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HomeMy WebLinkAbout042208 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL ' APRIL 22, 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, April 22, 2008, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Council Members: Comerchero, Edwards, Roberts, Naggar Absent: Council Members: Washington PRELUDE MUSIC The prelude music was provided by Anthony Savitt. INVOCATION The invocation was provided by Pastor Struikmans of Rancho Community Church PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Council Member Edwards PRESENTATIONS/PROCLAMATIONS ' Building Safety Week Proclamation On an ongoing effort to ensure that residents and individuals patronizing businesses within the City of Temecula are afforded the highest construction standards available, Mayor Naggar proclaimed the week of May 5t" through May 11~", 2008, to be Building and Safety Week in Temecula. Accepting the proclamation, Director of Building and Safety Harold thanked the City Council for its support. Mental Health Month Proclamation Mayor Naggar proclaimed the month of April, 2008, to be Mental Health month. For her continued dedication and support to the City of Temecula, the City Council in conjunction with Paul Price, presented Ms. Eve Craig with a portrait. With appreciation, Ms. Craig accepted the portrait and thanked Mr. Price and the City Council for the recognition. PUBLIC COMMENT ' A. Mr. Fred Hayes, De Luz, thanked the City Council for its efforts with regard to the annexation process and invited the public to attend the Living Sign Event at Patricia H. Birdsall Sports Park at 11:30 a.m. on Sunday, May 4, 2008. R:\Minutes\042208 1 B. Mr. Denny Miles, Temecula, relayed his disappointment with the wrongful articles that are being written in the newspapers and noted that his wife and he would be supportive of City ' Council decisions and its efforts to better the community. C. Mr. Phil Roy, Temecula, queried on the unmanned fire station on the Roripaugh Ranch Ashby development. Due to the complexity of the unmanned fire station on the Roripaugh Ranch Ashby development, Mayor Naggar advised Mr. Roy to contact the City Manager's office for a briefing of the project. With respect to a fire station in the easterly part of Temecula, Council Member Roberts advised of the upcoming brand new temporary fire station on Glen Oaks Road (south of Rancho California Road) in the next 18 months. D. Ms. Rebecca Weersing, Temecula, invited the public to attend the 14th Annual Rose and Arts Festival to be held on Saturday and Sunday, May 3-4, 2008. E. Ms. Susan Puma, Temecula, invited the public to attend the 23itl Annual Garden Show and Garden Fair on Saturday, April 26, 2008. F. Mr. Ron Walton, Temecula, thanked the City Council for its efforts in promoting Old Town and relayed his disappointment with the recent unfounded remarks expressed in the local newspapers. G. Mr. Ed Dool thanked the City Council and the Chamber of Commerce for the State of the City speech and encouraged the public to vote in the upcoming election. H. Mr. Steve Phillips, Temecula, reiterated his concern with the Conditions of Approval not being met by the developer at the Reserve at the Crown Hill Community. With respect to Mr. Phillips' concern, Mayor Naggar suggested that he contact Mayor Pro Tem Edwards for an update to the issue in question. I. Mr. Bob Mejia, Temecula, also spoke regarding the problems at the Reserve at Crown hill and requested an expeditious solution. CITY COUNCIL REPORTS A. Mayor Naggar informed the public at the State of the City speech may be viewed on the City's website. 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. R:VNinutes\042208 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of March 25, 2008. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 08-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Rancho California Water District Easement within Maroarita Park RECOMMENDATION: 4.1 Grant an Easement to Rancho California Water District for construction, operation, and maintenance of facilities within Margarita Park; 4.2 Authorize staff to proceed with the necessary actions to cause the Easement Deed ' to be recorded. 5 Resolution of Suooort for the District Attorney of the County of Riverside's Pursuit of Full Funding for additional Judicial Officers to serve Riverside Countv (at the request of Mayor Na ar RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 08-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE DISTRICT ATTORNEY OF THE COUNTY OF RIVERSIDE'S PURSUIT OF FULL FUNDING FOR ADDITIONAL JUDICIAL OFFICERS TO SERVE RIVERSIDE COUNTY R:\Minutes\042208 3 r-~ PW06-07 (1A) RECOMMENDATION: 6.1 Award a construction contract for Project No. PW06-07(1A), Old Town Infrastructure Improvements -Relocation of Existing Structures to American Heavy Moving and Rigging, Inc. in the amount of $31,120 and authorize the Mayor to execute the contract; 6.