Loading...
HomeMy WebLinkAbout062408 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL ' JUNE 24, 2008 The City Council convened in Closed Session at 6:00 p.m. and its regular meeting commenced at 7:00 p.m. on Tuesday, June 24, 2008, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive. Temecula. California. Present: Council Members: Comerchero, Roberts, Washington, Edwards Absent: Council Members: Naggar PRELUDE MUSIC The prelude music was provided by Jacqueline Unpingco and Andrew Johnson INVOCATION The invocation was provided by Pastor John Wells of Mountain View Community Church PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Council Member Washington ' PRESENTATIONS/PROCLAMATIONS Certificate of Achievement to Melissa Donaldson Commending the outstanding achievement of Melissa Donaldson for her commitment to the Safe Alternatives for Everyone (SAFE) Program, Mayor Pro Tem Edwards honored her with a Certificate of Achievement. Ms. Donaldson thanked the City Council for the recognition. Special Presentation to Pat Vesev In honor of his successful production of the Old Town Temecula Annual Rod Run, Mayor Pro Tem Edwards presented Mr. Vesey with a Distinguished Community Service Award. Thanking the City Council for the award, Mr. Vesey has relayed his enthusiasm working with City staff throughout the years. PUBLIC COMMENT A. Relaying his concern with the current water shortage, Mr. Charles Rear, Temecula, advised that Temecula Valley High School and City parks are currently being watered in the middle of the day, advising that an enormous amount of water is wasted. ' City Manager Nelson noted that staff will contact the Temecula Valley School District regarding Mr. Rear's concern. R:Vvlinutes\062408 B. Mr. John Telesio, Temecula, commended Ms. Eve Craig for her long-time commitment to the community. ' CITY COUNCIL REPORTS A. Council Member Roberts requested that Verzion be contacted to ensure that Temecula's weather be shown on the Weather Channel (49). Mr. Roberts also requested that Mr. Larry Markham provide a brief report with respect to the future implementation of two Peaker Power Plants in French Valley. B. Commenting on the rates and charges of Southern California Edison's tiered system, Council Member Comerchero noted that staff is working with Southern California Edison to resolve its rates and charges and noted that the residents will be kept apprised of any new information. C. Council Member Washington commented on a Public Utilities Commission meeting he attended with Assistant City Manager Adams and voiced the inequities regarding base line rates and charges for the Inland Empire; noted that he would be hopeful to provide more information after the January 2009 Public Utilities Commission meeting; and informed that if the temperatures become extreme in the City, cooling centers will be available to the public. 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 May 21, 2008; 2.2 Approve the minutes of May 27, 2008. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 08-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A I R:VNinutes1062408 2 4 Trustee/Fiscal Aoent Services for Fiscal Year 2008-09 ' RECOMMENDATION: 4.1 Approve the expenditure of $50,615 for annual Trustee/Fiscal 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 2008- 09. 5 Fire/EMS Protection Agreement for Fiscal Year 2008-09 RECOMMENDATION: 5.1 Approve the Cooperative Agreement with the County of Riverside to provide fire protection, fire prevention, rescue service through June 30, 2011. 6 Fourth Amendment to Agreement for Law Enforcement Services RECOMMENDATION: 6.1 Approve the Fourth Amendment to the Agreement for Law Enforcement Services between the County of Riverside and the City of Temecula to include converting one Patrol Officer to a K9 Handler, converting three Community Policing Team Officers to Mall Officers, and converting seven Community Policing Team Officers to Special Enforcement Team Officers. RECOMMENDATION: 7.1 Authorize the City Manager to execute the Cooperation Agreement for Community Development Block Grants Funds for Fiscal Year 2009-11. 