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Home My WebLink About032310 CC Action Minutes ' ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE MARCH 23, 2010 — 7:00 PM 6:00 P.M. - Closed Session of the City Council/Temecula Redevelopment Agency pursuant to Government Code Section: 1) Conference with City Attorney pursuant to Government Code Section 54956.9(a) with respect to one matter of pending litigation to which the City is a defendant. The title of the litigation is Daniel D. Sorenson vs. City of Temecula, et. a/. Riverside County Superior Court Case No. RIC 526355 (tort damages litigation). 2) Conference with City Attorney pursuant to Government Code Section 54956.9(b) with respect to one matter of potential litigation. With respect to such matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and City related entities based on existing facts and circumstances. ' Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the Ci Clerk. At 6:00 P.M., Mayor Comerchero called the Closed Session meeting to order. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Jordan Koford Invocation: Pastor Dominic Rivkin of Trinity Lutheran Church Flag Salute: Council Member Edwards ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero PRESENTATIONS /PROCLAMATIONS Welcome Home Vietnam Veterans Day Proclamation To honor those Vietnam Veterans in attendance, a short recess was taken. ' California State University San Marcos Month in Temecula Proclamation t PUBLIC COMMENTS ' The following individuals addressed the City Council: • Douglas Lanphere - Qualified Patients Resource — Center -Coop • Lorraine Harrington - Rancho California Horsemen's Association — Benefit for Autism and local Trail groups • Margaret Rich - Green Acres Interactive Therapy (GAIT) — the Horse Boy Project • Todd Warden - Lawnmower Exchange through the Air Quality Management District • Tom Stobba - Vandalism in neighborhoods CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; 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 Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of March 9, 2010. 3 List of Demands - Approved Staff Recommendation (5 -0-0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 10 -25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 2 4 City Council authorization to apply for a Caltrans Multiiurisdictional Transportation ' Planning Grant - Approved Staff Recommendation (5 -0-0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 10 -26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING TEMECULA AS THE RECIPIENT, AND THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (WRCOG) AS THE SUB - RECIPIENT FOR PURPOSES OF SUBMITTING A GRANT APPLICATION TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE DEVELOPMENT OF A MULTIJURISDICTIONAL CORRIDOR PLANNING PROGRAM 5 Acceptance of Improvements and Notice of Completion for Pechanga Parkway Phase II Street Improvements — Proiect No. PW99 -11 Approved Staff Recommendation (5 -0- 0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. ' RECOMMENDATION: 5.1 Accept the Pechanga Parkway Phase II Street Improvements, Project No. PW99 -11 as complete; 5.2 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; 5.3 Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. 6 Reject all Construction Bids for the Citywide Slurry Seal Proiect FY2009 -10, Roripaugh Hills Estates, Campos Verdes Tract and Nicholas Valley Areas — Proiect No. PW09 -06 - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Reject all Construction Bids for the Citywide Slurry Seal Project for FY2009 -10, Roripaugh Hills Estates, Campos Verdes Tract and Nicolas Valley Areas, Project No. PW09 -06; 3 6.2 Authorize Staff to Re- advertise the Citywide Slurry Seal Project FY 2009 -10, ' Roripaugh Hills Estates, Campos Verdes Tract and Nicolas Valley Areas, Project No. PW09 -06 for Construction Bids. 7 Acceptance of Improvements and Notice of Completion for DePortola Road Pavement Rehabilitation — Proiect No. PW06 -10 - Approved Staff Recommendation (5 -0-0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Accept the construction of the De Portola Road Pavement Rehabilitation Project, Project No. PW 06 -10, as complete; 7.2 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; 7.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 8 Resolution of Support for District Attorney's Office Enforcement of Existing Violent Sexual Offender Laws (at the request of Mayor Comerchero and Council Member Na ar ) - 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: 8.1 Adopt a resolution entitled: RESOLUTION NO. 10 -27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE COMBINED EFFORTS OF THE TEMECULA POLICE DEPARTMENT AND THE RIVERSIDE COUNTY DISTRICT ATTORNEY'S OFFICE FOR STRICT ENFORCEMENT OF EXISTING VIOLENT SEXUAL OFFENDER LAWS PUBLIC HEARING 16 An Ordinance of the City Council of the City of Temecula amending portions of Title 17 of the Temecula Municipal Code (Long Range Planning Proiect No. LR09 -0001) - 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: ' 16.1 Introduce and read by title only an ordinance entitled: 4 ORDINANCE NO. 10 -07 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE FAMILY DAYCARE REQUIREMENTS TO BE CONSISTENT WITH STATE LAW, UPDATE PUBLIC NOTICING REQUIREMENTS, REQUIRE A CONDITIONAL USE PERMIT FOR CERTAIN WINE TASTING ESTABLISHMENTS, MODIFY SIGN PROGRAM REGULATIONS, CLARIFY GOVERNMENTAL EXEMPT SIGNS, STREAMLINE EXTENSION OF TIME APPLICATION REQUIREMENTS, REMOVE THE TERM "GRANNY FLAT," REVISE GUEST HOUSE REQUIREMENTS AND MAKE OTHER MINOR CLARIFICATIONS OR TYPOGRAPHICAL CORRECTIONS (LONG RANGE PLANNING PROJECT NO. LR09 -0001) Junior Planner Lowrey presented the staff report (as per agenda material). There being no public input, the public hearing was closed. City Attorney Thorson introduced and read by title only Ordinance No. 10 -07. CITY COUNCIL BUSINESS 17 Second Reading of Ordinance No. 10 -06 /Implementation of Existing 2008 Memorandum of Understanding (MOU) Contract Provision - PERS Contract Amendment/Early ' Retirement Option - Approved Staff Recommendation (6 -0 -0) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 17.1 Waive further reading and adopt an ordinance entitled: ORDINANCE NO. 10 -06 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 17.2 Adopt a resolution entitled: RESOLUTION NO. 10 -28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DECLARING TO GRANT ANOTHER DESIGNATED PERIOD FOR TWO YEARS ADDITIONAL SERVICE CREDIT 1 5 17.3 Certify PERS Form CON -12, Certification of Governing Body's Action; ' 17.4 Certify PERS. Form CON -12A, Certification of Compliance with Government Code Section 7507; 17.5 Certify PERS Form, Certification of Compliance with Government Code Section 20903. DEPARTMENTAL REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT With respect to the Closed Session item, City Attorney Thorson advised that there was no action to report. ADJOURNMENT At 8:51 P.M., the City Council meeting was formally adjourned to Tuesday, April 13, 2010, 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. 1 Jeff Comerchero, Mayor ATTEST: Susan W. ones, MM C City Cler [SEAL] 6