HomeMy WebLinkAbout082608 CC Minutes
MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
AUGUST 26, 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, August 28, 2008, in the City Council Chambers of Temecula City Hall,
43200 Business Park Drive, Temecula, California.
Present:
Council Members:
Comerchero, Edwards, Roberts, Naggar
Absent:
PRELUDE MUSIC
Council Members:
Washington
The prelude music was provided by Anthony and Ron Savitt
The invocation was provided by Pastor Gary Nelson of Calvary Chapel of Temecula
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Council Member Comerchero
PRESENTATIONS/PROCLAMATIONS
Presentation by Suoervisor Jeff Stone
Inviting the City Council and the public to an upcoming fundraiser at the Ramona Bowl
Amphitheater, on Saturday, September 27' 2008, at 7:00 P.M., Supervisor Stone advised that
the following groups will be performing: The Knack, Tommy TuTone, Gene Loves Zezebel, and
A Flock of Seagulls.
French Vallev Energv Center - Peaker Power Plant
By way of PowerPoint Presentation, Mr. Ken Thicket highlighted the main components of the
French Valley Energy Center:
• French Valley Energy Partners, LLC Owned by Ramco Generating Two, Inc.
• Local Power Needs
• Proposed Project
• Proposed Site
• Approval from the Airport Land Use Commission (ALUC)
• Support of Renewables
• Summary Benefits
Council Member Roberts relayed his enthusiasm with the project.
Mayor Naggar thanked Mr. Thicket for his presentation.
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Certificate of Conoratulations to Carl and Dodi Ross for their 50th Wedding Anniversa
Congratulating Mr. and Mrs. Ross on recently celebrating their 50`h Wedding Anniversary,
Mayor Naggar presented the couple with a Certificate of Congratulations and wished them
many years of love, health, and happiness together.
PUBLIC COMMENT
A. Mr. Doc Lain, Temecula, commented on the definition of "Decorum" and remarked on
Mr. Pedersen's and Mr. Dool's objective.
B. Ms. Lorena Spencer, Temecula, commented on Mr. Pedersen's comments at the last
City Council meeting and remarked on the City Attorney's comments with respect to conflicts of
interest regarding Council Members and the Rancon Group.
C. Relaying his opinion, Mr. Stephen Eldred, Temecula, commented on what he viewed as
a misstatement by City Attorney Thorson with respect to acquisition of property at the south end
of Temecula and conflicts of interest with respect to Council Members.
D. Speaking on behalf of some stakeholders in the Old Town area, Mr. Ed Dool, Temecula,
requested that the park-n-ride on Sixth Street be relocated and encouraged the City Council to
continue on its mission in reviving the Old Town area.
For City Manager Nelson, Mayor Naggar requested an update with respect to the park-n-ride on
Sixth Street.
' E. Advising the public that the had never sued the City of Temecula, Mr. Chris Pedersen,
Temecula, offered some clarification to accusations that have been made.
CITY COUNCIL REPORTS
A. Council Member Comerchero advised that Council Member Roberts and he, Cities of
Southwest Riverside County, and representatives of SANDAG attended a meeting with respect
to alternative transit opportunities between the regions along the I-15 corridor and relayed his
enthusiasm with the amendment to the County of San Diego's 2030 plan to widen the I-15
corridor between Escondido and Temecula and efforts with respect to a future bus rapid transit
along the corridor as well as toll roads along the I-15 corridor; and noted that he will provide
more information as plans move forward.
B. By way of overheads, Mayor Naggar highlighted the Regional Medical Taskforce
Committee's proposed action steps, such as the following:
General Plan Actions
Economic Development
Political Support
Mayor Naggar also invited the public to attend the Temecula Valley Arts Council's
Mayor's Ball on Saturday, September 6, 2008, at Temeku Hills, at 6:OOp.m., noting that more
information may be found at www.cityoftemecula.org.
