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HomeMy WebLinkAbout010808 CC Minutes I I I MINUTes OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JANUARY 8, 2008 The City Council convened in Closed Session at 6:15 p.m. and its regular meeting commenced at 7:00 p.m., on Tuesday, January 8, 2008, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Council Members: Comerchero, Edwards, and Mayor Naggar Absent: Council Members: Roberts and Washington PRELUDE MUSIC The prelude music was provided by Michael Hamrin, Flutist; and JoAnn Algier, Pianist. INVOCATION The invocation was provided by Pastor Jay Cartwright of True Vine Pentecostal Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Council Member Comerchero. PRESENT A TIONS/PROCLAMATIONS Service Pin Awards At this time, Mayor Pro Tem Edwards presented Commissioner Ramos with a 5-year Service Pin. Thanking the City Council for the recognition, Commissioner Ramos stated that he has enjoyed serving as a Commissioner for the City of Temecula. Mayor Pro Tem Edwards presented the following Commissioners with their 10-year Service Pins: . Dennis Chiniaeff, Planning Commission . John Telesio, Planning Commission . Jim Meyler, Community Services . AI Blair, Old Town Local Review Board The above-mentioned Commissioners thanked the City Council for its recognition. At this time, Mayor Naggar presented Mayor Pro Tem Edwards with a 5-year Service Pin. Mayor Pro Tem Edwards thanked the City Council for the 5-year Service Pin. R:\MinuteslOl0808 I I I PUBLIC COMMENT A. Referencing the negative affects of Proposition No. 94, Ms. Stephanie Williams, Temecula, requested that the City of Temecula protest the proposition. B. Speaking on a newly implemented program in Temecula called Team in Training Chapter in Temecula, Mr. and Mrs. Harned, Temecula, encouraged residents to participate in the program and advised that that all proceeds go toward cancer research. In response to Council Member Comerchero's query, Mr. Harned noted that Team in Training Chapter Temecula is a non-profit organization. CITY COUNCIL REPORTS A. Mayor Naggar advised that the City of Moreno Valley will be hosting a Traffic Safety Symposium meeting on February 6,2008, from 10:00 a.m. to 1:00 p.m., and requested that two members of the Publicffraffic Safety Commission attend the meeting and return with an update. 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 Minutes RECOMMENDATION: 2.1 Approve the minutes of November 27, 2007; 2.2 Approve the minutes of December 11, 2007. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 08-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Citv Treasurer's Report as of November 30. 2007 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of November 30, 2007. R:\MinuteslOl0808 2 ~ ,,;,;.,; j: ~. "- -<: 51l I I I 5 Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended June 30. 2007 RECOMMENDATION: 5.1 Approve the Comprehensive Annual Financial Statements, Auditor's Report, and Management's Discussion and Analysis (MD&A) for Fiscal Year Ended June 30, 2007. 6 Communitv Development Block Grant Application Proposals for FY 2008-09 RECOMMENDATION: 6.1 Approve the Community Development Block Grant (CDBG) Finance Committee funding recommendations for fiscal year 2008/09; 6.2 Authorize the Mayor to execute the fiscal year 2006/07 Amendment to Supplemental Agreement for the Use of Community Block Grant Funds for the Temecula Community Pantry in the amount of $150,000; 6.3 Authorize the City Manager to reprogram CDBG funds in accordance with the current budget resolution for general administration, and to reprogram CDBG funds from the Old Town Gymnasium project to the Temecula Community Center Expansion project in the amount of $758,311, and to the Temecula Community Pantry project (Escallier house and barn rehab) in the amount of $400,000. 7 Completion and Acceptance for the Architectural Enhancement Panels on the southerlv side of the Overland Drive Bridoe over Interstate 15 - Project No. PW05-09 RECOMMENDATION: 7.1 Accept the construction of the Architectural Enhancement Panels on Southerly Side Overland Drive Bridge Over Interstate 15 - Project No. PW05-09, as complete; 7.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 7.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. 8 Purchase and Sale Aoreement for certain propertv riahts on propertv located at 44618 and 44700 Pechanoa Parkwav. Temecula RECOMMENDATION: 8.1 Approve substantially in the form attached hereto the Purchase and Sale Agreement between the City of Temecula and AquiportlAmsdell III, LLC, a Delaware limited liability company ("AquiportlAmsdell"), for the purchase of an approximate 3,529 square foot permanent easement on property located at 44618 and 44700 Pechanga Parkway, Temecula (APN 961-010-009 and 961-010-047) for the widening of Pechanga Parkway at a purchase price of $90,000 plus escrow fees; R:\MinuteslOl0808 3 I I I 8.2 Authorize the City Manager to execute the Purchase and Sale Agreement in the amount of $90,000 to !:9ver the cost of the easement plus the associated escrow fees not to exceed $2,000.00, approve and execute any necessary documents and to take all necessary actions to complete this acquisition, including without limitation, all escrow instructions. 