HomeMy WebLinkAbout102808 CC Minutes
MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
' OCTOBER 28, 2008
There being no Closed Session, the City Council convened its regular meeting at 7:00 p.m. on
Tuesday, October 28, 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 Candace Saunders and Brianna Thomas from the Musicians
Workshop.
INVOCATION
The invocation was provided by Pastor John Wells from Mountain View Community Church of
Temecula.
PLEDGE OF ALLEGIANCE
' The pledge of allegiance was presented by Council Member Comerchero.
PRESENTATIONS/PROCLAMATIONS
Senior Citizens' Day Proclamation
With appreciation, Ms. Linda Cole, representative for the Chateau at Harveston Holiday
Properties, accepted the proclamation.
Certificate of Achievement presented to Brandon Olsen for attaining the rank of Eagle Scout
Briefly explaining his Eagle Scout project, Brandon Olsen was presented by Mayor Pro Tern
Edwards with a Certificate of Achievement and the City's Eagle Scout pin.
PUBLIC COMMENT
Due to technical difficulties, the following speakers spoke, as noted below, although the
minutes will not reflect his/her individual public comments:
Jerol Riley, Temecula
Doc Laine, Temecula
Albra Miller
Lisa Musick, Temecula
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At this time, the audio tape was audible and the minutes will reflect the public comments
from the following individuals:
' With regard to the County project Europa Vineyard Estates, Ms. Adrian McGregor, Temecula,
noted that the City with previous County projects requested the County to impose certain
conditions/requirements in light of potential City impacts. She questioned why the developer of
this County project was not required to provide improvements prior to 80% completion of this
project, noting that different conditions and/or requirements were imposed on the Roripaugh
Ranch developer.
Mr. Walt Allen, Temecula, expressed his support of the reelection of Mayor Naggar and Council
Member Washington.
Commenting on the efforts undertaken by the City to sue the County because of traffic impacts
of County projects, Mr. Stephen Eldred, Temecula, questioned by similar concern/requirements
were not requested by the City with regard to the Europa Vineyard Estates project, noting that
this developer was not required to provide certain improvements until 80% of project
completion.
In response to Mr. Eldred's concern, Mayor Naggar suggested that he contact City Manager
Nelson.
Ms. Kathleen Hamilton, Temecula, commended the City Council on a splendid job.
Commending City Attorney Thorson on his integrity, Mr. Gary Thornhill, Temecula, as well
commented on our country's challenging times and, therefore, emphasized the need for strong
' leadership and spoke in support of the reelection Mayor Naggar and Council Member
Washington.
Pleased with the operations of the City, Mr. Bill Gould noted his support of the reelection of
Mayor Naggar and Council Member Washington.
Ms. Tracy Ream, CEO of Neighborhood Healthcare, apprised the Council and the public that
Neighborhood Healthcare has two clinic sites in the City; provided material with regard to the
operations of Neighborhood Healthcare; advised that the organization would be desirous of
expanding within the City in an effort to provide dental care; and commented on the increased
need for such services in light of the country's economic difficulties.
In light of the formation of the Medical Task Force Committee, Council Member Washington
suggested that Ms. Ream be included in future discussions/meetings.
On behalf of the Old Town Business Association, Mr. Wyatt Earp (Chris Baily), Temecula,
thanked the City Council for its assistance in making Old Town the attraction it is.
By way of overheads, Mr. All Rattan, Temecula, discussed Council Member Comerchero's
Schedule A of Form 700 (Fair Political Practices Commission Form), addressing Mr.
Comerchero's reported income from the Rancon Group; referenced City Attorney Thorson's
letter of January 30, 2008 to the FPPC, stating that the Rancon Group is not a legal entity; and
closed his comments by stating that, in his opinion, Council Member Comerchero has
' committed perjury.
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' In light the current challenging economic times, Mr. Fred Bartz, Temecula, commented on the
need for proven leadership and, therefore, relayed his support of the reelection of Mayor Naggar
and Council Member Washington to ensure the continued success of this City, noting that a lack
of knowledge or experience would be a risk to the City during these times. Mr. Bartz briefly
questioned why one of the candidates has chosen to not sign the City's Code of Fair Campaign
practices and why the recent negative comments about the Council Members are being made at
this point in time and not earlier.
CITY COUNCIL REPORTS
With Election Day quickly approaching, Council Member Washington encouraged the public to
vote, noting that if he were reelected to the City Council, he would continue the work he has
been enjoying and expressed his honor and privilege to represent the City of Temecula and
thanked the citizens for the opportunity.
