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ACTION MINUTES
' TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
JUNE 23, 2009 - 7:00 PM
6:00 P.M. - Closed Session of the City Council pursuant to Government Code
Sections:
Public Employee Performance Evaluation for the incumbent position of City
Manager pursuant to Government Code Section 54957. Conference with
designated representatives, Mayor and City Attorney, concerning possible
negotiation of adjustments of salary and benefits for the unrepresented
position of City Manager pursuant to Government Code Section 54957.6,
provided that final action on such matters, if any is proposed, would
only take place as an agenda item in open session of the Council.
Public Information concerning existing litigation between the City and various
parties may be acquired by reviewing the public documents held by the City
Clerk.
At 6:06 P.M., Council Member Naggar moved to call the Closed Session to order. The motion was
seconded by Council Member Comerchero and voice vote of those present reflected - Council
Members Roberts and Washington were absent.
The City Council meeting convened at 7:00 PM.
CALL TO ORDER: Mayor Maryann Edwards
Prelude Music: Joshua Jurkosky
Invocation: Pastor Leon Franklin of The Living Word Church
Flag Salute: Council Member Naggar
ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards
Present: Comerchero, Naggar, Edwards
Absent: Roberts, Washington
Action Minutes City Council 062309 t
PRESENTATIONS/PROCLAMATIONS
Jazz Month Proclamation
TVUSD Elementary School Teacher of the Year - Denise Dugger
TVUSD Middle School Teacher of the Year - Janis Fuhr
TVUSD High School Teacher of the Year - Meline Akashian
Certificate of Appreciation - Supervisor Jeff Stone
PUBLIC COMMENTS
Ms. Vicki Long address the City Council with regard to the Elsinore Murrieta Anza Resource
Conservation District.
CITY COUNCIL REPORTS
CONSENT CALENDAR
1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff
Recommendation (3-0-2) - Council Member Naggar made the motion; it was
seconded by Council Member Comerchero; and electronic vote reflected approval of
' those present - Council Members Roberts and Washington were absent.
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda.
2 Action Minutes - Approved Staff Recommendation (3-0-2) - Council Member Naggar
made the motion; it was seconded by Council Member Comerchero; and electronic
vote reflected approval of those present - Council Members Roberts and
Washington were absent.
RECOMMENDATION:
2.1 Approve the action minutes of June 9, 2009.
3 List of Demands - Approved Staff Recommendation (3-0-2) - Council Member Naggar
made the motion; it was seconded by Council Member Comerchero; and electronic
vote reflected approval of those present - Council Members Roberts and
Washington were absent.
RECOMMENDATION:
3.1 Adopt a resolution entitled:
Action Minutes City Council 062309 2
RESOLUTION NO. 09-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
4 Amend the City of Temecula's Development Impact Fee (DIF) Resolution No. 03-63 to
temporarily suspend the automatic annual adjustment of DIF Fees for the fiscal year 2009-
10 - Approved Staff Recommendation (3-0-2) - Council Member Naggar made the
motion; it was seconded by Council Member Comerchero; and electronic vote
reflected approval of those present - Council Members Roberts and Washington
were absent.
RECOMMENDATION:
4.1 Adopt a resolution entitled:
RESOLUTION NO. 09-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
SUSPENDING THE AUTOMATIC ANNUAL ADJUSTMENT OF DEVELOPMENT
IMPACT FEES FOR THE FISCAL YEAR 2009-10 AND RETAINING THE SAME
DEVELOPMENT IMPACT FEES FOR FISCAL YEAR 2009-10 AS WERE IN
EFFECT FOR FISCAL YEAR 2008-09
' 5 Professional Services Agreement between the City of Temecula and Applied Development
Economics (ADE) for the Quality of Life Master Plan: Temecula 2030 - Approved Staff
Recommendation (3-0-2) - Council Member Naggar made the motion; it was
seconded by Council Member Comerchero; and electronic vote reflected approval of
those present - Council Members Roberts and Washington were absent.
RECOMMENDATION:
5.1 Approve a one-year contract for facilitation services for the Quality of Life Master
Plan: Temecula 2030 with Applied Development Economics (ADE) for a contract
amount of $129,597 and a 10% contingency of $12,960.
6 Riverside Transit Authority (RTA) Agreement for Trolley Services - Approved Staff
Recommendation (3-0-2) - Council Member Naggar made the motion; it was
seconded by Council Member Comerchero; and electronic vote reflected approval of
those present - Council Members Roberts and Washington were absent.
