve the appearance of the Ronald Reagan Sports Park and for having adopted this park site as its own and, thereby, providing assistance to City staff in the maintenance, upkeep, and care of this 73-acre sports facility. At this time, Mr. Comerchero introduced Senior Chief Mario Panis, Chief Shane Montgomery, Chief Michael McCraken, Chief Chris Culp, Chief Johnny Long, and Chief Juan Swann to the City Council and public. In response to Council Member Naggar, Mayor Comerchero noted that a more permanent sign will be installed at the Ronald Reagan Sports Park. Chief McCraken, representing USS Ronald Reagan, thanked the City for its comarderie and on behalf of the Captain, extended appreciation for the proclamation and presented the City Council with gifts. R:\Minules\121305 I I I Presentation bv Lobbvist David Turch Advising that it has been another successful year, Mr. Turch referenced the Transportation Authorization Legislation for the next six years (approximately $3 million) and $700,000 in additional Transportation Appropriations Measure (has been signed by the President). In closing, Mr. Turch commended the City Council on its leadership and commented on the coordinated efforts of City Manager Nelson, Senior Management Analyst Adams, and City staff for its successes. PUBLIC COMMENTS A. Mr. Robert MacHa Ie, Temecula, apprised the City Council of the U.S. Mail delivery and identity theft problem in Temecula Valley. Mayor Comerchero requested that this matter be discussed with Police Chief Domenoe. B. Mr. Pete Ramos, Temecula, representing the American Legion 852 - Temecula Valley - informed the City Council Members of the Boys State Program which introduces the youth to State government. Mr. Ramos introduced one of the two individuals from Temecula Valley High School that was sent to Sacramento. Mr. Louis Munyoz, Temecula, shared his experience with the Boys State Program and the benefits he derived from his trip to Sacramento and thanked the American Legion for this opportunity. C. With regard to the opening of Sanderling and Starling Roads, Mr. John Wolf, Temecula, commented on the impact the opening of these roads will have on the residential neighborhoods by the redirection of traffic, noting that the negative impacts would not outweigh the benefits to certain residents. D. Mr. Richard Koralewski, Temecula, as well spoke against the opening of Sanderling and Starling Roads, commenting on the current traffic impacts and questioning whether the convenience of opening the roads would be worth the potential safety risk. E. Ms. Atishna Goodman, Temecula, echoing the previously made comments with regard to opening Sanderling and Starling Roads, as well expressed her opposition to opening the streets and presented a petition of opposition to the City Clerk, addressing the safety of the children walking to school. F. In his efforts to improve traffic circulation, Mr. Mike Kuhn, Temecula, again requested that the closed streets be opened; thanked the City Council for the recent traffic count study on Calle Pina Colada, noting that the average daily travel on this street was approximately 3,500 cars a day; stated that this residential street is functioning as an arterial road; and thanked Mr. Washington for the public being able to view future City Council meetings through Streaming Media G. Ms. Jayme Christian, Temecula, requested that the City Council stop the influx of outside traffic and that this matter be addressed. H. Describing her travel path to the schools because of the closed streets, Ms. Christy Heath, Temecula, relayed her support of the closure and requested that these streets remain closed. R:\Minules\ 121305 2 I I I I. Mr. Chris Wilson, Temecula, noted that a residential street is not intended to function as a release valve for the arterial streets and that its intent is to provide access to local housing; that if there are impacts on the arterial streets, changes to them must be made not to the residential streets; and that the safety and the security to the residents are compromised by any other action. CITY COUNCIL REPORTS A. Addressing some of the public comments, Council Member Washington addressed the City's recent amendment to its General Plan, referencing the Circulation Element and advising of the Council's opposition to connect North General Kearney through Meadowview (to which Mayor Pro Tem Roberts and he abstained) and the rejection of a policy to open all streets (to which he abstained). Because of his abstentions on these items, Mr. Washington further clarified his difficulty to respond to residents by way of his City Council email and potentially violating his conflict of interest; therefore, he recommended contacting him directly to discuss this matter and provide further clarification. In response to a previous comment, Mr. Washington stated that he has never knowingly or intentionally violated the Brown Act. Mr. Washington thanked the Community Services Department for the wonderful Holiday Light Parade and wished everyone a Merry Christmas and a Happy New Year. B. Addressing previously made public comments, Council Member Naggar stated that Calle Pina Colada is functioning as a residential collector; that no street in the City of Temecula has received more attention/more studies/more analysis than Calle Pina Colada; and that the recent traffic count study for Calle Pina Colada