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HomeMy WebLinkAbout121107 CC Minutes - I I I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL DECEMBER 11, 2007 The City Council convened in Closed Session at 6:15 p.m. and its regular meeting commenced at 7:00 p.m., on Tuesday, December 11, 2007, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Council Members: Comerchero, Edwards, Naggar, Roberts, and Mayor Washington Absent: Council Members: None. PRELUDE MUSIC The prelude music was provided by The Heritage Youth and Beginning Ensembles. INVOCATION The invocation was provided by Pastor Leon Franklin of Living Word Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Mayor Pro Tem Naggar. PRESENTATIONS/PROCLAMATIONS Temecula Vallev Soccer Association Dav Thanking Temecula Valley Soccer Association (TVSA) for providing youth soccer programs in the Temecula Valley, Mayor Washington proclaimed December 12, 2007, to be Temecula Valley Soccer Association Day. Representatives of the Temecula Valley Soccer Association thanked the City for its recognition. Proclamation for Coach Bud Kane Honoring Coach Bud Kane for being an inspirational leader and positive influence to students through the years, Mayor Washington on behalf of the City Council, proclaimed December 11, 2007, to be Bud Kane Day. Coach Kane thanked the City Council for its recognition. In appreCiation for her many years of providing prelude music at City Council meetings, Mayor Washington presented Ms. Eve Craig with flowers. Ms. Craig thanked the City Council for the flowers and wished everyone a Merry Christmas and Happy New Year. RlMinutes\121107 - I PUBLIC COMMENT A. Ms. Ablia Miller, Temecula, spoke regarding the concerns of global warming and encouraged Temecula residents to ride the bus. CITY COUNCIL REPORTS A. Thanking those who sent well wishes and flowers during the time of his surgery and recovery, Council Member Roberts commented on the excellent care he had received at Regional Medical Center, and noted that he will be discussing issues the medical center is facing with the Third District. B. Council Member Comerchero welcomed Council Member Roberts back to the dais. Relaying the success of the Winter Wonderland event held at the Children's Museum, Council Member Comerchero thanked staff for its efforts in implementing the event. Council Member Comerchero also provided a brief update with respect to Consent Calendar Item No. 16 regarding WRCOG's efforts to facilitate Electrical Rates, and advised Temecula residents that staff is currently working to facilitate better emergency communication and will provide more information in the future. C. Reflecting on the past year as Mayor, Mayor Washington commended his colleagues; his wife, Cathy; staff members at First Centennial Bank; and staff for a great year. CONSENT CALENDAR I 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: I 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 6,2007. (Council Member Comerchero abstained from this item.) 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 07-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A R:lMinutes\121107 2 - I I I 4 Financial Statements for the Three Months Ended September 30. 2007 RECOMMENDATION: 4.1 Receive and file the Financial Statements for the three months ended September 30, 2007. 5 Citv Treasurer's Report as of October 31. 2007 RECOMMENDATION: 5.1 Approve and file the City Treasurer's Report as of October 31, 2007. 6 Citv of Temecula Proposed Certificates of Participation - Desianation of Consultants RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 07-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING CONSULTANTS IN CONNECTION WITH THE PROPOSED EXECUTION AND DELIVERY OF CERTIFICATES OF PARTICIPATION TO FINANCE A PORTION OF THE CONSTRUCTION OF A NEW CIVIC CENTER FACILITY AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO 7 Extension of Contract for Union Bank Bankina Services RECOMMENDATION: 7.1 Approve a five-year extension of the City's contract for banking services with Union Bank of California, N.A.; 7.2 Authorize the City Manager and City Attorney to execute all necessary agreements. 