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HomeMy WebLinkAbout090908 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL SEPTEMBER 9, 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, September 9, 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 Eve Craig INVOCATION The invocation was provided by Rabbi Yitzchok Hurwitz from Chabad of Temecula Valley PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Council Member Edwards PRESENTATIONS/PROCLAMATIONS PTA Membership Month Proclamation Recognizing the Parent Teacher Association (PTA), Mayor Naggar on behalf of the City Council presented Ms. Weersing, representing the City's PTA, with a proclamation proclaiming September, 2008, as PTA Membership Month. On behalf of the PTA members, Ms. Weersing happily accepted the proclamation and thanked the City Council for the recognition. Introduction of Human Services Manager Charles Walker Mayor Naggar introduced newly hired Human Services Manager, Mr. Charles Walker. Thanking the City Council for the warm welcome, Mr. Walker briefly described his past experience as a Human Services Manager. Advising how the Youth Master Plan came to fruition, Council Member Washington relayed the Council's excitement in moving the program forward. R:UAinutes\090908 Temecula Wine Month Proclamation. Certificates of Achievement to Wineries. and Presentation to Jim Carter ' With Governor Schwarzenegger declaring September, 2008, as California Wine Month and with the Temecula Valley Winegrowers Association recognizing September as Temecula Wine Month, Mayor Naggar presented Mr. Ray Falkner, President of the Temecula Winegrowers Association, and Ms. Tomi Arbogast, Executive Director of the Winegrowers Association, with a proclamation. Accepting on behalf of the Temecula Winegrowers Association, Mr. Falkner and Ms. Arbogast thanked the City Council for the proclamation and advised of the upcoming Harvest Wine Tasting event on November 1S` and 2"' Commending the outstanding achievement of the following wineries for receiving recognition for its award winning wines that promote and enrich the reputation of Temecula Valley as being one of the finest wine growing regions in California, Mayor Naggar presented the following wineries with a Certificate of Achievement: • Bailey Winery • Falkner Winery • Keyways Winery • La Cereza Winery • Maurice Carrie Winery • Mount Palomar Winery • Stuart Cellars • Thornton Winery ' • Wilson Creek Winery In honor of receiving the Golden Bear Winery trophy from the California State Fair Commercial Wine Competition, the oldest and most prestigious wine competition in North America, Mayor Naggar presented South Coast Winery with a digital photo frame. Mr. and Mrs. Carter thanked the City Council for the recognition and gave a special thanks to Jon McPherson, Master Winemaker, and Javier Flores, Winemaker. Representing the Temecula Valley Convention and Visitors Bureau, Mr. Dennis Ferguson commended the Temecula Winegrowers Association. The City Council also commended the Temecula Winegrowers Association for its efforts in raising the bar. PUBLIC COMMENT A. Speaking on behalf of the 14"' Annual Temecula Valley Film and Music Festival, Ms. Ellen Watkins advised that the event will run through September 17 - 21, 2008, at Tower Plaza, advising that more information may be found at www.tvff.com. B. With regard to the 14`" Annual Temecula Valley Film and Music Festival, Ms. Bev Hoffman announced the honorees, provided information with respect to housing film makers, ' and invited the public to attend the event. R:\Minutes\090908 C. Ms. Jim McCann, representing Temecula Valley Inline Hockey Association, commended the Community Services Department and City Council for the improvements made to the roller t hockey rink and pledged to allocate $8,000 to install a permanent score board. D. Mr. Doc Laine, Temecula, queried Mr. Pedersen's comments, made at the 08/26/08 City Council meeting, with respect to Mr. Pedersen suing the City; and questioned Mayor Naggar's previous comments with regard slow growth in the City. E. Thanking the City Council for its efforts in making the City of Temecula a wonderful place to live, Ms. Sarah Barrette, Temecula, commended the City for its state-of-the-art facilities made available to the residents. F. By way of overheads, Mr. Stephen Eldred, Temecula, relayed his amazement with Council Member Washington's