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HomeMy WebLinkAbout051308 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL ' MAY 13, 2008 The City Council convened in Closed Session at 6:15 p.m. and its regular meeting commenced at 7:00 p.m. on Tuesday, May 13, 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 by Niko Ayala INVOCATION The invocation was provided by Pastor Mike Wallace of Crossroads Church PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Temecula Valley Young Marines ' PRESENTATIONS/PROCLAMATIONS Public Works Week Proclamation In recognition of the many contributions of the Public Works Department to the health, safety, comfort, and quality of life of this community, Mayor Naggar proclaimed May 18~" through 24`", 2008, to be National Public Works Week. On behalf of the Public Works Department, Deputy Public Works Director Butler thanked the City Council for the recognition. Certificates of Aopreciation to Temecula Youth Emplovment Exoo Committee Members In honor of their efforts in making this year's Youth Employment Expo a success, the City presented the following individuals with a Certificate of Appreciation: • Ms. Lynn Laing, Partners in Education Committee • Ms. Jennifer Malek, Temecula Valley Chamber of Commerce • Ms. Alice Sullivan, Temecula Valley Chamber of Commerce • Ms. Laura Turnbow, Temecula Valley Chamber of Commerce • Ms. Connie Hayrick, Temecula Valley Unified School District • Ms. Tracy Hunter, Temecula Valley Unified School District • Dr. Carol Leighty, Temecula Valley Unified School District ' • Mr. Scott Schaufele, Temecula Valley Unified School District Ms. Yolanda Guttierez, Riverside County Economic Development Agency R:\Minutes\051308 • Ms. Martha Ventura, Riverside Economic Development Agency • Ms. Corinna Coran, Partners in Education Committee ' • Ms. Karen Harr, Riverside County Office of Education On behalf of the committee, Ms. Sullivan thanked the City Council for its ongoing support. Certificate of Appreciation to Bob Spaller Honoring along-time resident of Temecula that has been an icon in Old Town Temecula since the 1960s, Mayor Naggar, on behalf of the City of Temecula, presented Bob "the Barber" Spaller with a Certificate of Appreciation. Reminiscing the past, Mr. Spaller thanked the City Council for the recognition. PUBLIC COMMENT A. Ms. Barbara Wilder, Temecula, highlighted the City Council's achievements and relayed her appreciation of all the new facilities the City has built, and requested that residents ignore the disgruntled residents attacking the Council for false and unproven innuendos and ignore the false accusations. B. By way of overheads, Mr. Doc Lain, Temecula, expressed his concern with an article in the Press Enterprise referencing the future Civic Center site area and its potential of underlying Indian artifacts, Mr. Lain queried on the archeological documentation of the Mitigated Negative Declaration. ' In response to Mr. Lain's query of the Mitigated Negative Declaration, Mayor Naggar advised that he contact the City Manager's office for clarification. C. Ms. Tracy Mackellar, Temecula, relayed her frustration with the developer of the Reserve at Crown Hill and the lack of fulfilling its Conditions of Approval as mandated by the City of Temecula and requested that the City Council hold the developer accountable for its responsibilities. D. Mr. Kevin Richards, Temecula, also relayed his dismay with the developer of the Reserve at Crown Hill and the lack of responsibilities to the residents. With respect to the Reserve at Crown Hill, City Manager Nelson advised that Mayor Pro Tem Edwards, staff, and he will be diligently working to resolve the issues of the community at the Reserve. E. Mr. Steve Phillips, Temecula, reiterated his concerns with the Reserve at Crown Hill and thanked staff for its efforts thus far. F. Mr. Michael Minniear, Temecula, relayed the issues at the Reserve at Crown Hill and requested the help of the City Council. G. Mr. Jon Billings, Temecula, echoed comments with respect to the concerns of the Reserve at Crown Hill. ' H. Mr. Bob Mejia, Reserve at Crown Hill, Temecula, thanked the City Council for its efforts but reiterated the importance of the Council and staff continuing its efforts to resolve the issue at hand. R:\Minutes\051308 2 I. By way of overheads, Mr. Otto Baron, Temecula, spoke regarding the Escallier House and Barn and relayed his dismay with the future spot for the building and the destruction of the ' historic character of the Escallier House and Barn, and requested that the City Council reconsider its plans for the Escallier House and Barn. J. By way of handout, Ms. Nancy Baron, Temecula, echoed comments by Mr. Baron. K. Ms. Kathleen Hamilton, De Luz, commented on the many reasons why individuals have chosen to reside in the City of Temecula and thanked the City Council for providing a safe and wonderful