8 FY 2007-08 Communitv Service Fundina Proaram Grant Recommendation to Music Heritaae. Inc. RECOMMENDATION: 8.1 Approve the FY 2007-08 Community Service Funding Program grant recommendation to Music Heritage, Inc. in the amount of $4,000. (Mayor Pro Tem Naggar abstained from this item.) 9 Purchase of Police Motorcvcles RECOMMENDATION: 9.1 Approve the purchase of one (1) Harley-Davidson FLHP W/ABS from Quaid Harley- Davidson in the amount of $21,920.99; one (1) BMW R1200 RT-P from BMW R:lMinutes\121107 3 - I I I Motorcycles of North County in the amount of $23,695.73; and, one (1) Honda ST 1300 P from Callaway Motorsports in the amount of $24,177.91. 10 Aareement for Consultina Services between the Citv of Temecula and Plan Net Consultina for the Old Town Civic Center IS Master Plan RECOMMENDATION: 10.1 Award a contract with PlanNet Consulting for IS master planning services in the amount of $144,795.00 and authorize the Mayor to execute the contract; 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $14,479.50, which is equal to 10% of the contract amount. 11 Second Amendment to the Professional Services Agreement with LGC Inland. Inc. for Geotechnical and Material Testina Services - Verizon Fiber Optic Proiect RECOMMENDATION: 11.1 Approve the Second Amendment to the Professional Services Agreement with LGC Inland, Inc. in an amount not to exceed $68,000.00 to provide 16 hours per week of geotechnical & material testing services for the Verizon Fiber Optic Project through June 30, 2008, and authorize the Mayor to execute the Amendment to the Agreement; 11.2 Approve an appropriation of $43,000.00 to the General Fund Land Development Department Budget. 12 Parcel Map No. 30169 - Vernaccia Vinevards RECOMMENDATION: 12.1 Approve Parcel Map No. 30169 in conformance with the Conditions of Approval; 12.2 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Materials Bonds as security for the agreement; 12.3 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. 13 Eighth Amendment to the Consultina Aareement with Moffat & Nichol Enaineers for French Vallev Parkwav/lnterstate 15 Overcrossina and Interchange Improvements - Proiect No. PW02-11 RECOMMENDATION: 13.1 Approve the Eighth Amendment to the consulting agreement with Moffatt & Nichol Engineers in an amount not to exceed $1,087,300.00 for additional services necessary to provide Utility Support and Potholing for the French Valley Parkway I Interstate-15 Over-Crossing and Interchange Improvements - Project No. PW02-11; and authorize the Mayor to execute the amendment to the agreement; R:lMinutes\121107 4 - I I I 13.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount which is increased by $108,730.00, which is equal to 10% of the eighth amendment amount. 14 Authorize Temporarv Street Closures for Santa's Electric Lioht Parade on December 14. 2007. and deleoate authoritv to issue Special Events/Street Closures Permit to the Director of Public Works RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 07-103 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 SANTA'S ELECTRIC LIGHT PARADE ON DECEMBER 14, 2007 (RESCHEDULED), AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 15 Construction of a Reclaimed Water Line on Pechanoa Parkwav to serve the Pecha no a Resort and Casino - at the reouest of Mavor Pro Tem Naooar RECOMMENDATION 15.1 Receive and file this report. Consent Calendar Item No. 15 was pulled for discussion: see pace 6 16 Support WRCOG's Efforts to Facilitate Electrical Rate Restructurino for the WRCOG Subregion (at the Reouest of Mavor Washinotonl RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 07-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING WESTERN RIVERSIDE COUNCIL OF GOVERNMENT'S (WRCOG'S) EFFORTS TO FACILITATE ELECTRICAL RATE RESTRUCTURING FOR THE WRCOG SUBREGION WITH THE DEVELOPMENT OF A COUNTER PROPOSAL TO SOUTHERN CALIFORNIA EDISON (SCE) AND/OR LEGISLATIVE CHANGES NEEDED TO ACHIEVE AN EQUITABLE SOLUTION R:lMinutes\121107 5 - I I I 17 