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $3,112, which is equal to 10% of the contract amount. 7.1 Approve a Memorandum of Understanding (MOU), and Service Agreement with the Eastern Municipal Water District (EMWD) for sewer facilities associated with Old Town Infrastructure Project No. PWO6-07(1C) and authorize the City Manager to execute the MOU and Service Agreement on behalf of the City. 8 RECOMMENDATION: 8.1 Approve a Reimbursement Agreement in the amount of $11,700 with the Eastern Municipal Water District (EMWD) for adjustment of various sewer facilities associated with the Old Town Infrastructure Project No. PW06-07(1C) and authorize the City Manager to execute the Agreement on behalf of the City; 8.2 Approve a Reimbursement Agreement in the amount of $40,850 with the Rancho California Water District (RCWD) for adjustment of various water facilities associated with the Old Town Infrastructure Project No. PW06-07(1C) and authorize the City Manager to execute the Agreement on behalf of the City. RECOMMENDATION: 9.1 Approve the first amendment to the Agreement with EDAW, Inc. for Biological Observation and Monitoring for the Long Canyon Detention Basin, Project No. PW01-05, in the amount of $8,684 and authorize the Mayor to execute the amendment; 9.2 Approve a transfer of $8,684 from the Long Canyon Detention Basin Access Road project to the Environmental Habitat Long Term Maintenance project account. R:VNinutes\042208 RECOMMENDATION: 10 ' RECOMMENDATION 10.1 Approve an increase in contingency funds of $25,066.74 and authorize the City Manager to approve change orders not to exceed the total contingency amount of $277,036.24; 10.2 Accept the Diaz Rd. Realignment Phase II, Project No. PW95-27, as complete; 10.3 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; 10.4 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 11 Award a Construction Contract for the Pechanga Parkwav Phase II Street Improvements - Proiect No. PW99-11 RECOMMENDATION: 11.1 Award a construction contract for the Pechanga Parkway Phase II Street Improvements, Project No. PW99-11; Federal Project No. PLHL-5459(014), to All ' American Asphalt in the amount of $8,131,964.98 and authorize the Mayor to execute the contract; 11.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $813,196.50 which is equal to 10% of the contract amount. 12 RECOMMENDATION: 12.1 Approve the Reimbursement Agreement in the amount of $20,910 between Eastern Municipal Water District (EMWD) and the City of Temecula for adjustment of various sewer facilities associated with the Pechanga Parkway Phase II Street Improvements, Project No. PW99-11, in substantially the same form attached and authorize the City Manager to execute the Agreement on behalf of the City. R:Uvlinutes\042208 5 13 ' Infrastructure Proiect -Mercedes and Main Street Improvements - Proiect No. PW06- 07 1 C RECOMMENDATION: 13.1 Approve an Agency Agreement with the Rancho California Water District pertaining to the seven specific parcels of land that compromise the official map of the Old Town Civic Center Properties (PW06-07), and authorize the City Manager to execute the Agreement; 13.2 Approve a Water System Grant Deed with the Rancho California Water District thereby transferring all rights, title, and interests in specific portions of the water system improvements to be constructed as part of the Old Town Infrastructure Project PW06-07(1C) to the District, and authorize the City Manager to execute the Deed; 13.3 Approve a Water System Construction Agreement with the Rancho California Water District, and authorize the City Manager to execute the Agreement. 14 ' RECOMMENDATION: 14.1 Receive and file a status report on the Cooperative Agreement between the City of Temecula and the County of Riverside to Mitigate Traffic Impacts in Western Riverside County. (Item No. 14 was pulled for separate discussion; see page 7). 15 Air Svstems Cleaning Aoreement RECOMMENDATION: 15.1 Approve an agreement with Air Cleaning Systems in the amount of $67,816.34 for a Plymovent diesel exhaust removal system to be installed at Fire Station 84; 15.2 Approve a 10% contingency and allow the City Manager to execute change orders. 