HomeMy WebLinkAbout081208 CC Minutes
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MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
AUGUST 12, 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, August 12, 2008, in the City Council Chambers of Temecula City Hall,
43200 Business Park Drive, Temecula, California.
Present:
Council Members:
Comerchero, Edwards, Washington, Naggar
Absent:
PRELUDE MUSIC
Council Members:
Roberts
The prelude music was provided by Eve Craig
INVOCATION
The invocation was provided by Pastor W.M. Rench of Calvary Baptist Church of Temecula
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Council Member Washington
RECOMMENDATION:
A. Adopt the following Motion: "Motion pursuant to Government Code Section
54954.2(b)(2) to add an item to the August 12, 2008 Agenda for the approval of a
resolution declaring of a local emergency based on the following facts: (1) there is a
need to take immediate action on this Agenda Item and resolution; (2) the need for
action came to the attention of the City subsequent to the Agenda being posted on
August 8, 2008; and (3) the Legislature is now contemplating transfer of local
redevelopment funds, General Fund Property Tax money and Prop 42 monies and Staff
was advised this morning that action will now be taken on the proposed transfer this
week." The Motion requires adoption by 4/5`h vote of the City Council.
B. Discussion and direction to Staff
C. Adopt a resolution entitled:
RESOLUTION NO. 08-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO
OPPOSE ANY ACTION BY THE STATE OF CALIFORNIA TO BORROW OR
TAKE LOCAL GOVERNMENT FUNDS, SUCH AS PROPERTY TAX,
PROPOSITION 42, OR REDEVELOPMENT FUNDS
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City Attorney Thorson provided a brief staff report (as written record).
' MOTION: Council Member Washington moved to add the opposition to legislation transferring
local funds to the State item to the City Council agenda. Council Member Edwards seconded
the motion and electronic vote reflected approval with the exception of Council Member
Roberts who was absent.
PRESENTATIONS/PROCLAMATIONS
Certificate of Achievement to Daniel Runkel for attaining the rank of Eagle Scout
On behalf of the City Council, Mayor Naggar presented Daniel Runkel a Certificate of
Achievement for attaining the rank of Eagle Scout.
Thanking the City Council for the Certificate of Achievement, David Runkel described how he
attained the rank of Eagle Scout.
RECOMMENDATION:
A. Adopt the following Motion: "Motion pursuant to Government Code Section
54954.2(b)(2) to add an item to the August 12, 2008 Agenda for the approval of a
resolution declaring of a local emergency based on the following facts: (1) there is a
need to take immediate action on this Agenda Item and resolution; (2) the need for
' action came to the attention of the City subsequent to the Agenda being posted on
August 8, 2008; and (3) the Legislature is now contemplating transfer of local
redevelopment funds, General Fund Property Tax money and Prop 42 monies and Staff
was advised this morning that action will now be taken on the proposed transfer this
week.° The Motion requires adoption by 4/5`" vote of the City Council.
B. Discussion and direction to Staff
C. Adopt a resolution entitled:
RESOLUTION NO. 08-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO
OPPOSE ANY ACTION BY THE STATE OF CALIFORNIA TO BORROW OR
TAKE LOCAL GOVERNMENT FUNDS, SUCH AS PROPERTY TAX,
PROPOSITION 42, OR REDEVELOPMENT FUNDS
City Manager Nelson provided a brief staff report (of written record), and noted that it would be
his opinion that it will be difficult for legislation to pass the shifting of funds; that with the City
Council's approval of the proposed Resolution, staff will ensure that the Governor, State
Legislature, and all cities within the proximity of Temecula are apprised of the City of
Temecula's position on the issue.
' City Clerk Jones advised that there were no speakers for this item.
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MOTION: Council Member Comerchero moved to approve the State Budget Crisis-opposition
to legislation transferring local funds to the State. Mayor Pro Tem Edwards seconded the
' motion and electronic vote reflected approval with the exception of Council Member Roberts
who was absent.
PUBLIC COMMENT
A. By way of overheads, Mr. Stephen Eldred, Temecula, referenced a letter from City
Attorney Thorson to the California Fair Political Practices Commission (FPPC) with respect to
City construction of priority improvements with Bond proceeds and the Europa Village project
and expressed his concern with the City not requiring that the Europa Village project install its
road improvements before the construction of its project.
