HomeMy WebLinkAbout072208 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
' JULY 22, 2008
The City Council convened in Closed Session at 6:00 p.m. and its regular meeting commenced
at 7:00 p.m. on Tuesday, July 22, 2008, in the City Council Chambers of Temecula City Hall,
43200 Business Park Drive, Temecula, California.
Present: Council Members: Comerchero, Edwards, Roberts, Washington,
Naggar
Absent: Council Members: None
PRELUDE MUSIC
The prelude music was provided by Anthony and Ashley Agbay
The invocation was provided by Pastor Felicia Brown of Imani Church of God in Christ
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Council Member Edwards
' PRESENTATIONS/PROCLAMATIONS
Solar Cup 2008 City Council Trophv Presentation to Great Oak High School
In appreciation of receiving first place in the Solar Cup 2008 event, Mayor Naggar presented
Great Oak High School with the Mayor's Cup Award.
Certificates of Achievement to High Hopes Special Olvmpics Participants
Mayor Naggar on behalf of the City Council commended the following individuals for the 2008
Summer Special Olympics Bocce Ball event; Special Olympics Gymnastic event; Aquatics
event; and the High Hopes Band:
• Matt Bell
• Rebecca English
• James Estrada
• Jonathan Haller
• Stacey Lahr
• Sean Martin
Vince Ortega
• Andrew Roberts
• Hilda Bojorgvez, Coach
• Nicci Klepper
• Leslie Nogrady
'
• Laura Smith
• Mike Klepper, Coach
• Marcia Nogrady, Coach
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• Dough Bolt
• Joes ate
• Kristin Catel
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• Chris Higgins
• Gigi Lacy
• Jill Cate, Coach
• Nicolette Condry
• Nick Newman
• Katie Pyrz
• Scott Schmitrer
• Sehoon Yi
• Linda Condry, Instructor
• Karen Newman, Instructor
• Pauletta Martin, Instructor
Instructor Karen Newman thanked the City Council and staff for their ongoing support of the
High Hopes Program.
PUBLIC COMMENT
A. Mr. Harold Adams, representing National Alliance on Mental Illness, relayed the
importance of the City partnering with the development community to provide special need
programs and affordable housing for special need individuals in the City of Temecula.
Mayor Naggar suggested that Mr. Adams contact the City Manager with respect to his request
' CITY COUNCIL REPORTS
A. Referencing the Murrieta Creek Phase II improvements, Council Member Edwards
advised that $5 million has been earmarked in the Federal Budget program and noted that she
will keep the residents apprised of information on the budget approval as it becomes available.
B. Explaining the future French Valley Parkway Interchange project, Mayor Naggar thanked
the following individuals for their efforts in ensuring the future implementation of this project:
• Congressman Daryl Issa
• Director Division 1 Philip Paule
• Assemblyman Kevin Jeffries
• Assemblyman Randon Lane
• Federal Highway Administration -Gene Fong
• Caltrans District 8 Jamal EI-Saleh
• City of Temecula Director of Public Works Bill Hughes
• City of Temecula City Council
Mayor Naggar requested that the City Manager agendize a report that will update the
residents of Temecula on the City's Emergency Action Plan, as well as an update to the Santa
Margarita Water Shed annexation process.
Referencing energy efficiency, Mayor Naggar also requested that staff explore walking
and/or biking opportunities for the Old Town area.
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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 June 10, 2008;
2.2 Approve the minutes of June 24, 2008.
3 List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 08-70
' 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 Statement of Investment Policv
RECOMMENDATION:
4.1 Adopt the Treasurer's Statement of Investment Policy which provides safety,
liquidity, compliance, and yield for City funds.
5 Citv Treasurer's Report as of Mav 31 2008
RECOMMENDATION:
5.1 Approve and file the City Treasurer's Report as of May 31, 2008
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6 State of California Department of Alcoholic Beverage Control Grant Assistance Program
' RECOMMENDATION:
6.1 Adopt a resolution entitled:
RESOLUTION NO. 08-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING A GRANT FROM THE STATE OF CALIFORNIA DEPARTMENT OF
ALCOHOLIC BEVERAGE CONTROL GRANT ASSISTANCE PROGRAM
6.2 Increase estimated General Fund Grant Revenue by $76,262;
6.3 Appropriate $76,262 from General Fund Grant Revenue to the Police Department.
7 Authorization of Special Tax Lew in Community Facilities District No. 88-12 (Ynez Corridor)
RECOMMENDATION:
7.1 Adopt a resolution entitled:
RESOLUTION NO. 08-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
' DISTRICT NO. 88-12 (YNEZ CORRIDOR)
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RECOMMENDATION:
8.1 Adopt a resolution entitled:
RESOLUTION NO. 08-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THE PLANS AND SPECIFICATIONS FOR THE OLD TOWN CIVIC
CENTER PROJECT (PW08-07) AND AUTHORIZING THE SOLICITATION OF
CONSTRUCTION BIDS
9 Second Amendment to Agreement for Professional Engineering Design Services for the
Pavement Rehabilitation -STPL Project Proiect No. PW06-14
RECOMMENDATION:
9.1 Approve the second amendment to the agreement with Harris & Associates for the
Pavement Rehabilitation -STPL Project, Project No. PW06-14, for an amount not
to exceed $22,950 and authorize the Mayor to execute the amendment;
9.2 Extend the term of the agreement with Harris & Associates to expire on December
31, 2008.
