HomeMy WebLinkAbout021009 CC Action MinutesACTION MINUTES
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
FEBRUARY 10, 2009 - 7:00 PM
5:30 P.M. - Closed Session of the City Council pursuant to Government Code
Section:
1) Conference with City Attorney pursuant to Government Code Sections
54956.9(a) and (c). The Council will meet pursuant to Government Code
Section 54956.9(b) with respect to one matter of potential litigation in which
the City Attorney has determined that a point has been reached where there
is a significant exposure to litigation involving the City based on existing
facts and circumstances and pursuant to Government Code Section
54956.9(c) with respect to the same matter in which the City Council will
decide whether to initiate litigation.
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 5:35 P.M., Council Member Naggar moved to call the Closed Session to order. The motion was
seconded by Council Member Comerchero and voice vote reflected approval.
The City Council meeting convened at 7:00 PM.
CALL TO ORDER: Mayor Maryann Edwards
Prelude Music: Earlene Bundy
Invocation: Reverend Jonathan Maxey of Grace Chapel of Temecula Valley
Flag Salute: Eagle Scouts - Troop No. 337
ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards
PRESENTATIONS/PROCLAMATIONS
PUBLIC COMMENTS
The following individuals addressed the City Council:
Jane Laskin - Musicians Workshop
Craig Puma - Old Town Temecula Association
Corinna Coram - Old Town Temecula Association
CITY COUNCIL REPORTS
' CONSENT CALENDAR
Standard Ordinance and Resolution Adoption Procedure - Approved Staff
Recommendation (5-0-0) - Council Member Naggar made the motion; it was
seconded by Council Member Washington; and electronic vote reflected unanimous
approval.
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 (5-0-0) - Council Member Naggar
made the motion; it was seconded by Council Member Washington; and electronic
vote reflected unanimous approval.
RECOMMENDATION:
2.1 Approve the action minutes of January 27, 2009.
3 List of Demands - Approved Staff Recommendation (5-0-0) - Council Member Naggar
' made the motion; it was seconded by Council Member Washington; and electronic
vote reflected unanimous approval.
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 09-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
4 City Treasurer's Report as of December 31. 2008 - Approved Staff Recommendation (5-
0-0) - Council Member Naggar made the motion; it was seconded by Council
Member Washington; and electronic vote reflected unanimous approval.
RECOMMENDATION:
4.1 Approve and file the City Treasurer's Report as of December 31, 2008.
5 Community Development Block Grant (CDBG) Application Proposals for Fiscal Year 2009-
10 - Approved Staff Recommendation (5-0-0) - Council Member Nagger made the
motion; it was seconded by Council Member Washington; and electronic vote
reflected unanimous approval.
RECOMMENDATION:
5.1 Approve the Community Development Block Grant (CDBG) Finance Committee
funding recommendations for fiscal year 2009-10;
5.2 Authorize the Director of Finance to execute Sub-Recipient Agreements for 2009-10
funding recipients and reprogram CDBG funds in accordance with the budget
resolution for general administration of the fiscal year 2009-10 Community
Development Block Grant Funds;
5.3 Authorize the Mayor to execute the Amendment to Supplemental Agreement for the
Use of Community Block Grant Funds, dated November 15, 2006.
Center (at the Request of Council Member Roberts) - Approved Staff Recommendatil
and amended the resolution (5-M) - Council Member Naggar made the motion; it
was seconded by Council Member Comerchero; and electronic vote reflected
unanimous approval.
' RECOMMENDATION:
6.1 Adopt a resolution entitled:
RESOLUTION NO. 09-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA IN
SUPPORT OF PLANS FOR THE CONSTRUCTION OF A NEW RIVERSIDE
COUNTY REGIONAL DETENTION CENTER
Acceptance of certain Public Streets into the City-Maintained System within Tract Map No.
IIII6I56UIIU11 UI IVItlrUdmd RUdU d11U Lld IU JLI66I WIUIIrI 1116 ndrV68LUI1 JUUUIVISIUII) -
Approved Staff Recommendation (5-0-0) - Council Member Naggar made the motion;
it was seconded by Council Member Washington; and electronic vote reflected
unanimous approval.
RECOMMENDATION:
7.1 Adopt a resolution entitled:
RESOLUTION NO. 09-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED
SYSTEM - PORTIONS OF YNEZ ROAD, DATE STREET, AND EQUITY DRIVE
(WITHIN TRACT NO. 29639-2)
Cost-sharing Reimbursement for regional costs associated with the City's Municipal
Stormwater Permit - FY 2008-2009 - Approved Staff Recommendation (6-") -
Council Member Naggar made the motion; it was seconded by Council Member
Washington; and electronic vote reflected unanimous approval.
RECOMMENDATION:
8.1 Approve payment to the Riverside County Flood Control District in the sum of
$163,768.34 as the City's portion of the cost-sharing reimbursement pursuant to the
Implementation Agreement between the Santa Margarita Watershed Permittees
approved by the City Council in January 2005.
Wolf Creek Development. LLC- Approved Staff Recommendation (5-0-0) - Council
Member Nagger made the motion; it was seconded by Council Member Washington;
and electronic vote reflected unanimous approval.
