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Home My WebLink About081407 CC Minutes I I I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL AUGUST 14, 2007 The City Council convened at its regular meeting commenced at 7:00 p.m., on Tuesday, August 14, 2007, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Comerchero, Edwards, Naggar, Roberts, Washington. Council Members: Absent: Council Member: None. PRELUDE MUSIC The prelude music was provided by Joseph Donnantuoni. INVOCATION The invocation was provided by Pastor Steve Struikmans of Rancho Community Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Council Member Edwards. PRESENT A TIONS/PROCLAMATIONS Chief Deputy laBahn introduced newly hired Police Chief Jerry Williams. Chief Williams relayed his enthusiasm to be working for the City of Temecula. Certificate of Achievement presented to Andrew Wriaht for attainina the rank of Eaale Scout Recognizing Andrew for receiving the rank of Eagle Scout, Mayor Washington, presented him with an award and wished him success in his future accomplishments. Thanking the Council for recognizing his son Andrew, Mr. Wright invited the City Council and audience to attend the Distinguished Citizens Dinner to be held at Pechanga Resort on Thursday, September 20, 2007, advising that all proceeds will go towards the Boy Scouts of Temecula. PUBLIC COMMENTS The following individuals spoke in opposition of the flea market held at the Old Town Farmer's Market. . Mr. Doc lain, Temecula . Mr. Stephen Eldred, Temecula . Ms. Evelyn Honec, Temecula . Ms. Pat Roberts, Temecula . Mr. Craig Puma, Temecula . Mr. AI Rattan, Temecula R:\Minutesl081407 1 I I I . Mr. Michael Collier, Temecula . Ms. Carol Stout, Temecula . Mr. Chris Bailey, Temecula. The above-mentioned individuals spoke in opposition to the flea market at the Old Town Farmer's Market, for the following reasons: . That the parking study implemented by the city was conducted by volunteers, not a professional firm; and that the city did not take into consideration parking at the Old Town Temecula Community Theater, the Dalton Building, and the Perkins Building . That the flea market's patrons at the Farmer's Market spill over onto the already congested streets that lack parking spaces . That the Old Town merchants would have a concern with the future use of the Escalliar House, noting that it would disrespectful to use it as a pantry . That the Farmer's Market, in violation of the agreement with the city would be competing with the Old Town merchants . That the Farmer's Market would offer retail products that would not normally be found at a Farmer's Market . That Farmer's Markets have become the face and the spirit of communities they serve; that the community of Old Town Temecula is not being served by its Farmer's Market; and that the Old Town Farmer's Market is hurting the businesses of Old Town, not enhancing it. At this time, video footage taken of the Farmer's Market by Mr. Eldred was submitted to the City Clerk. . That a public hearing regarding the issues of the Fam1er's Market should be placed on the next City Council agenda for further discussion. Referencing the agreement between the Farmer's Market and the City, City Manager Nelson advised that the agreement between the city and the Farmer's Market would be available for the public to review. At this time, a petition of 60 signatures opposing the flea market at the Old Town Farmer's Market was submitted to the City Clerk. . That the Old Town Farmer's Market should be restricted to selling only organic fruits and vegetables, handmade items, flowers, and home baked goods . That the Farmer's Market has become a swap meet, not what the City intended . That with the expansion of vendor's at the Old Town Farmer's Market, Old Town restaurants may be forced to close on Saturdays. Advising that she had an opportunity to meet with the Old Town Merchants Association, Council Member Edwards noted that she will be acting as the liaison between the association and the city and will keep the City Council apprised of new information as it becomes available. R:IMinutesl081407 2 I I I CITY COUNCIL REPORTS A. Noting the current parking challenges in Old Town, Mayor