9 YMCA Groud Lease Amendment RECOMMENDATION: 9.1 Approve the First Amendment to the YMCA Ground Lease. 10 Authorize Temporarv Street Closure of Main Street between Old Town Front Street and the east side of the Children's Museum Drivewav Entrance for the "Gospel & Arts Festival" event scheduled for Se{)tember27. 2008,at the Request of Mavor Pro Tem Marvann Edwards and Council Member Chuck WashinQton. and Deleaate Authoritv to Issue a Special Events/Street Closures Permit to the Director of Public Works RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 08-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF MAIN STREET BETWEEN OLD TOWN FRONT STREET AND THE EAST SIDE OF THE CHILDREN'S MUSEUM DRIVEWAY EiNTRANCE FOR THE "GOSPEL & ARTS FESTIVAL" EVENT SCHEDULED FOR SEPTEMBER 27, 2008 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURE Consent Calendar Item No. 11 was pulled for separate discussion: see paces 5 - 8 11 Press Inquiries - Press Enterprise (at the request of Council Member Roberts) RECOMMENDATION: 11.1 Direct City staff to require all press inquiries from the Press Enterprise newspaper be submitted in writing to the City Council and City staff. Further, City staff will commit to respond in writing to all Press Enterprise inquires in a timely, efficient and professional manner to ensure the accuracy and effective flow of communication. R:\Minutesl010808 4 I I I 12 Second ReadinQ of Ordinance No. 07-20 RECOMMENDATION: 12.1 Adopt an Ordinance entitled: ORDINANCE NO. 07-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, 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 13 Second Readino of Ordinance No. 07-21 RECOMMENDATION: 13.1 Adopt an Ordinance entitled: ORDINANCE NO. 07-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AS REQUIRED BY SB53, CONFIRMING THAT THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES NOT HAVE THE AUTHORITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN Referencing Consent Calendar Item No.6, City Attorney Thorson stated that any Council Members that are Board Members of any of the partaking entities would be required to abstain from Item NO.6. Mayor Naggar and Council Members Comerchero and Edwards advised that they would not have a conflict of interest with Consent Calendar Item No.6. It was the consensus of the City Council to pull Item No. 11 for discussion; see pages 5-8. MOTION: Council Member Comerchero moved to approve the Consent Calendar Item Nos. 1- 10 and 12-13 (Item No. 11 was pulled for discussion). Mayor Pro Tem Edwards seconded the motion and electronic vote reflected approval with the exception of Council Members Roberts and Washington who were both absent. 11 Press Inquiries Press Enterprise (at the request of Council Member Roberts) RECOMMENDATION: 11.2 Direct City staff to require all press inquiries from the Press Enterprise newspaper be submitted in writing to the City Council and City staff. Further, City staff will commit to respond in writing to all Press Enterprise inquires in a timely, efficient and professional manner to ensure the accuracy and effective flow of communication. R:\Minutes1010808 5 I I I City Manager Nelson provided a staff report (of record), and stated that Council Member Roberts requested that the City Council not adopt the proposed policy, advising that in an effort to show good faith and to create a better working relationship between the Press Enterprise and the City, the City Council has directed the City Manager to meet with the Editor of the Press Enterprise (Ms. Maria De Varenne) to discuss methods of improving its communication process. In response to Council Member Comerchero's query with regard to the staff recommendation, City Attorney Thorson advised that with or without a policy in place, each individual City Council Member has the right to say as much or as little as he or she chooses to say to the news media. For Mayor Naggar, City Manager Nelson stated that with respect to concerns of an article that was written in the Press Enterprise on December 2, 2007, he wrote a letter and attempted to contact the Editor (Ms. De Varenne) to discuss the concerns of the City; to the Editor that Ms. De Varenne was unwilling to speak with him via telephone; that he did receive a written response from Ms. De Varenne, but that at this point in time, he has not yet spoken with her. Mr. Nelson also stated that it would be important to note that the impetus of the proposed policy would be to maintain an open government. A. Mr. AI Wickers, representing the Press Enterprise, relayed his enthusiasm to staff's recommendation to delay the proposal (as requested by Council Member Roberts), to allow further communication between the City and the Press Enterprise to ensure an effective flow of communication; and stated that the ultimate goal of the Press Enterprise would be to provide the public with clear, concise, and accurate information. In response to Council Member Comerchero's