Referencing the recent tragic Metrolink accident in Chatsworth, California, on September 12,
2008, Council Member Roberts, as Chairman of the Board of Metrolink, advised that on
September 23, 2008 he had testified before the U.S. Senate Committee on Commerce, Science
and Transportation, emphasizing the need for rail safety and the support of SB 3494 and HR
2095, noting that the President has signed H.R. 2095 - the Federal Railroad Safety
Improvement Act. On October 14, 2008, Mr. Roberts advised that he had traveled to South
Korea to meet with Hyundai-Rotem officials to further explore this company's new commuter rail
cars with crash energy management features.
' Council Member Comerchero commended Council Member Roberts on his efforts associated
with rail safety and advised that the City has been informed that City Attorney Thorson has been
appointed to the Legal Advocacy Committee of the League representing Riverside County
League of California Cities.
For the high school government students in attendance, Mayor Pro Tern Edwards reviewed the
City Council agenda process.
Commenting on Huell Howser's California Gold series, Mayor Naggar advised that Mr. Howser
recently spent two day in Old Town and dedicated an entire episode of California's Communities
to Old Town, noting that the series will be linked to the City's website.
As Mayor of the City, Mr. Naggar noted that his goal was to focus on City business. He
extended appreciation to the community for his nine years of service and in closing, encouraged
the public to vote.
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 September 23, 2008.
(Council Member Roberts abstained.)
3 List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 08-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
4 Amendment to Agreement with Old Town Tire and Service
RECOMMENDATION:
4.1 Approve the First Amendment to the Agreement between the City of Temecula and
Old Town Tire and Service, LLC., for vehicle maintenance services in the amount of
$30,000 for a total contract amount of $60,000.
5 Authorize Temporary Street Closure of Main Street between Old Town Front Street and the
easterly end of the Main Street Bridqe for the "Winter Wonderland" event scheduled for
December 12. 2008, and delegate authority to Issue a Special Events/Street Closures
Permit to the Director of Public Works
RECOMMENDATION:
5.1 Adopt a resolution entitled:
RESOLUTION NO. 08-93
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 EASTERLY END OF THE MAIN STREET
BRIDGE FOR THE "WINTER WONDERLAND" EVENT SCHEDULED FOR
DECEMBER 12, 2008, AND AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET
CLOSURES
(Council Member Comerchero abstained.)
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6 Purchase of City Vehicle
' RECOMMENDATION:
6.1 Approve the purchase of a RMV Hot Patcher 6-Ton Diesel Fired Dump Style Truck
from Municipal Maintenance Equipment in the amount of $144,234.15 for use by the
Public Works Department;
6.2 Approve an additional capital asset allocation in the vehicle internal service fund for
$13,734.15 to complete the purchase of this vehicle.
7 First Amendment to Fiscal Year 2008-2009 Citywide Maintenance Contract
RECOMMENDATION:
7.1 Approve the First Amendment to the Fiscal Year 2008-2009 Annual Contract with
Imperial Paving Company in the amount of $200,000 and authorize the Mayor to
execute the Agreement.
8 Acceptance of Improvements and Notice of Completion for the Citywide Slurry Seal Proiect
FY 2007-2008. Project No. PW08-02
RECOMMENDATION:
8.1 Accept the construction of the Citywide Slurry Seal Project FY 2007-2008, Project
No. PW08-02, as complete;
' 8.2 Direct the City Clerk to file and record the Notice of Completion, release the
Performance Bond, and accept a four (4) year Maintenance Bond in the amount of
$429,556.60;
8.3 Release the Materials and Labor Bond seven months after filing of the Notice of
Completion if no liens have been filed.
9 Fourth Amendment to a Professional Services Agreement - Main Street Bridge Over Murrieta
Creek (Replacement) - Project No. PW03-05
RECOMMENDATION:
9.1 Approve the Fourth Amendment to the Agreement with Simon Wong Engineering in
an amount not to exceed $24,063 for additional services to modify the design of the
Main Street Bridge Over Murrieta Creek (Replacement) - Project No. PW03-05 - to
accommodate an 8" Rancho California Water District (RCWD) waterline.
10 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for
the De Portola Road Pavement Rehabilitation. Project No. PW06-10
RECOMMENDATION:
10.1 Approve the Plans and Specifications for the Project;
10.2 Authorize the Department of Public Works to solicit construction bids for the De
Portola Road Pavement Rehabilitation, Project No. PW06-10.
