HomeMy WebLinkAbout121608 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
DECEMBER 16, 2008
' There being no Closed Session, the City Council convened its regular meeting at 7:00 p.m. on
Tuesday, December 16, 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 the Musician's Workshop
INVOCATION
The invocation was provided by Pastor John Ruhlman of Life Church
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Council Member Comerchero
' PRESENTATIONS/PROCLAMATIONS
Stew Morris Day Proclamation
Having served the Temecula Valley Unified School District as elected Trustee of the Board for
the past nine years and serving twice as President, Mr. Morris has been involved in many
organizations that serve Temecula's youth and community and, therefore, Mayor Naggar
proclaimed December 18, 2008 to be Stew Morris Day.
Happily accepting the proclamation, Mr. Morris thanked the City Council for the proclamation.
Barbara Tooker Day Proclamation
In honor of her 17 years of dedication and her time and talents serving the Temecula Valley
Unified School District, Mayor Naggar honored Ms. Tooker with a proclamation and proclaimed
December 17, 2008 to be Barbara Tooker Day.
PUBLIC COMMENT
A. Rabbi Hurwitz, representing Chabad of Temecula, invited the public to attend the Minora
Lighting to be held at the Temecula Duck Pond on Sunday, December 2151 at 4:30 p.m.
B. Mr. and Mrs. Jimmy Moore, Temecula, sang Happy 19th Birthday to the City of
Temecula.
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C. Ms. Emily Pulley, representing the Temecula Chamber of Commerce, encouraged the
citizens of Temecula to shop Temecula first, noting that shopping Temecula first will financially
' benefit the entire community and its businesses.
D. Mr. Paul Bahou, Temecula, expressed his concern with the Ordinance pertaining to
trailer parking in front of homes and requested that the City Council consider allowing a 24-hour
limit to park trailers in front of homes for a short period of time.
E. Ms. Judy Zolfiscar, Murrieta, announced that the Valley will begin its first Valley's
Biggest Loser in the near future.
CITY COUNCIL REPORTS
A. Council Member Roberts wished the citizens of Temecula a Merry Christmas and
encouraged residents to shop in Old Town.
B. Council Member Washington also thanked colleagues for a great year and wished
Temecula residents Happy Holidays.
C. Wishing the community Happy Holidays, Council Member Comerchero commented on
the holiday events in Old Town.
D. Mayor Pro Tern Edwards also wished the citizens of Temecula a Merry Christmas and
commented on the many events in Temecula that are free to the community.
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
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. 08-114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
3 City Treasurer's Report as of October 31, 2008
RECOMMENDATION:
3.1 Approve and file the City Treasurer's Report as of October 31, 2008.
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4 Financial Statements for the Three Months Ended September 30, 2008
RECOMMENDATION:
4.1 Receive and file the Financial Statements for the Three Months Ended September
30, 2008.
4.2 Approve a transfer of $591,000 in Development Impact Fees from Murrieta Creek
Bridge and Overland Drive Extension to Diaz to Main Street Bridge project.
4.3 Approve a transfer of $63,500 of Capital Reserve fund from Localized Drain Storm
to the Western Bypass project.
Item No. 5 was pulled for separate discussion; see page 9.
5 2008-09 Communitv Service Funding Program
RECOMMENDATION:
5.1 Review and Approve the FY 2008-09 Community Service Funding Program grants
pursuant to the attached spreadsheet outlining the Ad Hoc Subcommittee's
recommendations of $32,200 to 19 organizations.
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6.1 Set a hearing date for the appeal of penalties and interest imposed upon the
Holiday Inn Express under the Transient Occupancy Tax provisions of the
Temecula Municipal Code. Said hearing date shall be set for January 13, 2009, at
7:00 p.m., in the Council Chambers at Temecula City Hall.
6.2 Direct the City Clerk to provide legal notice to the appellant, Holiday Inn Express, of
the hearing date for the appeal to be heard.
7 Proposed Policy Change Changing all City Minutes to Action Minute Format
7.1 Approve a policy change to the format of all City Minutes to the Action Minute
format.
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8 Dedication of Diaz Road as a Public Street and Accepting it into the City-Maintained Street
System, Project No. PW95-27
RECOMMENDATION:
8.1 Adopt a resolution entitled:
RESOLUTION NO. 08-115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
DEDICATING THAT PORTION OF DIAZ ROAD BETWEEN RANCHO WAY AND
RANCHO CALIFORNIA ROAD IN THE CITY OF TEMECULA AS A PUBLIC
STREET AND ACCEPTING IT INTO THE CITY-MAINTAINED STREET SYSTEM
9 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for
the Pavement Rehabilitation - STPL Project No. PW06-14
RECOMMENDATION:
9.1 Approve the plans and specifications and authorize the Department of Public Works
to solicit construction bids for the Pavement Rehabilitation - STPL Project No.
