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HomeMy WebLinkAbout110910 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE NOVEMBER 9, 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 real property negotiators pursuant to Government Code Section 54956.8 regarding approximately .47 acres of real property located at the northeast corner of Old Town Front Street and Third Street (28693 Old Town Front Street, Temecula; APN 922046010 and 922-046-011) The parties . to the negotiations are: Front Street Plaza Partners, LLC; Redevelopment Agency of the City of Temecula. Negotiators for . the Redevelopment Agency of the City,of Temecula are: Bob Johnson; Patrick Richardson; and Luke Watson. Under negotiation are the terms of the Owner Participation Agreement for the potential development of affordable ,housing. 2) 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 Judy Angle et al, v. City of Temecula, et. al., Riverside County Superior Court Case No. RIC 535656. 3) 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 "In the Matter of the Application of SOUTHERN CALIFORNIA EDISON COMPANY (U338E) for- a Permit to Construct Electrical Facilities With Voltages Between 50kV and 200k: Triton Substation Project. With respect to such matter, the City Council will also meet pursuant to Government Code Section 54956.9(c) to 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 6:00 P.M., Mayor Comerchero called the City Council meeting to order and recessed the meeting to Closed Session to consider the matter described on the Closed Session agenda. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Jeff Comerchero Action Minutes\110910 1 Prelude Music: Leilani Kilgore Invocation: Pastor Bill Savage of True Vine Pentecostal Church Flag Salute: Temecula Valley Young Marines ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero Absent: Edwards PRESENTATIONS/PROCLAMATIONS Certificate of Conqratulations to Naomi Daisv Younq for her 100th Birthdav Certificate of Appreciation to Brvna Bunderson for naminq the Chapel of Memories Familv Niqht in Temecula Proclamation PUBLIC COMMENTS George Rombach, Temecula, submitted a document to the City Council entitled Concerned American Citizens. CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Council Member Edwards who was 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 (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Council Member Edwards who was absent. RECOMMENDATION: 2.1 Approve the action minutes of October 26, 2010. Action Minutes\110910 2 3 List of Demands - Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Council Member Edwards who was absent. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 10-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Citv Treasurer's Report as of September 30, 2010 - Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Council Member Edwards who was absent. RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of September 30, 2010. 5 Review of City Conflict of Interest Code - Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Council Member Edwards who was absent. RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 10-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CITY'S CONFLICT OF INTEREST CODE 6 December Schedule for Citv Council Meetinas - Approved Staff Recommendation (4- 0-1) — Council Member Washington made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Council Member Edwards who was absent. RECOMMENDATION: 6.1 Direct the City Clerk to cancel the regularly scheduled City Council Meeting of December 28, 2010 and perform the appropriate postings and noticing requirements of the Government Code. Action Minutes\110910 3 7 Fourth Amendment to the Aareement with the Friends of the Temecula Children's Museum - Approved Staff Recommendation (3-0-1-1) — Council Member Washington made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Council Member Edwards who was absent and Mayor Comerchero who abstained. RECOMMENDATION: 7.1 Approve the "Fourth Amendment to Cooperation Agreement between the City of Temecula and Friends of the Temecula Children's Museum for the Support of the Temecula Children's Museum and Operation of the Children's Museum Gift Shop". 8 Third Amendment to the Joint Powers Aqreement between the Countv of Riverside and the Citv of Canvon Lake; Citv of Lake Elsinore; Citv of Murrieta; Citv of Temecula; and Citv of Wildomar creatinq the Southwest Communities Financinq Authoritv (Animal Shelter - Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Council Member Edwards who was absent RECOMMENDATION: 8.1 Approve the Third Amendment to the Joint Powers Agreement (JPA) between the County of Riverside and the City of Canyon Lake; City of Lake Elsinore; City of Murrieta; City of Temecula; and the City of Wildomar. 