Pro Tem Naggar advised that construction of on a new parking structure will begin April 2008; that it would be important that the merchants understand that it would be the desire of the Council that the merchants of Old Town are successful; that local government would not regulate commerce; that the City Council has made and will continue to make a significant movement to stimulate economic development for the Old Town area; that he would request that the Old Town merchants work with Council Member Edwards and the proprietors of the Farmer's Market to explore a solution that mutually benefit both groups. B. Council Member Edwards announced that Concordia University will be signing a long time agreement with RFM to expand its program in Temecula. 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 July 24, 2007. 3 Resolution approvina List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 07-65 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. 2007 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of June 30, 2007. R:IMinutesl081407 3 I I I 5 TrusteelFiscal Aaent Services for Fiscal Year 2007-08 RECOMMENDATION: 5.1 Approve the expenditure of $39,065 for annual TrusteelFiscal Agent services provided by US Bank for the City's Community Facilities Districts, Assessment District, Tax Allocation Bonds, and Certificates of Participation for fiscal year 2007- 08. 6 Edward Byrne Memorial Justice Assistance Grant Application RECOMMENDATION: 6.1 Approve the Edward Byrne Memorial Justice Assistance Grant Application for a proposed amount of $24,761; 6.2 Increase estimated General Fund Grant Revenue by $24,761; 6.3 Appropriate $24,761 from General Fund Grant Revenue to the Police Department. 7 Approve FY2007-08 Economic Development Operatina Aareement with the Temecula Valley Chamber of Commerce RECOMMENDATION: 7.1 Approve the operating agreement and authorize the Mayor to execute the agreement with the Temecula Valley Chamber of Commerce in the amount of $151,400. 8 Approve FY 2005-06 and FY 2006-07 Desianated Allocation for Circle of SAFE-T RECOMMENDATION: 8.1 Approve the funding agreements in the amount of $15,000 for FY 2005-06 and $15,000 for FY 2006-07 for the Circle of SAFE-T PartnershiplRancho Springs Medical Center and authorize the Mayor to execute the agreement. 9 Approval of T emecula Valley Convention & Visitors Bureau FY2007 -08 Budael. Budaetarv Control Policy. and Marketina Aareement RECOMMENDATION: 9.1 Approve the Temecula Valley Convention & Visitors Bureau (CONVIS) FY2007-08 Budget regarding Tourism Improvement District Funds; 9.2 Approve Temecula Valley CONVIS Budgetary Control Policy; 9.3 Approve the attached agreement which provides City Marketing Funding Support of $120,000 to the Temecula Valley CONVIS. R:IMinutesl081407 4 I I I 10 Procurement of Panasonic Touahbook Tablet PCs RECOMMENDATION: 10.1 Authorize the purchase of ten (10) Panasonic Toughbook Tablet PCs from GTSI Corp for the total amount of $47,771.26 11 Procurement of Computerized Maintenance Manaaement Software RECOMMENDATION: 11.1 Approve the purchase of a Computerized Maintenance Management System (CMMS) in agreement with GBA Masters, Inc. in the amount of $53,895; 11.2 Allocate a 10% contingency in the amount of $5,389.50. 12 Grant of Easement and Bill of Sale to Verizon California. Inc. Associated with the Maintenance Facility Field Operations Center - Phase II. Proiect No. PW03-06 RECOMMENDATION: 12.1 Approve a Grant of Easement and Bill of Sale to operate and maintain communication facilities on the City's Maintenance Facility (APN 921-020-078), and authorize the City Manager to execute the aforementioned documents. 13 Purchase and Sale Aareement for retainina wall and aradina easements necessarv for planned street improvements to Butterfield Staae Road RECOMMENDATION: 13.1 Approve Purchase and Sale Agreement between the City of Temecula and Wayne and Joyce Jones, for the purchase of retaining wall and grading easements for the widening of Butterfield Stage Road north of Rancho California Road at a purchase price of $218,000 plus escrow fees; 13.2 Authorize an advance of General Fund Reserves in the amount of $223,000 to cover the $218,000 cost of the easements plus the associated escrow fees not to exceed $5,000; 13.3 Authorize the City Manager to execute the Purchase and Sale Agreement, approve and execute any necessary documents and to take all necessary actions to complete this acquisition, including without limitation, all escrow instructions. 