PW06-14
10 Proposition 1 B (Transportation Bond) 2008-09 Allocations and Funding Proposals
RECOMMENDATION:
10.1 Approve the attached Proposition 1B Local Streets and Roads Funding Proposals
for Fiscal Year 2008-09 and authorize staff to apply to the State Department of
Finance for release of $1,455,935 in Proposition 1 B funds for these projects;
10.2 Increase the estimated revenue for Proposition 1B funding in the amount of
$1,455,935;
10.3 Appropriate the estimated Proposition
supplement the FY 2008-09 Citywide
Budget Accounts.
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RECOMMENDATION:
1B revenue in the amount of $1,455,935 to
Street Maintenance and Drainage Operating
11.1 Approve the Professional Services Agreement with RBF consulting in an amount
not to exceed $2,032,600 for the preparation of construction Plans, Specifications,
and Estimate of the Interstate-15 / State Route 79 South Ultimate Interchange,
Project No. PW04-08;
11.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the
contingency amount of $203,260, which is equal to 10% of the agreement amount
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RECOMMENDATION:
12.1 Approve the Agreement for Professional Engineering Services with J M Diaz, Inc.
(dba JMD) for modifying construction plans for the Temecula Parkway Striping
Modifications from Interstate-15 to Pechanga Parkway, Project No. PW07-08, in the
amount of $29,210;
12.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the
contingency amount of $2,921, which is equal to 10% of the agreement amount
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PW07-10
RECOMMENDATION:
13.1 Approve the Plans and Specifications for the Project;
13.2 Authorize the Department of Public Works to solicit construction bids for Traffic
Signal Installations on Butterfield Stage Road at Welton Way/Channel Street &
Meadows Parkway at McCabe Drive/Sunny Meadows Drive, Project Nos. PW07-09
& PW07-10.
14 Southern California Gas Company Easement within Margarita Park
RECOMMENDATION:
14.1 Grant an Easement to Southern California Gas Company for construction,
operation, and maintenance of facilities within Margarita Park.
15 Purchase of Backup Generator for the Temecula Public Library
RECOMMENDATION:
15.1 Award a contract with DataSpan for the purchase and installation of a backup power
generator for the Temecula Public Library for the total amount of $103,001, and
authorize the Mayor to execute the contract;
15.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $10,300, which is 10% of the contract amount;
15.3 Appropriate $113,301 from General Fund Capital Reserves to fund the purchase.
16 Three-Year Agreement with Animal Friends of the Valleys for Animal Control Services
RECOMMENDATION:
16.1 Approve a three-year contract for Animal Control Services with Animal Friends of
the Valleys not to exceed $156,000 per year;
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16.2 Authorize the City Manager to approve additional service not to exceed $10,000 in
contingency.
' Item No. 17 was pulled for separate discussion; see page 7.
17 Edison Triton Substation - Letter of Concern - at the request of Council Members Roberts
and Washington
RECOMMENDATION:
17.1 Receive and File a Letter of Concern regarding the proposed Edison Triton
substation.
18 6th Street Promissory Note
RECOMMENDATION:
18.1 Adopt a resolution entitled:
RESOLUTION NO. 08-116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THE EXTENSION OF THE 6TH STREET PROPERTY
PROMISSORY NOTE
Item No. 19 was pulled for separate discussion; see page 8.
' 19 Second Reading of Ordinance No. 08-14
RECOMMENDATION:
19.1 Adopt an ordinance entitled:
ORDINANCE NO. 08-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA FOR
THE SANTA MARGARITA AREA ANNEXATION PRE-ZONING
APPROXIMATELY 4,997 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF
THE PRE-EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF
INTERSTATE 15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE
COUNTY BOUNDARY (PA07-0225) WITH ZONING DESIGNATIONS HILLSIDE
RESIDENTIAL-SANTA MARGARITA (HR-SM) AND CONSERVATION DISTRICT-
SANTA MARGARITA (OS-CSM)
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Item No. 20 was pulled for separate discussion; see page 8.
20 Second Reading of Ordinance No. 08-15
' RECOMMENDATION:
20.1 Adopt an ordinance entitled:
ORDINANCE NO. 08-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE AND AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA BY ADOPTING
ZONING DESIGNATIONS HILLSIDE RESIDENTIAL-SANTA MARGARITA (HR-
SM) AND OPEN SPACE CONSERVATION DISTRICT-SANTA MARGARITA (OS
C SM) AND ADOPTING HILLSIDE DEVELOPMENT STANDARDS FOR A PRE-
ZONING OF THE SANTA MARGARITA AREA ANNEXATION OF
APPROXIMATELY 4,997 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF
THE PRE-EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF
INTERSTATE 15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE
COUNTY BOUNDARY (PA07-0225)
MOTION: Mayor Pro Tern Edwards moved to approve Item Nos. 1-4, 6-16, and 18 (Item Nos.
5, 17, 19, and 20 were pulled for separate discussion; see below). Council Member
Comerchero seconded the motion and electronic vote reflected unanimous approval.
' CONSENT CALENDAR ITEMS CONSIDERED UNDER SEPARATE DISCUSSION
Due to a conflict of interest, City Manager Nelson stepped down from the dais.
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RECOMMENDATION:
17.1 Receive and File a Letter of Concern regarding the proposed Edison Triton
substation.