Briefly responding to Mr. Eldred's concern, City Attorney Thorson relayed that the Europa
Village project is not a City project, but rather a County project; that the priority public
improvements that the City is undertaking for Butte~eld Stage Road stops at La Serena Road
and is not adjacent to the Europa Village property; advised that City funds will not be used to
construct the roads adjacent to the Europa Village project; and stated that the County would be
best able to respond as to what the traffic impacts would be and the imposed conditions.
For clarification purposes, City Attorney Thorson stated that the project referenced via
overheads by Mr. Eldred is the Euorpa Vinyard Estates, not the Europa Village project; and that
in response to the letter submitted to the California Fair Political Practices Commission, staff
attorneys relayed that it was their opinion that there was no conflicts of interest with respect to
acquisition of property to the south.
' B. Mr. Doc Lain, Temecula, expressed his confusion with City Attorney Thorson's comment
with respect to the Rancon Group not being a legal entity when Council Member Comerchero is
the President of the Rancon Group and queried as to why the City Manager would allow the City
Attorney to address this matter with the California Fair Political Practices Commission.
In response to Mr. Lain's confusion, City Attorney Thorson reiterated that the Rancon Group is
not a legal entity and advised that the letter submitted to the FPPC explains how the Rancon
Group is not a legal entity.
C. Speaking enthusiastically regarding Old Town, Ms. Maggie Homza, Temecula, relayed
her positive experience with living in the Dalton building; spoke regarding her adventures
entertaining friends and family in Old Town; and encouraged the City Council to move forward
with its vision for the Old Town area.
D. Mr. Chris Pedersen, Temecula, thanked the City County with respect to its opposition to
the legislation of transferring local funds to the State and would be hopeful that the opposition is
a success.
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.
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2 Minutes
' RECOMMENDATION:
2.1 Approve the minutes of July 8, 2008;
2.2 Approve the minutes of July 22, 2008.
3 List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 08-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
4 City Treasurer's Report as of June 30 2008
RECOMMENDATION:
4.1 Approve and file the City Treasurer's Report as of June 30, 2008.
(Item No. 5 was discussed under separate discussion; see pages 10 and 11.)
5 Approve the Sponsorship Request for the 2008 Temecula Onstage Event
RECOMMENDATION:
5.1 Approve the event sponsorship agreement in the amount of $7,500 cash and actual
city support costs in the amount up to $6,025 for Temecula Onstage and authorize
the Mayor to execute the Agreement.
(Item No. 6 was discussed on under separate discussion; see page 8.)
6 Endorse and Support the Appointment to the Temecula Higher Education Foundation Board
of Directors
RECOMMENDATION:
6.1 Endorse and support the appointment of Mayor Naggar and Council Member
Washington to the Temecula Foundation for Higher Education (the "Foundation")
Board of Directors.
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(Item No. 7 was discussed under separate discussion; see page 9.)
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RECOMMENDATION:
7.1 Adopt a resolution entitled:
RESOLUTION N0.08-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
EXPRESSING THE CITY COUNCIL'S SUPPORT FOR THE AGENT ORANGE
EQUITY ACT (FILNER), WHICH WOULD ENSURE THAT ALL VIETNAM
VETERANS EXPOSED TO AGENT ORANGE RECEIVE THEIR EARNED
BENEFITS
8 Support for SB 1499 (Boxer & Feinstein) / HR 2548 (Solis) -Marine Vessel Emissions
Reduction Act of 2007
RECOMMENDATION:
8.1 Adopt a resolution entitled:
RESOLUTION NO.08-77
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
EXPRESSING THE CITY COUNCIL'S SUPPORT FOR SB 1499 (BOXER 8~
FEINSTEIN) / HR 2548 (SOLIS) WHICH WOULD SIGNIFICANTLY REDUCE
EMISSIONS FROM MARINE VESSELS AFFECTING AIR QUALITY FOR
SOUTHERN CALIFORNIA RESIDENTS
(Item No. 9 was discussed under separate discussion; see pages 9 and 10.)