comment that the Wine Country is not within the City's sphere of influence; and relayed his concern with the City using its funds to install infrastructure adjacent to the Europa Vinyards Estates and Europa Village, noting that it would be his opinion that certain Council Members have a vested interest and/or conflicts of interest. G. Ms. Lorena Spencer, Temecula, relayed her dismay with Mayor Naggar allowing Mr. Chris Pedersen to continually speak untruths with respect to Mr. Pedersen not suing the City; and queried Mayor Naggar's intent in 1999 to promise to oppose traffic and development but questioned his intent now. H. Ms. Vicki Long, representing Citizens for the Preservation of Open Space, commended the City Council for its continued efforts on the annexation process. ' I. Mr. Grey Frandsen commended the City Council for its creation of a wonderful foundation for families and for making decisions based on good public policy and encouraged the City Council to continue on its mission. J. Referencing the right to free speech, Mr. Fred Bartz, Temecula, expressed his embarrassment to the comments that have been made by certain individuals at past City Council meetings; further relayed the importance of obtaining the facts before making comments; and applauded the efforts of the City Council. K. Mr. Gary Thornhill, Temecula, echoed comments made by Mr. Bartz; advised that Wine Country is not be in the City's sphere of influence; and reiterated that there would not be any conflicts of interest with respect to Wine Country and the City of Temecula. L. Mr. Carlos Palma, Temecula, referenced a 1966 written document and commended the City Council for creating a thriving and vibrant City for its residents to live. CITY COUNCIL REPORTS A. Council Member Washington shared some history with respect to Old Town and the Farmers' Market and relayed the City Council's vision with respect to the future of the City of Temecula. B. By way of overheads, Mayor Naggar advised of the upcoming Temecula Youth ' Employment Exp on Saturday, October 4th from 9:00 a.m. to 1:00 pm., at Mt. San Jacinto College Temecula Education Complex. R:\Minutes\090908 3 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 August 12, 2008. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 08-85 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 July 31 2008 RECOMMENDATION 4.1 Approve and file the City Treasurer's Report as of July 31, 2008. 5 First Amendment to Agreement with Environmental Science Associates (ESA) for Splash Canvon Water Park Environmental Impact Report RECOMMENDATION: 5.1 Approve the First Amendment to the Agreement with Environmental Science Associates (ESA), in the amount of $119,900 for the continued effort of preparing an Environmental Impact Report (EIR) for the Splash Canyon Water Park, Planning Application No. PA08-0037. 6 Approve the SDOnsorshiD Request and Agreement for the 2008 Temecula Fall Rod Run RECOMMENDATION: 6.1 Approve the sponsorship request and agreement for actual City support costs in the amount up to $38,350 for the 2008 Temecula Fall Rod Run and authorize the Mayor to execute the agreement. R:VNinutes\090908 7 Amendment No. 3 to the Cooperative Agreement with the Friends of the Temecula Children's Museum ' RECOMMENDATION: 7.1 Approve Amendment No. 3 to the Cooperative Agreement between the City of Temecula and Friends of the Temecula Children's Museum for the support of the Temecula Children's Museum. Consent Calendar Item No. 8 was addressed under separate discussion; see pages 6-9. 8 Award a Construction Contract for the Old Town Civic Center Phase II~ Proiect No. PW06- 07 RECOMMENDATION: 8.1 Award a construction contract for Project No. PW06-07, the Old Town Civic Center, Phase II, to Edge Development, Inc., in the amount of $31,555,500 and authorize the Mayor to execute the contract; 8.2 Authorize the City Manager to approve change orders cumulatively totaling up to 10% of the contract amount; 8.3 Make a finding that the Old Town Civic Center project and the adjacent Parking Structure Project are exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. ' 9 Secondary Designated Fund Balance Reserve for Economic Uncertainty RECOMMENDATION: 9.1 Receive and file this report regarding a Secondary Designated Fund Balance Reserve for Economic Uncertainty of $9.7 million. 