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HomeMy WebLinkAbout071304 CC Minutes I I I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JULY 13, 2004 The City Council convened in Closed Session at 6:15 P.M. and in Open Session at 7:00 P.M., on Tuesday, July 13, 2004, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: 4 Councilmembers: Comerchero, Roberts, Stone, and Washington Absent: Councilmember: Naggar PRELUDE MUSIC The prelude music was provided by Mario Cuaresma. INVOCATION The invocation was given by Rabbi Hurwitz of Chabad of Temecula Valley PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Councilman Washington. PRESENT A TION/PROCLAMA TIONS None PUBLIC COMMENTS Jon Laskin, representing the Temecula Valley Cultural Arts/Music Education Center, thanked the City Council for their support, and invited the Council and the public to attend the first Temecula Valley International Jazz Festival, scheduled for July 17th and 18th. Meredith Bryant of Temecula requested the City address the problem of illegal fireworks within the community. On behalf of the Arts Council of Temecula Valley, Charles Araujo presented the City Council with a beautifully framed, Arts in the Country Festival Poster. He further thanked the City for their continued supports of Arts in the community. CITY COUNCIL REPORTS A. With the recent celebration of the Fourth of July, Councilman Roberts thanked Community Services Director Herman Parker for the spectacular fireworks display and the related community events. B. Councilman Washington, expressing his happiness to be back in Temecula, explaining his absence for the past two City Council Meetings, because of his Delta Airline training in R:IMinutesIO71304 I I I Atlanta for the past five weeks. He thanked all those involved in the Grand Opening of the Children's Museum, and also the Mayor's Ball, both of which he was able to attend on weekends during this period. C. Councilman Stone reported that the Library Sub-committee met and he is happy to report that the plans of the library are in the final stages with the State of California, after which the City will be able to go out to bid on the greatly anticipated new Temecula Library. Discussing his recent election to the Riverside County Board of Supervisors, Councilman Stone reported he plans to formally resign from the Temecula City Council on January 1, 2005, and requested the City Attorney bring forward a staff report listing alternatives for the City Council in filling this position, so that all options may be explored. CONSENT CALENDAR 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 May 20,2004 (Budget Workshop) - continued from the meeting of June 22, 2004; (Councilman Roberts abstained) 2.2 Approve the minutes of June 8, 2004; (Councilman Washington abstained) 2.3 Approve the minutes of June 22, 2004. (Councilman Washington abstained) 3 Resolution approvinq List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 04.79 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 Mav 28. 2004 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of May 28, 2004. R:IMinutesIO71304 2 I I I 5 Approval of the Plans and Specifications for the Roripauqh Ranch Fire Station, Proiect No. PW03-01. and Authorization to Solicit Construction Bids RECOMMENDATION: 5.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for the Roripaugh Ranch Fire Station, Project No. PW03-01. 6 Second Amendment - Professional Services Aqreement for Desiqn Services - Fire Station Wolf Creek Site. Project No. PW01-11 RECOMMENDATION: 6.1 Approve the Second Amendment to the Professional Services Agreement with STK Architecture, Inc. in an amount not to exceed $102,088.00 to provide re-design services for the Fire Station Wolf Creek Site, Project No. PW01-11, within the planned Wolf Creek Development and authorize the Mayor to execute the amendment. Standard Pacific will fund the cost of the re-design and any increase to construction costs attributable to the new design. This item was continued off calendar. 7 Approve Sponsorship Request for the 2004 Temecula Valley International Jazz Festival RECOMMENDATION: 7.1 Approve the funding request in the amount of $10,000 cash, city-support costs in the amount up to $2,000, and no charge for the use of the Community Recreation Center Amphitheater for the Temecula Valley International Jazz Festival; 7.2 Approve the sponsorship agreement with the Temecula Valley International Jazz Festival and authorize the Mayor to execute the agreement. 