9 Suaaort for SB 1646 (Padilla) -Clean Fuels Program Reauthorization
RECOMMENDATION:
9.1 Adopt a resolution entitled:
RESOLUTION NO. 08-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
EXPRESSING THE CITY COUNCIL'S SUPPORT FOR SB 1646 (PADILLA)
WHICH WOULD CONTINUE TO FIND AND NURTURE CLEAN FUELS
TECHNOLOGIES RELATED TO TRANSPORTATION AND STATIONARY
SOURCES OF AIR POLLUTION
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10 Mortaaoe Credit Certificate Prooram
' RECOMMENDATION:
10.1 Adopt a resolution entitled:
RESOLUTION NO. 08-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE
CREDIT CERTIFICATE (MCC) PROGRAM
11 Holiday Schedule for Citv Council Meetinos 7
RECOMMENDATION:
11.1 Direct the City Clerk to reschedule the regularly scheduled meeting of November
11, 2008 to November 18, 2008, and cancel the regularly scheduled meeting of
December 23, 2008; and to pertorm the appropriate postings and noticing
requirements of the Government Code.
(Item No. 12 was discussed under separate discussion; see page 10.)
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RECOMMENDATION:
12.1 Approve the Plans and Specifications for the Project;
12.2 Authorize the Department of Public Works to solicit construction bids for the
Temecula Parkway Re-striping of eight lanes from Interstate-15 to Pechanga
Parkway, Project No. PW07-08.
13 Roripaugh Ranch Proiect -
RECOMMENDATION:
13.1 Receive and file this report providing an update on the status of the City's ongoing
efforts to initiate construction of the Priority Public Improvements related to the
Roripaugh Ranch CFD, (CFD 03-02).
14 Purchasino Authorization for Reorooraohics Services -Old Town Civic Center - PW06-07
Phase 2
RECOMMENDATION:
' 14.1 Approve the purchasing authorization for reprographics services with OCB
Reprographics for an amount not to exceed $50,000 for Old Town Civic Center
(OTCC) Project, PW06-07 Phase 2.
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15
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO.08-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
AUTHORIZING TEMPORARY STREET CLOSURE OF MAIN STREET BETWEEN
OLD TOWN FRONT STREET AND MURRIETA CREEK FOR THE "TEMECULA-
ON-STAGE" EVENT SCHEDULED FOR AUGUST 30, 2008, AND AUTHORIZING
THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL
EVENTS PERMIT INCLUDING STREET CLOSURES
16 Third Amendment to Agreement with Albert A. Webb Associates
16.1 Approve the third amendment to Agreement between the City of Temecula and
Albert A. Webb Associates for consulting services for the Santa Margarita
Ecological Reserve Annexation Area.
17 Second Reading of Ordinance No. 08-07
RECOMMENDATION:
17.1 Adopt an Ordinance entitled:
ORDINANCE NO. 08-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING CHAPTER 17.32 OF THE TEMECULA MUNICIPAL CODE TO
UPDATE THE WATER EFFICIENT LANDSCAPE DESIGN STANDARDS
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18 Second Reading of Ordinance No. 08-08
RECOMMENDATION:
18.1 Adopt an Ordinance entitled:
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, 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
CONSENT CALENDAR ITEM CONSIDERED UNDER SEPARATE DISCUSSION
6 Endorse and Suooort the Appointment to the Temecula Higher Education Foundation Board
of Directors
RECOMMENDATION:
6.1 Endorse and support the appointment of Mayor Naggar and Council Member
Washington to the Temecula Foundation for Higher Education (the "Foundation") Board
of Directors.
Excited about Cal State San Marcos starting classes in the City of Temecula, Mayor Naggar
offered the following highlights:
• That classes will begin September, 2008
• That currently there are 54 students enrolled in the nursing program, and 300 plus on
the waiting list; and that Cal State San Marcos has created a partnership with Murrieta
hospitals to share lab
• That the school will offer Medical Billing, Pharmacy Tech, EKG Tech, Coding Certificate,
Registered Nurse Refresher Courses, and an Electric Power System Operator Course
• That the ultimate goal would be to create a permanent campus for the City of Temecula
Representatives of Cal State San Marcos also spoke enthusiastically about opening a school in
the City of Temecula and relayed the importance of raising the level of education in the region.