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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 List of Demands
2.1 Adopt a resolution entitled:
RESOLUTION NO. 08-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
3 Financial Statements for the Fiscal Year Ended June 30. 2008
RECOMMENDATION:
' 3.1 Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2008;
3.2 Approve a transfer of SB 621 (TASIN) revenues in the amount of $3,349 from
Police Equipment General Fund to Capital Improvement Project Fund Closed Circuit
TV Installation project;
3.3 Approve a transfer of $123,000 from Public Works Department to City Attorney for
legal services;
3.4 Approve an appropriation of $32,000 for operating transfer out in the Gas Tax Fund;
3.5 Approved an appropriation of $2,100 for operating transfer out in the AB 3229 COP
Fund;
3.6 Approve an increase of $34,100 in the General Fund for operating transfer in.
4 A__ uthorization to execute the Supplemental Aoreement for the use of Community
Development Block Grant Funds for Fiscal Year 2008-2009
RECOMMENDATION:
4.1 Authorize the Mayor to execute the Supplemental Agreement for the use of
Community Development Block Grant Funds for Fiscal Year 2008-2009.
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3
5 Contract for User Fee Studv Cost Allocation Plan and Development Impact Fee (DIF) Study
' RECOMMENDATION:
5.1 Approve the contract with Matrix Consulting Group to conduct a user fee study, cost
allocation plan, and a development impact fee (DIF) study in an amount of
$102,500.
6
RECOMMENDATION:
6.1 That the City Council 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.
7 Approval of Temecula Vallev Convention & Visitors Bureau FY2008-09 Marketino Aoreement
RECOMMENDATION:
7.1 That the City Council approve the Marketing Agreement which provides City
Marketing Funding Support of $120,000 to the Temecula Valley Convention &
Visitors Bureau (CONVIS).
Item No. 8 was pulled for separate discussion: see pages 6 and 7.
8 Award of Construction Contract and Cultural Resources Monitorino
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RECOMMENDATION:
8.1 Award a Construction Contract for Project No. PWO6-07, the Old Town
Infrastructure Project -Parking Structure to PCL Construction Services in the
amount of $15,797,010 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 $1,579,701, which is equal to 10% of the Contract amount;
8.3 Approve the acceleration of $2,906,355 from the Capital Improvement Budget for
FY2009-2010 to the current FY2008-2009 for the Old Town Infrastructure Project -
Parking Structure, Office and Retail, Project No. PW06-07;
8.4 Approve a Cultural Monitoring Agreement with the Pechanga Band of Luiseno
Indians to monitor excavation and grading activities and authorize the City Manager
to execute the Agreement.
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9 Tract Mao No. 35181. located at the northwest corner of Dendv Parkway and Winchester
Road
' RECOMMENDATION:
9.1 Approve Tract Map No. 35181 in conformance with Conditions of Approval;
9.2 Approve the Subdivision Improvement Agreement and accept the Faithful
Performance, Labor and Materials, and Monument Bonds as security for the
Agreement.
10 Substitute Aoreements and Bonds for Public Improvements in Tract No 23064 (Located
northeasterly of the intersection of Deer Hollow Road and Peppercorn Drivel
RECOMMENDATION:
10.1 Accept substitute Subdivision Improvement Agreements and Subdivision Faithful
Performance and Labor & Materials Bonds as security for improvements and labor
and materials for Tract Map No. 23064;
10.2 Accept substitute Subdivision Monument Agreements and Subdivision Monument
Bonds as security for monumentation for Tract Map No. 23064;
10.3 Authorize the release of the existing Faithful Performance, Labor & Materials, and
Monumentation Bonds for Tract Map No. 23064;
' 10.4 Direct the City Clerk to so advise the developer and surety.