8 Authorization of Special Tax Lew in Community Facilities District No. 88-12 IYnez Corridor) RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO 04.80 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) R:\MinutesIO71304 I I I 9 Professional Services Aqreement for Annual Administration of CFDs/AD RECOMMENDATION: 9.1 Approve a one-year professional services agreement for debt service administration for Fiscal Year 2004-2005 for the City's Community Facilities Districts and Assessment District in the amount of $48,000.00. 10 First Amendment Professional Services Aqreement for Desiqn Services Facility Expansion (Field Operations Center), Proiect No. PW03-06 Maintenance RECOMMENDATION: 10.1 Approve the Facilities Plan for the City's future Maintenance Facility Expansion (Field Operations Center); 10.2 Approve the First Amendment to the Professional Services Agreement with Richard Brady & Associates, Inc. for an amount not to exceed $541,164.00 to provide design services (schematic design, design development and construction drawings) for the Field Operations Center (Maintenance Facility Expansion), Project No. PW03-06 and authorize the Mayor to execute the amendment; 10.3 Authorize the City Manager to approve Amendments not to exceed the contingency amount of $54,116.40 which is equal to 10% of the amendment amount. 11 Assessment District 03-04 (John Warner Road) Street and Storm Drain Improvement Proiect - Proiect No. PW02-07 - Contract Chanqe Order - Compensation for Delays RECOMMENDATION: 11.1 Appropriate $135,000 in General Fund Reserves to fund a contract change order (CCO) compensating McLaughlin Engineering and Mining, Inc. for a negotiated settlement to excessive delays to the contract; 11.2 Authorize the City Manager to approve the contract change order with McLaughlin Engineering and Mining, Inc., as compensation for delays experienced during the course of the John Warner Road project. 12 Enqineerinq Plan Check. Map and Leqal Description Review, Fiscal Year 2004-2005 - KRW & Associates RECOMMENDATION: 12.1 Approve the agreement for Engineering Plan Check, Map and Legal Description Review for Fiscal Year 2004-2005 with KRW & Associates for an amount not to exceed $50,000.00, and authorize the Mayor to execute the agreement. R:\Minutes\O71304 4 I I I 13 Winchester Road Wideninq at Jefferson Intersection. Proiect No. PWOO-27 Acquisition Aqreement. APN 909-271-043 RECOMMENDATION: 13.1 Approve and authorize the Mayor to execute in substantially the form attached hereto, the Agreement of Purchase and Sale between the City of Temecula and Mike and Lora Elese Bouris, trustees, 70% interest, Gwen N. Bouris, 20% interest and Scott C. and Lynette L. Montgomery, 10% interest, for the acquisition of certain real property in the amount of $81,128.00 plus the associated escrow fees; 13.2 Adopt a resolution entitled: RESOLUTION NO. 04.81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 27281 13.3 Direct the City Clerk to record the document. 14 Substitute Aqreements and Bonds for Public Improvements in Tract No. 29133 (Located East of Ynez Road and North of Santiaqo Road) RECOMMENDATION: 14.1 Accept substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor & Materials Bonds as security for improvements and labor and materials for Tract Map 29133; 14.2 Authorize the release of the existing Faithful Performance and Labor & Materials Bonds for Tract Map 29133; 14.3 Direct the City Clerk to so advise the developer and surety. 15 Tract Map No. 29798-9. -10 & F. located South of Loma Linda Road. East of Pechanqa Parkway. North of Wolf Valley Road, in the Wolf Creek Specific Plan No. 12 EIR RECOMMENDATION: 15.1 Approve Tract Map No. 29798-9, -10& F in conformance with the Conditions of Approval; 15.2 Approve Subdivision Improvement Agreement; 15.3 Approve Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. R:IMinutesIO71304 I I I 16 Parcel Map No. 30797. Located North of Hiqhwav 79 South. East of Avenida De Missiones, and the future Rancho Pueblo Road. known as Rancho Community Church RECOMMENDATION: 16.1 Approve Parcel Map No. 30797 in conformance with the Conditions of Approval; 16.2 Approve Subdivision Improvement Agreement; 16.3 Approve Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. 