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Home My WebLink About042809 CC Action MinutesC ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE APRIL 28, 2009 - 7:00 PM :00 P.M. - Closed Session of the City Council/Redevelopment Agency pursuant > Government Code Section: 77 L Conference with City Attorney pursuant to Government Code Section 54956.9(a), (b) and (c). The Council will meet pursuant to Government Code Section 54956.9(a) with respect to the following four matters of actual litigation pertaining to the Roripaugh Ranch Project in which the City of Temecula ("City") and Temecula Public Financing Authority ("Authority") are defendants: (1) R.J. Noble v. Ashby USA, City, Authority et. al. (Riverside Superior Court Case No. RIC 480922); (2) Riverside Construction Co. v. Ashby USA, City, Authority et. a/. (Riverside Superior Court Case No. RIC 484179); (3) Utah Pacific Construction Co. Ashby USA, City, Authority et. al. (Riverside Superior Court Case No. RIC 485802); and (4) K/aer Brittain, Inc. Ashby USA, City, Authority et. al. (Riverside Superior Court Case No. RIC 506084). Additionally conference with City Attorney pursuant to Government Code Section 54956.9(b) and (c) with respect to one additional matter of potential litigation involving the Roripaugh Ranch Project 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 matters in which the City Council will decide whether to initiate litigation. Conference with City Attorney pursuant to Government Code Section 54956.9(b) and (c). The Council will meet pursuant to Government Code Section 54956.9(b) with respect to two matters 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 matters in which the City Council will decide whether to initiate litigation. Information concerning existing litigation between the City and various may be acquired by reviewing the public documents held by the City Clerk. At 6:00 P.M., Council Member Roberts 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 7:00 PM. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Great Oak High School Jazz Band - Jerry Burdick, Director Invocation: Pastor Leon Franklin of the Living Word Church Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards Victims' Rights Week in Temecula Bill Hughes Day Proclamation Debbie Ubnoske Day Proclamation John Meyer Day Proclamation PUBLIC COMMENTS The following individuals addressed the City Council Members: • Jerry Burdick-Rutz Diane Pierce - representing Wal-Mart Roger Ziemer - representing Southwest California Legislative Council CITY COUNCIL REPORTS CONSENT CALENDAR Standard Ordinance and Resolution Adoption Procedure - 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. 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 Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of April 14, 2009. List of Demands - 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: 3.1 Adopt a resolution entitled: RESOLUTION NO. 09-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Procurement of CommVault Backup Software - 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 Authorize the purchase of CommVault software for the total amount of $54,282.86, which includes applicable sales tax. Reauthorization of the Federal Safe Routes to School (SRTS) Legislation - at the request of Council Member Washington - 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: 5.1 Adopt a resolution entitled: RESOLUTION NO. 09-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE REAUTHORIZATION OF THE FEDERAL SAFE ROUTES (SRTS) LEGISLATION 'L_J Update to CalPERS Pre-Tax Payroll Deduction Plan for Service Credit Purchases - Approved Staff Recommendation (5-") - Council Member Washington 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. 09-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE EMPLOYER PICKUP CALPERS PRE-TAX PAYROLL DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES (CONTRIBUTION CODE 14) 7 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Traffic Signal Interconnect Equipment Installation - Proiect No. PW04-05 - 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: ' 7.1 Approve the Plans and Specifications for the project; 7.2 Authorize the Department of Public Works to solicit construction bids for Traffic Signal Interconnect Equipment Installation, Project No. PW04-05. 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: 8.1 Approve an agreement with Inland Empire Property Services Inc., to provide weed abatement services for fiscal year 2008/09 in the amount of $50,000.00. Administrative Training Center - Approved Staff Recommendation (5-") - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Approve the lease agreement with the State of California by and through the Department of Forestry and Fire Protection, Office of the State Fire Marshall (CAL Fire) for office space at the Overland Administrative Training Center (OATC) in the amount of $17,280 for three years. At 7:46 p.m., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:48 p.m. the City Council resumed with regular business. PUBLIC HEARING 14 residential rental facility at Creekside Apartments - 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: 14.1 Adopt a resolution entitled: RESOLUTION NO. 09-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ISSUANCE OF MULTI-FAMILY HOUSING REVENUE BONDS FOR THE PURPOSE OF FINANCING THE ACQUISITION AND REHABILITATION OF THE CREEKSIDE APARTMENTS City Planner Richardson presented the staff report (as per agenda material). Rachael Gray Shiprin, Bettencourt Properties, Inc., provided additional clarification with this moderate rehabilitation project. Tony Danielson addressed the City Council. 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. J ADJOURNMENT At 7:56 p.m. the City Council meeting was formally adjourned to Tuesday, May 12, 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. Maryann Edwards, Mayor ATTEST: SusanI Jones, City CI r [SEAL]