11 Substitute Aoreements and Bonds for Public Improvements in Tract
northwesterly of the intersection of Pechanga Road and Peachtref
Homes
RECOMMENDATION:
11.1 Accept substitute Subdivision Improvement Agreements and Subdivision Faithful
Performance and Labor & Materials Bonds as security for improvements and labor
and materials for Tract Map No. 23065-3;
11.2 Accept substitute Subdivision Monument Agreements and Subdivision Monument
Bonds as security for monumentation for Tract Map No. 23065-3;
11.3 Authorize the release of the existing Faithful Performance, Labor & Materials, and
Monumentation Bonds for Tract Map No. 23065-3;
11.4 Direct the City Clerk to so advise the developer and surety.
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12 Agreement for Design and Creation of the Town Square Fountain Art Piece with Pardell
Design
' RECOMMENDATION:
12.1 Approve the Agreement with Pardell Design for the Design and Creation of the
Town Square Fountain Public Art for $83,550 and authorize the Mayor to execute
the Agreement;
12.2 Authorize the City Manager to extra work authorizations not to exceed the
contingency amount of $8,355, which is equal to 10% of the Agreement amount.
13 Santa Maroarita Area Annexation Update - At the Request of Mavor Naggar
RECOMMENDATION:
13.1 Receive and File.
14 Second Readino of Ordinance No. 08-09
RECOMMENDATION:
14.1 Adopt an Ordinance entitled:
ORDINANCE N0.08-09
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING PORTIONS OF TITLE 18 OF THE TEMECULA MUNICIPAL CODE
FOR GRADING, EROSION, AND SEDIMENT CONTROL TO PROVIDE
CONSISTENCY WITH THE ADOPTION OF THE 2007 EDITION OF THE
CALIFORNIA BUILDING CODE INCLUDING APPENDIX `J' AND TO MAKE
OTHER MINOR CLARIFICATIONS AND CORRECTIONS
MOTION: Council Member Roberts moved to approve the Consent Calendar with the exception
of Item No. 8 which was separately discussed (see below). Mayor Pro Tem Edwards seconded
the motion and electronic vote reflected approval with the exception of Council Member
Washington who was absent.
CONSENT CALENDAR ITEM NO. 8 CONSIDERED UNDER SEPARATE DISCUSSION
8
RECOMMENDATION:
8.5 Award a Construction Contract for Project No. PW06-07, the Old Town
Infrastructure Project -Parking Structure to PCL Construction Services in the
amount of $15,797,010 and authorize the Mayor to execute the Contract;
' 8.6 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $1,579,701, which is equal to 10% of the Contract amount;
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8.7 Approve the acceleration of $2,906,355 from the Capital Improvement Budget for
FY2009-2010 to the current FY2008-2009 for the Old Town Infrastructure Project -
' Parking Structure, Office and Retail, Project No. PW06-07;
8.8 Approve a Cultural Monitoring Agreement with the Pechanga Band of Luiseno
Indians to monitor excavation and grading activities and authorize the City Manager
to execute the Agreement.
Director of Public Works Hughes provided a staff report (per agenda packet)
Referencing Mayor Pro Tem Edwards' query with respect to accelerating funds for this project
from the FY2009-2010 budget to the current FY 2008-2009 budget, Director of Public Works
Hughes advised that the Director of Finance recommended that all monies associated with the
project be properly earmarked at the time of construction.
For the City Council, City Manager Nelson advised that the proposed project has been in
progress for the past 3 to 3'/: years; that the project will fall $1.6 million below the Engineer's
estimate; and noted that construction of the parking structure will begin in the Fall 2008.
A. Mr. Ed Dool, Temecula, thanked the City Council for the proposed parking structure and
relayed his delight with the future of Old Town.
B. Mr. Chris Pedersen, Temecula, also thanked the City Council for the installation of the
proposed project and the handling of the Redevelopment Agency's funding mechanism.
MOTION: Council Member Comerchero moved to approve the Item No. 8. Council Member
Roberts seconded the motion and electronic vote reflected approval with the exception of
t Council Member Washington who was absent.
DEPARTMENTAL REPORTS
No reports at this time.
CITY MANAGER REPORT
No report at this time.
CITY ATTORNEY REPORT
With respect to Closed Session, City Attorney Thorson advised that there was no formal action
to report.
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ADJOURNMENT
At 8:17 p.m. the City Council meeting was formally adjourned to Tuesday, September 9, 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:
[SEAL]
Michae S. Naggar, Mayor
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