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Home My WebLink About112707 CC Minutes - II I I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL NOVEMBER 27, 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, November 27, 2007, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Council Members: Edwards, Naggar, and Mayor Washington Absent: Council Members: Comerchero and Roberts. PRELUDE MUSIC The prelude music was provided by AI Ball and Carolyn Lechusza Aquallo. INVOCATION The invocation was provided by Rabbi Hurwitz of Chabad of Temecula Valley. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Council Member Edwards. PRESENT ATIONS/PROCLAMA TIONS Certificate of Achievement presented to Jasen Kniaht and Jeremv Duhe' for attainina the rank of Eaale Scout Commending Jasen Knight of Troop #301 and Jeremy Duhe' of Troop #309 for achieving rank of Eagle Scout, Mayor Washington presented them with a Certificate of Achievement as well as the City's Eagle Scout pin. Certificate of Appreciation to Paul Jacobs for his service on the PubliclTraffic Safetv Commission On behalf of the City Council Members, Mayor Washington presented Mr. Paul Jacobs with a Certificate of Appreciation for his many contributions in serving as a Public Traffic Safety Commissioner. Accepting the Certificate of Appreciation, Mr. Paul Jacobs thanked the City Council for the recognition and stated that it has been his honor to have served on the Public Traffic Safety Commission. Certificate of Appreciation to Jack Henz for his service on the Communitv Services Commission Thanking Mr. Jack Henz for his 12 years of service and dedication, Mayor Washington honored him with a Certificate of Appreciation. Relaying that it has been his joy and pleasure working as a Commissioner on the Community Services Commission, Mr. Henz thanked the Council and the Community Services Department for the Certificate of Appreciation. R:\Minutes\112707 . I I I Municipal Information Svstems Association in California (MISAC) Award for Excellence in Information Technoloav Practices Mr. Ken Desforges, representing the City of Diamond Bar, presented to Information Systems Director Thorson the MISAC Award of Excellence in Information Technology Practices for excelling in creative and efficient uses of resources in local governments and for exceeding local government standards in the areas of strategic planning and budget, purchasing, operations, customer satisfaction, internet, project management, training, disaster preparation and recovery, and policies and procedures. Thanking Mr. Desforges and the City Council for the recognition, Director of Information Systems Thorson introduced and extended appreciation to his staff. PUBLIC COMMENT A. Ms. Tammy Wilson, Ms. Stacey Daniels, and Charlene Fort, representing the Temecula Gospel Arts Festival, introduced Lady Tramaine Hawkins. B. Lady Tramaine Hawkins, representing Lady Tramaine Hawkins Ministries, spoke regarding an upcoming Gospel Festival to be held in Old Town. C. Mr. Jimmy Moore and Ms. Luanne Ferrer, representing the Temecula Valley Music Society, spoke regarding upcoming events at the Old Town Temecula Community Theater. D. Ms. Peg Moore and Mr. Jimmy Moore, Temecula, thanked the City Council and past Cit~ Council members for creating such a fine City and wished the City of Temecula a Happy 18 Birthday. CITY COUNCIL REPORTS A. Mayor Pro Tem Naggar informed the Council Members that the Vail Family would be willing to allow the City of Temecula to display collected memorabilia of Walter Vail (founder of the region) at the Temecula Valley Museum if the City were to preserve the items using standard museum practices; therefore, Mr. Naggar requested that this matter be readdressed by the City Council at an upcoming Council meeting. Mayor Pro Tem Naggar invited the public to attend a Regional Medical Facility Symposium Meeting to be held in the City Council Chambers at City Hall on Monday, December 10,2007, at 6:00 p.m. B. Speaking on the importance of uniting organizations and entities that provide services to the homeless and low-income families, Council Member Edwards advised of an upcoming meeting in early 2008 to discuss bringing these types of organizations together in order to work on a closer scale. C. Referencing the Public Utilities Commission, Mayor Washington updated the community with regard to rates and charges, and suggested that the City Council and staff continue to pursue a lower rate and charge with the Public Utilities Commission. R:\Minutes\112707 2 - I I I 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 October 23,2007. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 07-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 2007-08 Community Service Fundina Proaram RECOMMENDATION: 4.1 Review and approve the 2007-08 Community Service Funding Program grants pursuant to the attached spreadsheet outlining the Ad Hoc Subcommittee's recommendations of $112,000 to 36 organizations. (Item No.4 was pulled for separate discussion; see pages 7 and 8.) 