question, Mr. Wickers noted that it would be his opinion that every newspaper would have an obligation to print an accurate record. In response to Mayor Naggar's query with respect to the Press Enterprise's position in relation to egregious omissions and/or inaccurate information, Mr. Wickers stated that the Press Enterprise has a stated policy that would endeavor to correct any error made on behalf of the Press Enterprise; stated that newspapers have been known to make errors; however, there have been many instances where what one would perceive as an error would be an interpretation; and that any concerns with respect to inaccuracies should be reported to the Editor via email. Council Member Comerchero expressed concern with the City's lack of recourse with regard to correcting perceived inaccuracies. Referencing Council Member Comerchero's comment, Mr. Wickers stated that the Press Enterprise would always reserve the editorial discretion to decide whether or not to publish a correction. Thanking Mr. Wickers for his comments, Mayor Pro Tem Edwards expressed concern with the communication process and stated that it would be difficult to resolve concerns of the City if Ms. De Varenne does not accept calls from the City Manager. Not knowing the details of the City Manager's attempts to communicate with, Ms. De Varenne, Editor, Mr. Wickers noted that he would not be able to comment; however, Mr. Wickers advised that Ms. De Varenne has regularly communicated with individuals who have had frustrations with coverage in the Press Enterprise; stated that although the desire would be to have open communication with City officials, such communications would not provide the City the ability to exert or influence any editorial decision made by the Press Enterprise. R:\Minutes1010808 6 , I I I Mayor Pro Tem Edwards relayed her concern with the lack of recourse that the City would have with respect to correcting inaccuracies in editorials, and noted that it would be her opinion that the Press Enterprise is not acting responsibly to its readers and not being accountable for its actions. For Mayor Naggar, Mr. Wickers stated that it would be his opinion that the reporters for the Press Enterprise do not report with a political slant. In response to City Manager Nelson's query, Mr. Wickers noted that he may attempt to call Ms. De Varenne at the Press Enterprise with concerns or may contact him to facilitate further communication. B. Relaying his delight with the City Council's reconsideration of staff's recommendation to allow an opportunity to remedy the City's issue of concern with the Press Enterprise, Mr. Mel Optowsky, Board Member of the Califomia First Amendment Coalition, relayed his concern of censorship and discrimination; stated that he would be hopeful that the City would carefully examine the specific points that were either misinterpreted and/or errors that resulted from communications with the Press Enterprise; noted that it would not be the City's purview to control the message or the messenger of the Press Enterprise; and stated that he would be hopeful that the City and the Press Enterprise will work out its issues. Understanding the right of freedom of speech, Mayor Pro Tem Edwards relayed her frustration with a reporter blatantly not providing facts to the public regarding an interview which ultimately resulted in wrongful implications. In an effort to provide professional reporting, Mr. Optowsky advised that in order to overcome prejudice, three to four layers of handling a story have been developed to ensure fairness. At this time, Mr. Optowsky and the Council discussed opinions of the truth and interpretations as it would relate to reporters and articles in the newspaper. Mr. Optowsky relayed that the California First Amendment Coalition would be willing to provide its services to the City. C. Ms. Gina Diamante, representing KZSW, noted that she would be in agreement of the Council's reconsideration of staff's recommendation and noted that it may be helpful for the City to consider having a public information officer who specializes in the media and who can communicate the City's position. D. Relaying his delight for the change of events this evening, Mr. Paul Jacobs, Temecula, relayed his concurrence with the City's reconsideration of the proposed policy. E. Mr. Chris Pedersen, Temecula, relayed his dismay with the Press Enterprise's evasion of the City Council's questions. F. Ms. Nancy Austin, Temecula, relayed her concern with Mr. Wicker's comments, noting that it would be her opinion that the Press Enterprise is not being responsible to its public. G. Mr. Tyler Saldana, Temecula, stated that because reporters of the Press Enterprise relay their interpretation, it would be important for the public to understand that it cannot believe everything reported in the newspapers. R:IMinutes1010808 7 I I I Thanking Council Member Roberts for adding this issue to the agenda and recalling the recommendation for further discussion, Council Member Comerchero relayed the importance of the Press Enterprise and the City preserving and protecting