9 Riverside Countv Mortqaqe Credit Certificate Proqram - Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Council Member Edwards who was absent RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 10-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM Action Minutes\110910 4 10 Temporarv Street Closures for 2010-2011 Winterfest Events - Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Council Member Edwards who was absent RECOMMENDATION: 10.1 Receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2010-2011 Winterfest Events: `ICE SKATING RINK AT TOWN SQUARE' `SANTA'S ELECTRIC LIGHT PARADE' `WINTER WONDERLAND' `NEW YEARS EVE CELEBRATION' 11 Parcel Map 30404, located at the north west corner of Santiaqo Road and Ormsbv Road - Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Council Member Edwards who was absent RECOMMENDATION: 11.1 Approve Parcel Map 30404 in conformance with the Conditions of Approval. 12 Award a Construction Contract for Traffic Siqnal Installation; Rancho California Road at Yukon Road/Asteroid Wav — Proiect No. PW09-07 - Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Council Member Edwards who was absent RECOMMENDATION: 12.1 Award a construction contract for Project No. PW09-07, Traffic Signal Installation; Rancho California Road at Yukon Road/Asteroid Way, to Sierra Pacific Electrical Contracting in the amount of $187,339.40; 12.2 Authorize the City Manager to approve change orders up to 10% of the contract amount, $18,733.94; 12.3 Make a finding that the Traffic Signal Installation; Rancho California Road at Yukon Road/Asteroid Way Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. Action Minutes\110910 5 13 A�proval of Amendment No. 1 to the Professional Services Aqreement with IRC Technoloqies, Inc. DBA Independent Roofinq Consultants (IRC) for Additional Roofinq and Waterproofinq Inspection & Testinq Services Associated with the Old Town Civic Center Proiect — PW 06-07 - Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Council Member Edwards who was absent RECOMMENDATION: 13.1 Approve Amendment No. 1 to the Professional Services Agreement with IRC Technologies, Inc. DBA Independent Roofing Consultants (IRC) for additional services associated with roofing and waterproofing inspection & testing services for the Old Town Civic Center Project in the amount of $10,000 and authorize the Mayor to execute the Amendment. 14 A�proval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Pavement Rehabilitation Proaram — Nicolas Road — Proiect No. PW10-05C - Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Council Member Edwards who was absent RECOMMENDATION: 14.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Pavement Rehabilitation Program — Nicolas Road — Project No. PW10-05C. 15 Approval of Purchase and Sale and Donation Aqreement between the Citv of Temecula and Borchard-Temecula, LP, reqardinq the Real Properties identified as Riverside Countv Tax Assessor's Parcel Numbers 961-440-007, 961-440-008, 961-440-009, 961- 440-012, and 961-450-014 - Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Council Member Edwards who was absent RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 10-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING, IN SUBSTANTIALLY THE FORM ATTACHED, THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AND DONATION AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND BORCHARD-TEMECULA, L.P. REGARDING THE REAL PROPERTIES IDENTIFIED AS RIVERSIDE COUNTY TAX ASSESSOR'S PARCEL NUMBERS 961-440-007, 961-440-008, 961-440-009, 961-440-012, AND 961-450-014 (CONVEYANCE OF OPEN SPACE LAND)" Action Minutes\110910 6 15.2 Authorize the City Manager to approve and execute any necessary documents and to take all necessary actions to complete this acquisition, including without limitation, all escrow instructions; 15.3 Authorize the Finance Director to issue a warrant for the sum of $1.00 for deposit with the Escrow Holder First American Title Insurance to complete the transaction; 15.4 Authorize the Finance Director to issue a warrant for an amount up to, and including, $30,000 for deposit with the Escrow Holder to clear title to the Subject Property if the City Manager authorizes the clearance of the monetary encumbrances and special assessments to clear title to the Subject Property described in the Agreement. 