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11 Approval of a Professional Service Agreement for the Design of Street Improvements for the
1 Nicolas Valley Community Facilities District/Assessment District (Liefer Road) - Project No.
PW08-06
RECOMMENDATION:
11.1 Approve an Agreement with David Evans and Associates (DEA) to provide
professional design engineering services for the Nicolas Valley Community Facilities
District/Assessment District (Liefer Road) Project No. PW08-06, in the amount of
$120,900;
11.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the
contingency amount of $12,090, which is equal to 10% of the Agreement.
(Item No. 11 was pulled for separate discussion; see below.)
MOTION: Mayor Pro Tern Edwards moved to approve the Consent Calendar with the exception
of Item No. 11 which was pulled for separate discussion. Council Member Roberts seconded
the motion and electronic vote reflected approval with the exception of Council Member
Roberts who abstained on Item No. 2 and Council Member Comerchero who abstained on
Item no. 5.
Item No 11. considered under separate discussion
12 Approval of a Professional Service Agreement for the Design of Street Improvements for the
' Nicolas Valley Community Facilities District/Assessment District (Liefer Road) - Project No.
PW08-06
RECOMMENDATION:
11.1 Approve an Agreement with David Evans and Associations (DEA) to provide p
Professional design engineering services for the Nicolas Valley Community Facilities
District/Assessment District (Liefer Road) Project No. PW08-06, in the amount of
$120,900;
11.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the
Contingency amount of $12,090, which is equal to 10% of the Agreement.
Public Works Director Hughes provided the staff report (as per agenda material), noting that the
proposed improvements will be to the benefit of the residents in the area (approximately 50
lots), not the residents at large, and, therefore, the property owners benefiting from these
improvements will be paying for them. Mr. Hughes reiterated that the proposed
recommendation is for the approval of an agreement not the formation of the District. If the
District were not formed, Mr. Hughes advised that the properties will develop at which time the
funds for the street improvements would be reimbursed to the City. In response to Council
Member Washington, Mr. Hughes noted that the proposed figures in the staff report are
relatively high.
' Public Works Director Hughes advised that the residents are desirous of more rural
roads, no street lights, and no sidewalks; noted that the proposed improvements would be
viewed as minimum improvements; and stated that the Planning Department will be presenting
a General Plan Amendment, allowing property owners to subdivide; that the annual cost of the
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improvements to the property owners will be uniformly formulated; and that these costs may be
deferred for those property owners unable to afford them.
' Mr. Kenneth Ray, Temecula, relayed his support of the improvements. With regard to future lot
sizes, Mr. Ray advised that the general consensus would be to retain a rural equestrian area
(minimum lot size of acre) and to maintain septic systems and that property assessments
should be based on the final lot split as dictated by the topography of each lot.
Ms. Adrian McGregor, Temecula, suggested that the City explore the use of County services
for the design engineering services and relayed her opposition to Y2 acre lots.
In response to Ms. McGregor's opposition to Y2 acre lots, Council Member Washington advised
that the residents of the area requested that lot size. Mr. Washington noted that the process will
continue in order to determine restrictions and that efforts will be undertaken to preserve a great
community and its rural nature.
Mayor Pro Tern Edwards further clarified that the recommended Council action would be to hire
a firm for the design and that the residents will be given an opportunity to provide additional
input.
Deputy City Manager Johnson reiterated that the proposed action would be the early stages of
this process and noted that the suggested lot size of'/ acre was a requested option by property
owners.
MOTION: Council Member Roberts moved to approve Consent Calendar Item No. 11 as per
staff recommendation. The motion was seconded by Council Member Washington and the
' electronic vote reflected unanimous approval.
PUBLIC HEARING
17 Amendment to the 2007 California Building Code
17.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 08-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING SECTION 15.04.030 OF THE TEMECULA MUNICIPAL CODE
RELATING TO THE CALIFORNIA ELECTRICAL CODE
By way of written material, Building and Safety Director Harold provided a brief overview of the
recommendation.
The public hearing was opened; there being no public input, Mayor Naggar closed the public
hearing.
Introducing the Ordinance, City Attorney Thorson read the ordinance by title only.
MOTION: Council Member Roberts moved to approve staff recommendation, including the
introduction of Ordinance No. 08-10. The motion was seconded by Council Member
' Comerchero and the electronic vote reflected unanimous approval.
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' CITY MANAGER REPORT
No report at this time.
CITY ATTORNEY REPORT
City Attorney Thorson thanked the City Council for its kind words of recognition and advised that
there was no formal action to report.
ADJOURNMENT
At 8:37 p.m. the City Council meeting was formally adjourned to Tuesday, November 18, 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.
ryv I r y~
Michael S. Naggar, Mayor
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