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Home My WebLink About052609 CC Action Minutes ACTION MINUTES ' TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE MAY 26, 2009 - 7:00 PM 6:15 P.M. - Closed Session of the City Council/Redevelopment Agency pursuant to Government Code Sections: 1) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding the acquisition and sale of one parcel of real property owned by United Commercial Bank consisting of approximately 6.87 acres generally located at the northwest corner of Dartolo Road and Margarita Road (APN 959-080-022) in the City of Temecula. The parties to the negotiations for acquisition and sale of the parcel are: United Commercial Bank,, County of Riverside Economic Development Agency, BRIDGE Housing Corporation, Temecula Murrieta Rescue Mission, Redevelopment' Agency of the City of Temecula (Bob Johnson, Patrick Richardson, and Luke Watson). Under negotiation are the price and terms of acquisition of the parcel from United Commercial Bank and sale to BRIDGE and Temecula Murrieta Rescue ' Mission. 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 Naggar moved to call the Closed Session to order. The motion was seconded by Council Member Roberts and voice vote reflected approval of those present (Council Members Comerchero and Washington absent). The City Council meeting convened at 7:00 PM. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Alex Few Invocation: Pastor John W. Wells, Sr. of Mountain View Community Church Flag Salute: Council Member Roberts ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards ' Present: Naggar, Roberts, Edwards Absent: Comerchero and Washington Action Minutes City Council 052609 1 ' Due to a family emergency, Council Member Naggar excused himself from the Council Meeting at 7:51 PM. and, therefore, certain items of the agenda were discussed out of order. PRESENTATIONS/PROCLAMATIONS City of Temecula Business/Industry Recognition Program County Assessor Larry Ward - Presentation on Tax Re-assessment Process PUBLIC COMMENTS The following individuals addressed the City Council: • Jenny Elliott - representing National Alliance on Mental Illness (NAMI) • Richard Elliott - representing NAMI Temecula Valley • Virginia Sage - representing NAMI Temecula Valley • Constance Nicola - representing NAMI Temecula Valley • Fred Bartz - addressed the upcoming annexation hearing in Riverside • Bill Gould - representing Full Value Entertainment & Temecula Music Fest • Kevin Higgins - addressed Nicolas Valley Rezoning • Jo Subik - addressed Nicolas Valley Rezoning - Liefer Road Committee ' Kathleen Hamilton - addressed the upcoming annexation hearing • M. Hammatt representing Sierra Club ( San Diego Chapter) regarding annexation support CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adootion Procedure - Approved Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval of those present - Council Members Comerchero 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 Roberts; and electronic vote reflected approval of those present - Council Members Comerchero and Washington were absent. RECOMMENDATION: 2.1 Approve the action minutes of May 12, 2009. Action Minutes City Council 052609 2 3 List of Demands - Approved Staff Recommendation (3-0-2) - Council Member Nagger ' made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval of those present - Council Members Comerchero and Washington were absent. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 09-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Mayor's Summer Youth Employment Program - Approved Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval of those present - Council Members Comerchero and Washington were absent. RECOMMENDATION: 4.1 Approve the estimated revenues in the Youth Employment Program Fund in the amount of $432,500; 4.2 Appropriate $432,500 in expenditures from the Youth Employment Program Fund for the Mayor's Summer Youth Employment Program; 4.3 Authorize the City Manager, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Summer Work Experience Program, and to administer the City's obligations, responsibilities, and duties to be performed under the Program, including, but not limited to, approval and execution on behalf of the City of the Summer Work Experience Program agreements with the County of Riverside, State of California, or federal government, the Summer Work Experience Program Worksite agreements with employers, and such implementing agreements, certificates and other similar agreements and documents as necessary and convenient for the implementation of the Program. 5 Civic Center Art - Approved Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval of those present - Council Members Comerchero and Washington were absent. RECOMMENDATION: 5.1 Approve in its conceptual form, the mosaic mural for the Civic Center depicting the Emigrant Trail; 5.2 Approve the agreement between the City of Temecula and the artist Carole Choucair Oueijan in the amount of $40,000 to design, fabricate, and install the mosaic mural; Action Minutes City Council 052609 3 5.3 Appropriate $40,000 dollars from the Public Art Fee fund for this project. 6 Purchase and Sale Agreement between the City of Temecula and JHC Acquisitions LLC for the conveyance of 11 affordable housing units located within the Temecula Lane Development - Approved Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval of those present - Council Members Comerchero and Washington were absent. RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 09-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" BETWEEN THE CITY OF TEMECULA AND JHC ACQUISITIONS LLC, AN AFFILIATE OF JAMBOREE HOUSING CORPORATION, FOR THE SALE OF 11 UNITS AT THE TEMECULA LANE PROJECT FOR AFFORDABLE HOUSING 7 Award a Construction Contract for the Citywide Slurry Seal Project FY2008-09. Paloma Del Sol Area & Temeku Hills Area - Project No. PW09-01 - Approved Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval of those present - Council Members Comerchero and Washington were absent. RECOMMENDATION: 7.1 Award a construction contract for Project No. PW09-01, Citywide Slurry Seal Project FY2008-09, Paloma Del Sol Area & Temeku Hills Area, to Pavement Coatings Company in the amount of $323,817.17; 7.