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Home My WebLink About050807 CC Minutes I I I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MAY 8,2007 The City Council convened in Closed Session at 6:00 p.m. and its regular meeting commenced at 7:00 p.m., on Tuesday, May 8, 2007, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: 5 Council Members: Comerchero, Edwards, Naggar, Roberts and Mayor Washington. Absent: o Council Members: None. PRELUDE MUSIC The Prelude Music was provided by Sienna Naggar. INVOCATION The invocation was given by Associate Pastor Jay Cartwright of True Vine Pentecostal Church. PLEDGE OF ALLEGIANCE AND FLAG CEREMONY The pledge of allegiance was presented by Boy Scout Troop No. 148. PRESENT ATIONSIPROCLAMATIONS Certificate of Achievement oresented to Soencer Lee for attaininD the rank of EaDie Scout Presenting a Certificate of Achievement, Mayor Washington commended Spencer Lee for attaining the rank of Eagle Scout. Spencer Lee thanked the City Council for its recognition. Mental Health Month Proclamation Advising that the Riverside County Board of Supervisors has made a commitment to community- based mental health care for all residents, Mayor Washington proclaimed the month of May, 2007, to be Mental Health Month in Riverside County. Accepting on behalf of the County of Mental Health, Board Member Milliken thanked the City Council for its recognition. National Public Works Week Proclamation Recognizing the contributions which public works officials make every day to our health, safety, comfort, and quality of life, Mayor Washington proclaimed May 20 through May 26, 2007, National Public Works Week. R:IMinutesl050807 I I I Director of Public Works Hughes accepted the proclamation on behalf of the Public Works Department and thanked the City Council for its recognition. PUBLIC COMMENTS A. Representing Rancho California Water District, Metropolitan Water District, and Eastern Municipal Water District, Ms. Liselle DeGrave invited the City Council to attend its Metropolitan Solar Cup Event to be held May 18 and 19,2007, at Lake Skinner from 9:00 a.m. 5:00 p.m. B. Participants of the Chaparral High School Solar Cup Challenge Team thanked the City Council, Rancho California Water District, Metropolitan Water District, and Eastern Municipal Water District for its ongoing support of the program. AT THIS TIME, CONSENT CALENDAR ITEM NOS. 12 AND 13 WERE CONSIDERED OUT OF ORDER 12 Second Readinq of Ordinance No. 07-04 RECOMMENDATION: 12.1 Adopt an Ordinance entitled: ORDINANCE NO. 07-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROHIBITING SMOKING IN AND AROUND MUL TI.UNIT RESIDENCES AND ADDING CHAPTER 30 TO TITLE 17 OF THE TEMECULA MUNICIPAL CODE REGULATING SMOKING IN MULTI-UNIT RESIDENCES 13 Second Readinq of Ordinance No. 07-05 RECOMMENDATION: 13.1 Adopt an Ordinance entitled: ORDINANCE NO. 07-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROHIBITING SMOKING IN PUBLIC PLACES, PLACES OF EMPLOYMENT, AND CERTAIN OTHER LOCATIONS AND ADDING CHAPTER 36 TO TITLE 8 OF THE TEMECULA MUNICIPAL CODE REGULATING SMOKING Referencing Ordinance No. 07-04 and 07-05, Mr. Jacob Miller spoke in opposition and stated that the facts presented at a previous City Council meeting would be a fabrication by the manipulation of the data. Mr. Miller, Temecula, expressed his opposition to Consent Calendar Item Nos. 12 and 13. R:IMinulesl050807 2 I I I Ms. Susan York, representing the Apartment Association of Greater Inland Empire, respectfully requested that the multi-family smoking ordinance be continued, noting that the association would request an opportunity to discuss successful programs that have been instituted with non- smoking coalitions. Representing the Apartment Association of Greater Inland Empire, Ms. Karen Kricke, also requested that the smoking ordinance regarding multi-families be continued, advising that the mandate to set aside 25% of rental units for non-smokers would be unreasonable and would be impossible to enforce. COUNCIL DISCUSSION In response to the comments made with regard to Item Nos. 12 and 13, Council Member