and La Serena was ordered by him and some of his City Council colleagues in an effort to determine to possibility of installing a traffic light. Mr. Naggar commended Mayor Comerchero on a jOb well during his mayorship and as well commended City Manager Nelson and City staff on a job well done. In closing, Mr. Naggar wished everyone a Merry Christmas. C. Reminiscing to 1993 when he was Mayor for the first time, Mayor Pro Tem Roberts commented on the first Christmas Tree Lighting Ceremony at Sam Hicks Park. Considering the time of the year, Mr. Roberts urged everyone to remember to love one another, noting that this time of the year could be a happy time for many and a difficult time for others and wished everyone a Merry Christmas and a Happy New Year. D. Remembering the first tree lighting ceremony in 1993 as well, Council Member Edwards noted that although the downpour of rain, residents were in attendance. In light of the growth of this community, she commented on the City's ability to retain its sense of community. Mrs. Edwards thanked those in attendance from the USS Ronald Reagan and for the relationship the City has formed with the USS Ronald Reagan crew and offered the City's assistance to the crew's families while the crew is in port or not in port. In closing, Mrs. Edwards wished everyone a Merry Christmas. E. As his last meeting as Mayor, Mayor Comerchero proclaimed that all crew members of the USS Ronald Reagan are residents of the City of Temecula. With regard to the potential construction of a Granite Quarry, Mr. Comerchero advised that the Environmental Impact Report process will take longer than had been anticipated (12-18 R:\Minules\ 121305 3 I I I months); noted that prior to the City rendering an opinion on the potential impacts to the City, the County will have to decide whether the application may require a Foundation Element change to the County's new General Plan. Mr. Comerchero expressed the importance of the County proceeding with a Foundation Element change and directed City Manager Nelson, with the concurrence of the City Council Members, to prepare a letter to the County to make that determination as soon as possible and detailing the City's point of view, based on its substantial impacts. In closing, Mr. Comerchero wished everyone a safe Happy and Safe Holiday Season and a Merry Christmas. 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 November 8, 2005. 3 Resolution aoorovina List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 05.115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Reoort as of October 31. 2005 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of October 31,2005. 5 Financial Statements for the three months ended Seotember 30. 2005 RECOMMENDATION: 5.1 Receive and file the Financial Statements for the Three Months Ended September 30, 2005; R:\Minules\ 121305 4 I I I 5.2 Approve an increase in Lease Revenue of $76,000 and approve an appropriation of $21,420 in General Fund for Old Town property operations; 5.3 Reduce Gas Tax Fund Operating Transfer Out by $137,137 and General Fund Operating Transfer In by the same amount; 5.4 Approve an increase in the Traffic Congestion Relief Revenue of $450,696 in State Transportation Fund. 6 Resolution of Suooort - HR 3507- Pechanaa Land Transfer (at the reauest of Council Member Edwards) RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 05-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING HR 3507 WHICH TRANSFERS APPROXIMATELY 990 ACRES OF LAND FROM THE BUREAU OF LAND MANAGEMENT (BLM), SAN DIEGO COUNTY & RIVERSIDE COUNTY INTO TRUST FOR THE PECHANGA BAND OF LUISENO INDIANS (Pulled for separate discussion; see page 8.) 7 Resolution of Suooort -Exoedited Imorovements to 1-215 (at the reauest of Council Member Naaaar) RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 05- 117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE RIVERSIDE COUNTY BOARD OF SUPERVISORS IN THEIR EFFORTS IN SEEKING EXPEDITED TRAFFIC IMPROVEMENTS TO INTERSTATE.215 BY THE STATE OF CALIFORNIA R:\Minules\ 121305 5 I I I 8 Tract Mao 24188-2.3 & F (located east of Meadows Parkwav. south of Pauba Road and west of Butterfield Staae Road) RECOMMENDATION: 8.1 Approve Tract Map No. 24188-2 in conformance with the Conditions of Approval, Subdivision Improvement Agreement, Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as security for the agreement; 8.2 Approve Tract Map No. 24188-3 in conformance with the Conditions of Approval, Subdivision Improvement Agreement, Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as security for the agreement; 8.3 Approve Tract Map No. 24188-F in conformance with the Conditions of Approval, Subdivision Improvement Agreement, Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as security for the agreement. 9 Authorize Temoorarv Street Closure for a Portion of Butterfield Staae Road between Rancho California Road and Ahern Place for the Installation of Rancho California Water District Connector Pioeline (RCWD Proiect No. 1276) RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 05.118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING A TEMPORARY STREET CLOSURE FOR A PORTION OF BUTTERFIELD STAGE ROAD BETWEEN RANCHO CALIFORNIA ROAD AND AHERN PLACE FOR A DURATION OF UP TO 21 DAYS TO ALLOW FOR INSTALLATION OF RCWD CONNECTOR PIPELINE (RCWD PROJECT NO. 1276) 10 Acceotance of certain Public Streets into the City-Maintained Street Svstem within Tract Mao No. 29133 (located on the east side of Ynez Road and north of Santiaao Road) RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 05-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 29133) R:\Minutes\121305 6 I I I 11 Parcel Mao 31711 (located east of Maraarita Road and north of De Portolo Road) RECOMMENDATION: 11.1 Approve Parcel Map No. 31711 in conformance with the Conditions of Approval; 11.2 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. (Pulled for separate discussion; see page 9.) 