the integrity of the truth in order to provide the public with accurate and concise information. Echoing comments made by Council Member Comerchero, Mayor Pro Tem Edwards relayed that it would be her opinion that approving staffs previous recommendation would not be in the public's best interest, and would be hopeful that the Press Enterprise will strive to provide accurate and concise information. Mayor Pro Tem Edwards further commented on inaccuracies reported about her in a recent Press Enterprise article. Noting the importance of residents being informed of its local government, City Manager Nelson relayed his enthusiasm with the discussion and reiterated that the intent of the proposed recommendation was to ensure that that Temecula citizens know the truth and facts with respect to its local government; and that it may be beneficial to work with various representatives of the news media to develop an independent journalist ethics committee that would address potential issues or concerns that may arise from the City, County, news media, or any other governmental entity. With respect to City Manager Nelson's suggestion, Mr. Wickers stated, for the record, that he would have an unwavering commitment to ensure that the Press Enterprise prints the truth in an unbiased accurate manner for its residents; and that he will discuss the ethics committee proposal made by the City Manager with the editor of the Press Enterprise. Mayor Naggar gave examples on how the Press Enterprise has manipulated the truth and would be hopeful that news reporters write with truth and honesty. MOTION: Council Member Comerchero moved to direct the City Manager to meet with the Editor of the Press Enterprise to work toward improving communication and the working relationship between the paper and the City; also directed to discuss formation of a Media Peer Review/Ethics Committee. Mayor Pro Tem Edwards seconded the motion and electronic vote reflected approval with the exception of Council Members Roberts and Washington who were both absent. At 8:28 p.m., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 8:32 p.m., the City Council resumed with regular business. PUBLIC HEARING 17 Weed Abatement Lien Resolution for FY 2007-2008 RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 08-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 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 2007-2008 R:\Minutes1010808 8 I I I Planning Director Ubnoske provided a staff report (of record). At this time, the public hearing was opened and due to no speakers, it was closed. MOTION: Council Member Comerchero moved to approve staff recommendation. Mayor Pro Tem Edwards seconded the motion and electronic vote reflected approval with the exception of Council Members Roberts and Washington who were both absent. 18 Abatement Lien Resolution for FY 2007-2008 RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. 08-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF A BEE HIVE AND DRAINING OF TWO GREEN POOLS FOR THE FISCAL YEAR 2007-2008 Director of Planning Ubnoske provided a staff report (of written material). At this time, the public hearing was opened and due to no speakers, it was closed. Mayor Pro Tem Edwards advised the public that the City is working on a policy to address foreclosures in the City. MOTION: Council Member Comerchero moved to approve staff recommendation. Mayor Pro Tem Edwards seconded the motion and electronic vote reflected approval with the exception of Council Members Roberts and Washington who were both absent. 19 Addition of Water Qualitv Manaoement Plan (WQMP) Fees to the Citywide User Fee Schedule RECOMMENDATION: 19.1 Adopt a resolution entitled: RESOLUTION NO. 08-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING WATER QUALITY MANAGEMENT PLAN (WQMP) FEES TO THE CITYWIDE USER FEE SCHEDULE Director of Finance Roberts provided the City Council with a staff report (of record), and advised that representatives from Maxtrix Consulting Group would be available for any questions. At this time, the public hearing was opened and due to no speakers, it was closed. R:\Minutes1010808 9 I MOTION: Council Member Comerchero moved to approve staff recommendation. Mayor Pro Tem Edwards seconded the motion and electronic vote reflected approval with the exception of Council Members Roberts and Washington who were both absent. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER REPORT No reports at this time. CITY ATTORNEY REPORT With respect to Closed Session, City Attorney Thorson advised that the City Council by vote of 3:0 (Roberts and Washington abstained), authorized the City Manager to settle the claim of contractor Douglas E. Barnhart for the net amount of $275,000 and that a change order budget authorization will be agendized for an upcoming City Council meeting; and stated that no action was taken on the Marina, Landscape, Inc., claim. ADJOURNMENT At 8:38 p.m. the City Council meeting was formally adjourned to Tuesday, January 22, 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 ~~}VL~ Mike Naggar, Mayor ATTEST: I R:\Minutes1010808 10