Director of Planning Ubnoske provided a brief staff report (of record).
In response to Council Member Washington's question, Director of Planning Ubnoske advised
that the City of Temecula does not have jurisdiction over the decision of proposed area of the
Triton substation.
A. Mr. Michael McKernon, Temecula, relayed his concern with the proposed site of the
Triton substation and would be in favor of providing a forum at which additional public input may
be expressed by the adjacent residents.
B. Mr. Viet Tran, representing Southern California Edison, relayed the need of the
substation; noted that he would be available for any questions; and advised that he would be
' available to speak and meet with residents at their homes any time.
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Understanding the need for a substation, the City Council expressed a desire to be actively
involved in the hearing process and encouraged Southern California Edison to seek a more
appropriate site for its location.
' It was the consensus of the City Council to receive and file this report.
19 Second Reading of Ordinance No. 08-14
RECOMMENDATION:
19.2 Adopt an ordinance entitled:
ORDINANCE NO. 08-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA FOR
THE SANTA MARGARITA AREA ANNEXATION PRE-ZONING
APPROXIMATELY 4,997 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF
THE PRE-EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF
INTERSTATE 15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE
COUNTY BOUNDARY (PA07-0225) WITH ZONING DESIGNATIONS HILLSIDE
RESIDENTIAL-SANTA MARGARITA (HR-SM) AND CONSERVATION DISTRICT-
SANTA MARGARITA (OS-C-SM)
20 Second Reading of Ordinance No. 08-15
RECOMMENDATION:
20.2 Adopt an ordinance entitled:
ORDINANCE NO. 08-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE AND AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA BY ADOPTING
ZONING DESIGNATIONS HILLSIDE RESIDENTIAL-SANTA MARGARITA (HR-
SM) AND OPEN SPACE CONSERVATION DISTRICT-SANTA MARGARITA (OS
C SM) AND ADOPTING HILLSIDE DEVELOPMENT STANDARDS FOR A PRE-
ZONING OF THE SANTA MARGARITA AREA ANNEXATION OF
APPROXIMATELY 4,997 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF
THE PRE-EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF
INTERSTATE 15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE
COUNTY BOUNDARY (PA07-0225)
Principal Planner Brown provided a brief staff report with respect to Item Nos. 19 and 20 (per
staff report).
A. Relaying excitement with the proposal of Item Nos. 19 and 20, Mr. and Mrs. Bartz,
Temecula, thanked the City Council for moving forward with the annexation process.
MOTION: Council Member Comerchero moved to approve Item Nos. 19 and 20. Council
Member Roberts seconded the motion and electronic vote reflected unanimous approval.
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Due to a conflict of interest, Mayor Naggar recused himself from the dais.
5 2008-09 Community Service Funding,
' RECOMMENDATION:
5.2 Review and Approve the FY 2008-09 Community Service Funding Program grants
pursuant to the attached spreadsheet outlining the Ad Hoc Subcommittee's
recommendations of $32,200 to 19 organizations.
Mayor Pro Tem Edwards provided a brief staff report and requested that funding for Item No. 26
(Music Heritage) be removed from the list.
Referencing Item No. 44 (Temecula United Methodist Church), Council Member Washington
queried on the possibility of contributing more funding to the program.
Council Member Comerchero requested that $1,000 be added to the funding of Temecula
United Methodist Church.
MOTION: Council Member Comerchero moved to approve staff recommendation subject to the
deletion of funding for Item No. 26 and adding $1,000 to Temecula United Methodist Church
funding program. Council Member Washington seconded the motion and electronic vote
reflected approval with the exception of Mayor Naggar who abstained.
At this time, Mayor Naggar returned to the dais.
' At 8:06 p.m., the City Council convened as the Temecula Community Services District and the
Redevelopment Agency. At 8:08 p.m. the City Council resumed with regular business.
CITY COUNCIL BUSINESS
21 Appointment of Mayor and Mayor Pro-Tem for Calendar Year 2009
RECOMMENDATION:
31.1 Entertain motions from the City Council Members to appoint the Mayor to preside,
effective January 1, 2009, to the end of Calendar Year 2009;
31.2 Entertain motions from the City Council Members to appoint the Mayor Pro-Tem,
effective January 1, 2009, who will assume the duties of the Mayor in the Mayor's
absence, and hold this office until the end of the Calendar Year 2009.
MOTION: Mayor Naggar moved to appoint Council Member Edwards to preside as Mayor
through Calendar Year 2009. Council Member Comerchero seconded the motion and
electronic vote reflected unanimous approval.
MOTION: Council Member Washington appointed Council Member Comerchero to preside as
Mayor Pro Tern for Calendar Year 2009. Council Member Roberts seconded the motion and
electronic vote reflected unanimous approval.
' CITY MANAGER REPORT
City Manager Nelson wished everyone a Merry Christmas and a Happy New Year.
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CITY ATTORNEY REPORT
No report at this time.
ADJOURNMENT
At 8:30 p.m. the City Council meeting was formally adjourned to Tuesday, January 13, 2009, 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:
G Michael S. Na ar, Mayor
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