12 Comoletion and Acceotance of Construction Contract Bus Bench Uoarades - Proiect No. PW02-17 ., RECOMMENDATION: 12.1 Accept the Bus Bench Upgrades Project - Project No. PW02-17 - as complete; 12.2 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; 12.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. 13 Consultant Services Aareement for Enaineerina Desian Services for Rancho California Road Median Modifications between Interstate 15 and Ynez Road - Proiect No. PW05-04 RECOMMENDATION: 13.1 Approve an agreement with JMD in an amount not to exceed $31,135.00 to design Rancho California Road Median Modifications between Interstate 15 and Ynez Road - Project No. PW05-04 - and authorize the Mayor to execute the agreement; 13.2 Authorize the City Manager to approve extra work not to exceed the contingency amount of $3,113.50, which is equal to 10% of the agreement amount. (Pulled for separate discussion; see page 9.) 14 Second Amendment to the Professional Services Aareement for Survev Services with Cozad & Fox. Inc. for Various Caoitallmorovement Proiects for FY2005-2006 RECOMMENDATION: 14.1 Approve the Second Amendment to the Fiscal Year 2004-2005 Professional Services Agreement with Cozad & Fox, Inc. in the amount of $20,000 to provide as- needed survey services and authorize the Mayor to execute the amendment. R:\Minules\ 121305 7 I I I 15 First Amendments to Fiscal Year 2005-2006 Annual Citywide Routine Maintenance Contracts RECOMMENDATION: 15.1 Approve the First Amendment to the Fiscal Year 2005-2006 Annual Citywide Routine Maintenance Contract with Pacific Striping, Inc. for an amount of $95,000 and authorize the Mayor to execute the amendment; 15.2 Approve the First Amendment to the Fiscal Year 2005-2006 Annual Citywide Routine Maintenance Contract with Imperial Paving Company, Inc. in the amount of $200,000 and authorize the Mayor to execute the amendment. 16 Second Readina of Ordinance No. 05-16 (Transient Occuoancv Tax) RECOMMENDATION: 16.1 Adopt 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 MOTION: Council Member Washington moved to approve Consent Calendar Item Nos. 1-5, 7- 10, and 12, and 14-16 (Item Nos. 6,11, and 13 were pulled for separate discussion; see pages 8-9). The motion was seconded by Council Member Edwards and electronic vote reflected unanimous approval. CONSENT CALENDAR ITEMS CONSIDERED UNDER SEPARATE DISCUSSION 6 Resolution of Suooort - HR 3507- Pechanaa Land Transfer (at the reauest of Council Member Edwards) RECOMMENDATION: 6.2 Adopt a resolution entitled: RESOLUTION NO. 05-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING HR 3507 WHICH TRANSFERS APPROXIMATELY 990 ACRES OF LAND FROM THE BUREAU OF LAND MANAGEMENT (BLM), SAN DIEGO COUNTY & RIVERSIDE COUNTY INTO TRUST FOR THE PECHANGA BAND OF LUISENO INDIANS Having requested that this item be placed on the agenda, Council Member Edwards advised that Mayor Pro Tem Roberts has been instrumental in producing this item and, therefore, forwarded discussion to him. R:\Minutes\ 121305 8 I I I Mayor Pro Tem Roberts provided an overview of the proposed resolution and recommended support of it. Council Member Washington further noted that the acquired land would not interfere with the opportunity to add a new interchange to Interstate 15 and, therefore, expressed his support of the resolution. MOTION: Mayor Pro Tem Roberts moved to adopt Resolution No. 05-116. The motion was seconded by Council Member Washington and electronic vote reflected unanimous approval. 11 Parcel Mao 31711 (located east of Maraarita Road and north of De Portolo Road) RECOMMENDATION: 11.3 Approve Parcel Map No. 31711 in conformance with the Conditions of Approval; 11.4 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. Public Works Director Hughes requested that the staff recommendation be approved with the additional verbiage of subject to the final appro va/ of the conditions, covenants, and restrictions by the Planning Department. MOTION: Council Member Washington moved to approve staff recommendation with the recommended addition (as noted above). The motion was seconded by Council Member Edwards and electronic vote reflected unanimous approval. 