Declaration of Emeroencv for Drainage Channel behind Temecula Communitv Recreation Center due to Floodino RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 07-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING THE EXISTENCE OF A LOCAL EMERGENCY UNDER GOVERNMENT CODE SECTION 8630 AND CHAPTER NO. 2.56 OF THE TEMECULA MUNICIPAL CODE 18 Second Readino of Ordinance No. 07-18 RECOMMENDATION: 18.1 Adopt an Ordinance entitled: ORDINANCE NO. 07-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA LEVYING SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 88-12 OF THE CITY OF TEMECULA (YNEZ CORRIDOR) MOTION: Council Member Comerchero moved to approve Consent Calendar Item Nos. 1-14 and 16-18 and pulled No. 15 for separate discussion. Council Member Edwards seconded the motion and electronic vote reflected approval with the exception of Mayor Pro Tem Naggar who abstained from Item No. 8 and Council Member Roberts who abstained from Item No. 2.1. Consent Calendar Item No. 15 considered under separate discussion 15 Construction of a Reclaimed Water Line on Pechanga Parkwav to serve the Pecha no a Resort and Casino - at the reouest of Mavor Pro Tem NaQoar RECOMMENDATION 15.2 Receive and file this report. Director of Public Works Hughes provided a staff report (of record). Mayor Pro Tem Naggar thanked the Pechanga Tribal Council for its efforts with respect to this project and requested that staff mail notification letters to surrounding residents as to what the expectations will be for the project. City Manager Nelson relayed the benefits of staffs recommendation and advised that the Public Works Department will be working with the Pechanga Tribe to ensure that adjacent residents are notified of the upcoming construction as well as construction hours. Council Member Comerchero requested that the notification process include the estimated completion date of the project. R:\Minutes\121107 6 - I I I MOTION: Council Member Roberts moved to approve Consent Calendar Item No. 15. Mayor Pro Tem Naggar seconded the motion and electronic vote reflected unanimous approval. Mayor Washington updated the public on the City's reverse 911 cell phone notification system. At 8:08 p.m., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 8:23 p.m., the City Council resumed with regular business. PUBLIC HEARING 29 AB 1600 Financial Reports RECOMMENDATION: 29.1 Approve the AB 1600 Financial Reports. Assistant Director of Finance Simpson provided a staff report (of record). At this time, the public hearing was opened and due to no speakers, it was closed. MOTION: Mayor Pro Tem Naggar moved to approve staff recommendation. Council Member Comerchero seconded the motion and electronic vote reflected unanimous approval. 30 Amendment of the California Buildino Codes RECOMMENDATION: 30.1 Adopt an resolution entitled: RESOLUTION NO 07-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE 2007 CALIFORNIA BUILDING, PLUMBING, MECHANICAL AND ELECTRICAL CODES, AS ADOPTED BY THE CITY OF TEMECULA, ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS 30.2 Second reading and adoption of the ordinance introduced November 6, 2007 entitled: ORDINANCE NO. 07-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING BY REFERENCE THE 2007 EDITION OF THE CALIFORNIA BUILDING CODE; THE 2007 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE 2007 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 2007 EDITION OF THE CALIFORNIA ELECTRICAL CODE; THE 2007 EDITION OF THE CALIFORNIA ADMINISTRATIVE CODE; AND THE 2007 CALIFORNIA ENERGY CODE, TOGETHER WITH CERTAIN AMENDMENTS AND DELETIONS, AND AMENDING TITLE 15 OF THE TEMECULA MUNICIPAL CODE RlMinutes\121107 7 - I I I 30.3 Reading and adoption of the urgency ordinance entitled: ORDINANCE NO. 07-19 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING BY REFERENCE THE 2007 EDITION OF THE CALIFORNIA BUILDING CODE; THE 2007 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE 2007 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 2007 EDITION OF THE CALIFORNIA ELECTRICAL CODE; THE 2007 EDITION OF THE