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RECOMMENDATION:
10.1 Accept the construction of the Citywide Concrete Repairs FY 2007-08, Project No.
PW08-01, as complete;
10.2 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;
10.3 Release the Materials and Labor Bond seven months after filing of the Notice of
Completion if no liens have been filed.
11 Fair Political Practices Commission Letter (at the Reouest of Mavor Naggarl
RECOMMENDATION:
11.1 Approve sending a letter to Chairman Ross Johnson, Fair Political Practices
Commission requesting revision to disclosure requirements of independent
committees in local elections.
12 Aoorove Temoorarv Staffing Suooort Services
RECOMMENDATION:
' 12.1 Approve on an annual basis, temporary staffing support services with AppleOne for
$165,000; Manpower for $110,000; Kimco for $55,000; and TriStaff for $55,000.
13 Second Amendment to Agreement for Weed Abatement with Inland Empire Property
Services. Inc.
RECOMMENDATION:
13.1 Approve a second amendment to the agreement with Inland Empire Property
Services Inc., to provide weed abatement for Fiscal Year 2007/2008 in the amount
of $10,000 for a total agreement amount of $50,000.
14 Second Reading of Ordinance No. 08-03
RECOMMENDATION:
14.1 Adopt an Ordinance entitled:
ORDINANCE NO. 08-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THE SECOND AMENDMENT TO THE TEMECULA REGIONAL
' CENTER SPECIFIC PLAN (SP NO. 263) TO AMEND THE SIGN CRITERIA AND
TO ALLOW DAY SPAS AS A PERMITTED USE IN PLANNING AREAS 1 AND 2
LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER ROAD AND YNEZ
ROAD (PLANNING APPLICATION NUMBER PA08-0081)
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MOTION: Council Member Washington moved to approve the Consent Calendar. Council
Member Roberts seconded the motion and electronic vote reflected unanimous aparoval.
At 7:35 p.m., the City Council convened as the Temecula Community Services District, the
Redevelopment Agency, and the Temecula Public Finance Authority. At 7:45 p.m., the City
Council resumed with regular business.
PUBLIC HEARING
32 Adoat updated Water Efficient Landscape Design Standards
RECOMMENDATION:
32.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 08-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING CHAPTER 77.32 OF THE TEMECULA MUNICIPAL CODE TO
UPDATE THE WATER EFFICIENT LANDSCAPE DESIGN STANDARDS
By way of PowerPoint Presentation, Associate Planner Peters highlighted the Water Efficient
Landscape Ordinance (as per staff report).
With respect to Active Use in Residential areas, Associate Planner West noted that the Active
' Use area can be defined as the entire yard which would be intended for play.
At this time, the public hearing was opened and due to no speakers, it was closed.
For Council Member Roberts, Associate Planner West informed that the proposed Ordinance
would apply to commercial as well as residential; that water agencies will issue a public service
announcement that will describe the violation and citation process; and advised that Rancho
California Water District will provide a rebate program that will contribute to the offset of the
smart controller device for commercial and residential.
In response to Mayor Pro Tem Edwards' query, Director of Planning Ubnoske advised that
water efficiency would be part of the City's Sustainability Plan and that staff is currently
researching opportunities to utilize reclaimed water for residential landscaping uses.
At this time, City Attorney Thorson introduced and read by title only Ordinance No. 08-07.
MOTION: Mayor Pro Tem Naggar moved to approve staff recommendation. Council Member
Roberts seconded the motion and electronic vote reflected unanimous aaaroval.