16 RECOMMENDATION: 16.1 Appoint Mayor Pro Tem Edwards to represent the City of Temecula on the Riverside County Habitat Conservation Agency Board. ' MOTION: Council Member Comerchero moved to approve the Consent Calendar, pulling Item No. 14 for separate discussion. Council Member Roberts seconded the motion and electronic vote reflected approval with the exception of Council Member Washington who was absent. R:Wlinutes\042208 14 Cooperative Agreement with the Countv of Riverside to mitigate traffic impacts in Western ' Riverside Countv - 2008 Status Report (at the request of Mavor Naooar) RECOMMENDATION: 14.2 Receive and file a status report on the Cooperative Agreement between the City of Temecula and the County of Riverside to Mitigate Traffic Impacts in Western Riverside County. By way of PowerPoint Presentation, Director of Public Works Hughes provided a staff report (of record) highlighting the following: • Cooperative Agreement Background 0 1999 to 2002 Riverside County prepared Riverside County Integrated Plan (RCIP) 0 2002 & 2003 City raises objections to landuse and transportation issues in the RCIP o November 2003 City filed legal action against the RCIP 0 2004 & 2005 City and County held settlement conferences o April 2005 Cooperative Agreement approved • Cooperative Agreement Objectives o Amend County General Plan creating the I-215 Policy Area (major roads to be completed concurrent with residential development ) o Identify priority transportation projects ' o Manage residential development ensuring that transportation funding is in place o Initiate a freeway Strategic Study to address our future freeway needs • Priority 1 Roadway Improvements o Newport Road - Complete o Scott Road - CFD Formed/Construction 2008 o Clinton Keith Road - CFD Formed, Right of Way underway, ready for construction pending bond sale In response to the Council's queries, Director of Public Works Hughes explained the Community Facilities District (CFD) process and noted the following: • That the development community would control the process, quickness, and delivery of a project • That Winchester Road would not be paid by the CFD, but rather TUMF funding, some Measure A and Highway Bridge and thoroughfare fees • That the City had no jurisdiction over which corridor would be built first • That it has always been the City's intent through the Cooperative Agreement that all the major corridors be built concurrently • That the Newport Road CFD was formed long before the RCIP lawsuit and was funded before the lawsuit was settled • That the freeway strategic study was identified to cost $12.5 billion which would include adding freeways lanes needed to serve the region, interchange improvements, and freeway-to-freeway connectors • That $4.5 to 5 billion has been identified over the next 30 years ' That the Nexxus Study identified that all new homes constructed within the region would be responsible for funding one third of the process • That RCTC will be forming an ad-hoc committee to explore funding sources to complete the project R:Wlinutes\042208 • That the County was completing safety improvements along Winchester Road before the Cooperative Agreement occurred ' • That the City of Temecula had no jurisdiction over timing with respect to which roads would be built first Council Members Comerchero and Roberts discussed the execution of the Cooperative Agreement. A. Supervisor Stone relayed his experience working on the Temecula City Council from 1992 to 2005; thanked Pastor Struikmans for his many years of service to the City of Temecula; congratulated Eve Craig, and noted that on behalf of the County of Riverside, in her honor, will be donating $1,000 to the Temecula Valley Rose Society; noted his dismay with recent newspaper reportings; explained the process with respect to the improvements on the French Valley area, I-15, SR79, Newport Road, Winchester Road, Scott Road, Clinton Keith Road, 1- 215 Policy Area; Freeway Strategic Plan; advised of the near completion of the environmental work of Phase II that will connect Thompson Road to Domenigoni Parkway; noted that staff is in the process of completing the acquisition of the right-of-way and would be hopeful to be under construction in 12 to 18 months; and applauded the work of the City Council and encouraged the Council to move forward. B. Mr. Ron Walton, Temecula, relayed his distress with the articles in The Bugle, Valley News, and the Press Enterprise and challenged the writers to rebut the statements that have been addressed tonight. C. Mr. Ed Dool, Temecula, thanked staff for addressing the false statements that have been made by writers of The Bugle, Valley News, and the Press Enterprise. ' D. Mr. Chris Pedersen, Temecula, commended the City Council for its stellar job in running the City and relayed that the residents of Temecula will hold the press accountable. The City Council thanked Supervisor Stone and staff for their comments and clarification with respect to the Cooperative Agreement with the County of Riverside to mitigate traffic impacts. Representing the County of