5 Liability Insurance Renewal RECOMMENDATION: 5.1 Approve the insurance policy renewal for general and excess liability insurance with St. Paul Travelers Insurance Company and Princeton Excess Insurance Company in the amount of $221,445, for the period of December 1, 2007 through December 1, 2008. R:\Minutes\112707 3 . I I I 6 Purchase of Handheld Traffic Citation Devices. DUI and Collision Handheld Reportina Software RECOMMENDATION: 6.1 Approve the Purchase and Installation Agreement with Crossroads Software Inc. in the amount of $52,429.15 to purchase handheld traffic citation devices and to purchase and implement DUI and Collision Reporting Software for Handhelds. 6.2 Authorize the City Manager to approve additional work up to 10% of the amount of the Agreement, not to exceed a total amount of $5,242.92. 7 Declaration Terminatina the Local State of Emeraency RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 07-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING THE TERMINATION OF THE LOCAL STATE OF EMERGENCY THAT HAD BEEN DECLARED ON OCTOBER 23, 2007 BY RESOLUTION NO. 07-91 8 Purchase and Sale Aareement for certain properlY riahts on property located at 44975 Trotsdale Drive. Temecula RECOMMENDATION: 8.1 Approve substantially in the form attached hereto the Purchase and Sale Agreement between the City of Temecula and Mike and Beverly Siow, for the purchase of an approximate 2,847 square foot permanent easement on property located at 44975 Trotsdale, Temecula (APN 961-042-004) for the widening of Pechanga Parkway at a purchase price of $9,000 plus escrow fees; 8.2 Authorize the City Manager to execute the Purchase and Sale Agreement in the amount of $9,000 to cover the cost of the easement plus the associated escrow fees not to exceed $1,500.00, approve and execute any necessary documents and to take all necessary actions to complete this acquisition, including without limitation, all escrow instructions. 9 Purchase and Sale Aareement for certain properlY riahts on property located at 45009 Muirfield Drive. Temecula RECOMMENDATION: 9.1 Approve substantially in the form attached hereto the Purchase and Sale Agreement between the City of Temecula and Stephen Sweatt and Andrea Lovvorn, for the purchase of an approximate 2,710 square foot permanent easement and 333 square feet to be acquired in fee on property located at 45009 Muirfield Drive, Temecula (APN 961-042-001) for the widening of Pechanga Parkway at a purchase price of $12,000 plus escrow fees; R:\Minutes\112707 4 . I I I 9.2 Authorize the City Manager to execute the Purchase and Sale Agreement in the amount of $12,000 to cover the cost of the easements plus the associated escrow fees not to exceed $2,000.00., approve and execute any necessary documents and to take all necessary actions to complete this acquisition, including without limitation, all escrow instructions. 10 Purchase and Sale Aareement for certain property riahts on the property located at 41351 Armada Place for improvements to Butterfield Staoe Road and Rancho California Road RECOMMENDATION: 10.1 Approve substantially in the form attached hereto the Purchase and Sale Agreement between the City of Temecula and Rueben and Jennifer Calixto, Trustees of the Calixto Family 2003 Trust, for the purchase of an approximate 37,627 square foot grading easement plus improvements , for the proposed improvements to Butterfield Stage Road, and an approximate 4,250 square easement area consisting of an approximate 2,750 square foot area for grading and an approximate 1,500 square foot area for temporary construction purposes for the proposed improvements to Rancho California Road east of Butterfield Stage Road on the real property commonly known as 41351 Armada Place, Temecula, at a purchase price of $1,200,000 plus escrow fees; 10.2 Authorize an advance of General Fund Reserves in the total amount of $1,215,000 to cover the cost of the property interests plus the associated escrow fees; 10.3 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. (Per the request of the City Attorney, Item No. 10 will be continued to January 8, 2008.) 