33
RECOMMENDATION:
' 33.1 Introduce and read by title only an ordinance entitled:
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ORDINANCE NO. 08-08
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE
TO REVISE TEMPORARY USE PERMIT REQUIREMENTS, TO ALLOW MORE
FLEXIBILITY IN THE NUMBER OF DAYS PER YEAR FOR OUTDOOR DISPLAY
AND SALES, ALLOW SECOND DWELLING UNITS TO BE LOCATED WITHIN
THE FRONT YARDS OF L-1, VL, RR, HR RESIDENTIAL ZONING DISTRICTS,
ELIMINATE COVERED PARKING REQUIREMENT FOR CONGREGATE CARE
FACILITIES, AMEND SIGN STANDARDS TO PROHIBIT ADVERTISING A
BRAND NAME PRODUCT ON PERMANENT SIGNS (EXCEPT WHEN THE
BRAND NAME PRODUCT IS THE PRIMARY NAME OF THE BUSINESS BEING
ADVERTISED), ALLOW FUTURE TENANT IDENTIFICATION SIGNS TO BE
PERMITTED UPON ENTITLEMENT, PROVIDE ADDITIONAL STANDARDS FOR
DETACHED TEMPORARY BANNER SIGNS, AND MAKE OTHER MINOR
CLARIFICATIONS OR TYPOGRAPHICAL CORRECTIONS
Junior Planner Lowrey, by way of PowerPoint Presentation, highlighted the following main
components of staffs report:
• Background
• Minor Temporary Use Permit
• Permanent Sign Standard
• Future Tenant Identification Sign
Detached Temporary Banners
•
' • Detached Temporary Sign
Second Dwelling Units Guests Houses
• Congregate Care
• Clarifications
For Council Member Comerchero, Assistant City Manager Adams noted that Code Enforcement
will be addressing the removal of illegal banners and signs.
In response to Mayor Pro Tem Edwards, Junior Planner Lowrey advised that the applicant of
requested signage would be held accountable for obtaining all necessary permits for the
installation of such signage.
The City Council thanked Ms. Lowrey for her presentation.
At this time, the public hearing was opened.
A. Understanding the intent of the Ordinance, Mr. Rocky Osborn, representing Affordable
Portables, an AT&T authorized retailer, relayed his concern with the language in the Ordinance
that prohibits advertising brand name products on permanent signage except when the brand
name product is the primary name of the business; noted that his company carries many brand
names, but that Affordable Portables would not be advertising any brand names; relayed the
importance of being able to advertise Affordable Portables - an AT&T authorized retailer, not
just Affordable Portables; stated that it would be important that staff understand that the
applicant is not advertising any brand names, but rather the core of the business.
' For Mayor Naggar, Junior Planner Lowery informed that permanent signage would be a
monument or wall sign, and noted that window poster signs would not be prohibited from being
posted on windows.
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Junior Planner Lowery advised that existing businesses have been grandfathered into the
Development Code and would not be affected by the proposed Ordinance.
Understanding the intent of the Ordinance, Council Member Washington noted that it would be
his opinion that there may be some room for flexibility to address Mr. Adams' concern and,
thereby, allow a portion of his business name to be added to the signage.
Referencing Council Member Washington's query, City Attorney Thorson noted that if it were
the desire of the City Council to modify the language allowing for more flexibility, the Ordinance
could be referred to the Planning Commission for revision.
Junior Planner Lowrey stated that the Development Code would exclude or prohibit a "slogan
sign'; that staffs concern would pertain to brand names; and that the matter may be referred to
the Planning Commission for revision and then reconsidered by the City Council.
Understanding the objective of the Ordinance, Council Member Comerchero relayed that it
would be his opinion that the Ordinance would be too restrictive; that the City Council should be
exploring opportunities to encourage businesses to succeed and not discourage them; and
relayed that it would be his desire to impose signage that would follow the square footage
requirements already in place.
Agreeing with Council Member Comerchero's comments, Mayor Pro Tem Edwards noted that
the Ordinance be readdressed to reflect specific guidelines imposing that signage meet square
footage requirements.
' Referencing Mr. Osborn's request, Council Member Roberts relayed that he would concur with
Council Member Washington's comments and would be willing to work with the applicant in
achieving his ultimate goal.
Council Member Comerchero reiterated that it would be his opinion that it would not be the
City's position to dictate the verbiage placed on signage but would agree that the applicant
should comply with the City's sign standards and square footage requirements.
City Attorney Thorson recommended that Section 8 of the Ordinance be deleted and that staff
and two Council Members work on revising the language in the Ordinance.
Council Member Washington and Council Member Comerchero agreed to work with staff on the
revision of Section 8 of this Ordinance.
City Attorney Thorson advised that the revised language be forwarded to the Planning
Commission before returning to the City Council for reconsideration.
At this time, City Attorney Thorson introduced and read by only Ordinance No.08-08.
MOTION: Council Member Washington moved to approve staff recommendation subject to
intentionally deleting Section 8; that he, along with Council Member Comerchero work with staff
on revision the language of Section 8 of the Ordinance; and that the revision be forwarded to
the Planning Commission prior to the City Council reconsider the matter. Council Member
Comerchero seconded the motion and electronic vote reflected unanimous aoaroval.
