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Home My WebLink About072809 CC Action MinutesACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JULY 28, 2009 - 7:00 PM P.M. - Closed Session of the City Council pursuant to Government Code 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 Marina Landscape, Inc.vs. Douglas E. Barnhart, Inc., City of Temecula, et al. Riverside County Superior Court Case No. RIC 476659 (Birdsall Sports Park Litigation) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding approximately 7.5 acres of real property owned by United Commercial Bank located at the northwest corner of Margarita Road and Dartolo Road (4415 Margarita Road, Temecula; APN 959- 080-022) . The parties to the negotiations for sale of this property are: United Commercial Bank; Bridge Housing Corporation; Temecula Murrieta Rescue Mission; Riverside County Economic Development Agency; 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 price and terms of the sale of the parcel. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City At 6:05 P.M., Council Member Naggar moved to call the Closed Session to order. The motion was seconded by Council Member Washington and voice vote reflected approval of those present (Mayor Edwards and Council Member Roberts absent). The City Council meeting convened at 7:00 PM. CALL TO ORDER: Prelude Music: Invocation: Flag Salute: ' ROLL CALL: Action Minutes City Council 072809 Mayor Maryann Edwards Ron Savitt and Susan Miyamoto Reverend Tony Foster of True Vine Pentecostal Church Council Member Washington Comerchero, Naggar, Roberts, Washington, Edwards I PRESENTATIONS/PROCLAMATIONS Certificate of Achievement - Eagle Scout Daniel Huot Certificate of Appreciation to Dennis Chiniaeff Presentation by Southern California Edison - Viet Tran PUBLIC COMMENTS Barry Marr, Redhawk resident, addressed the City Council with regard to the Summerhouse project. Norman Nelson, resident of Harveston, relayed concern with the state of the Harveston Community Information Center (Cruz Development Company). CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure - 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: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Action Minutes - 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: 2.1 Approve the action minutes of July 14, 2009. List of Demands - Approved Staff Recommendation (5-M) - Council Member Naggar 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. 09-68 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Action Minutes City Council 072809 4 City Treasurers Statement of Investment Policy - Approved Staff Recommendation (5-0- 0) - Council Member Nagger made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Adopt the Treasurer's Statement of Investment Policy which provides safety, liquidity, compliance, and yield for City funds. Corridor - Approved Staff Recommendation ("-0) - Council Member Nagger made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 09-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) ' 6 Parcel Map No. 36203, located on west side of Diaz Road, between Sarah Way and Via Dos Picos - Approved Staff Recommendation (5-0-0) - Council Member Nagger made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Approve Parcel Map No. 36203 in conformance with the Conditions of Approval, and Subdivision Improvement Agreement and accept the Faithful Performance Bond and Labor and Material Bond as security for the agreement. Tenth Amendment to the Consultinq Agreement with Moffatt & Nichol Engineers for French Valley Parkway / Interstate-15 Over-Crossing and Interchange Improvements - Proiect No. PW02-11 - Approved Staff Recommendation (5-0-0) - Council Member Nagger made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Approve the Tenth Amendment to the consulting agreement with Moffatt & Nichol Engineers in an amount not to exceed $414,774 for additional services necessary to complete the Project Report and Environmental Document for the French Valley Parkway / Interstate-15 Over-Crossing and Interchange Improvements - Project No. PW02-11, and extend the term of the Agreement through June 30, 2010. Action Minutes City Council 072809 8 Acceptance of certain Public Streets into the City-Maintained System within Tract Mao Nos. 23065, 23065-1, and 23065-4 (located at the intersection of Pechanga Parkway and Deer Hollow Way - Centex Homes) - Approved Staff Recommendation (5-M) - Council Member Nagger made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 09-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NOS. 23065, 23065-1, AND 23065-4) (Jeffries) - at the request of Mayor Pro Tern Comerchero - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected unanimous approval. RECOMMENDATION: I9.1 Adopt a resolution entitled: RESOLUTION NO. 09-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING THE CITY COUNCIL'S SUPPORT FOR ASSEMBLY CONSTITUTIONAL AMENDMENT 8, TO APPLY THE BROWN ACT TO THE LEGISLATURE (JEFFRIES) 10 Old Town Civic Center (OTCC) Structured Data Cable Contract - Approved Staff Recommendation (5-0-0) - Council Member Nagger made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Award a contract to Anderson & Howard Electric, Inc. (A&H) for the Old Town Civic Center Structured Cable project in the amount of $603,178 and authorize the Mayor to execute the contract; 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $60,318, which is equal to 10% of the contract amount. Action Minutes City Council 072809 ' 11 Agreement for Plan Review Services with Tom Haney for Fiscal Year 2009-2010 - 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. 12 RECOMMENDATION: 11.1 Approve an agreement for Consultant Services for Plan Review for Fiscal Year 2009-2010 with Tom Haney in an amount not to exceed $40,000. Service - 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: 12.1 Approve the Amended and Restated Employment Agreement for Shawn D. Nelson dated as of July 28, 2009. 13 Second Reading of Ordinance No. 09-05 - 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: 13.1 Adopt an ordinance entitled: ORDINANCE NO. 09-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING NEW CHAPTER 8.48 (TEMECULA HERITAGE TREE ORDINANCE) TO TITLE 8 (HEALTH AND SAFETY) OF THE TEMECULA MUNICIPAL CODE At 8:23 P.M., the City Council convened as the Temecula Community Services District, the Redevelopment Agency, and the Temecula Public Financing Authority. At 8:28 P.M., the City Council resumed with regular business. Action Minutes City Council 072809 ' CITY COUNCIL BUSINESS 25 Parades and Special Events on Public Property Ordinance -Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 25.1 Hear a report from the City Attorney on the draft Parades and Special Events on Public Property ordinance, receive public comments and provide comments or proposed changes to the City Attorney on the draft ordinance; 25.2 Take no action on the draft ordinance at this time, but direct the Staff to set the public hearing for August 11, 2009, to formally consider the Parade and Special Events Ordinance. City Attorney, by way of a PowerPoint presentation, reviewed the staff report. Mr. Wayne Hall relayed his support of the proposed ordinance. CITY MANAGER REPORT CITY ATTORNEY REPORT ' City Attorney Thorson advised that the real estate item will be agendized at a subsequent City Council meeting for public discussion of the terms. With regard to the litigation item (Marian Landscape, Inc.), City Attorney Thorson noted that, under the Brown Act, the City Council authorized to enter into a settlement agreement in the amount of $100,000. Action Minutes City Council 072809 ' ADJOURNMENT At 8:48 P.M., the City Council meeting was formally adjourned to Tuesday, August 11, 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. ADJOURNED IN THE MEMORY OF DREW HRUSKA Ot-~c„-BLc/ ' ann Edwards, Mayor ATTEST: LOCMLj Action Minutes City Council 072809