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Home My WebLink About022409 CC Action Minutes17, ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE FEBRUARY 24, 2009 - 7:00 PM 6:15 P.M. - Closed Session of the City Council/Redevelopment Agency pursuant to Government Code Section: 1) Conference with real property negotiator pursuant to Government Code Section 54956.8 regarding real property negotiations for property generally located along Murrieta Creek between First Street and Sixth Street (APN 922- 036-031, 922-036-042, 922-053-020, 922-053-021, 922-073-027, and 922-046- 25). The negotiating parties are the City of Temecula/Redevelopment Agency and Riverside County Flood Control and Water Conservation District. Under negotiation are the price and terms of payment of real property interests. The City/Agency negotiators are Shawn Nelson, Bob Johnson, and John Meyer. 2) 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 6:15 P.M., Council Member Comerchero moved to call the Closed Session to order. The motion was seconded by Council Member Washington and voice vote reflected approval. The City Council meeting convened at 7:01 PM. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Earlene Bundy Invocation: Pastor Gary Nelson of Calvary Chapel of Temecula Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards ' PRESENTATIONS/PROCLAMATIONS 2008-2009 National All-American Miss Teen - Kristin Gilbart Ms. Gilbart addressed the City Council. PUBLIC COMMENTS Superintendent Carol Leighty, Temecula Valley Unified School District, addressed the City Council. CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (5-0-0) - Council Member Comerchero 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 Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of February 10, 2009. List of Demands - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with the exception of Council Member Naggar and Council Member Washington who abstained with regard to Check No. 129572. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 09-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ' ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approval of 2008-09 Mid-Year Budget Adjustments - Approved Staff Recommendation ' (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 09-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE FISCAL YEAR 2008-2009 ANNUAL OPERATING BUDGET Stewart Morris, Temecula, addressed the City Council. Property Insurance Renewal - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Approve the City of Temecula Property Insurance Policy renewal with Travelers Insurance Company and Empire Indemnity Insurance Company for the period of ' February 26, 2009 through February 26, 2010, in the amount of $233,602. 6 Approve the Sponsorship Request for the 2009 Temecula Spring Rod Run:,- Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Approve the 2009 Temecula Spring Rod Run Sponsorship Agreement with P & R Foundation and authorize the Mayor to execute the Agreement. Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Adopt resolution entitled: RESOLUTION NO. 09-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN OFFER OF DEDICATION RECORDED AS INSTRUMENT NO. 167635 ON JUNE 12, 1987, IN THE OFFICIAL RECORDS OF RIVERSIDE COUNTY 7.2 Adopt resolution entitled: RESOLUTION NO. 09-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A QUIT CLAIM DEED TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT CONVEYING AN EASEMENT FOR MURRIETA CREEK Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: I8.1 Adopt a resolution entitled: RESOLUTION NO. 09-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR THE 2009 TEMECULA SPRING ROD RUN EVENT, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT Acceptance of Improvements and Notice of Completion for Old Town Infrastructure Proiect - Underground Utility District Rule 20B. Project No. PW06-07 013) - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Accept the Old Town Infrastructure Project - Underground Utility District Rule 20B, Project No. PW06-07 (1 B), as complete; 9.2 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; I9.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 10 Authorize Temoorarv Street Closures for the first annual HELP Ride Motorcvcle event in ' Old Town (Old Town Front Street, between Second and Third Streets, and other associated streets) - Approved Staff Recommendation (5-0-0) - Council Member Nagger made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 09-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR THE 1ST ANNUAL HELP RIDE EVENT, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT The following individuals spoke with regard to this item: Craig Puma, Temecula Gregg Hassler Rich Quaid 11 Geotechnical, Material Testing, and Special Inspection Professional Service Agreement for ' the Rancho California Road Rehabilitation Project, PW06-14 - pulled off calendar RECOMMENDATION: 11.1 Approve an Agreement with LOR Geotechnical Group, Inc., to provide professional geotechnical, material testing, and special inspection services associated with the Rancho California Road Rehabilitation Project PW06-14, Federal Project No. STPL 5459 (019) in the amount of $71,170; 11.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $7,117, which is equal to 10% of the Agreement. 12 Second Reading of Ordinance No. 09-02 - Approved Staff Recommendation (5-0-0) - Council Member Comerchero 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. 09-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ' ADDING CHAPTER 9.60 ("SEX OFFENDERS") TO TITLE 9 ("PUBLIC PEACE, MORALS, AND WELFARE") OF THE TEMECULA MUNICIPAL CODE TO ESTABLISH LOCATION RESTRICTIONS FOR SEX OFFENDERS At 7:43 p.m., the City Council convened as the Temecula Community Services District and the ' Redevelopment Agency. At 7:49 p.m. the City Council resumed with regular business. PUBLIC HEARING 20 Consider Adoption of a Resolution Confirming the Amended Assessments and Directing Actions with Respect Thereto - 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: 20.1 Adopt a resolution entitled: RESOLUTION NO. 09-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONFIRMING THE AMENDED ASSESSMENTS AND DIRECTING ACTIONS WITH RESPECT THERETO - ASSESSMENT DISTRICT NO. 03-04 (JOHN WARNER ROAD) Senior Debt Analyst Bilby presented the staff report (as per agenda material), advising that all costs related to the apportionment process will be recovered through the levies of these two parcels. There being no public input, the public hearing was closed. CITY COUNCIL BUSINESS 21 Amendment to CalPERS Contract Providing for Two Years Additional Service Credit RECOMMENDATION: 21.1 Adopt a resolution entitled: - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected unanimous approval. RESOLUTION NO. 09-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND THE BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 21.2 Introduce and read by title only an ordinance entitled: -Approved Staff Recommendation (5-0-0) - Council Member Roberts made the motion; it was ' seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. ' ORDINANCE NO. 09-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND THE BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM City Attorney Thorson introduced and read Ordinance No. 09-03 by title only. 21.3 Approve Form PERS-CON-12, Certification of Governing Body's Action (Exhibit D); - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected unanimous approval. 21.4 Approve Form PERS-CON-12A, Certification of Compliance with Government Code Section 7507 (Exhibit E.); - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Nagger; and electronic vote reflected unanimous approval. 21.5 Approve the Certification of Compliance with Government Code Section 20903 (Exhibit F); - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Naggar; ' and electronic vote reflected unanimous approval. 21.6 Direct the City Clerk, upon adoption of said Resolution, to forward to CalPERS duly executed and certified copies of: (1) Resolution of Intention (Exhibit B); (2) Form PERS-CON-12, Certification of Governing Body's Action (Exhibit D); (3) Form PERS-CON-12A, Certification of Compliance With Government Code Section 7507 (Exhibit E.); and (4) Certification of Compliance With Government Code Section 20903 (Exhibit F). - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected unanimous approval. City Manager Nelson provided the detailed staff report (as per written material). DEPARTMENTAL REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT With regard to Closed Session, City Attorney Thorson advised that there was no action to report under the Brown Act. ' ADJOURNMENT At 7:57 p.m. the City Council meeting was formally adjourned to Tuesday, March 10, 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: '.Susan ones, MMC City CI rk [SEAL] ~J (J Ma~'ann Edwards, Mayor