MOTION: Council Member Comerchero moved
Edwards seconded the motion and electronic vot
Council Member Roberts who was absent.
to approve Item No. 6. Mayor Pro Tem
e reflected approval with the exception of
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MOTION: Council Member Comerchero moved to approve the Consent Calendar with the
exception of Item Nos. 5, 6, 7, 9, 12, and 15 being discussed under separate discussion. Mayor
' Pro Tem Edwards seconded the motion and electronic vote reflected approval with the
exception of Council Member Roberts who was absent.
CONSENT CALENDAR ITEMS CONSIDERED UNDER SEPARATE DISCUSSION
7 Support for Aoent Oranoe Equity Act (Filnerl - At the reouest of Mavor Naooar and Council
Member Comerchero
RECOMMENDATION:
7.1 Adopt a resolution entitled:
RESOLUTION N0.08-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
EXPRESSING THE CITY COUNCIL'S SUPPORT FOR THE AGENT ORANGE
EQUITY ACT (FILNER), WHICH WOULD ENSURE THAT ALL VIETNAM
VETERANS EXPOSED TO AGENT ORANGE RECEIVE THEIR EARNED
BENEFITS
Council Member Comerchero provided a brief staff report with respect to Agent Orange Equity
Act (as written record).
A. Mr. Tom Courbat, Murrieta, relayed his support of the Agency Orange Equity Act and
requested that the City Council amend the Resolution to include appropriate benefits for those
Veterans who served in Korea.
In response to Mr. Courbat's request, Council Member Comerchero relayed that although
Congressman Filner's Bill will be specific to Vietnam Veterans, he would be in favor of adding
language that would stipulate that Congress include in a separate piece of legislation ensuring
that all Veterans exposed to Agent Orange be covered as well.
MOTION: Council Member Comerchero moved to approve staff recommendation subject to
requesting that Congress include that all Veterans exposed to Agent Orange be covered.
Mayor Naggar seconded the motion and electronic vote reflected approval with the exception
of Council Member Roberts who was absent.
9 Support for SB 1646 (Padilla) -Clean Fuels Prooram Reauthorization
RECOMMENDATION:
9.1 Adopt a resolution entitled:
RESOLUTION NO. 08-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
EXPRESSING THE CITY COUNCIL'S SUPPORT FOR SB 1646 (PADILLA)
' WHICH WOULD CONTINUE TO FIND AND NURTURE CLEAN FUELS
TECHNOLOGIES RELATED TO TRANSPORTATION AND STATIONARY
SOURCES OF AIR POLLUTION
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' Management Analyst Middlecamp provided a staff report (of record).
A. Speaking enthusiastically with regard to going green, Mr. Paul Jacobs, Temecula,
applauded the City Council's efforts with respect to going green and encouraged the City
Council to approve Item No. 9.
MOTION: Council Member Washington moved to approve staff recommendation. Council
Member Comerchero seconded the motion and electronic vote reflected approval with the
exception of Council Member Roberts who was absent.
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Proiect No. PW07-08
RECOMMENDATION:
12.1 Approve the Plans and Specifications for the Project;
12.2 Authorize the Department of Public Works to solicit construction bids for the
Temecula Parkway Re-striping of eight lanes from Interstate-15 to Pechanga Parkway
Project No. PW07-08.
Director of Public Works Hughes advised that the project will provide and complement the
double right-hand turns, advising that the opening bid will be in September and would be
awarded in October with construction to begin in mid-November; and noted that the project will
take approximately five to six weeks to complete with the majority of the work being constructed
at night.
MOTION: Mayor Naggar moved to approve staff recommendation. Council Member
Washington seconded the motion and electronic vote reflected approval with the exception of
Council Member Roberts who was absent.
5 Approve the Sponsorship Request for the 2008 Temecula Onstage Event
RECOMMENDATION:
5.1 Approve the event sponsorship agreement in the amount of $7,500 cash and actual
City support costs in the amount up to $8,025 for Temecula Onstage and authorize the
Mayor to execute the Agreement.