11 Purchase and Sale Aoreement for certain property riohts on property located at 44526 and 44584 Pechanaa Parkway. Temecula RECOMMENDATION: 11.1 Approve substantially in the form attached hereto the Purchase and Sale Agreement between the City of Temecula and Temecula Creek RV Storage, for the purchase of an approximate 3,342 square foot permanent easement and an approximate 14,980 square foot temporary construction easement on property located at 44526 and 44584 Pechanga Parkway, Temecula (APN 961-010-024) for the widening of Pechanga Parkway at a purchase price of $130,000 plus escrow fees; 11.2 Authorize the City Manager to execute the Purchase and Sale Agreement in the amount of $130,000 to cover the cost of the easements plus the associated escrow fees not to exceed $3,500.00., approye and execute any necessary documents and to take all necessary actions to complete this acquisition, including without limitation, all escrow instructions. R:\Minutes\112707 5 - I I I 12 Authorize Temporary Street Closure of Main Street between Old Town Front Street and the westerly end of Main Street Bridae for the" Winter Wonderland" event scheduled for December 7.2007 and deleaate authority to issue a Special EventslStreet Closures Permit to the Director of Public Works RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 07-98 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 WESTERLY END OF THE MAIN STREET BRIDGE FOR THE "WINTER WONDERLAND" EVENT SCHEDULED FOR DECEMBER 7, 2007 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 13 Seventh Amendment to aareement for Environmental Enaineerina Services for the Pechanaa Parkway Phase II Street Improvements - Proiect No. PW99-11 RECOMMENDATION: 13.1 Approve the Seventh Amendment to the Agreement with Michael Brandman Associates in an amount not to exceed $9,100.00 for additional services necessary to complete an update to the Habitat Mitigation and Monitoring Plan (HMMP) for the Pechanga Parkway Phase II Street Improvements, Project No. PW99-11; 13.2 Authorize the Mayor to execute the amendment. 14 Seventh Amendment for Consultant Services for French Valley Parkway/lnterstate-15 Overcrossina and Interchanae Improvements - Project No. PW02-11 RECOMMENDATION: 14.1 Approve the Seventh Amendment to the consultant agreement with Moffatt & Nichol Engineers in an amount not to exceed $14,573.36 for additional services necessary to complete the Project Report and Environmental Document for the French Valley Parkwayllnterstate-15 Over-Crossing and Interchange Improvements - Project No. PW02-11 ; 14.2 Authorize the Mayor to execute the amendment to the agreement. R:\Minutes\112707 6 . I I I 15 Approval of the Plans and Specifications and authorization to solicit Construction Bids for the Old Town Infrastructure Proiect - Town Sauare and Mercedes and Main Street Improvements Plans - PW06-07 RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 07-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE PLANS AND SPECIFICATIONS FOR THE OLD TOWN INFRASTRUCTURE PROJECT AND AUTHORIZING THE SOLICITATION OF CONSTRUCTION BIDS (TOWN SQUARE AND MERCEDES AND MAIN STREET IMPROVEMENT PLANS, PW06-07) 16 Continuance of the 2007 Buildina Code Amendment RECOMMENDATION: 16.1 Continue the proposed 2007 Building Code Amendment Adoption to the December 11, 2007 Public Hearing Meeting. MOTION: Mayor Pro Tem Naggar moved to approve Item Nos. 1-3, 5-9 and 11-16 of the Consent Calendar (Item NO.4 was pulled for separate discussion and Item No. 10 was pulled off calendar.). Council Member Edwards seconded the motion and electronic vote reflected approval with the exception of Council Members Comerchero and Roberts who were both absent. 4 2007-08 Community Service Fundina Proaram RECOMMENDATION: 4.1 Review and approve the 2007-08 Community Service Funding Program grants pursuant to the attached spreadsheet of outlining the Ad Hoc Subcommittee's recommendations of $112,000 to 36 organizations. Referencing Consent Calendar Item No.4, City Attorney Thorson advised that if any City Council Members were on the Board of Directors of the 36 organizations proposed by staff, it would be necessary to abstain. In response to City Attorney Thorson's comment and due to a lack of quorum, it was the consensus of the City Council to continue No. 29 (Music Heritage, Inc.) to the December 11, 2007, City Council Meeting. MOTION: Mayor Pro Tem Naggar moved to approve Consent Calendar Item NO.4 with the exception of No. 29 (Music Heritage, Inc.). Council Member Edwards seconded the motion and electronic yote reflected approval with the exception of Council Members Roberts and Comerchero who were both absent. Director of Finance Roberts provided a staff report (of written material) and advised that the City allocated $112,000 through the process and noted that if no changes were made to the proposed recommendation, $8,000 would remain available for future allocations. R:\Minutes\112707 7 - I I I At this time, the public hearing was opened. A. Mr. James Joyce, Temecula, relayed his strong support of the 36 organizations being considered by the City Council. B. Ms. Alicia Wilkins, Temecula, representing Planned Parenthood, requested the removal of funding for Birth Choice from the Community Services Funding Program; stated that Birth Choice does not provide services to the women of Temecula; noted that Birth Choice is not a clinic staffed by medical professionals; and viewed