1 RECOMMENDATION:
9.1 Adopt a resolution entitled:
RESOLUTION NO. 09-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AUTHORIZING THE QUITCLAIM OF A PORTION OF ASSESSOR'S PARCEL
NUMBER 962-580-090 TO WOLF CREEK DEVELOPMENT, LLC AND
RESERVING AN EASEMENT FOR PUBLIC PURPOSES OVER SAID PROPERTY
10 Award a Construction Contract for Pavement Rehabilitation - De Portola Road - Project No.
PW06-10 - Approved Staff Recommendation (5-0-0) - Council Member Naggar made
the motion; it was seconded by Council Member Washington; and electronic vote
reflected unanimous approval.
RECOMMENDATION:
10.1 Award a construction contract for Project No. PW06-10, Pavement Rehabilitation -
De Portola Road, to Hardy & Harper, Inc. in the amount of $1,161,000 and authorize
the Mayor to execute the contract;
10.2 Authorize the City Manager to approve change orders up to 30% of the contract
amount, or $348,300;
10.3 Make a finding that the De Portola Road Pavement Rehabilitation Project is exempt
' from Multiple Species Habitat Conservation Plan (MSHCP) fees.
11 Establishment and Appointment of Ad-Hoc Subcommittee-Summerhouse Senior Housing
Development (at the request of Council Member Washington) - Approved Staff
Recommendation (5-0-0) - Council Member Naggar made the motion; it was
seconded by Council Member Washington; and electronic vote reflected unanimous
approval.
RECOMMENDATION:
11.1 Establish an ad-hoc subcommittee to assess the opportunities related to the
Summerhouse Senior Housing Development;
11.2 Appoint Council Members Roberts and Washington to serve on this ad-hoc
subcommittee.
12 Second Reading of Ordinance No. 09-01 -Approved Staff Recommendation (5-0-0)-
Council Member Naggar made the motion; it was seconded by Council Member
Washington; and electronic vote reflected unanimous approval.
RECOMMENDATION:
12.1 Adopt an ordinance entitled:
' ORDINANCE NO. 09-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING TEMECULA MUNICIPAL CODE SECTIONS 17.22.160 THROUGH
17.22.178, INCLUSIVE, REVISING THE RANCHO PUEBLO PLANNED
DEVELOPMENT OVERLAY ZONE (PDO-6) TO REVISE THE USES ALLOWED
FOR PLANNING AREA C AND ESTABLISH DEVELOPMENT STANDARDS FOR
PLANNING AREA C (PLANNING APPLICATION NO. PA07-0309)
At 7:50 p.m., the City Council convened as the Temecula Community Services District and the
Redevelopment Agency. At 7:53 p.m. the City Council resumed with regular business.
PUBLIC HEARING
16 Approval for levvina an assessment for fiscal vear 2009-2010 in connection with the
Temecula Valley Tourism Business Improvement District (TVTBID) - Approved Staff
Recommendation (5-0-0) - Council Member Washington made the motion; it was
seconded by Council Member Roberts; and electronic vote reflected unanimous
approval.
RECOMMENDATION:
16.1 Conduct a public hearing to consider protests regarding the levy of an assessment
' in conjunction with the Temecula Valley Tourism Business Improvement District;
16.2 Instruct the City Clerk to tabulate any written protests which might be received prior
' to the close of the public hearing regarding the formation of the proposed District;
16.3 If the City Clerk reports that there is not a majority protest received regarding this
District, then adopt a resolution entitled:
RESOLUTION NO. 09-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
LEVYING AN ASSESSMENT FOR FISCAL YEAR 2009-10 IN CONNECTION
WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT
DISTRICT (TVTBID)
Assistant City Manager Adams advised that because his wife is the Executive Director of the
Convention and Visitor's Bureau, he would not participate in this matter and would be leaving
the Chamber. Although he has not worked on this matter for the City, he viewed it as
appropriate for him to remove himself from the dais during the discussion of this item.
Dennis Ferguson and Kimberly Adams, representing the Temecula Valley Convention and
Visitor's Bureau, addressed the City Council.
CITY COUNCIL BUSINESS
17 Sex Offender Ordinance (At the Request of Mayor Maryann Edwards) - Approved Staff
' Recommendation (5-0-0) - Council Member Comerchero made the motion; it was
seconded by Council Member Roberts; and electronic vote reflected unanimous
approval.
RECOMMENDATION:
17.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 09-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, ADDING CHAPTER 9.60 ("SEX OFFENDERS") TO TITLE 9
("PUBLIC PEACE, MORALS AND WELFARE") OF THE TEMECULA
MUNICIPAL CODE TO ESTABLISH LOCAL RESTRICTIONS FOR SEX
OFFENDERS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
With regard to the one item on Closed Session, City Attorney Thorson advised that there was
no action to report under the Brown Act.
ADJOURNMENT
' At 8:10 p.m. the City Council meeting was formally adjourned to Tuesday, February 24, 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:
[SEAL]
ryann Edwards, Mayor