7.2 Adopt a resolution entitled: RESOLUTION NO.08-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE COOPERATION AGREEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS FOR FISCAL YEARS 2009-10, 2070-11, 2011-12, AND AUTHORIZING THE MAYOR TO EXECUTE THE COOPERATION AGREEMENT R:Vvlinutes\062408 8 Agreement for State Lobbvist 1 RECOMMENDATION: 8.1 Approve athree-year contract for State lobbying services with Ellison Wilson Group, LLC in an annual amount of $42,000. 9 Agreement for Lobbvist Services with David Turch & Associates RECOMMENDATION: 9.1 Approve athree-year contract for Federal legislative services to be provided by David Turch & Associates in the amount of $42,000. 10 RECOMMENDATION: 10.1 Approve a Second Amendment with T.Y. Lin International in an amount not to exceed $222,568 to prepare Plans, Specifications, and Estimate for the Western Bypass Bridge Over Murrieta Creek, Project No. PW06-04, and authorize the Mayor to execute the agreement effective July 1, 2008; 10.2 Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $22,258.80, which is equal to 10% of this Second Amendment amount; 10.3 Authorize the advance of Capital Reserves in the amount of $244,824.80, the amount of this Second Amendment and 10% contingency, until the TUMF agreement is approved. 11 Amend the scone of work for the Citywide Concrete Repairs FY2007-08 Proiect No. PW08- 01 RECOMMENDATION: 11.1 Amend the scope of work for the subject project to expend previously budgeted funds; 11.2 Increase the City Manager's change order approval authority by $31,288.75. 12 Amend the scone of work for the Citywide Slurry Seal Proiect FY2007-2008 Proiect No. PW08-02 RECOMMENDATION: 12.1 Amend the scope of work for the subject project to expend previously budgeted funds; ' 12.2 Increase the City Manager's change order approval authority by $23,500.15. R:Vvtinutes\062408 4 13 ' Avenue. Proiect No. PW02-19 RECOMMENDATION: 13.1 Approve an increase in contingency funds of $126,615.24 and authorize the City Manager to approve change orders not to exceed the total contingency amount of $284,110.34; 13.2 Accept the Rancho California Road Widening South Side from I-15 to Old Town Front Street /Jefferson Avenue Project No. PW02-19, as complete; 13.3 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; 13.4 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 14 Professional Services Agreements for Real Estate Appraisal Services for various Capital Improvement Projects for Fiscal Year 2008-2009 RECOMMENDATION: 14.1 Approve an agreement with Mason & Mason Real Estate Appraisers & Consultants in the amount of $50,000 to provide as needed real estate appraisal services; 14.2 Approve an agreement with Riggs & Riggs, Inc. in the amount of $50,000 to provide as needed real estate appraisal services; 14.3 Approve an agreement with Lea Associates, Inc. in the amount of $50,000 to provide as needed real estate appraisal services; 14.4 Approve an agreement with BTI Appraisal in the amount of $50,000 to provide as needed real estate appraisal services; 14.5 Approve an agreement with Warren H. Neville, MAI in the amount of $50,000 to provide as needed real estate appraisal services; 14.6 Approve an agreement with Robert Shea Perdue Real Estate Appraisal in the amount of $50,000 to provide as needed real estate appraisal services; 14.7 Authorize the Mayor to execute the agreements R:UAinutes\062408 5 15 Professional Services Aoreements for Geotechnical and Material Testing Services for various Capital Improvement Proiects for Fiscal Year 2008-2009 ' RECOMMENDATION: 15.1 Approve the agreement with Petra Geotechnical, Inc. in the amount of $100,000 to provide as needed geotechnical and material testing services; 15.2 Approve the agreement with Leighton Consulting, Inc. in the amount of $100,000 to provide as needed geotechnical and material testing services; 15.3 Authorize the Mayor to execute the agreements. 18 Professional Services Aoreements for Engineering and Construction Survev Services for various Capital Improvement Proiects for Fiscal Year 2008-2009 RECOMMENDATION: 16.1 Approve the agreement with Hall & Foreman, Inc. in the amount of $100,000 to provide as needed engineering and construction survey services; 16.2 Approve the agreement with David Evans and Associates, Inc. in the amount of $100,000 to provide as needed engineering and construction survey services; 16.3 Authorize the Mayor to execute the agreements. 