14 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Traffic Sianallnstallation at Rancho California Road and Business Park Drive. West - Proiect No. PW07-02 RECOMMENDATION: 14.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Traffic Signal Installation at Rancho California Road and Business Park Drive, West Project No. PW07-02. R:IMinutesl081407 5 I I I 15 First Amendment to Professional Services Aareement - Santiaao Detention Basin. Proiect No. PW06-12 RECOMMENDATION: 15.1 Approve the First Amendment with Kimley-Horn and Associates, Inc. to provide professional engineering and design services for the preparation of plans, specifications and estimates for the construction of the Santiago Detention Basin, Project No. PW06-12, for an amount not to exceed $81,810.00, and authorize the Mayor to execute the amendment; 15.2 Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of 10% of the amendment ($8,181.00). 16 Completion and Acceptance of the Old Town Civic Center - Site Demolition and Preparation. Food Pantrv and Mclauahlin Buildinas. Proiect No. PW06-07(1A) RECOMMENDATION: 16.1 Accept the project, Old Town Civic Center - Site Demolition and Preparation, Food Pantry and Mclaughlin Buildings, Project No. PW06-07 (1A) as complete; 16.2 Direct the City Clerk to file and record the Notice of Completion. 17 Air Cleanina Systems Aareement RECOMMENDATION: 17.1 Approve an agreement with Air Cleaning Systems in the amount of $46,960.45 for a Plymovent diesel exhaust removal system to be installed at Fire Station 73; 17.2 Approve 10% contingency and allow the City Manager to execute change orders. 18 Authorize Temporarv Street Closure of Main Street between Old Town Front Street and Puiol Street for the "Temecula-On-Staae" event scheduled for September 1. 2007 and Deleaate Authority to Issue a Special EventslStreet Closures Permit to the Director of Public Works RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. 07-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF MAIN STREET BETWEEN OLD TOWN FRONT STREET AND PUJOL STREET FOR THE "TEMECULA-ON. STAGE" EVENT SCHEDULED FOR SEPTEMBER 1, 2007 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES R:\Minutesl081407 6 I I I 19 Second Readina of Ordinance No. 07-08 RECOMMENDATION: 19.1 Adopt an Ordinance entitled: ORDINANCE NO. 07-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.01(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS 20 Second Readina of Ordinance No. 07-09 RECOMMENDATION: 20.1 Adopt an Ordinance entitled: ORDINANCE NO. 07-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 5.12 ("CABLE, VIDEO, AND TELECOMMUNICATIONS SERVICES PROVIDERS") OF TITLE 5 OF THE TEMECULA MUNICIPAL CODE BY ADDING A NEW ARTICLE 8 21 Second Readina of Ordinance No. 07-11 RECOMMENDATION: 21.1 Adopt an Ordinance entitled: ORDINANCE NO. 07-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 8.36.020, 8.36.030, AND 17.30.020 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO SMOKING MOTION: Council Member Roberts moved to approve the Consent Calendar. Council Member Comerchero seconded the motion and electronic vote reflected approval with the exception of Council Member Comerchero and Mayor Pro Tem Naggar abstaining from Item No. 13, Mayor Pro Tem Naggar abstaining from Item No. 15, Council Member Edwards abstaining from Item No. 16, and Mayor Washington abstaining from Item No. 18. At 7:46 p.m. the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:48 p.m. the City Council resumed with regular business. RECONVENE TEMECULA CITY COUNCIL No additional business. R:\Minutesl081407 7 I I I 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. ADJOURNMENT At 7:49 p.m. the City Council meeting was fOm1ally adjourned to Tuesday, August 28, 2007, at 5:30 P.M., for a Closed Session with regular session commencing at 7:00 p.m. in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Q{i:J Chuck ATTEST: [SEAL] R:\Minutesl081407 8