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Home My WebLink About081109 CC Action Minutes' ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE AUGUST 11, 2009 - 7:00 PM The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Earlene Bundy Invocation: Pastor Steve Struikmans, Rancho Community Church Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards Present: Comerchero, Naggar, Washington, Edwards Absent: Roberts PRESENTATIONS/PROCLAMATIONS ' Plein Air Contest Winner - 2009 Best of Show PUBLIC COMMENTS Liz Bibb presented a flag to the City Council that was flown over Iraq and requested this flag be flown over City Hall for the next week commencing with a 7:30 a.m. flag raising. Kelly Daniels, representing Temecula Valley Chamber of Commerce, introduced the "Shop Temecula First" program to the City Council and encouraged all Temecula citizens to support their local businesses. Chuck Rear spoke regarding the importance of water conservation and recycling. CITY COUNCIL REPORTS CONSENT CALENDAR Standard Ordinance and Resolution Adootion Procedure - Approved Staff Recommendation (4-0-1) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Member Roberts was absent. RECOMMENDATION: I 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 Naggar ' made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Member Roberts was absent. RECOMMENDATION: 2.1 Approve the action minutes of July 28, 2009. List of Demands - Approved Staff Recommendation (4-0-1) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Member Roberts was absent. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 09-72 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 Reoort as of June 30. 2009 - Approved Staff Recommendation (4-0-1) - Council Member Naggar made the motion; it was seconded by Council Member ' Comerchero; and electronic vote reflected approval of those present - Council Member Roberts was absent. RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of June 30, 2009. 5 Aooroval of a Purchase and Sale Aoreement to Sell an ADDroximate 0.875 Acre Portion of Assessor Parcel Number 921-021-088. at the NW corner of Diaz Road and Business Park Drive - Approved Staff Recommendation (4-0-1) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Member Roberts was absent. RECOMMENDATION: 5.1 Approve a Purchase and Sale Agreement between the City of Temecula and 43455 BPD, LLC for the Sale of an approximate 0.875 Acre portion of Assessor Parcel Number (APN) 921-021-088 and authorize the City Manager to sign the Agreement. 6 Amendment to the Western Riverside Council of Governments Joint Powers Aareement (at ' the reauest of Council Member Washinaton) - Approved Staff Recommendation (4-0-1) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Member Roberts was absent. RECOMMENDATION: 6.1 Approve the Amendment to the Western Riverside Council of Government's (WRCOG) Joint Powers Agreement (JPA) to include Eastern Municipal Water District and Western Municipal Water District as full voting members and authorize the Mayor to execute the Amendment on behalf of the City. 7 Sixth Amendment to the Professional Services Aareement with Proiect Design Consultants for the design of the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road - Proiect No. PW00-26 - Approved Staff Recommendation (4-0-1) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Member Roberts was absent. RECOMMENDATION: 7.1 Approve the Sixth Amendment to the agreement with Project Design Consultants in an amount not to exceed $62,250 for additional services to complete the ' improvement plans for the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road - Project No. PW00-26. 8 Settlement of Eminent Domain Proceedina: Litiaation Citv of Temecula v. Borchard- Temecula. L.P.. et al. (Riverside Countv Suoerior Court Case No. 519307) for the Pechanaa Parkwav Dual riaht Turn Lanes from Temecula Parkwav - Proiect No. PW06-11 - Approved Staff Recommendation (4-0-1) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Member Roberts was absent. RECOMMENDATION: 8.1 Approve the following documents substantially in the form attached: • Stipulation for Entry of Final Judgment and Final Order of Condemnation Submitted by Plaintiff City of Temecula and Defendant Borchard-Temecula, L.P. (subject to resolution of issues between the City and County of Riverside and the City and Pacific Bell Telephone Company); • Stipulation for Entry of Interlocutory Judgment Submitted by Plaintiff City of Temecula and AT&T Corp.; • Stipulation for Entry of Interlocutory Judgment Submitted by Plaintiff City of Temecula and Verizon California, Inc. 8.2 Authorize the City Manager to approve a settlement and Stipulation for Interlocutory Judgment with Pacific Bell Telephone Company on terms substantially similar to the terms set forth in the Stipulation for Interlocutory Judgment Submitted by Plaintiff City of Temecula and Verizon California, Inc. 9 Authorization to cooperate with the League of California Cities, the California Redevelopment Association, and other Cities and Counties in litigation challenging the constitutionality of any seizure by State Government of the City's Property Tax Street Maintenance and Redevelopment Funds. - Approved Staff Recommendation (4 -0 -1) — Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present — Council Member Roberts was absent. RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 09 -73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY ATTORNEY TO COOPERATE WITH THE LEAGUE OF CALIFORNIA CITIES, OTHER CITIES, AND COUNTIES IN LITIGATION CHALLENGING THE CONSTITUTIONALITY OF ANY SEIZURE BY STATE GOVERNMENT OF THE CITY'S PROPERTY TAX, STREET MAINTENANCE, AND REDEVELOPMENT FUNDS 10 Police Department Office of Traffic Safety (OTS) Grant Funding - Approved Staff Recommendation (4 -0 -1) — Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present — Council Member Roberts was absent. RECOMMENDATION: 10.1 Increase estimated General Fund Grant Revenue by $79,000; 10.2 Appropriate $79,000 from General Fund Grant Revenue to the Police Department. At 7:16 P.M., the City Council convened as the Temecula Community Services District, and the Redevelopment Agency. At 9:05 P.M., the City Council resumed with regular business. PUBLIC HEARING 17 Parades and Special Events on Public Property Ordinance — Approved Staff Recommendation 17.1 and 17.2 (4 -0 -1) — Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present — Council member Roberts was absent. RECOMMENDATION: 17.1 Introduce and read by title only an ordinance entitled: 4 ' ORDINANCE NO. 09-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AFFIRMING THE RIGHTS OF THE PEOPLE TO GATHER FOR EXPRESSIVE ACTIVITIES ON PUBLIC STREETS, SIDEWALKS, AND PARKS, ADDING CHAPTER 12.12 TO THE TEMECULA MUNICIPAL CODE ENTITLED PARADES AND SPECIAL EVENTS ON PUBLIC PROPERTY AND AMENDING SECTION 17.04.020 A. OF THE TEMECULA MUNICIPAL CODE PROVIDING THAT CHAPTER 17.04 APPLIES TO TEMPORARY USES AND SPECIAL EVENTS ON PRIVATE PROPERTY 17.2 Adopt a resolution entitled: RESOLUTION NO. 09-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE SPECIAL EVENT PERMIT FEE IN ACCORDANCE WITH CHAPTER 12.12 OF THE TEMECULA MUNICPAL CODE ENTITLED PARADES AND SPECIAL EVENTS ON PUBLIC PROPERTY CITY MANAGER REPORT CITY ATTORNEY REPORT 1 ADJOURNMENT At 9:14 P.M., the City Council meeting was formally adjourned to Thursday, August 20, 2009 at 7:00 P.M., for the purpose of a Workshop on Community Health Services, in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Next regular meeting: City Council Regular, Tuesday, August 25, 2009, at 5:30 P.M., for a Closed Session, with the regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. ,Mary4nn Edwards, Mayor ATTEST: ' ~an W./Jones, C City irk [SEAL]