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Home My WebLink About092606 CC Minutes I I I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL SEPTEMBER 26, 2006 The City Council convened in Closed Session at 5:30 p.m. and its regular meeting commenced at 7:00 P.M., on Tuesday, September 26, 2006, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: 5 Council Members: Comerchero, Edwards, Naggar, Washington, and Mayor Roberts. Absent: o Council Members: None. PRELUDE MUSIC The Prelude Music was provided by Lauren Arasin. INVOCATION The invocation was given by Rabbi Hurwitz of Chabad of Temecula Valley. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Council Member Naggar. PRESENT ATIONS/PROCLAMATIONS Greek Heritaae Week Proclamation On behalf of the City Council of the City of Temecula, Mayor Roberts proclaimed September 24th through September 30th, 2006, to be Greek Heritage Week. Thanking the City Council for its proclamation, Vice-Chairperson of the Festival Vestakis, invited the public to attend the Greek Festival in Old Town. National Breast Cancer Awareness Month and Inland Emoire Race for the Cure Month Proclamation Mayor Roberts proclaimed October 2006, to be National Breast Cancer Awareness Month and Inland Empire Race for the Cure Month. In Appreciation of the City's continued sponsorship of the Race for the Cure, a representative was in attendance to accept the proclamation. PUBLIC COMMENTS A. Mr. Ray Waite, representing P&R Foundation, advised that the Temecula Fall Car Show will be held on October 6 and 7, 2006, in Old Town, Temecula. R:IMinutesl092606 I I I CITY COUNCIL REPORTS A. Having attended a Memorial Service for Battalion Chief Farris, Mayor Pro Tem Washington noted that the ceremony was moving and his legacy was outstanding. Mr. Washington extended Happy Birthday wishes to Board Member Harker. Mayor Pro Tem Washington also informed the public that the local high schools are collecting Socks for Soldiers, and those interested may donate at local high schools throughout Temecula. B. Council Member Edwards apprised the public of the passing of former Council Member, Patricia H. Birdsall, and advised that the Memorial Service will be held at Rancho Community Church on Saturday, September 30, 2006, at 11 :00 a.m. C. Council Member Comerchero noted that the Fitness in Temecula (F.I.T.) Program has ended and that the next session will begin in the near future. D. Mayor Roberts advised that the Intemational Music and Film Festival and the Concert on the Green was a success. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adootion Procedure RECOMMENDATION: 1.1 Motion to waive the reading text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of September 12, 2006. 3 Resolution aoorovina List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 06-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A R:IMinutes1092606 2 I I I 4 Termination of the Winchester Hills Financina Authority RECOMMENDATION: 4.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 06-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE TERMINATION OF THE WINCHESTER HILLS FINANCING AUTHORITY 5 Acceotance of certain Public Streets into the City-Maintained Svstem within Tract MaD No. 29286 (Located on the southeast corner of Date Street and Maraarita Road RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 06.82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 29286) 6 Authorize TemDorarv Street Closures for the Annual Temecula Fall Car Show & Old Town Cruise Event (Old Town Front Street. between Moreno Road and Second Street. and other related streets RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 06-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING STREET CLOSURES FOR THE ANNUAL TEMECULA FALL CAR SHOW EVENT, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT R:IMinutesl092606 3 I I I 7 Resolution of Intention to form an Underaround Utility District alona certain seaments of Old Town Front Street. Mercedes Street. and Main Street in Old Town Temecula RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 06-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO ESTABLISH UNDERGROUND UTILITY DISTRICT NO.2 AND ORDER THE REMOVAL OF OVERHEAD UTILITY FACILITIES AND THE INSTALLATION OF UNDERGROUND FACILITIES WITHIN SAID DISTRICT 8 Award the Construction Contract for Project No. PW06-08 Citywide Concrete ReDairs - Phase I Fiscal Year 2006-2007 RECOMMENDATION: 8.1 Award a construction contract for Project No. PW06-08, Citywide Concrete Repairs - Phase I Fiscal Year 2006-2007, to Victor Concrete in the amount of $102,300 and authorize the Mayor to execute the contract. 