Roberts stated that the item had been previously discussed by the City Council and that he would not be supportive at this time to reopen the matter for discussion. Echoing Council Member Roberts' comment, Council Member Comerchero thanked the speakers for their comments and welcomed any ideas on how to help enforce the ordinances. Advising that the City would not be eliminating the right to smoke, but rather would be segregating the non-smokers from second-hand smoke, Mayor Pro Tem Naggar noted that it would be his opinion that the ordinance would police itself; and relayed that this matter has been in discussion by the Planning Commission and City Council for the past few months. Council Member Edwards advised that the intent of these ordinances would be to provide safety for those who not desirous of being exposed to second-hand smoke. For Ms. Fricke, Mayor Washington stated that the Council would be more than amenable to listen to her thoughts and ideas regarding this issue. MOTION: Council Member Comerchero moved to approve Item No. 12 and 13. Council Member Roberts seconded the motion and electronic vote reflected unanimous approval. CITY COUNCIL REPORTS A. Mayor Pro Tem Naggar advised that he, along with Mayor Washington and the Steering Committee, conducted a joint meeting regarding the Youth Master Plan; relayed that the Committee spent over two hours with 30 to 35 people in attendance scoping the process for the Youth Master Plan; and advised that the next meeting will be at Margarita Middle School and invited the residents to participate. Mayor Pro Tem Naggar also informed that the Community Action Patrol (CAP) would be recruiting new volunteers to jOin the team. B. Council Member Roberts stated that he had an opportunity to attend a Riverside County Transportation Committee Commission meeting; advised that a Bill was passed that would help with the new Perris Valley Branch line (Metro Link line); noted that the Federal Transportation Committee would be interested in trying a new concept to design and build the Metro Link but noted that more information with regard to the new concept will be determined in the following year. R:IMinulesl050807 3 I I I Council Member Roberts also noted that he will be attending the National League of Cites Transportation Steering Committee in Bloomington, Minnesota, and advised that this committee will be creating policies for all cities in the United States. C. Referencing Economic Development, Mayor Washington requested that City Manager Nelson direct staff to draft a report formulating a framework that would allow staff an opportunity to review both business retention and business attraction efforts. 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 April 10, 2007. 3 Resolution approvinq List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 07-35 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 March 31. 2007 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of March 31, 2007 5 Appointment to the San Dieqo State University Visitor's Center Ad Hoc Sub-Committee - at the request of Council Member Roberts RECOMMENDATION: 5.1 Appoint City Council Member Roberts to the San Diego State University (SDSU) Visitor's Center Ad Hoc Subcommittee as well as the appointment of Mayor Pro Tem Naggar to the SDSU Visitor's Center Ad Hoc Subcommittee. R:\Minutes1050807 4 I I I 6 Transoortation Uniform Mitiqation Fee ITUMFl Reimbursement Aqreement RECOMMENDATION: 6.1 Approve the Agreement in the amount $4,078,000 for the Funding of TUMF Zone Arterial Network Improvements between the Western Riverside Council of Governments (WRCOG) and the City of Temecula for the Winchester Roadll-15 Interchange Improvement Project; 6.2 Authorize the City Manager to execute the agreement. 7 Contract for Bridqe Fencinq Architectural Enhancements on the Southerly Side of the Overland Bridqe over Interstate 15 - Proiect No. PW05-09 RECOMMENDATION: 7.1 Award a contract to Howe Welding & Fabrication to furnish & install architectural enhancements on the bridge fence on the southerly side of the Overland Drive Overcrossing, Project No. PW05- 09, in the amount of $168,281.80; 7.