community for future generations to enjoy. L. Mr. Wayne Hall, Temecula, thanked the City Council for its efforts in addressing the abandoned home in his neighborhood and expressed his dismay with the Press Enterprise. M. Mr. Ed Dool, Temecula, congratulated the City of Temecula for receiving four awards of Excellence with respect to its Old Town Community Theater, The Parents Single Focus Group, The Temecula Library, and the Patricia H. Birdsall Sports Park; and advised the citizens of Temecula, that the City of Temecula was ranked 18`" for the State of California for Automated Signal System which the City received $500,000 to mitigate traffic issues. N. Mr. Kasen Klein, Murrieta, commended the City Council and staff for its leadership and also gave kudos to the City for ranking 18`h in the State of California with regard to funding for an Automated Signal System. O. Mr. Gary Thornhill, Temecula, spoke regarding erroneous statements made in the City's local newspaper articles, as well as speakers who speak regarding false tales; and commended ' the City Council and staff for its ongoing efforts to ensure quality of life and public safety for its residents. P. Mr. Chris Pedersen, Temecula, also relayed his dismay with the false innuendos made against the City of Temecula and County of Riverside. CITY COUNCIL REPORTS A. Referencing an article in the Press Enterprise regarding the recycling of soccer uniforms and equipment for less fortunate families, Council Member Comerchero invited the public to attend an event to collect gently used uniforms for kids which will be held on Saturday, May 17, 2008, at Ronald Reagan Sports Park, Pala Park, Patricia H. Birdsall Sports Park, and Harveston Community Park. B. Understanding the concerns of the residents of the Reserve at Crown Hill, Mayor Pro Tern Edwards advised that she will continue to work with regard to this matter to ensure the issues are resolved and noted that staff is working on an Ordinance with respect to foreclosures in the community. C. Council Member Roberts referenced a letter from the Mayor of Liedschendam-Voorburg honoring Ad and Elizabet Creemers of Temecula for all their efforts in establishing the Sister City Association. ' D. Council Member Washington relayed his disappointment with the City Council being accused of erroneous doings and questioning the integrity of his Council Members as well as himself by a few detractors. By way of overheads, he described the California Form 700 which all Council Members are required to fill out yearly; explained the mission statement of the Fair Political Practices Commission (FPPC); and relayed his past employment. R:UAinutes\051308 ' E. On behalf of the City Council and City of Temecula, Mayor Naggar honored Council Member Washington for receiving a distinguished Leadership Award from the American Planning Association and spoke regarding his prestigious position servicing as Chair on the Western Riverside Council of Governments (WRCOG). Mayor Naggar relayed that a Bob's Big Boy will be coming to Temecula as well as a Morton's Steak House and/or a Ruth's Chris Steak House. By way of overheads, Mayor Naggar spoke regarding Phase I of the construction of the future Civic Center and the testing of a horse-drawn trolley system for moving patrons around Old Town. 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 8, 2008. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 08-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS ASSET FORTH IN EXHIBIT A 4 City Treasurer's Report as of March 31 2008 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of March 31, 2008. R:Vulinutes\051308 4 t 5 Initiation of Citv Construction of Priority Public Improvements with Bond Proceeds (CFD 03- RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 08-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CONSTRUCTION OF VARIOUS PUBLIC IMPROVEMENTS RELATED TO DEVELOPMENT IN RORIPAUGH RANCH AND RELATED ACTIONS, AND AUTHORIZING AND DIRECTING VARIOUS ACTIONS WITH RESPECT TO THE TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO.03-02 (RORIPAUGH RANCH) 6 Contract for Audit Services for the Fiscal Years Ended June 30 2008. 2009 and 2010 RECOMMENDATION: 6.1 Approve an agreement with Lance, Soll and Lunghard, LLP, Certified Public Accountants, to serve as the City's auditors for the fiscal years ended June 30, 2008, 2009, and 2010, for annual contract amounts of $43,400, $44,610, and ' $45,860, respectively; 6.2 Approve a 10% contingency amount for the three year period; 6.3 Appoint the Mayor or his designee to meet with the auditors in order to comply with new auditing standards. 7 Acceptance of Improvements and Notice of Completion for Phase II of the Maintenance Facility Expansion Field Operations Center. Proiect No. PW03-06 RECOMMENDATION: 7.1 Accept Phase II of the Maintenance Facility Expansion Field Operations Center, Project No. PW03-O6, as complete; 7.