RECOMMENDATION:
6.1 Approve a one-year contract for trolley services with Riverside Transit Authority
(RTA) for a total of $300,000 in FY 09110 Budget as provided by Lennar Homes in
their conditions of approval.
Action Minutes City Council 062309 3
7 Agreement for Consulting Services between the City of Temecula and Roger Cantrell for
' Architectural Plan Review Services - Approved Staff Recommendation (3-0-2) - Council
Member Naggar made the motion; it was seconded by Council Member Comerchero;
and electronic vote reflected approval of those present - Council Members Roberts
and Washington were absent.
RECOMMENDATION:
7.1 Approve an agreement for Consultant Services with Roger Cantrell in the amount
of $40,000 for Architectural Plan Review Services for Fiscal Year 2009-2010.
8 Agreement for Consulting Services between the City of Temecula and Blanca Y. Price for
Landscape Plan Check and Inspection Services -Approved Staff Recommendation (3-0-
2) - Council Member Naggar made the motion; it was seconded by Council Member
Comerchero; and electronic vote reflected approval of those present - Council
Members Roberts and Washington were absent.
RECOMMENDATION:
8.1 Approve an agreement for Consultant Services with Blanca Y. Price in the amount
of $55,000 for Landscape Plan Check and Inspection Services for Fiscal Year 2009-
2010.
9 Authorize Temporary Street Closure of a portion of Main Street for the 'Temecula Valley
' International Jazz Festival" event scheduled for July 11. 2009 and delegate authority to
issue a Special Events/Street Closures Permit to the Director of Public Works - Approved
Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was
seconded by Council Member Comerchero; and electronic vote reflected approval of
those present - Council Members Roberts and Washington were absent.
RECOMMENDATION:
9.1 Adopt a resolution entitled:
RESOLUTION NO. 09-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
AUTHORIZING TEMPORARY STREET CLOSURE OF A PORTION OF MAIN
STREET FOR THE "TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL"
EVENT SCHEDULED FOR JULY 11TH, 2009 AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO ISSUE A SPECIAL EVENTS PERMIT
INCLUDING STREET CLOSURES
Action Minutes City Council 062309 4
10 Award a Construction Contract for the Citywide Concrete Repairs Project FY2008-09 -
' Project No. PW09-03 - Approved Staff Recommendation (3-0-2) - Council Member
Naggar made the motion; it was seconded by Council Member Comerchero; and
electronic vote reflected approval of those present - Council Members Roberts and
Washington were absent.
RECOMMENDATION:
10.1 Award a construction contract for Project No. PW09-03, the Citywide Concrete
Repairs Project FY2008-09, to B & T Works, Inc. in the amount of $113,915.55;
10.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $11,391.56, which is equal to 10% of the contract amount.
11 Fiscal Year 2009-2010 Real Estate Appraisal Services for various Capital Improvement
Projects Annual Contract Amendments - Approved Staff Recommendation (3-0-2) -
Council Member Naggar made the motion; it was seconded by Council Member
Comerchero; and electronic vote reflected approval of those present - Council
Members Roberts and Washington were absent.
RECOMMENDATION:
11.1 Approve the Amendments to the Annual Agreements for Real Estate Appraisal
Services Fiscal Year 2009-2010 with the following consultants, for the amount
' shown:
1. BTI Appraisal $ 50,000
2. Lea Associates, Inc. $ 50,000
3. Mason & Mason Real Estate Appraisers & Consultants $ 50,000
4. Robert Shea Perdue Real Estate Appraisal $ 50,000
5. Riggs & Riggs, Inc. $ 50,000
6. Warren Neville $ 50,000
12 Amendments to the Annual Agreements for Geotechnical and Material Testing Services for
various Capital Improvement Proiects for Fiscal Year 2009-2010 - Approved Staff
Recommendation (3-0-2) - Council Member Naggar made the motion; it was
seconded by Council Member Comerchero; and electronic vote reflected approval of
those present - Council Members Roberts and Washington were absent.
RECOMMENDATION:
12.1 Approve the Amendment to the Annual Agreement with Petra Geotechnical, Inc. in
the amount of $100,000 to provide as needed geotechnical and material testing
services;
12.2 Approve the Amendment to the Annual Agreement with Leighton Consulting, Inc. in
the amount of $100,000 to provide as needed geotechnical and material testing
services.