10 Computer Equipment Purchase RECOMMENDATION: 10.1 Authorize the purchase of Hewlett Packard (HP) computer equipment for the total amount of $54,145.45, which includes shipping and applicable sales tax. 11 Reconvevance of four (4) Old Town parcels from the Citv to the Redevelopment Agencv RECOMMENDATION: 11.1 Authorize staff to convey four (4) City-owned properties in Old Town to the Redevelopment Agency: Formerly APN Nos. 922-034-029, -030, -031, -032, -033, and -034, located along the north side of Main Street, west of Mercedes Street, and APN Nos. 922-044-019, -026, -027, and -029, located along the south side of Main ' Street, west of Mercedes; 11.2 Authorize the Executive Director to execute the Grant Deed on behalf of the Agency and take all other necessary action relating to the conveyance of the property. R:Vvlinutes\090908 Referencing Consent Calendar Item No. 9, Mayor Naggar relayed that with Item No. 8 coming ' in under budget, the extra $9.7 million will be included with the existing $12.6 million reserve, totaling $22.3 million in reserves. MOTION: Council Member Roberts moved to approve the Consent Calendar except for Item No. 8 (discussed separately; see page 6-9). Mayor Pro Tem Edwards seconded the motion and electronic vote reflected approval with the exception of Council Member Comerchero who abstained on Item No. 7. 8 Award a Construction Contract for the Old Town Civic Center. Phase II• Proiect No. PW06-07 RECOMMENDATION: 8.4 Award a construction contract for Project No. PW06-07, the Old Town Civic Center, Phase II, to Edge Development, Inc., in the amount of $31,555,500 and authorize the Mayor to execute the contract; 8.5 Authorize the City Manager to approve change orders cumulatively totaling up to 10% of the contract amount; 8.6 Make a finding that the Old Town Civic Center project and the adjacent Parking Structure Project are exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. Director of Public Works Hughes provided a brief staff report (per agenda packet). ' The following speakers spoke in favor of the proposed Old Town Civic Center project: • Mr. Michael Caudill, Temecula • Ms. Tomi Arbogast, Temecula • Mr. Bernard Truax, Temecula • Mr. Murphy Gutman, Temecula • Ms. Terri Pebley, Temecula • Mr. Clif Hewlett, Temecula • Mr. Dennis Ferguson, Temecula • Mr. Walt Allen, Temecula • Mr. Ed Dool, Temecula • Ms. Sarah Barrette, Temecula • Mr. David Phares, Temecula • Ms. Alice Sullivan, Temecula • Mr. Paul Jacobs, Temecula • Mr. Neil Clevland, Temecula • Mr. Chris Baily, Temecula • Mr. Jimmy Moore, Temecula • Mr. Ron Walton, Temecula • Mr. Gary Thornhill, Temecula, • Mr. Chris Pedersen, Temecula ' Mr. Carlos Palma, Temecula R:\Minutes\090908 6 Expressing excitement with the retail/commercial growth associated with the proposed Old Town Civic Center, the following speakers spoke in favor of the Civic Center project for the ' following reasons: • That growth will bring economic viability to the City of Temecula • That private investors have invested in the Old Town area because of the Civic Center • That the Civic Center will promote business and tourism in Old Town • That Civic Center will be an asset to the City for decades and will be a major contributor to the conversion and transition of the Old Town Temecula to a downtown area • That Civic Center will provide a cornerstone destination for tourism in the Old Town area • That many of the stake holders in Old Town would be in favor of the proposed Old Town Civic Center • That the Civic Center project was awarded to a local business • That Civic Center will draw more visitors to Old Town which would in turn, be an excellent example of New Opportunities mixing with Old Traditions The below-mentioned speakers spoke in opposition to the proposed Old Town Civic Center project: • Mr. James Stewart, Temecula • Mr. Doc Lain, Temecula • Mr. Albert Abbott, Temecula The above-mentioned speakers spoke in opposition to the proposed Old Town Civic Center project for the following reasons: ' The need fora 94,000 square City Hall • Exemption from MSHCP fees, requesting documents confirming exemption fees • Transparency of funding for Civic Center would be desirous Director of Public Works Hughes clarified that currently there is no written confirmation from the Riverside Conservation Authority (RCA) confirmation that the City will not be required to pay MSHCP fees; that the City self determines whether or not the City would be exempt from MSHCP fees; that