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HomeMy WebLinkAbout052411 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET MAY 24, 2011 — 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 three parcels of real property in the City of Temecula: (1) 42221 Main Street (APN 922-053-038) owned by Jong C. Han; (2) 42400 Main Street (APNs 922-045-020, 922-045-013, 922-045-014 and 922-045-015) owned by Parker Family Enterprises; and (3) 42045 Third Street (APN 922-045-016) owned by Trust of John ' B. Kilgore. Negotiating parties are Bob Johnson and Patrick Richardson on behalf of the City of Temecula and the Redevelopment Agency of the City of Temecula and the owners of the designated parcels Jong C. Han, Parker. Family Enterprises and Trust of John B. Kilgore. Under negotiation are price and the terms of the City and Agency's purchase of the parcels of real property. 2)> Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding #he lease of the Harveston Welcome Center consisting of approximately .80 acre of a 2.45 acre parcel of real property located at 40135 Village Road, Temecula (a portion of APN 916-560-006). Negotiating parties are Herman Parker, Director of Community Services, on behalf of the City of Temecula and the Temecula Community Services District and the owner of the property LSK, LLC. Under negotiation are price and the terms of the City/TCSD's lease of the prope'rty. � 3} Conference with City Attorney pursuant to Government Code Section 54956.9(a) with respect to two matters of pending litigation to which the City is a party. The title of the litigation is City of Temecula v. Pechanga Band of Luiseno Indians, . United States District Court Case No. CV10-07378 DSF(VBK), Central District of California and City of Temecula v. Pechanga Band of Luiseno lndians, Riverside Superior CourtCase No. RIC10019644. . ; Public Info`rmation concerning existing _litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. At 6:06 P.M., Mayor Roberts called the City Council meeting to order and recessed to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:00 P.M. Action Minutes\052411 1 CALL TO ORDER: Mayor Ron Roberts Prelude Music: Susan Miyamoto Invocation: Pastor John Wells of Mountain View Community Church Flag Salute: Council Member Edwards ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PUBLIC COMMENTS Chuck Rear addressed the City Council. 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 Comerchero; 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 Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 2.1 Approve the action minutes of May 10, 2011. 3 List of Demands - Approved Staff Recommendation (5-0-0) — Council Member Edwards 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. 11-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Action Minutes\052411 2 4 Financial Statements for the Nine Months Ended March 31, 2011 - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 4.1 Receive and file the Financial Statements for the Nine Months Ended March 31, 2011; 4.2 Approve an appropriation of $130,000 in the City Attorney line item budget for legal services. 5 Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the Communitv Recreation Center (CRC) Enerqv Manaqement and Retrofit Proiect - FY 2011-12, Project No. PW11-05 - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approvat RECOMMENDATION: 5.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Community Recreation Center (CRC) Energy Management and Retrofit Project — FY 2011-12, Project No. PW11-05. 6 Acceqtance of Improvements and Notice of Completion for the Citvwide Storm Drain Improvements, Rancho California Road at Vincent Moraqa Drive, Proiect No. PW09-09 - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 6.1 Accept the construction of the Citywide Storm Drain Improvements, Rancho California Road at Vincent Moraga Drive, Project No. PW 09-09, as complete; 6.2 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; 6.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 7 Resolution of Support for Senate Bill 264 (Correa) Recreational Activities: Skateboard Parks (at the request of Mavor Roberts) - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: Action Minutes\052411 3 7.1 Adopt a resolution entitled: RESOLUTION NO. 11-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUPPORT SENATE BILL 264 (CORREA) WHICH WILL EXTEND QUALIFIED IMMUNITY TO LOCAL PUBLIC AGENCIES THAT OPERATE PUBLIC SKATEBOARDING PARKS INDEFINITELY, PROVIDED THAT THEY MEET CERTAIN REQUIREMENTS At 7:10 P.M., the City Council convened as the Temecula Community Services District, the Redevelopment Agency, the Temecula Public Financing Authority, and the Temecula Public Financing Authority. At 7:25 P.M., the City Council resumed with regular business. CITY COUNCIL BUSINESS 18 An Interim Uraencv Ordinance for a Citvwide moratorium on the approval of Conditional Use Permits for businesses to sell alcoholic beveraqes for off sale consumption (LR11- 0007) - Approved Staff Recommendation (5-0-0) — Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 18.1 Adopt an Interim Urgency ordinance entitled: URGENCY ORDINANCE NO. 11-02 AN INTERIM ORDINANCE OF THE CITY OF TEMECULA PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 IMPOSING A MORATORIUM UPON THE APPROVAL OF CONDITIONAL USE PERMITS FOR BUSINESSES REQUIRING CONDITIONAL USE PERMITS TO SELL ALCOHOLIC BEVERAGES FOR OFF SALE CONSUMPTION IN THE CITY OF TEMECULA Director of Planning and Redevelopment Richardson presented the staff report (as per agenda • material). Ronald Talmo, attorney for Stop Quick Mini Mart, addressed the City Council. DEPARTMENTAL REPORTS CITY MANAGER REPORT � CITY ATTORNEY REPORT With regard to Item No. 1 of the Closed Session items, City Attorney Thorson advised that the City Council gave direction to staff and noted that any final action on the purchase of that property will be discussed by the City Council in open session. Action Minutes\052411 4 As to Item Nos. 2 and 3, Mr. Thorson noted that City Council gave direction to staff and that there were no reportable actions with regard to the two litigation matters or the real property matter. ADJOURNMENT At 7:31 P.M. on Tuesday, May 24, 2011, the City Council meeting was formally adjourned to Wednesday, May 25, 2011, at 10:00 A.M. for the purpose of a Budget Workshop, Civic Center - Conference Center, 41000 Main Street, Temecula, California. Ron Roberts, Mayor ` , ATTEST: . D Susan . Jon s, MMC Cle [SEAL] Action Minutes\052411 5