Action Minutes City Council 062309 5
13 Amendments to the Annual Agreements for Engineering and Construction Survey Services
for various Capital Improvement Proiects for Fiscal Year 2009-2010 - Approved Staff
Recommendation (3-0-2) - Council Member Naggar made the motion; it was
seconded by Council Member Comerchero; and electronic vote reflected approval of
those present - Council Members Roberts and Washington were absent.
RECOMMENDATION:
13.1 Approve the Amendment to the Annual Agreement with Hall & Foreman, Inc. in the
amount of $100,000 to provide as needed Engineering and Construction Survey
services;
13.2 Approve the Amendment to the Annual Agreement with David Evans & Associates,
Inc. in the amount of $100,000 to provide as needed Engineering and Construction
Survey services.
14 Annual Agreement for Landscape Plan Check and Inspection Services for Fiscal Year
2009-2010 - Approved Staff Recommendation (3-0-2) - Council Member Naggar made
the motion; it was seconded by Council Member Comerchero; and electronic vote
reflected approval of those present - Council Members Roberts and Washington
were absent.
RECOMMENDATION:
14.1 Approve an Annual Agreement with David Neault Associates, Inc. in the amount of
$100,000 to provide as needed Landscape Plan Check and Inspection Services for
Fiscal Year 2009-2010.
15 Third Amendment to Professional Services Agreement - T.Y. Lin International. Preparation
of Plans. Specifications and Estimate for the Western Bypass Bridge Over Murrieta Creek
- Project No. PW06-04 - Approved Staff Recommendation (3-0-2) - Council Member
Nagger made the motion; it was seconded by Council Member Comerchero; and
electronic vote reflected approval of those present - Council Members Roberts and
Washington were absent.
RECOMMENDATION:
15.1 Approve a Third Amendment with T.Y. Lin International in an amount not to exceed
$40,583 for additional services to modify the design of the Western Bypass Bridge
over Murrieta Creek, Project No. PW06-04, to accommodate two (2) 12" diameter
waterlines for Rancho California Water District (RCWD).
Action Minutes City Council 062309 6
16 Second Amendment to Contract Agreement for On-Call Traffic Signal Maintenance
' Services for Fiscal Year 2008-2009 - Approved Staff Recommendation (3-0-2) -
Council Member Nagger made the motion; it was seconded by Council Member
Comerchero; and electronic vote reflected approval of those present - Council
Members Roberts and Washington were absent.
RECOMMENDATION:
16.1 Approve a Second Amendment to the Contract Agreement with Republic ITS to
perform On-Call Traffic Signal Maintenance Services for an amount not to exceed
$24,500.
17 First Amendment to Fire/EMS Protection Agreement for Fiscal Year 2009-10 - Approved
Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was
seconded by Council Member Comerchero; and electronic vote reflected approval of
those present - Council Members Roberts and Washington were absent.
RECOMMENDATION:
17.1 Approve the First Amendment to the Cooperative Agreement with the County of
Riverside to provide fire protection, fire prevention and medical aid. This Exhibit
covers services requested for Fiscal Year 2009-10.
18 First Amendment to Agreement for Weed Abatement with Inland Empire Property Services,
Inc. - Approved Staff Recommendation (3-0-2) - Council Member Naggar made the
motion; it was seconded by Council Member Comerchero; and electronic vote
reflected approval of those present - Council Members Roberts and Washington
were absent.
RECOMMENDATION:
18.1 Approve a first amendment to the agreement with Inland Empire Property Services,
Inc. to provide weed abatement for Fiscal Year 2008/2009 in the amount of $15,000
for a total agreement amount of $65,000.
19 Application for Reconsideration of the Resolution(s) of the Riverside County Local Agency
Formation Commission (LAFCO) related to the Santa Margarita Sphere of Influence
Expansion and Annexation Applications - Approved Staff Recommendation (3-0-2) -
Council Member Naggar made the motion; it was seconded by Council Member
Comerchero; and electronic vote reflected approval of those present - Council
Members Roberts and Washington were absent.