17 Resolution of Support for Proposition 40 - Clean Water. Clean Air, Safe Neiqhborhood Parks. and Coastal Protection Bond Act of 2002 RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 04.82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS AND COASTAL PROTECTION BOND ACT OF 2002 18 Fire/EMS Protection Aqreement for Fiscal Year 2004-05 RECOMMENDATION: 18.1 Approve the amended Exhibit "A" to the Fire Protection Agreement for Fiscal Year 2004-05. 19 Fiscal Year 2004-05 Economic Development Operatinq/Marketinq Aqreements RECOMMENDATION: 19.1 Approve the operating/marketing agreements and authorize the Mayor to execute the agreements with the following organizations: . The Temecula Valley Chamber of Commerce in the amount of $148,000. . The Economic Development Corporation of Southwest Riverside County in the amount of $22,500. R:\Minutes\O71304 6 I I I . The Southwest California Economic Alliance two-year contract in the amount of $150,000 allocating $75,000 for FY2004-05 and $75,000 for FY2005-06 (subject to Cities' and County satisfaction). Item No. 19 was removed from the Consent Calendar for separate action. 20 Support of Assemblv Bill 2430 (Wiqqins) - Commercial Air Carriers RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. 04-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING ASSEMBLY BILL 2430 (WIGGINS) WHICH WOULD EXCLUDE TRANSPORTATION BY HOT AIR BALLOON FOR ENTERTAINMENT OR RECREATIONAL PURPOSES FROM THE DEFINITIONS OF "COMMERCIAL AIR OPERATOR," AND "AIRCRAFT" UNDER PUC CODE SECTIONS 5500.5512 21 Prescribed Burninq Proiect Aqreement RECOMMENDATION: 21.1 Approve and direct the City Manager to sign the agreement. 22 Aqreement for Consultinq Services Between the City of Temecula and PELA RECOMMENDATION: 22.1 Approve a contract with PELA for landscape plan check and inspection consulting services in the amount of $100,000.00. 23 First Amendment to Aqreement between the City of Temecula and RRM Desiqn Group for Preparation of Desiqn Guidelines RECOMMENDATION: 23.1 Approve a contract amendment with RRM for a one-year extension to June 30, 2005. MOTION: Councilman Stone moved to approve Consent Calendar Item Nos. 1-18 (continuing Item No.6 off calendar) and Item Nos. 20-23. Councilman Roberts seconded the motion and electronic vote reflected approval with the exception of Mayor Naggar who was absent; Councilman Roberts who abstained with regard to Item No. 2.1 (Minutes of May 20, 2004); and Councilman Washington who abstained with regard to Item No. 2.2 and 2.3 (Minutes of June 8, and June 22,2004). R:\Minutes\071 304 I I I Councilman Roberts expressed his concern that parody should exist between the City of Temecula and the City of Murrieta with respect to the level of funding provided. He noted that Temecula is contributing in the amount of $150,000, while the City of Temecula is only participating at the $75,000 level, and the City of Lake Elsinore at even a lower funding. He suggested that after this two-year commitment, the two cities should participate at an equal funding level. Councilman Washington agreed, stating that especially in view of the improved economic state of the City of Murrieta, and a greater population than the City of Temecula, each City should take an active and fair-share role in the economic development of this region. MOTION: Councilman Washington moved to approve staff recommendation, with the stipulation that future consideration of funding of Economic Development be based on a "fair-share" basis. Councilman Stone seconded the motion and electronic vote reflected approval with the exception of Mayor Naggar who was absent. At 7:26 P.M., the City Council convened as the Temecula Community Services District, the Temecula Redevelopment Agency, and the Temecula Public Financing Authority. At 7:30 P.M., the City Council resumed with regular business. PUBLIC HEARINGS 24 Amendment to the TMC Chapter 15 (Fire Sprinkler Exemption) RECOMMENDATION: 24.1 Continue the public hearing to the meeting of July 27, 2004. MOTION: Councilman Stone moved to open the public hearing and continue it to the meeting of July 27, 2004. The motion was seconded by Councilman Roberts and electronic vote reflected approval with the exception of Mayor Naggar who was absent. CITY MANAGER'S REPORT No comments. CITY ATTORNEY'S REPORT With regard to Closed Session, City Attorney Thorson advised that there were no actions to report from Closed Session. R:IMinutesI071304 8 ADJOURNMENT I At 7:31 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday, July 27, 2004, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: I I R:\Minutes\071304