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 7.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. R:\Minutes\051308 5 8 All-Wav Stop Control -Walcott Lane and Klarer Lane RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 08-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ALL-WAY STOP CONTROL AT THE INTERSECTION OF WALCOTT LANE AND KLARER LANE 9 Contractor Pre-Qualifications for Phase 2 of the Old Town Civic Center Proiect No PW06- 07(Ph21 RECOMMENDATION: 9.1 Authorize the Department of Public Works to solicit and pre-qualify contractors to perform the work required for Phase 2 of the Old Town Civic Center Project, Project No. PW06-07(Ph2). 10 Improvements. Proiect No. PW99-11 RECOMMENDATION: 10.1 Approve an agreement with Geocon Inland Empire, Inc., in an amount not to exceed $125,589 to provide as needed geotechnical and material testing services for the Pechanga Parkway Phase II Street Improvements, Project No. PW99-11, and authorize the Mayor to execute the agreement; 10.2 Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $12,558.90, which is equal to 10% of the agreement amount. 11 RECOMMENDATION: 11.1 That the City Council approve a contract with Inland Planning & Design, Inc., for planning services in the amount of $45,000. (Considered under separate discussion; see page 7~. Mayor Naggar relayed his enthusiasm with respect to Item No. 5 of the Consent Calendar, noting that these improvements will take 12 to 18 months to complete. R:Vvlinutes\051308 12 Second Reading of Ordinance No. 08-02- Continued to the meeting of May 27, 2008 RECOMMENDATION: 12.1 Adopt an Ordinance entitled: ORDINANCE NO.08-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 2.10 TO THE TEMECULA MUNICIPAL CODE PROVIDING FOR CAMPAIGN DISCLOSURE REQUIREMENTS A. Mr. Tom Rogers, Winchester, relayed his appreciation of the continuation of Item No. 12 in order to allow an opportunity to review Mr. Bell's comments and suggestions. B. Mr. AI Rattan, Temecula, thanked the City Council for extending Item No. 12 for further review. Mr. Rattan also referenced an article by the Press Enterprise with regard to campaign disclosure requirements. C. Mr. Bob Kowell, Murrieta, relayed his opposition to the proposed campaign finance Ordinance. D. Mr. Ed Dool, Temecula, reiterated his support of the campaign disclosure requirements. E. Mr. Chris Pedersen, Temecula, also relayed his support of the campaign disclosure requirements. MOTION: Council Member Edwards moved to approve the Consent Calendar with the exception of Item No. 11 which was pulled for separate discussion and Item No. 12 which was continued to May 27, 2008. Council Member Comerchero seconded the motion and electronic vote reflected approval with the exception of Council Member Washington who abstained on Item No. 2.1. CONSENT CALENDAR ITEM CONSIDERED UNDER SEPARATE DISCUSSION 11 RECOMMENDATION: 11. 1 That the City Council approve a contract with Inland Planning & Design, Inc., for Planning services in the amount of $45,000. Assistant City Manager Johnson provided a staff report (of record). A. Relaying his full support, Mr. Kassen Klein, commended staff and the City Council for the proposed Design Guidelines for the Old Town Specific Plan. R:VNinutes\051308 7 MOTION: Council Member Comerchero moved to approve Item No. 11. Council Member Roberts seconded the motion and electronic vote reflected unanimous aoaroval. ' At 8:37 p.m., the City Council convened as the Temecula Community Services District, the Redevelopment Agency, and the Temecula Public Financing Authority. At 8:42 p.m., the City Council resumed with regular business. CITY COUNCIL BUSINESS 21 RECOMMENDATION: 21.1 Provide direction to staff whether or not to proceed as recommended by the Planning Commission as follows: That an amendment to the Development Code be considered to provide that all schools be processed and reviewed in the same manner (except Temecula Valley Unified School District is exempt). That all schools require a Conditional Use Permit (CUP), and not be outright permitted, so that the placement of schools and their relationship to surrounding uses, as well as CEQA impacts, can be analyzed on a case by case basis with each Conditional Use Permit application. ' By way of staff report, Junior Planner Lowrey addressed the Current Commercial Zoning requirements and as well commented on the Planning Commission's proposed recommendation In response to the City Council's queries, Ms. Lowrey noted the following: • That by law, Charter Schools have been identified as public schools • That Julian Charter Schools would receive its funding from the Temecula Valley Unified School District A. Ms. Jennifer Cauzza, representing Julian Charter School, made the following comments: • That Julian Charter School has been established for nine years and is sponsored by Julian Elementary School District in San