13 Consultant Services Aareement for Enaineerina Desian Services for Rancho California Road Median Modifications between Interstate 15 and Ynez Road - Proiect No. PW05-04 RECOMMENDATION: 13.1 Approve an agreement with JMD in an amount not to exceed $31,135.00 to design Rancho California Road Median Modifications between Interstate 15 and Ynez Road - Project No. PW05-04 - and authorize the Mayor to execute the agreement; 13.2 Authorize the City Manager to approve extra work not to exceed the contingency amount of $3,113.50, which is equal to 10% of the agreement amount. Public Works Director Hughes provided an overview of the project and its timeframe, highlighting its effects on enhancing the flow of traffic and noting that this project should be completed in July 2006. In response to Council Member Edwards, Public Works Director Hughes advised that staff will attempt to obtain as much stacking distance as possible and save as many trees as possible. Although always requesting that trees be saved, Mayor Pro Tem Roberts expressed his understanding and the need of the proposed improvements but encouraged the retention of a few trees. R:\Minules\ 121305 9 I I I MOTION: Council Member Edwards moved to approve staff recommendation. The motion was seconded by Council Member Washington and electronic vote reflected unanimous approval. PUBLIC HEARING 21 AB1600 Annual Reoort 21.1 Receive and file the report. Assistant Finance Director Simpson reviewed the staff report (as per agenda material.) After opening the public hearing and there being on public input, the public hearing was closed. It was the consensus of the City Council to receive and file the report. 22 Formation of Tourism Business Imorovement District to Promote Tourism in the Temecula Vallev 22.1 Conduct a public hearing to consider protests regarding the formation of the Temecula Valley Tourism Business Improvement District; 22.2 Instruct the City Clerk to tabulate any written protests which might be received prior to the close of the public hearing regarding the formation of the proposed District. 22.3 If the City Clerk reports that there is not a majority protest received regarding this District, then request first reading and introduce the ordinance entitled: ORDINANCE NO. 05-17 AN ORDINANCE OF THE CITY OF TEMECULA ADDING CHAPTER 3.40 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT IN THE CITY OF TEMECULA 22.4 If the ordinance described in 3 above has been introduced, adopt the resolution entitled: RESOLUTION NO. 05-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA LEVYING AN ASSESSMENT FOR FISCAL YEAR 2006-2007 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT 22.5 If the ordinance described in 3 above has been introduced, adopt the resolution entitled: R:\Minules\ 121305 10 I I I RESOLUTION NO. 05-121 A RESOLUTION OF THE COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ADVISORY BOARD FOR THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT 22.6 If the ordinance described in 3 above has been introduced, approve the agreement entitled: MANAGEMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA VALLEY CONVENTION AND VISITORS BUREAU FOR THE OPERATION AND ADMINISTRATION OF TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT Assistant City Manager O'Grady highlighted the staff report, including the proposed recommendation (of record), advising that the proposed District would only pertain to the establishments within the City; that the funds collected through this District, if established, would be remitted to the City on a monthly basis; that, if approved, District operations and assessments would begin March 1, 2006; and that the City Council would consider the continuation of the District on a yearly basis. At this time, the public hearing was opened. Mr. Doug Leiber, representing Temecula Creek Inn, thanked the City for its efforts in supporting this process and wished everyone a Happy Holiday. Ms. Kimberly Adams, Executive Director of the Temecula Valley Convention Visitors' Bureau, thanked the City Council and City staff for its support and leadership with the proposed District. There being no additional speakers, the public hearing was closed. City Clerk Jones advised that the City had not received any written protests with regard to this District. Council Member Edwards, echoed by Mayor Comerchero and Council Member Washington, clarified that the proposed assessment is not a tax and thanked the Tourism community for its associated efforts. At this time, City Attorney Thorson introduced Ordinance No. 05-17. MOTION: Council Member Naggar moved to introduce Ordinance No. 05-17. The motion was seconded by Mayor Pro Tem Roberts and electronic vote reflected unanimous approval. MOTION: Council Member Washington moved to adopt Resolution Nos. 120 and 121 and to approve the Management Agreement. The motion was seconded by Council Member Edwards and electronic vote reflected unanimous approval. R:\Minules\ 121305 11 23 Temecula Reaional Hosoital I RECOMMENDATION: 23.1 Approve a request to continue the Public Hearing for the Temecula Regional Hospital Project to the City Council Meeting of January 24, 2006. MOTION: Council Member Edwards moved to continue the public hearing to the January 24, 2006, City Council meeting. The motion was seconded by Council Member Washington and electronic vote reflected unanimous approval. CITY MANAGER'S REPORT City Manager Nelson wished everyone a Merry Christmas and a Happy Holiday Season. Briefly reminiscing on 2005, City Manager Nelson shared projects that are planned for 2006. Mayor Comerchero thanked his Council colleagues, City Manager Nelson, and staff and the citizens of Temecula for making 2005 another wonderful year. CITY ATTORNEY'S REPORT City Attorney Thorson advised that there were no items to report from Closed Session. ADJOURNMENT I At 8:43 P.M., the City Council meeting was formally adjourned to Tuesday, January 10, 2006, 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: .. 1J '" I R:\Minules\ 121305 12