17 Authorize Temporary Street Closure of Pauba Road between Margarita Road and Showalter Road for the "July 4th, 2008 Fireworks Show" and Delegate Authoriy to Issue Special Events/Street Closures Permit to Director of Public Works RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 08-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF PAUBA ROAD BETWEEN MARGARITA ROAD AND SHOWALTER ROAD FOR THE "JULY 4TH 2008, FIREWORKS SHOW", AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES R:Vvtinutes\062408 18 ' Street: 5th Street: 6th Street; and Mercedes Street between Moreno Road and 2nd Street for the "Star Spangled 4th of Julv Parade" and Delegate Authoritv to Issue Special Events/Street Closures Permit to the Director of Public Works RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. 08-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF OLD TOWN FRONT STREET BETWEEN MORENO ROAD AND 2ND STREET; MAIN STREET FROM THE BRIDGE TO OLD TOWN FRONT STREET; 2ND STREET; 3RD STREET; 4TH STREET; 5TH STREET; 6TH STREET; AND MERCEDES STREET BETWEEN MORENO ROAD AND 2ND STREET FOR THE "STAR SPANGLED 4TH OF JULY PARADE" AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 19 Western Bvpass Corridor, northern segment alignment, Project No. PW05-10 RECOMMENDATION: 19.1 Adopt a resolution entitled: RESOLUTION NO. 08-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE ALIGNMENT FOR THE WESTERN BYPASS CORRIDOR FROM CHERRY STREET TO JUST SOUTH OF RANCHO CALIFORNIA ROAD, STATION 208+00 AS PLANNED, AND MAKING FINDINGS WITH RESPECT THERETO 20 Authorize Temporary Street Closure of Portions of Main Street and Third Street for the "Temecula Valley International Jazz Festival" event scheduled for Julv 10 11 12, and 13. 2008 and Delegate Authoritv to Issue a Special Events/Street Closures Permit to the Director of Public Works RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. 08-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF PORTIONS OF MAIN ' STREET AND THIRD STREET FOR THE "TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL" EVENT SCHEDULED FOR JULY 10, 11, 12, AND 13, 2008 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES R:Uvlinutes\062408 21 ' Conservation District RECOMMENDATION: 21.1 Adopt a resolution entitled: RESOLUTION NO. 08-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE OFFERS OF DEDICATION AND EXECUTING THE QUITCLAIM DEEDS WHEREBY CITY GRANTS TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (RCFC &WCD) DRAINAGE EASEMENTS FOR TEMECULA CREEK CHANNEL -MEADOWS GREENBELT LATERAL (TRACTS 24788-1 8 2, 24188-2 PASEO DEL SOL DEVELOPMENT) 22 Execution of Quit Claim Deeds Whereby Citv Grants to Riverside County Flood Control and RECOMMENDATION: 22.1 Adopt a resolution entitled: ' RESOLUTION NO. 08-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXECUTING THE QUITCLAIM DEEDS WHEREBY CITY GRANTS TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (RCFC & WCD) A DRAINAGE EASEMENT FOR GABBIANO DRIVE STORM DRAIN (TRACT MAP NO. 24182-3) 23 Arts__Council of Temecula Valley Special Event Community Grant Agreement RECOMMENDATION: 23.1 Approve a Special Event Community Grant Agreement between the City of Temecula and the Arts Council of Temecula Valley (Arts Council) in the amount of $20, 000. 24 Acceptance of Grant Deed -Wolf Creek Civic Use Parcel RECOMMENDATION: 24.1 Authorize acceptance of the Grant Deed for the Wolf Creek Civic Use Parcel Tract Map 29305 Lot 27, located in the Wolf Creek development and direct staff to proceed with the necessary actions to cause the deed to be recorded. R:VNinutes\062408 25 Agreement for Plan Review Services with Esoil Corporation ' RECOMMENDATION: 25.1 Approve an agreement for Consulting Services with Esgil Corporation to provide Plan Check Services for Fiscal Year 2008/2009 in the amount of $150,000. 26 Agreement for Plan Review Services with Interwest Consulting RECOMMENDATION: 26.1 Approve an agreement for Consultant Services for Plan Check Review for Fiscal Year 2008/2009 with Interwest Consultants in an amount not to exceed $50,000. 27 Agreement for Architectural Consultant Services between the Citv of Temecula and Roger Cantrell RECOMMENDATION: 27.1 Approve a contract with Roger Cantrell for architectural plan review services in the amount of $50,000 for fiscal year 2008-09. 