Riverside, Mr. Juan Perez commended Director of Public Works Hughes and the City Council for their hard work and dedication for its participation with respect to the Cooperative Agreement with the County of Riverside. Mayor Naggar relayed his part with respect to the Cooperative Agreement with the County of Riverside. MOTION: Council Member Comerchero moved to receive and file this report. Mayor Pro Tem Edwards seconded the motion and electronic vote reflected approval with the exception of Council Member Washington who was absent. At this time, the City Council took a 10-minute break. At 9:01 p.m., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 9:14 p.m., the City Council resumed with regular business. R:Uvlinutes\042208 CITY COUNCIL BUSINESS ' 24 Consideration of A M Emergency Advisory Radio System (at the request of Mayor Pro Tem Edwards and Council Member Comerchero) RECOMMENDATION: 24.1 Receive and provide direction. Director of Information Systems Thorson provided a brief staff report (of record) The City Council thanked Director of Information Systems Thorson and staff for their efforts in implementing this report and advised of a brief meeting with KVCR television and radio and discussed coverage with respect to future emergency situations. MOTION: Council Member Comerchero moved to receive and file this report. Mayor Pro Tem Edward seconded the motion and electronic vote reflected approval with the exception of Council Member Washington who was absent. 25 Campaign Disclosure Ordinance (at the request of Council Member Comerchero RECOMMENDATION: 25.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 2.10, CAMPAIGN DISCLOSURE REQUIREMENTS City Attorney Thorson provided a brief staff report (of record), relaying the following: • That State Law mandates that committees identification numbers be required on all submitting documents • That other cities in the State have adopted the proposed Ordinance That the definition of the proposed Ordinance is directly taken from the State law's Ordinance • That once a committee has entered into an agreement to pay for services rendered 6 months beyond, would not exempt them from any payment of any accrued expenses and would be reported and would be covered in the definition of expenditures The following individuals spoke in favor of the proposed campaign disclosure requirements: A. Mr. Kassin Klein, Murrieta, relayed his full support of the proposed Ordinance and queried on the language in-kind donations. B. Mr. Barry Garren, Wine Country, strongly supported the proposed Ordinance but did express his concern with the language in the Ordinance violating an individual's freedom of ' speech. R:\Minutes\042208 C. Mr. Chris Pedersen, Temecula, also expressed his support of the Ordinance ' Noting his full support of the Ordinance, Council Member Comerchero thanked the City Attorney for implementing this type of proposed Ordinance in such a quick manner, but queried if it would be necessary to require a candidate's name and I.D. number on submittals. Also relaying his support of the proposed Ordinance, Council Member Roberts relayed his satisfaction with the language of the proposed Ordinance. Echoing comments made by City Council Members, Mayor Naggar expressed his support of the Ordinance and noted that it would be his opinion that the language in the proposed Ordinance would be appropriate and would not need to be revised in any way. City Attorney Thorson explained the definition in-kind service to the City Council as well explained the City Clerk's position with respect to campaign literature. MOTION: Council Member Roberts moved to approve staff recommendation. Mayor Naggar seconded the motion and electronic vote reflected approval with the exception of Council Member Washington who was absent. Noting a slight change in the proposed Ordinance as provided, City Attorney Thorson introduced and read by title only Ordinance 08-02. DEPARTMENTAL REPORTS 26 Economic Development Department Monthlv Report ' 27 City Council Travel/Conference Report -March 2008 28 Planning Department Monthlv Report 29 Police Department Monthlv Report CITY MANAGER REPORT No reports at this time. CITY ATTORNEY REPORT With respect to closed session, City Attorney Thorson advised that there was no formal action to report but noted that the City Council gave direction to staff with respect to a real estate matter that will be forwarded to the City Council at a future meeting, advising that Mayor Pro Tem Edwards abstained with regard to this matter. R:\Minutes\042208 10 ' ADJOURNMENT At 9:56 p.m. the City Council meeting was formally adjourned to Tuesday, May 13, 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. Michael S. Nagga , ayor ATTEST: R:Vviinutes\042208 11