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Works
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 08-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
AUTHORIZING TEMPORARY STREET CLOSURE OF MAIN STREET BETWEEN
OLD TOWN FRONT STREET AND MURRIETA CREEK FOR THE "TEMECULA-
ONSTAGE" EVENT SCHEDULED FOR AUGUST 30, 2008, AND AUTHORIZING
THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL
EVENTS PERMIT INCLUDING STREET CLOSURES
Council Member Washington provided a brief staff report with respect to Item Nos. 5 and 15,
advising that he will no longer be serving as Chair of Temecula Onstage.
MOTION: Council Member Comerchero moved to approve staff recommendation. Mayor Pro
Tem Edwards seconded the motion and voice vote reflected approval with the exception of
Council Member Roberts who was absent.
PUBLIC HEARING
23 First Reading of the Amendment to the Citv of Temecula's Gradino Erosion and Sediment
Control Ordinance
RECOMMENDATION:
23.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 08-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING PORTIONS OF TITLE 18 OF THE TEMECULA MUNICIPAL CODE
TO PROVIDE CONSISTENCY WITH THE ADOPTION OF THE 2007 EDITION OF
THE CALIFORNIA BUILDING CODE INCLUDING APPENDIX "J" AND TO MAKE
OTHER MINOR CLARIFICATIONS AND CORRECTIONS
Deputy Public Works Director York provided a brief 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. 08-09.
' MOTION: Council Member Washington moved to approve staff recommendation. Mayor Pro
Tem Edwards seconded the motion and electronic vote reflected approval with the exception
of Council Member Roberts who was absent.
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' CITY COUNCIL BUSINESS
24 Emergency Operations /Communication Update - at the request of Mavor Naggar
RECOMMENDATION:
24.1 Receive and file
By way of PowerPoint Presentation, Deputy City Manager Yates highlighted the main
components of staffs report, as follows:
• All Hazards
o Earthquake
o Fires
o Floods
o Weather Events
o Terrorists Events
o Transportation Accidents
o Hazardous Materials Incidents
• Cooperative Partnerships
o Contracts for Police and Fire Services
o NUSD
o Special Districts
o Business Community
o TCC Programs
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• Golden Guardian Partnerships
o State-Wide Emergency Management Exercises
o November 13, 2008
o Focusing on Earthquake Scenarios
o Part of the City's Continual Training Program
With respect to the City's Emergency Operations Communications Update, Assistant City
Manager Adams highlighted the following:
Temecula Alert
o Citizen Emergency Hotline- (951) 506-5111
o Communicator System or Reverse 911
o CellphoneNOIP Registration
o E-mail Notifications
o Alert AM 1610 Radio Station (to be up and running September'08)
o Temecula Outreach N
o Website-www.citvoftemecula.org
Communications Update
o External Communications Ad-Hoc Subcommittee
Fire Chief Patterson, by way of PowerPoint Presentation, highlighted the main components of
his report:
' Temecula Citizen Corps
o Temecula Citizen Corps/Citizen Emergency Response Team (CERT)
o Jr. CERT
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By way of PowerPoint Presentation, Police Chief Williams highlighted the following main
components:
• Citizen Action Patrol (CAP)
o Volunteer Program
o Assists Police Department
o Handles Traffic Control at Special Events
o Other Assignments as Needed
o Training Provided
Mayor Naggar relayed the importance of Temecula citizens signing up on the City's VOIP
registration system through the City's website in order to receive emergency information.
The City Council commended staff for its efforts with respect to the Emergency Operations
Update.
CITY MANAGER REPORT
No report at this time.
CITY ATTORNEY REPORT
With respect to Closed Session, City Attorney Thorson advised that there was no formal action
to report with respect to Closed Session; but noted that the one real estate matter discussed in
Closed Session will return to the City Council as a public hearing item; and advised that Council
' Member Roberts was not in attendance of Closed Session.
CITY COUNCIL REPORTS
A. Council Member Washington advised of a Golf Tournament benefiting the military
families of Temecula, noting that the event will be held at Temecula Creek Inn on Friday,
September 5~"~ at 11:00 a.m.; and advised that for more information to call Mr. Jim Bailey at
(760) 521-5087 or access the City's website at www.cityoftemecula.org.
ADJOURNMENT
At 9:00 p.m. the City Council meeting was formally adjourned to Tuesday, August 26, 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.
V V~
Michael S. Naggar, Mayor
ATTEST:
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[SEAL]
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