28 Accela/Permits Plus Annual Maintenance Agreement RECOMMENDATION: ' 28.1 Authorize the purchase of the annual maintenance support agreement for the following Accela/Permits Plus Applications: Permits Plus Base, Client Server, Office Link, and Wireless Modules, for the total amount of $38,185.99; 28.2 Authorize the City Manager to approve the contingency amount of $3,818.99, which is equal to 10% of the contract amount. MOTION: Council Member Washington moved to approve the Consent Calendar. Council Member Comerchero seconded the motion and electronic vote reflected approval with the exceation of Mayor Naggar who was absent. At 7:32 p.m., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:39 p.m., the City Council resumed with regular business. R:\Minutes\062408 PUBLIC HEARING 37 Planning Applicatioi Center (TRCI Specific RECOMMENDATION: 37.1 Adopt a resolution entitled: RESOLUTION NO. 08-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO APPROVE PLANNING APPLICATION NUMBER PA08-0003, A SIGN PROGRAM FOR THE PROMENADE MALL MAIN STREET EXPANSION AND ENTRY UPDATES INCLUDING: ENTRY MONUMENTS, SITE DIRECTIONAL, MALL ENTRANCES, PARKING GARAGE DIRECTIONAL'S AND CAR COUNTERS, PARKING LOT DIRECTIONAL'S, DIRECTORIES, VALET, BANNERS, BLADE SIGNS, AND MAIN STREET TENANT SIGNS 37.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE TEMECULA REGIONAL CENTER SPECIFIC PLAN (SP NO. 263) TO AMEND THE SIGN CRITERIA AND ' TO ALLOW DAY SPAS AS A PERMITTED USE IN PLANNING AREAS 2 AND 3 LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER ROAD AND YNEZ ROAD (PLANNING APPLICATION NUMBER PA08-0081) By way of PowerPoint Presentation, Associate Planner Kitrerow highlighted the main components of staffs report (per agenda), as follows: • Sign Program • Applicability • Not Applicable • New Logo • Old vs. New Theme • New Sign Examples • Main Street Signs • Off-Premise Parking Garage Signs • Specific Plan Amendment • Environmental Determination • Recommendation Associate Planner Kitrerow advised that she has not received any opposition from the public with respect to the proposed amendment to the Specific Plan. ' At this time, the public hearing was opened and due to no speakers, it was closed. The City Council commended staff and Forest City for their efforts with this project. R:Wlinutes\062408 10 MOTION: Council Member Roberts moved to approve Item No. 37.1. Council Member Comerchero seconded the motion and electronic vote reflected approval with the exceation of ' Mayor Naggar who was absent. At this time, City Attorney Thorson introduced and read by title only Ordinance 08-03. MOTION: Council Member Comerchero moved to approve Item No. 37.2. Council Member Roberts seconded the motion and electronic vote reflected approval with the exceation of Mayor Naggar who was absent. 38 TUMF Fee Schedule for FY 2008-09 RECOMMENDATION: 38.1 Adopt a resolution entitled: RESOLUTION NO. 08-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE APPLICABLE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) SCHEDULE TO MAINTAIN FEE RATES AT FY 2007-08 LEVELS Director of Public Works Hughes provided a brief staff report (of record). At this time, the public hearing was opened and due to no speakers, it was closed. ' MOTION: Council Member Washington moved to approve staff recommendation. Council Member Roberts seconded the motion and electronic vote reflected approval with the exceation of Mayor Naggar who was absent. CITY COUNCIL BUSINESS 39 Registration of Abandoned Residential Properties (at the request of Mavor Pro Tem Edwards RECOMMENDATION: 39.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8.44 TO THE TEMECULA MUNICIPAL CODE RELATING TO THE MAINTENANCE OF RESIDENTIAL PROPERTIES AND THE REGISTRATION OF ABANDONED RESIDENTIAL PROPERTIES By way of PowerPoint Presentation, Director of Building and Safety Harold highlighted the implementation plan as well as staffs goals (per staff report). ' At this time, City Attorney Thorson read by title only Ordinance No. 08-04. R: Wlinutes\062408 11 MOTION: Council Member Comerchero moved to approve staff recommendation. Council Member Roberts seconded the motion and electronic vote reflected approval with the t exceation of Mayor Naggar who was absent. 