Diego County • That Julian Charter School has 1,900 students all within the San Diego County, Orange County, and Riverside County • That there are five Julian Charter School facilities in operation • That the proposed Temecula facility would service students K-8 and would be considered anon-classroom based charter school • That Julian Charter School would comply with all required charter school laws and regulations • That funding received would be directly funded to Julian Charter School from the State • That the facility in question would currently have 117 students enrolled, noting that seven students would be from the City of Temecula ' • That students currently enrolled at the proposed facility currently serve students from Fallbrook, Escondido, Oceanside, Fallbrook, Sun City and the City of Temecula • That the applicant has completed all necessary requirements • That charter schools were opened to challenge traditional school methods R:\Minutes\051308 • That the primary goal of charter schools would be to personalize learning per student needs • That at this point in time, the proposed Julian Charter School would lease its site • That Julian Charter School does not offer athletics • That no more than 160 students would be able to attend the school at any given time • That Julian Charter School would be considered a public school and would be mandated to offer special education classes for its special needs students • That Julian Charter School IUP students are not referred out, noting that the school would comply with all State laws and regulations B. Ms. Sue Miller-Hurst, Director of the Innovation Center, relayed that legislation created charter schools to create competition for school districts so that positive change could happen; to create innovation and choices for parents; and that the public law for education would be a constitutional law for students. C. Dave Gallaher, representing the Temecula Valley School District, relayed that the school district would be in support staffls recommendation, as written; but would request that the CUP process require that future charter schools attempt to communicate with the district to better serve the students in the community. D. Mr. Larry Markham, representing Julian Charter School, noted his support with staff recommendation, as written and voiced no objection of notifying the Temecula Valley School District's notification process of any potential charter schools. E. Mr. Brian Frunk, representing M.S.S. Properties, relayed his support of the proposed ' facility. Noting his support of the proposed Julian Charter School, Council Member Washington suggested the formation of an ad hoc subcommittee comprised of himself and Mayor Pro Tem Edwards to meet with the City Attorney and staff to work on provisions of a Development Code Amendment regarding public charter schools. For the record, Director of Planning Ubnoske clarified that the Temecula Valley School District would be exempt from the provision; and requested that after provisions have been recommended by the City Attorney, staff, and subcommittee, the recommendation would require review by the Planning Commission prior to forwarding it to the City Council. MOTION: Council Member Comerchero moved to approve staff recommendation and authorize the formation of the ad hoc subcommittee to work with the City Attorney and staff and return to the City Council for a recommendation. Mayor Pro Tem Edwards seconded the motion and electronic vote reflected unanimous approval. CITY MANAGER REPORT No reports at this time. ' CITY ATTORNEY REPORT With respect to closed session, City Attorney Thorson advised that with respect to the three real property matters, the City Council considered the price and terms and authorized staff to make R:1Minutes\051308 specific offers with respect to acquiring those properties; that with respect to the second item, Roripaugh Ranch, the City Council authorized the filing of a foreclosure action against Ashby, ' U.S.A. for the non-payment of special taxes. A. Mr. AI Rattan, Temecula, referenced a letter from the City Attorney to the Fair Political Practices Commission (FPPC) dated in March 2008; and requested that any Ordinance with respect to the Campaign Disclosure requirements include a section with regard to Rancon. Referencing the letter to the FPPC, as mentioned by Mr. Rattan, Council Member Washington relayed his resentment to Mr. Rattan's comments and clarified the letter in whole. The City Council relayed their resentment towards Mr. Rattan's false comments and noted that if he continues to make such, that he do his research the accuracy of them prior to presenting them to the Council. ADJOURNMENT At 9:31 p.m. the City Council meeting was formally adjourned to Tuesday, May 27, 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. ATTEST: -- --~ i~ ~~~ Michael S. Naggar, Mayor R:Vvlinutes\051308 10