according to the rules and regulations provided by MSHCP, staff has determined and has made the findings of exemption; and that RCA will at a later time either concur with or deny the findings. With respect to the concerns expressed by speakers regarding the Civic Center, City Manager Nelson advised of the following: • That the City has approximately 200 employees • That an extensive analysis was performed in every department to determine the needs through build-out of the City • That the proposed project will not only be a City Hall but rather a Civic Center; it will offer a community room for civic functions and a town square for community events and cultural activities • That the Civic Center will be able to accommodate the future annexation of the French Valley area • That the Civic Center will create the heart of the community that will transform Old Town ' to a "Downtown" • That with respect to maintenance and operation of the Civic Center, the land around the town square will be continually owned by the Redevelopment Agency, therefore along- R:\Minutes\090908 time land lease with the developer of the site; that the land lease will generate revenue which will assist in offsetting operation and maintenance costs; and that at the end of the ' term of the lease, the improvements made will revert to the residents of Temecula • That the numbers referenced by Mr. Abbott were generated by the Press Enterprise in June 2006, not by the City of Temecula • That for accurate numbers with respect to the cost of the Civic Center, the April 10, 2007 staff report was referenced ($44 million) which was prepared by the City of Temecula • That the City is financing the proposed project with cash and Certificates of Participation Bonds, paying off this debt within 10 years and leaving the City debt free Council Member Roberts relayed the importance of building astate-of-the-art civic center that will stand the test of time. Commenting on the City's past ability to provide its citizens with state-of-the-art facilities, Council Member Comerchero stated the positive affects that will result from the new civic center and advised of his full support of the proposed project. Echoing comments made by City Manager Nelson, Mayor Pro Tem Edwards also provided information as to how the proposed project will be financed. Mayor Naggar referenced a staff report written by, then Director of Community Services Nelson, dated July 11, 1995, noting that the current City Hall was envisioned as an interim City Hall. Mayor Naggar also referenced a report drafted by Keyser Marston & Associates, dated 1998, with respect to the City considering a future civic center in the Old Town area, development of office uses, and expansion of arts and cultural uses, and creating a downtown environment. ' Council Member Comerchero commended staff for its efforts in implementing the proposed project. MOTION: Council Member Washington moved to extend the meeting to 10:30 p.m. Mayor Pro Tem Edwards seconded the motion and voice vote reflected unanimous aaaroval. At 10:00 p.m., the City Council took a 5-minute break and reconvened at 10:05 p.m. MOTION: Council Member Washington moved to approve staff recommendation. Council Member Comerchero seconded the motion and electronic vote reflected unanimous aaaroval. CITY COUNCIL BUSINESS 18 ~r_eement for Funding Acquisition of Ooen Saace Prooertv between Western Riverside 18.1 Adopt a resolution entitled: R:\Minutes\090908 RESOLUTION 08-86 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT FOR FUNDING THE ACQUISITION OF OPEN SPACE PROPERTY BETWEEN WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AND CITY OF TEMECULA" By way of a PowerPoint Presentation, Director of Planning Ubnoske provided a brief staff report (of record). Thanking Assistant City Manager Johnson for his efforts in moving this project forward, Ms. Vicki Long, Temecula, relayed her approval of staffs recommendation. MOTION: Council Member Comerchero moved to approve staff recommendation. Council Member Roberts seconded the motion and electronic vote reflected unanimous aaaroval. 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. ' ADJOURNMENT At 10:11p.m. the City Council meeting was formally adjourned to Tuesday, September 23, 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. ATTEST: ~_ ~`W-.o - Susa J nes, MMC -City C k [SEAL] R:\Minutes\090908 Mic ael S. N gg r, Mayor