that Birth Choice does not protect the interest of women's health. C. Ms. Chris Pedersen, Temecula, spoke in support of Birth Choice and noted that funding should not be removed from the Community Services Funding Program. At this time, the public hearing was closed. Commenting on the Food Pantry, Mayor Pro Tem Naggar requested that the City Council consider allocating $2,500 versus the proposed $2,000. Although individuals may have their opinion of Birth Choice and/or Planned Parenthood, he would not be in favor of removing funding for Birth Choice from the Community Services Funding Program. Council Member Edwards spoke in favor of the Community Services Funding Program as well as Birth Choice and requested that the proposed funding of $2,000 for the Geological Society be increased to $5,000. In response to Mayor Washington, Director of Finance Roberts noted that Planned Parenthood had not submitted a grant application and briefly itemized the services that would be provided by Birth Choice. City Manager Nelson advised that all funded applications meet the criteria established by the City through its Community Services Funding Program. MOTION: Mayor Pro Tem Naggar moved to approve staff recommendation with increasing the allocation to the Geological Society to $5,000 and the allocation to the Food Pantry to $2,500. Council Member Edwards seconded the motion and electronic vote reflected approval with the exception of Council Member Comerchero and Council Member Roberts who were both absent. At 8:09 p.m., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 8:13 p.m., the City Council resumed with regular business. R:\Minutes\112707 8 - I I I PUBLIC HEARING 24 Amendment of the California Fire Code RECOMMENDATION: 24.1 Adopt an Ordinance entitled: ORDINANCE NO. 07-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING BY REFERENCE THE 2007 EDITION OF THE CALIFORNIA FIRE CODE,INCORPORATING THE 2006 INTERNATIONAL FIRE CODE, TOGETHER WITH CERTAIN DELETIONS AND MODIFICATIONS, AND AMENDING TITLE 15 OF THE TEMECULA MUNICIPAL CODE 24.2 Adopt a Resolution entitled: RESOLUTION NO. 07-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE CALIFORNIA FIRE CODE, 2007 EDITION, ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL AND/OR TOPOGRAPHICAL CONDITIONS Captain/Fire Marshal Dakin provided a staff report (as per agenda material). At this time, the public hearing was opened and due to no speakers, it was closed. City Attorney Thorson advised that because Ordinance No. 07-16 was previously introduced, it would not have to be read into the record nor reintroduced at this time. MOTION: Mayor Pro Tem Naggar moved to approve Item No. 24.1 and 24.2. Council Member Edwards seconded the motion and electronic vote reflected with the exception of Council Members Roberts and Comerchero who were both absent. CITY COUNCIL BUSINESS 25 Adoption of Ordinance Levvina Special Taxes within Community Facilities District 88-12 (Ynez Corridor) RECOMMENDATION: 25.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA LEVYING SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 88-12 OF THE CITY OF TEMECULA (YNEZ CORRIDOR) Director of Finance Roberts provided a staff report (of written material). R:\Minutes\ 112707 9 - I Council Member Edwards clarified that the proposed action would not be to impose a new tax and that this tax is currently being collected. For the record, City Attorney Thorson clarified that the tax has been in place since the formation of the District and was voted on by the property owners. At this time, City Attorney Thorson introduced and read by title only Ordinance 07-18. MOTION: Mayor Pro Tem Naggar moved to approve staff recommendation. Council Member Edwards seconded the motion and electronic vote reflected approval with the exception of Council Member Roberts and Council Member Comerchero who were both absent DEPARTMENTAL REPORTS 26 Plannina Department Monthly Report 27 Economic Development Department Monthly Report 28 Police Department Monthly Report 29 Public Works Department Monthly Report 30 City Council Travel/Conference Monthly Report CITY MANAGER REPORT I No report at this time. CITY ATTORNEY REPORT I With respect to Closed Session, City Attorney Thorson stated that with respect to the Water Park litigation (Item No.1), the City Council voted unanimously 3-0 to not appeal the trial court decision; and that it would be expected that the owner of the property will return with a request to proceed with an Environmental Impact Report (EIR). City Attorney Thorson also advised that there was no action taken on the Diaz Road property (Item No.2), and will be addressed in January 2008. R:\Minutes\112707 10 . ADJOURNMENT I At 8:18 p.m. the City Council meeting was formally adjourned to Tuesday, December 11, 2007, 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: I [SEAL] I R:\Minutes\112707 11