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Home My WebLink About082311 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET AUGUST 23, 2011 — 7:00 PM 6:00 P.M. — The City Council/Temecula Redevelopment Agency will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 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 plaintiff. The title of the litigation is City of Temecula, et. al, v. Tovey/Shultz Construction, lnc., et. al,, Riverside County Superior Court Case No. RIC 541908 (Old Town Community Theater construction litigation): � 2) Conference with City CounciPs designated representatives, Mayor, Mayor pro Tem and City Attorney, regarding salary, compensation, and benefits, and to provide instruction to its designated representatives concerning these matters, for the unrepresented position of City Manager--Nominee pursuant to the authority of Government Code Section 54957.6. The City Council will consider and discuss these matters in a public meeting before taking,any action on the approval of salary, compensation and benefits for this. unrepresented position. Public Information concerning existing litigation between the City and various parties ma be acquired b reviewin the public documents held by the Cit Clerk. At 6:00 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. CALL TO ORDER: Mayor Roberts Prelude Music: Shanti Ryle Invocation: Rabbi Barry Ulrych of Congregation B'nai Chaim of Murrieta Flag Salute: Council Member Washington ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts Absent: Comerchero Action Minutes\082311 1 PUBLIC COMMENTS Fred Bartz addressed the City Council Members. 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 Edwards; and electronic vote reflected unanimous approval with the exception of Council Member Comerchero 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 CQUncil Member Edwards; and electronic vote reflected unanimous approval with the exception of Council Member Comerchero who was absent. RECOMMENDATION: 2.1 Approve the action minutes of August 9, 2011. 3 List of Demands — Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with the exception of Council Member Comerchero who was absent. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 11-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Edward Byrne Memorial Justice Assistance Grant - Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with the exception of Council Member Comerchero who was absent. RECOMMENDATION: 4.1 Approve the Edward Byrne Memorial Justice Assistance Grant Application for a proposed amount of $14,639. Action Minutes\082311 2 5 All-Wav Stop Control — Old Town Front Street at Third Street and Mercedes Street at Sixth Street - Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with the exception of Council Member Comerchero who was absent. RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 11-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING ALL-WAY STOP CONTROLS AT THE INTERSECTION OF OLD TOWN FRONT STREET AT THIRD STREET AND MERCEDES STREET AT SIXTH STREET 6 Approval of the Second Amendment to the Professional Enqineerinq Services Aqreement with Hall & Foreman, Inc. for the Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect — Proiect No. PW08-04 - Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with the exception of Council Member Comerchero who was absent. RECOMMENDATION: 6.1 Approve the Second Amendment to the Professional Engineering Services Agreement with Hall & Forman, Inc. in an amount not to exceed $93,250 for additional services necessary to complete the construction plans, specifications, and estimate for the Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect — Project No. PW08-04, and to extend the term of the Agreement through June 30, 2012. 7 Temporarv Street Closures for September 2011 Special Events - Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with the exception of Council Member Comerchero who was absent. RECOMMENDATION: 7.1 Receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following September 2011 Special Events: `COMMUNITY HEALTH & WELLNESS FAIR' 'STEVE MILLER ROCK SYMPHONY CONCERT' Action Minutes\082311 3 8 Citv Letter of Support for Leaislation concerninq proposed Libertv Quarrv Project (AB 742 - Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with the exception of Council Member Comerchero who was absent. RECOMMENDATION: 8.1 Receive and file. At 7:13 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 7:15 P.M., the City Council resumed with regular business. PULIC HEARING 16 Issuance of Tax-Exempt Private Activitv Bonds bv the California Statewide Communities Development Authoritv (CSDA) for the purpose of constructinq a 45 unit multi-family affordable housinq development to be located at 28673, 28681, and 28701 Pujol Street - Approved Staff Recommendation (4-0-1) — Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with the exception of Council Member Comerchero who was absent. RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 11-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ISSUANCE OF TAX-EXEMPT PRIVATE ACTIVITY BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR THE CONSTRUCTION OF PORTOLA TERRACE APARTMENTS CITY COUNCIL BUSINESS 17 Second Readinq of Ordinance No. 11-06 AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM - Approved Staff Recommendation (40-1) — Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with the exception of Council Member Comerchero who was absent. RECOMMENDATION: 17.1 Adopt an ordinance entitled: Action Minutes\082311 4 ORDINANCE NO. 11-06 � AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' ' RETIREMENT SYSTEM 17.2 Certify PERS Form CON-5, Certification of Final Action of Governing Body. CITY COUNCIL BUSINESS CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson reported that with regard to Closed Session Item No. 1, the City Council, by a 4-0 vote, approved the global settlement and agreement and release between the City, the defendants, and the cross defendants in this case. The City will receive the sum of $3,425,000 from 21 defendants and cross defendants in settlement of the City's claims of construction defects of the Old Town Community Theater. The settlement will enable the City to correct these defects and request its costs. With regard to Closed Session Item No. 2, City Attorney Thorson advised that there was no reportable action. ADJOURNMENT At 7:25 P.M., the City Council meeting was formally adjourned to Tuesday, September 13, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. � Ron Roberts, Mayor ATTEST: � Susan . Jone MMC ' CI k [SEAL] Action Minutes\082311 5