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $16,828.18, which is equal to 10% of the contract amount; 7.3 Approve an appropriation of Development Impact Fees - Public Art in the amount of $155,500 to cover the administrative and furnish & installation costs for this project. 8 Award the Construction Contract for the Slurry Seal Project FY2006-20070 Meadowview area - Proiect No. PW07-03 RECOMMENDATION: 8.1 Award a construction contract for the Slurry Seal Project FY 2006-2007, Meadowview Area, Project No. PW07-03, to American Asphalt South, Inc. for the base bid amount of $842,570.00 plus the additive bid amount of $88,400.00 for a total contract amount of $930,970.00 and authorize the Mayor to execute the contract; 8.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $93,097.00, which is equal to 10% of the contract amount. (Mayor Washington and Council Member Roberts abstained for this item.) 9 Aooroval of the Plans and Soecifications and Authorization to Solicit Construction Bids for the Citywide Concrete Reoairs Phase II - FY2006-07 - Proiect No. PW07-06 RECOMMENDATION: 9.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Concrete Repairs Phase II - FY 2006-07 - Project No. PW07-06. R:IMinutes1050807 5 I I I 10 Temecula Public Librarv Technoloqv Maintenance Aqreement RECOMMENDATION: 10.1 Authorize the purchase of a four year maintenance support agreement for the Vernon Library Systems book return sorter, security gates, self check stations, staff stations, and inventory wand for an annual amount of $18,384 and a four year total amount of $73,536. 11 Second Readinq of Ordinance No. 07-03 RECOMMENDATION: 11.1 Adopt an Ordinance entitled: ORDINANCE NO. 07-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA FROM MEDIUM DENSITY RESIDENTIAL (M) TO PLANNED DEVELOPMENT OVERLAY (PDO- 11) AND ADOPTING SECTIONS 17.22.220 THROUGH 17.22.228 INCLUDING THE PDO-11 TEXT AND DEVELOPMENT STANDARDS FOR THE DEVELOPMENT OF 62 SINGLE-FAMILY DETACHED HOMES ON CONDOMINIUM LOTS ON PROPERTY LOCATED AT 29601 MIRA LOMA ROAD, GENERALLY LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA DRIVE (APN 944-060-006) CONSENT CALENDAR ITEM NOS. 12 AND 13 WERE PREVIOUSLY ADDRESSED ON PAGES 2 AND 3. 12 Second Readinq of Ordinance No. 07-04 RECOMMENDATION: 12.2 Adopt an Ordinance entitled: ORDINANCE NO. 07-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROHIBITING SMOKING IN AND AROUND MULTI-UNIT RESIDENCES AND ADDING CHAPTER 30 TO TITLE 17 OF THE TEMECULA MUNICIPAL CODE REGULATING SMOKING IN MULTI-UNIT RESIDENCES R:IMinulesI050807 6 I I I 13 Second Readinq of Ordinance No. 07-05 RECOMMENDATION: 13.2 Adopt an Ordinance entitled: ORDINANCE NO. 07-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROHIBITING SMOKING IN PUBLIC PLACES, PLACES OF EMPLOYMENT, AND CERTAIN OTHER LOCATIONS AND ADDING CHAPTER 36 TO TITLE 8 OF THE TEMECULA MUNICIPAL CODE REGULATING SMOKING 14 Second Readinq of Ordinance No. 07-06 RECOMMENDATION: 14.1 Adopt an Ordinance entitled: ORDINANCE NO. 07-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 3.32.010 AND 3.32.050 OF THE TEMECULA MUNICIPAL CODE REGARDING THE CONSTRUCTION ON PUBLIC PROJECTS MOTION: Council Member Comerchero moved to approve Consent Calendar Item Nos. 1-11 and 14 (12 and 13 were previously discussed; see pages 2 and 3). Council Member Edwards seconded the motion and electronic vote reflected approval with the exception of Mayor Washington and Council Member Roberts who abstained from Item NO.8. At 7:44 p.m., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:47 p.m., the City Council resumed with regular business. CITY MANAGER REPORT No additional comments. CITY ATTORNEY REPORT With respect to closed session, City Attorney Thorson advised that there was no formal action to report under the Brown Act. R:IMinulesl050807 7 ADJOURNMENT I At 7:47 p.m., the City Council meeting formally adjourned to Tuesday, May 22, 2007, at 5:30 p.m., for a Closed Session with the regular session commencing at 7:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. I I R:IMinulesl050807 8