8.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $10,230, which is equal to 10% of the contract amount. 9 Second Readina of Ordinance No. 06-10 RECOMMENDATION: 9.1 Adopt an Ordinance entitled: ORDINANCE NO. 06-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA TOWN CENTER ASSOCIATES, L.P. R:IMinutesI092606 4 I I I 10 Second Readina of Ordinance No. 06-11 RECOMMENDATION: 10.1 Adopt an Ordinance entitled: ORDINANCE NO. 06.11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE TEMECULA REDEVELOPMENT PLAN 1-1988 PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6 MOTION: Council Member Comerchero moved to approve the Consent Calendar. Council Member Edwards seconded the motion and electronic vote reflected unanimous approval. At 7:29 p.m., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. The City Council resumed with regular business at 7:34 p.m. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 20 DeveloDment Code Amendment to allow Minor Weekend Promotional Events for Automobile and Truck DealershiDs (PA06-0258) RECOMMENDATION: 20.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 06.12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17.04 OF THE TEMECULA MUNICIPAL CODE TO ALLOW MINOR WEEKEND PROMOTIONAL EVENTS FOR AUTOMOBILE AND TRUCK DEALERSHIPS Principal Planner Brown provided a staff report (of written material), noting that the Planning Commission recommended staff approval subject to a three-year Sunset Clause. In response to the City Council, City Attorney Thorson stated that the updated ordinance (copies submitted to the Council) would retain Section 17.04.020 with regard to the Sunset Clause. City Manager Nelson advised that the Planning Commission's vote with regard to the Sunset Clause was unanimous. Principal Planner Brown noted that thus far, there have only been a few written warnings issued by Code Enforcement to dealerships and noted that they were responsive. At this time, the public hearing was opened. R:IMinutesl092606 5 I Mr. Isaac Lizarraga, applicant, relayed the importance of the proposed Development Code Amendment and stated he would be satisfied with the three-year Sunset Clause as requested by the Planning Commission. At this time, the public hearing was closed. Noting that he would be in agreement of staff's recommendation, Council Member Naggar stated that he would support see the need for a three-year Sunset Clause and requested that penalties for violations be strictly enforced. Concurring with Council Member Naggar's comments, Council Member Edwards noted that she would request that the dealerships continue to police each other. Echoing comments made by Council Member Naggar and Edwards, Council Member Comerchero would request that staff provide monthly reports regarding any violations. Mayor Pro Tem Washing and Mayor Roberts relayed their support for the proposed changes as recommended by staff, but would not be in support of a sunset clause. At this time, City Attorney Thorson introduced and read by only Ordinance No. 06-12. I MOTION: Council Member Naggar moved to approve staff recommendation and encouraged use of the civil penalties to address violations. Mayor Pro Tem Washington seconded the motion and electronic vote reflected unanimous approval. 21 Weed Abatement Lien Resolution for FY 2006-2007 Principal Planner Brown provided a staff report (of record), requesting that Parcel No. 945-110- 008 be deleted from staff's report. At this time, the public hearing was opened and due to no speakers, it was closed. MOTION: Mayor Pro Tem Washington moved to approve staff recommendation. Council Member Naggar seconded the motion and electronic vote reflected unanimous approval. RECOMMENDATION: 21.1 Adopt a resolution entitled: RESOLUTION NO. 06-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENT AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION FOR THE FISCAL YEAR 2006.2007 DEPARTMENTAL REPORTS I 22 Plannina Department Monthlv Reoort R:\MinutesI092606 6 23 Economic DeveloDment Monthlv Report I 24 Buildina and Safety Department Monthlv ReDort 25 Public Works DeDartmental Monthlv ReDort 26 Police Department Monthlv Report CITY MANAGER REPORT No additional comments. CITY ATTORNEY REPORT With respect to closed session, City Attorney Thorson advised that there was no formal action to report, and advised that Council Member Comerchero did not participate in potential litigation matters due to conflict of interest. ADJOURNMENT At 8:16 p.m., the City Council meeting was formally adjourned to Tuesday, October 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. I A_G~ Ron Roberts, Mayor ATTEST: t"> n_ I R:\MinutesI092606 7