40 Campaign Disclosure Ordinance RECOMMENDATION: 40.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 2.10, CAMPAIGN DISCLOSURE REQUIREMENTS 40.2 Read by title only and adopt an ordinance entitled: ORDINANCE NO.08-06 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 2.10, CAMPAIGN DISCLOSURE REQUIREMENTS AND MAKING FINDINGS WITH RESPECT THERETO City Attorney Thorson provided a staff report (of record). In response to Council Member Washington, City Attorney Thorson advised that the proposed ' Ordinance would seek to expand existing rules and regulations to include committees that would meet the specific requirements of the Ordinance; advising that a committee would need to be involved in a Temecula election; that the definition of Committee, as per Government Code Section 81009.5, subsection (e) shall only apply to: (A) a Candidate's controlled committee or committees formed or existing primarily to support or oppose their candidates; (B) committees formed or existing primarily to support or oppose a Candidate or Candidates; (C) committees formed or existing primarily to support or oppose the qualifications of, or the passage of, a ballot measure which is being voted on only in the City of Temecula. City Attorney Thorson also noted that an individual who chooses to use his own funds to oppose candidates running for reelection would not be subject to the Political Reform Act or the proposed Ordinance in question. Referencing requirements of disclosure, Council Member Comerchero requested clarification with respect to (B) committees formed or existing primarily to support or oppose a Candidate or Candidates, to which City Attorney Thorson advised that, per State Law, a candidate or candidates campaigning in another City as well as the City of Temecula would not be subject to the City's proposed Ordinance or State Law. In response to City Attorney Thorson's clarification, Council Member Comerchero relayed his disappointment with the proposed Ordinance; noted that it would be his opinion that the proposed Ordinance, as written, would not meet the City Council's intent, but rather only a small portion of the proposed Ordinance would meet the City Council's intent. R:Wlinutes\062408 12 Understanding Council Member Comerchero's concern, City Attorney Thorson noted that the language in the proposed Ordinance is directly from the Political Reform Act which would limit the scope of local campaign disclosure Ordinances; and that the City Council would not have the purview to revise its language. Mayor Pro Tem Edwards relayed that the City Council's intent for the proposed Ordinance would be to provide full transparency for Temecula residents; that because of State Law limitations, a major portion of the Ordinance will not be providing full transparency; and therefore, the proposed Ordinance would defeat the City Council's purpose. For the City Council, City Attorney Thorson noted that the Fair Political Practices Commission (FPPC) recognizes the concerns which have been raised and have recently completed a report with respect to independent expenditures; and that the FPPC is exploring the possibility of tightening the language with respect to disclosure requirements. Mayor Pro Tem Edwards stated that other than the committees that have formed to address a local campaign, the only way that the citizens of Temecula would know who has participated in political campaign would be through the 460 campaign reporting process. A. Mr. Wayne Hall, Temecula, relayed his concerns with the handlings of political campaigns. B. Mr. Fred Bartz, Temecula, stated that although the proposed Ordinance would not be without failure, it would be his opinion that it would still be important to approve the proposed Ordinance. ' C. Mr. Chris Pedersen, Temecula, relayed that although a Campaign Disclosure Ordinance would be important, the proposed Ordinance would defeat the City's intent and that there would be no point moving forward with the proposed Ordinance. City Attorney Thorson advised that the report prepared by the FPPC regarding independent expenditures, made five specific recommendations to tighten independent expenditures