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $32,381.72 which is equal to 10% of the contract amount. Action Minutes City Council 052609 4 8 Water System Grant Deed and Water System Construction Agreement with Rancho California Water District for Water Facilities Associated with Pechanga Parkway Phase II Street Improvements. PW99-11 - Approved Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval of those present - Council Members Comerchero and Washington were absent. RECOMMENDATION: 8.1 Approve a Water System Grant Deed with Rancho California Water District (RCWD) thereby transferring all rights, title and interests on specific portions of the water system improvements to be constructed as part of Pechanga Parkway Phase II Street Improvements to the District and authorize the City Manager to execute the Deed; 8.2 Approve a Water System Construction Agreement with Rancho California Water District (RCWD) and authorize the City Manager to execute the Agreement. 9 Execute a Quitclaim Deed whereby the City grants to Riverside County Flood Control and Water Conservation District (RCFC&WCD) a drainage easement for the Leigh Court Storm Drain (Tract Map No. 23209 - Shea Homes Development) - Approved Staff Recommendation (3-0-2) - Council Member Nagger made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval of those present - Council Members Comerchero and Washington were absent. ' RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 09-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXECUTING THE QUITCLAIM DEED WHEREBY CITY GRANTS TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (RCFC&WCD) A DRAINAGE EASEMENT FOR LEIGH COURT STORM DRAIN (TRACT MAP NO. 23209) 10 Acceptance of certain Public Streets into the City-Maintained System within Tract Map No. 23513 (located at Santiago Road and Cresta Verde Court - Gallery Homes) - Approved Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval of those present - Council Members Comerchero and Washington were absent. RECOMMENDATION: 10.1 Adopt a resolution entitled: Action Minutes City Council 052609 5 RESOLUTION NO. 09-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 23513) 11 Substitute Agreements and Bonds for Public Improvements in Tract Nos. 30264-4 and 30264-10 (located within the Wolf Creek Development - Stonebriar) - Approved Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval of those present - Council Members Comerchero and Washington were absent. RECOMMENDATION: 11.1 Accept substitute Subdivision Improvement Agreements and Subdivision Faithful Performance and Labor & Materials Bonds as security for improvements and labor and materials for Tract Map Nos. 30264-4 and 30264-10; 11.2 Authorize the release of the existing Faithful Performance, Labor & Materials, and Monumentation Bonds for Tract Map Nos. 30264-4 and 30264-10; 11.3 Direct the City Clerk to so advise the developer and surety. 12 Acceptance of certain Public Streets into the City-Maintained System within Tract Mal) No. ' 31344 (located at Ynez Road and Rancho Vista Road - Gallery Homes) - Approved Staff Recommendation (3-0-2) - Council Member Nagger made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval of those present - Council Members Comerchero and Washington were absent. RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 09-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 31344) 13 Acceptance of certain Public Streets into the City-Maintained System within Tract Mal) No. 34820 (located at Santiago Road and Cresta Verde Court - Gallery Homes) L- Approved Staff Recommendation (3-0-2) - Council Member Nagger made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval of those present - Council Members Comerchero and Washington were absent. RECOMMENDATION: ' 13.1 Adopt a resolution entitled: Action Minutes City Council 052609 6 RESOLUTION NO. 0948 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 34820) 14 Opposition to Proposals by the State of California to Borrow Funds from Local Government and Opposition to the Adoption of any Additional Unfunded Mandates - Approved Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval of those present - Council Members Comerchero and Washington were absent. RECOMMENDATION: 14.1 Oppose any action by the State of California to borrow funds from local government but specifically the proposed plan announced on May 5, 2009, to borrow property tax funds; 14.2 Oppose any additional unfunded mandates imposed through legislation by the State of California; 14.3 Direct staff to prepare a letter of opposition to be sent to the Governor and local legislators and coordinate other lobbying actions with the League of California Cities; 14.4 Adopt a resolution entitled: RESOLUTION NO. 09-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA FINDING A SEVERE FISCAL HARDSHIP WILL EXIST IF ADDITIONAL LOCAL PROPERTY TAX FUNDS ARE SEIZED AND ADDITIONAL UNFUNDED MANDATES ARE ADOPTED BY THE STATE OF CALIFORNIA 15 Support of AB 715 (Caballero) - Publishing and Posting Requirements - Approved Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval of those present - Council Members Comerchero and Washington were absent. RECOMMENDATION: 15.1 Direct staff to prepare a letter of support to be sent to the Governor and local legislators; 15.2 Adopt a resolution entitled: Action Minutes City Council 052609 7 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillillilillillillillillillilliillillillillillillilliillillillillilI RESOLUTION NO. 09-50 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING THE CITY COUNCIL'S SUPPORT FOR ASSEMBLY BILL 715 (CABALLERO), WHICH WOULD ALLOW THE OPTION OF POSTING ORDINANCES ON THE INTERNET INSTEAD OF PUBLISHING IN THE NEWSPAPER At 7:48 P.M., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:51 P.M., the City Council resumed with regular business. DEPARTMENTAL REPORTS 16 Planning Department Monthly Report 17 City Council Travel/Conference Report -April 2009 18 Public Works Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that there were not actions to report under the Brown Act with regard to Closed Session and noted that if a deal were reached, approval of the matter would be addressed in Open Session. ADJOURNMENT At 8:13 P.M., the City Council meeting was formally adjourned to Tuesday, June 9, 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. War-,-nn Edwards, Mayor ATTEST:: Susan ones,,MMC City ,C rk [SEAL] - Action Minutes City Council 052609 8