CALIFORNIA ADMINISTRATIVE CODE; AND THE 2007 CALIFORNIA ENERGY CODE, TOGETHER WITH CERTAIN AMENDMENTS AND DELETIONS, AND AMENDING TITLE 15 OF THE TEMECULA MUNICIPAL CODE; AND DECLARING THE URGENCY THEREOF Director of Building and Safety Harold provided a staff report (of written record). At this time, the public hearing was opened and due to no speakers, it was closed. At this time, City Attorney Thorson introduced and read by title only Ordinance 07-19. MOTION: Mayor Pro Tem Naggar moved to approve staff recommendation. Council Member Comerchero seconded the motion and electronic vote reflected unanimous approval. CITY COUNCIL BUSINESS 31 Appointment of Mavor and Mavor Pro Tem for Calendar Year 2008 RECOMMENDATION: 31.1 Entertain motions from the City Council Members to appoint the Mayor to preside, effective January 1, 2008, to the end of Calendar Year 2008; 31.2 Entertain motions from the City Council Members to appoint the Mayor Pro Tem, effective January 1, 2008, who will assume the duties of the Mayor in the Mayor's absence, and hold this office until the end of Calendar Year 2008. The City Council commended Mayor Washington for his leadership and accomplishments for Calendar Year 2007. MOTION: Council Member Comerchero nominated Mayor Pro Tem Naggar to serve as Mayor and Council Member Edwards to serve as Mayor Pro Tem for Calendar Year 2008. Mayor Washington seconded the motion and electronic vote reflected unanimous approval. Mayor Washington reflected on high school and middle school events that he had attended during his year as Mayor. R:lMinutes\121107 8 - I I I 32 Amendment of T emecula Redevelopment Plan No. 1-1988 Repealino the Redevelopment Plan's Time Limit on the Establishment of Loans. Advances and Indebtedness to Finance Redevelopment Plan RECOMMENDATION: 32.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE TEMECULA REDEVELOPMENT PLAN 1-1988 PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6 TO REPEAL THE TIME LIMIT ON THE ESTABLISHMENT OF LOANS, ADVANCES, AND INDEBTEDNESS City Attorney Thorson provided a staff report (of record). At this time, the public hearing was opened and due to no speakers, it was closed. At this time, City Attorney Thorson introduced and read by title only Ordinance NO.07-20. MOTION: Mayor Pro Tem Naggar moved to approve staff recommendation. Council Member Edwards seconded the motion and electronic vote reflected unanimous approval. 33 Ordinance confirming that the Temecula Redevelopment Aaencv has no Eminent Domain Authoritv RECOMMENDATION: 33.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AS REQUIRED BY SB 53, CONFIRMING THAT THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES NOT HAVE THE AUTHORITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN City Attorney Thorson provided a staff report (of written record). At this time, the public hearing was opened and due to no speakers, it was closed. At this time, City Attorney Thorson introduced and read by title only Ordinance No. 07-21. MOTION: Mayor Pro Tem Naggar moved to approve staff recommendation. Council Member Edwards seconded the motion and electronic vote reflected unanimous approval. R:\Minutes\121107 9 . DEPARTMENTAL REPORTS I No additional comments. CITY MANAGER REPORT City Manager Nelson wished everyone a Merry Christmas and a Happy New Year. CITY ATTORNEY REPORT With respect to Closed Session Item No.1, City Attorney Thorson relayed that the City of Temecula versus Morter Trustees, et. ai, the City Council by a 5-0 vote authorized the City Attorney's office to enter into a settlement agreement in the amount of $235,000 for the property and to execute the stipulation for entry of judgment and file order of condemnation and advised that there would be no action to report with respect to Closed Session Item NO.2. ADJOURNMENT At 8:38 p.m. the City Council meeting was formally adjourned to Tuesday, January 8, 2008, at 5:30 p.m. for a Closed Session, with regular session commencing at 7:00 p.m. City Council Chambers, 43200 Business Park Drive, Temecula, California. I ATTEST: I R:\Minutes\121107 10