16 Roripauqh Ranch — Approval of Fifth Operatina Memorandum - Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Council Member Edwards who was absent RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 10-81 ! A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIFTH OPERATING MEMORANDUM FOR THE DEVELOPMENT AGREEMENT BETWEEN ASHBY USA, LLC AND THE CITY OF TEMECULA FOR HRA RORIPAUGH 1 LLC AND HRA RORIPAUGH 2 LLC, OWNERS OF TRACTS 29661-3 AND 29661-4 WITHIN THE RORIPAUGH RANCH PROJECT At 7:25 P.M., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 8:03 P.M., the City Council resumed with regular business. PUBLIC HEARING 20 Amendment of the California Buildinq Codes - Approved Staff Recommendation (4-0- 1) — Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with the exception of Council Member Edwards who was absent. RECOMMENDATION 20.1 Adopt a resolution entitled: Action Minutes\110910 7 RESOLUTION NO. 10- 82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE 2010 CALIFORNIA BUILDING, PLUMBING, MECHANICAL, AND ELECTRICAL CODES, AS ADOPTED BY THE CITY OF TEMECULA, ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL, OR TOPOGRAPHICAL CONDITIONS 20.2 Second reading and adoption of the Ordinance introduced October 12, 2010 entitled: ORDINANCE NO. 10-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING BY REFERENCE THE 2010 EDITION OF THE CALIFORNIA BUILDING CODE; THE 2010 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE 2010 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 2010 EDITION OF THE CALIFORNIA ELECTRICAL CODE; THE 2010 EDITION OF THE CALIFORNIA ADMINISTRATIVE CODE; AND THE 2010 CALIFORNIA ENERGY CODE, 2010 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2010 CALIFORNIA REFERENCED STANDARDS CODE, 2010 CALIFORNIA RESIDENTIAL CODE, TOGETHER WITH CERTAIN AMENDMENTS AND DELETIONS, AND AMENDING TITLE 15 OF THE TEMECULA MUNICIPAL CODE 21 Amendment of the California Fire Code - Approved Staff Recommendation (4-0-1) — Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with the exception of Council Member Edwards who was absent. ' RECOMMENDATION: 21.1 Adopt a resolution entitled: RESOLUTION NO. 10-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT MODIFICATIONS TO CHAPTER 15.16 OF THE TEMECULA MUNICIPAL CODE, AMENDING THE CALIFORNIA FIRE CODE, CCR TITLE 24 PART 9, 2010 EDITION, ARE REASONABLE AND NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE 21.2 Second Reading and adoption of the ordinance introduced October 12, 2010 entitled: Action Minutes\110910 8 ORDINANCE NO. 10-14 AN ORDINAfVCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING BY REFERENCE THE 2010 EDITION OF THE CALIFORNIA FIRE CODE BASED ON THE 2009 INTERNATIONAL FIRE CODE, IN ITS ENTIRETY, REGULATING AND GOVERNING THE SAFEGUARD OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING, AND USE OF HAZARDOUS SUBSTANCES, MATERIALS, AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF TEMECULA, INCLUDING CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS, AND PROVIDING FOR THE ISSUANCE OF PERMITS AND THE COLLECTION OF FEES CITY COUNCIL BUSINESS 22 Communitv Services Commission Appointments — Reappointed Commissioners Hogan and McCracken to serve full three-year terms through October 10, 2013 — (4-0-1) — Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with the exception of Council Member Edwards who was absent. RECOMMENDATION: 22.1 Appoint two applicants to serve full three-year terms on the Community Services Commission through October 10, 2013. CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that under the Brown Act, there was nothing to report from the Closed Session but noted that with regard to Item No. 1(real estate negotiations), no final action will be taken on that item unless in an open meeting of the Agency and the City Council. With respect to Item No. 3(Southern California Edison Company — Triton Substation project), Mr. Thorson stated that Mr. Nelson did not participate in the discussion nor was he present in the room due to his wife's employment with Southern California Edison. Action Minutes\110910 9 ADJOURNMENT At 8:12 P.M., the City Council meeting was formally adjourned to Tuesday, November 23, 2010, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. *** This meeting was adjourned in Honor of Naomi Davis *** / /� � � � `-�~ �" Jeff Comerchero, Mayor ATTEST: Susan W Jones MMC City Cler [SEAL Action Minutes\110910 10