RECOMMENDATION:
19.1 Authorize the Santa Margarita Annexation Ad-Hoc Subcommittee ("Subcommittee")
to move forward, as may be determined by the Subcommittee, and file on behalf of
the City an Application for Reconsideration of a Resolution of the Local Agency
Formation Commission of Riverside County ("Application for Reconsideration")
' pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of
2000 related to the following LAFCO Applications:
Action Minutes City Council 062309 7
1. LAFCO 2008 -20 -1 Municipal Service Review and Sphere of Influence
Amendment (addition) to the City of Temecula (Santa Margarita) and the
Temecula Community Services District (subsidiary);
2. LAFCO 2008 -21 -1 Reorganization to Include Annexation to the City of Temecula
(Santa Margarita) and the Temecula Community Services District (subsidiary)
and Concurrent Detachments from County Service Area 152 and the Riverside
County Waste Resources Management District.
This Consent Calendar item was pulled for separate discussion and the following individuals
addressed the City Council with regard to this item.
Mr. Wayne Hall
Dr. Matt Rahn — San Diego State University
Mr. Fred Bartz
Ms. Vicki Long
At 7:37 P.M., the City Council convened as the Temecula Community Services District and the
Redevelopment Agency. At 7:44 P.M., the City Council resumed with regular business.
PUBLIC HEARING
33 Long Range Planning Project No. LR09 -0007 Small Wind Energy Conversion System
Ordinance - an Ordinance to establish development standards for allowing small wind
energy conversion systems within all zoning districts, with the exception of the-Open
Space - Conservation zoning district - at the request of Mayor Edwards — Continued the
item off calendar and formed an ad hoc subcommittee, comprised of Mayor Edwards
and Council Member Naggar (3 -0 -2) — Council Member Comerchero made the
motion; it was seconded by Council Member Naggar; and electronic vote reflected
approval of those present — Council Members Roberts and Washington were absent.
RECOMMENDATION:
33.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 09-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ESTABLISH
CITYWIDE STANDARDS FOR SMALL WIND ENERGY CONVERSION SYSTEMS
IN VARIOUS ZONING DISTRICTS WITHIN THE CITY OF TEMECULA
City Planner Richardson presented the staff report as per agenda material.
Action Minutes City Council 062309 8
34 Planning Application Number LR08 -0019 - a proposed Heritage Tree Ordinance, adding
new Chapter 8.48 to Title 8 of the Temecula Municipal Code — Opened the public hearing
and continued the item to the July 14, 2009, City Council meeting (3 -0 -2) — Council
Member Comerchero made the motion; it was seconded by Council Member Naggar;
and electronic vote reflected approval of those present — Council Members Roberts
and Washington were absent.
RECOMMENDATION:
34.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 09-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, ADDING NEW CHAPTER 8.48 (TEMECULA HERITAGE TREE
ORDINANCE) TO TITLE 8 (HEALTH AND SAFETY) OF THE MUNICIPAL CODE
OF THE CITY OF TEMECULA
As per written material, City Planner Richardson provided the staff report.
CITY COUNCIL BUSINESS
35 Planning Commission Appointments — Reappointed Commissioner Ron Guerriero and
appointed Pat Kight (3 -0 -2) — Council Member Naggar made the motion; it was
seconded by Council Member Comerchero; and electronic vote reflected approval of
those present — Council Members Roberts and Washington were absent.
RECOMMENDATION:
35.1 Appoint two applicants to serve full three -year terms on the Planning Commission
through June 15, 2012.
36 Old Town Local Review Board Appointments — Reappointed Committee Members Albert
Blair and Jack Eden and appointed Craig Puma (3 -0 -2) — Council Member Naggar
made the motion; it was seconded by Council Member Comerchero; and electronic
vote reflected approval of those present — Council Members Roberts and
Washington were absent.
RECOMMENDATION:
36.1 Appoint three applicants to serve full three -year terms on the Old Town Local
Review Board through June 15, 2012.
Action Minutes City Council 062309 9
DEPARTMENTAL REPORTS
' CITY MANAGER REPORT
CITY ATTORNEY REPORT
City Attorney Thorson advised that there was no action to report under the Brown Act with
regard to Closed Session.
ADJOURNMENT
At 8:27 P.M., the City Council meeting was formally adjourned to Tuesday, July 14, 2009, at
5:30 P.M. for a Closed Session with regular session commencing at 7:00 P.M., in the City
Council Chambers, 43200 Business Park Drive, Temecula, California.
a.~
M ann Edwards, Mayor
ATTEST:
=Susan W. es, MMC
'City Clerk
[SEAL]
Action Minutes City Council 062309 10