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CITY COUNCIL BUSINESS
' 34 Development of a City Sustainability Program Plan (Long Range Planning Project Ni
LR08-0007), which includes recommendations for endorsement of the California Green
rating system for residential homes and a Municipal Green Building Policy (LR08-0001)
RECOMMENDATION:
34.1 Provide staff direction to continue with the development of a City Sustainability Plan
as outline by staff;
34.2 Adopt a resolution entitled:
RESOLUTION NO. 08-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ENDORSING THE CALIFORNIA GREEN BUILDER PROGRAM (CGB) FOR NEW
SINGLE-FAMILY RESIDENTIAL PRODUCTION HOMES, AND REQUIRING ALL
NEW CONSTRUCTION AND ADDITIONS TO CITY OWNED FACILITIES TO BE
DESIGNED AND CONSTRUCTED TO ACHIEVE A MINIMUM LEADERSHIP IN
ENERGY AND ENVIRONMENTAL DESIGN (LEED) CERTIFIED RATING (LONG
RANGE PLANNING NUMBER LR08-0007
Associate Planner West, by way of PowerPoint Presentation, highlighted the main components
of the Sustainability Plan Structure:
' • Temecula Sustainable Action Plan
• Mission Statement
• Five Guiding Principles
• Seven Core Categories
• Goals
• Implementation
• Progress Report
• Timeline
By way of PowerPoint Presentation, Assistant Planner Lecomte highlighted the Green Building
Program:
• Framework
o Policies
o Standards
o Outreach and Education
• Voluntary
• Single Family Residential Production Homes
• Third Party Verification by a Certified Rater
• Municipal Green Building Code
• Recommendation
' Referencing Mayor Naggar's query, Associate Planner West advised that although the City, at
this time, would not have its own method of measuring a cost benefit analysis of going green
over the life span of a building, there are programs that would accomplish this.
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Mayor Naggar requested that when this item is brought back, that a cost benefit analysis
method be brought forward to review.
Associate Planner West advised that there is a City that is currently implementing a net zero
system that would, in time, eliminate a utility bill for a home owner; and that the State's school
system is currently working on implementing a net zero system as well.
Council Member Washington advised that Woodside Homes recently hosted a Solar Expo
which offers a $30,000 solar package incentive to potential home buyers.
In response to Mayor Naggar's query, Assistant City Manager Johnson advised that the Green
Builder Program item is expected to return to the City Council with a series of recommendations
that may include Ordinances and/or policies; noting that staff will have more information after
the State updates its policy with respect to water and energy efficiency; and that a City Council
subcommittee will be needed as staff proceeds forward with the Ordinance.
City Attorney Thorson advised that the Leadership in Energy and Environmental Design (LEED)
certified level for the City of Temecula buildings is mandatory and will go into effect when the
above-mentioned Ordinance is adopted.
Offering more information, Assistant City Manager Johnson advised that although the future
Civic Center will be LEED certified and will be energy efficient, the architects for the future Civic
Center stated that there would be a potential for the Civic Center to be at LEED Silver level.
City Manager Nelson stated that a cost benefit analysis will be performed with every new facility
built in the City of Temecula to ensure that the City is environmentally sensitive and to obtain a
' tangible rate of return of going green; advising that the whole process will be an ongoing
process that will continue for many years to come.
Thanking staff for the PowerPoint Presentation, Council Member Comerchero relayed his
enthusiasm of bringing this Ordinance to fruition; and advised of his desire of adding a fiscal
impact section to all staff reports pertaining to the Green Building Ordinance.
Mayor Naggar requested that with the implementation of the Green Building Ordinance, that the
developer provide the consumer a quantifiable cost benefit of purchasing a LEED certified
home.
Commenting on the future ad hoc committee regarding the Green Building Ordinance, Mayor
Naggar requested that two City Council Members, two Planning Commissioners, and one Public
Traffic Safety Commissioner partake in the process.
Council Member Roberts and Council Member Washington both expressed their desire to serve
on the future ad hoc committee for the Green Building Ordinance.
Mayor Naggar stated that if the remaining City Council Members have ideas and suggestions
with regard to the Green Builder Program Ordinance that they be forwarded to the ad-hoc
committee.
MOTION: Mayor Naggar moved to approve staff recommendation and appoint City Council
' Member Roberts and City Council Member Washington to serve on the Green Builder Program
ad hoc committee. Mayor Pro Tem Edwards seconded the motion and electronic vote reflected
unanimous aoaroval.
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CITY MANAGER REPORT
' No report at this time.
CITY ATTORNEY REPORT
With respect to Closed Session, City Attorney Thorson advised that no action was taken with
respect to the two real estate items and the potential litigation item; and advised that because
Council Member Roberts serves on the Board of Habitat for Humanity, he did not partake nor
attend Closed Session with respect to the Pujol property.
ADJOURNMENT
At 9:03 p.m. the City Council meeting was formally adjourned to Tuesday, August 12, 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.
M ~~
1~
Michael . N ggar, Mayor
ATTEST:
[SEAL]
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