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Home My WebLink About041310 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE APRIL 13, 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 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 Daniel D. Sorenson vs. City of Temecula, et. al.. Riverside County Superior Court Case No. RIC 526355 (tort damages litigation). 2) Conference, with real property negotiators pursuant to Government Code Section 54956.8 regarding one parcel of real property owned by the Temecula Redevelopment Agency consisting of approximately 19.7 acres (part of APN 909 - 370 -002) located northwesterly of Diaz Road and Dendy Parkway. The parties to the negotiations for an amendment to the terms of sale of this property are: Temecula Water Park L.P. (aka Clearwater Development) and the Temecula Redevelopment Agency. Negotiators for the Temecula Redevelopment Agency are: Bob Johnson, Patrick Richardson, and Luke Watson. Under negotiation is an amendment to the purchase and sale agreement concerning the terms the sale of the property. 3) Conference with City Attorney pursuant to Government Code Section 54956.9(b) and (c) with respect to one matter of potential litigation. With respect to such matter, the City Council will meet pursuant to Government Code Section 54956.9(c) to decide whether to initiate litigation. With respect to such matter, the City Council will also meet pursuant to Government Code Section 54956.9(b) to discuss potential litigation arising from this matter. The City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and City related entities based on existing facts and circumstances. 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 Closed Session meeting to order. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Jacob Dunford 1 Invocation: Pastor Bill Rench of Calvary Baptist Church of Temecula Flag Salute: Council Member Naggar ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero Absent: Roberts PRESENTATIONS /PROCLAMATIONS Certificate of Appreciation to Rotary Club of Temecula Child Abuse Prevention Month Proclamation Certificate of Congratulations — Rancho Jumpers PUBLIC COMMENTS The following individuals addressed the City Council: • Phil Bailey — 36150 Pauba Road - Temecula Valley Museum — Friends of the Museum Event • Rudy Navarro - 40217 Benwood Court - Introduction to 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 of those present with Council Member Roberts 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 Edwards; and electronic vote reflected unanimous approval of those present with Council Member Roberts absent. RECOMMENDATION: 2.1 Approve the action minutes of March 23, 2010. 2 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 of those present with Council Member Roberts absent. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 10 -29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of February 28, 2010 - 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 of those present with Council Member Roberts absent. RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of February 28, 2010 5 Energy Efficiency and Conservation Block Grant Funds - 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 of those present with Council Member Roberts absent. RECOMMENDATION: 5.1 Receive and file. 6 Mary Phillips Senior Center Parking Lot Lease - 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 of those present with Council Member Roberts absent. RECOMMENDATION: 6.1 Approve the Parking Lot Lease with the State of California for the Mary Phillips Senior Center effective through March 23, 2018. 3 7 Substitute Agreements and Bonds for Public Improvements in Tract No. 23064 (located northeasterly of the intersection of Deer Hollow Road and Peppercorn Drive - 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 of those present with Council Member Roberts absent. RECOMMENDATION: 7.1 Accept substitute Subdivision Improvement Agreements and Subdivision Faithful Performance and Labor & Materials Bonds as security for improvements and labor and materials for Tract Map No. 23064; 7.2 Accept substitute Subdivision Monument Agreements and Subdivision Monument Bonds as security for monumentation for Tract Map No. 23064; 7.3 Authorize the release of the existing Faithful Performance, Labor & Materials, and Monumentation Bonds for Tract Map No. 23064; 7.4 Direct the City Clerk to so advise the developer and surety. 8 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Citywide Concrete Repairs, FY 2009 -10 - Proiect No. PW10 -02 - 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 of those present with Council Member Roberts absent. RECOMMENDATION: 8.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Concrete Repairs, FY 2009 -10 — Project No. PW10 -02. 9 Authorize Temporary and Partial Street Closures for the 2010 Temecula Rotary Club Triathlon (within the Redhawk Area) - 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 of those present with Council Member Roberts absent. RECOMMENDATION: 9.1 Receive and file the following proposed action by the City Manager: Temporarily close certain streets for the `2010 TEMECULA ROTARY CLUB TRIATHLON EVENT'. 4 10 Police Department Asset Forfeiture Account Purchases - 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 of those present with Council Member Roberts absent. RECOMMENDATION: 10.1 Approve the purchase of Police equipment for a total amount of $5,300 with asset forfeiture funds held by the County of Riverside Sheriff's Department. 11 Second Amendment to Agreement for Plan Check Review Services with Tom Haney for FY 2009 -10 - 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 of those present with Council Member Roberts absent. RECOMMENDATION: 11.1 Approve a Second Amendment to the agreement for Plan Check Review Services with Tom Haney in the amount of $5,500 for a total agreement amount of $65,500. 12 Approve the Sponsorship Request for the 2010 Temecula Valley International Film and Music Festival - 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 of those present with Council Member Roberts absent. RECOMMENDATION: 12.1 Approve the Event Sponsorship Agreement in the amount of $45,900 for the 2010 Temecula Valley International Film and Music Festival and authorize the Mayor to execute the Agreement. 13 Award a contract for the Old Town Civic Center (OTCC) Audiovisual Project - 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 of those present with Council Member Roberts absent. RECOMMENDATION: 13.1 Award a contract with Western Audio Visual Corp. for the Old Town Civic Center Audiovisual project in the amount of $869,545.57 and authorize the Mayor to execute the contract; 13.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $86,955, which is equal to 10% of the contract amount. 5 14 Second Reading of Ordinance No. 10 -07 - 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 of those present with Council Member Roberts absent. RECOMMENDATION: 14.1 Adopt an ordinance entitled: ORDINANCE NO. 10 -07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE FAMILY DAYCARE REQUIREMENTS TO BE CONSISTENT WITH STATE LAW, UPDATE PUBLIC NOTICING REQUIREMENTS, REQUIRE A CONDITIONAL USE PERMIT FOR CERTAIN WINE TASTING ESTABLISHMENTS, MODIFY SIGN PROGRAM REGULATIONS, CLARIFY GOVERNMENTAL EXEMPT SIGNS, STREAMLINE EXTENSION OF TIME APPLICATION REQUIREMENTS, REMOVE THE TERM "GRANNY FLAT," REVISE GUEST HOUSE REQUIREMENTS, AND MAKE OTHER MINOR CLARIFICATIONS OR TYPOGRAPHICAL CORRECTIONS (LONG RANGE PLANNING PROJECT NO. LR09 -0001) CITY COUNCIL BUSINESS 21 Amendment to Chapter 2.56 of the Temecula Municipal Code Relating to Emergency Organization and Functions (at the Request of Council Member Edwards) - 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 of those present with Council Member Roberts absent. RECOMMENDATION: 21.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 10 -08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 2.56 OF THE TEMECULA MUNICIPAL CODE RELATING TO EMERGENCY ORGANIZATION AND FUNCTIONS As per agenda material (of record), Deputy City Manager Yates presented an overview of the recommendation and proposed changes. Expressing her support of the proposed ordinance, Jane Lauhon, Temecula, addressed the City Council. City Attorney Thorson read and introduced Ordinance No, 10 -08. 6 CITY MANAGER REPORT CITY ATTORNEY REPORT With respect to the Closed Session item, City Attorney Thorson advised that there was no action to report. ADJOURNMENT At 7:37 P.M., the City Council meeting was formally adjourned to Tuesday, April 27, 2010, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Mayor ATTEST: l�l_J• Susan W Jone �7 City Cler [SEAL] 7