and State Laws relating to committees and its reporting processes; that it would be the City Council's purview to support legislature and FPPC enacting these types of recommendations and/or modify Government Code Section 81009.5 that would place restriction on the types of local Ordinances that deal with State-wide committees participating in local elections. Relaying his opinion, Council Member Roberts stated that although the proposed Ordinance may not be the City Council's full intent, it would be better than not having a Campaign Disclosure Ordinance in place; and that perhaps in the future there may be an opportunity to amend the Ordinance ensuring complete transparency. Offering more information, City Attorney Thorson advised it would be in the City Council's interest to draft a letter to the Fair Political Practice Commission (FPPC) encouraging the tightening of the language with respect to independent expenditures. Although disappointed with the restrictions of the proposed Ordinance, Council Member Comerchero expressed his support of the recommendation, as written, subject to staff drafting a letter to the FPPC detailing the importance of revising the language with respect to independent ' expenditures; and that a copy of the letter be sent to the elected representatives in Sacramento. Mayor Pro Tem Edwards briefly explained the purpose of the proposed Ordinance to the audience. R:\Minutes\062408 13 For Council Member Comerchero, City Attorney Thorson noted that if an individual/organization sought to retrieve information with respect to independent expenditures, it could be provided. ' At this time, City Attorney Thorson read by title only Ordinance 08-05. MOTION: Council Member Comerchero moved to approve Item No. 40.1, as written, subject to a letter being drafted to the FPPC recommending to revise its language with respect to independent expenditures. Council Member Washington seconded the motion and electronic vote reflected approval with the exception of Mayor Naggar who was absent. At this time, City Attorney Thorson read by title only Ordinance 08-06. MOTION: Council Member Comerchero moved to approve 40.2. Council Member Washington seconded the motion and electronic vote reflected approval with the exception of Mayor Naggar who was absent. 41 Old Town Local Review Board Appointments RECOMMENDATION: 41.1 Appoint two applicants to serve full three-year terms on the Old Town Local Review Board through June 15, 2011. Deputy City Clerk Ballreich provided a brief staff report (of record). MOTION: Council Member Comerchero moved to accept the reappointment of Peg Moore and ' appointment of Gary Watts to serve full three-year terms on the Old Town Local Review Board. Council Member Comerchero seconded the motion and electronic vote reflected approval with the exception of Mayor Naggar who was absent. 42 Planning Commission Appointment RECOMMENDATION: 42.1 Appoint one applicant to serve a full three-year term on the Planning Commission through June 15, 2011. Deputy City Clerk Ballreich provided a brief staff report (of record) MOTION: Council Member Washington moved to accept the reappointment of Carl Carey to serve a full three-year term on the Planning Commission. Council Member Comerchero seconded the motion and electronic vote reflected approval with the exception of Mayor Naggar who was absent. CITY MANAGER REPORT No report at this time. R:Wlinutes\062408 14 CITY ATTORNEY REPORT With respect to Closed Session, City Attorney Thorson advised that the City Council gave direction to staff with respect to a real property matter to the City's negotiator and advised that prior to any final action on the agreement by the City Council/Agency Board, the item will return as a public hearing item; and that there would be no action to report with respect to the litigation matter. As per the July 8, 2008, City Council meeting, City Attorney Thorson noted that Mayor Pro Tem Edwards did not attend the Closed Session concerning the Warehouse at Creekside LLC project. ADJOURNMENT At 8:51 p.m. the City Council meeting was formally adjourned to Tuesday, July 8, 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. Michael S. Na gar, a ATTEST: Susan W. Jones, MMC City Clerl R:Vvlinutes\062408 15