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Home My WebLink About101210 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE OCTOBER 12, 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 "In the-Matter of the Ap'plication . of. SOUTHERN CALIFORNIA. EDISON COMPANY (U338E) for a Permit to. Construct Electrical Facilities With Voltages Between 50kV and 200k: Triton Substation:Project. With respect to such matter, the City-Council will` also meet pursuant to Government Code Section 54956.9(c) to decide whether . to�initiate litigation. � 2) � Conference with City Attorne.y pursuant to Government Code :Section ,: �..).` p , ... p g g � 54966.9 a with res ect to one,matter of = endin liti ation �to which the Ci , is a plaintiff: The title of the litigafion is City� of Temecula, et. al. v. Tovey/Shultz Construction, Inc., et: al., Riverside County.. Superior ;Court Case No. RIG 541908 (OId Town Community Theater construction iitigation). • � " � 3) Conference with City Atforney pursuant to �Government� Code Section 54956.9(a) with respect to one matter of litigation to which the City is� the plaintiff, The �title of the litigation is City of Temecula, -v. Pechanga� Band .of Luiseno Indians, et. al., United States Distric# Court, Central District Of California - Eastern Division, Case No. CV 10-0378. Public ,Inform_ation 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 City Council meeting to order and recessed the meeting to Closed Session to consider the matters described on the Closed Session agenda. It was noted by City Attorney Thorson that City Manager Nelson would not participate, nor be in the room, in the discussion of the Southern California Edison Company — Triton Substation Project. The City Council meeting convened at 7:00 P.M. Action Minutes\101210 1 CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Joshua Jurkosky Invocation: Pastor Tony Foster of True Vine Pentecostal Church Flag Salute: Council Member Naggar ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero Absent: Washington PRESENTATIONS/PROCLAMATIONS Colonial Heritaqe Month Proclamation Red Ribbon Week Proclamation The Gas Companv's Safetv Tips Presentation PUBLIC COMMENTS The following individuals addressed the City Council: • Mike Lerma - Temecula - request for a crosswalk in front of Great Oak High School • Cynthia Lobb - Temecula - need for a crosswalk in front of Great Oak High School • Raqual Marquez - Temecula - crosswalk in front of Great Oak High School • Wayne Hall - Temecula - addressed the urgency of addressing the issues pertaining to Rancho Springs and Inland Valley Hospitals CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (4-0-1) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with the exception of Council Member Washington who was absent. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Action Minutes\101210 2 2 Action Minutes - Approved Staff Recommendation (4-0-1) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with the exception of Council Member Washington who was absent. RECOMMENDATION: 2.1 Approve the action minutes of September 28, 2010. 3 List of Demands - Approved Staff Recommendation (4-0-1) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with the exception of Council Member Washington who was absent. RECOMMENDATION: 3:1 Adopt a resolution entitled: , RESOLUTION NO. 10-70 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 Auqust 31, 2010 - Approved Staff Recommendation (4-0-1) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with the exception of Council Member Washington who was absent. RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of August 31, 2010. 5 Caltrans Multi-Jurisdictional Transportation Planninq Grant - Approved Staff Recommendation (4-0-1) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with the exception of Council Member Washington who was absent. RECOMMENDATION: 5.1 Increase estimated General Fund Grant Revenue by $248, 200; 5.2 Appropriate $248,200 from the General Fund Grant Revenue to the Planning Department; . 5.3 Adopt a resolution entitled: Action Minutes\101210 3 RESOLUTION NO. 10-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A COMMUNITY BASED TRANSPORTATION PLANNING GRANT FROM THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 6 Fourth Amendment to the Aqreement with AAE, Inc. for the desian of the Temecula Park and Ride Pro'ect No. PW06-09 - Approved Staff Recommendation (4-0-1) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with the exception of Council Member Washington who was absent. RECOMMENDATION: ' 6.1 Approve the Fourth Amendment to the agreement between the City of Temecula and AAE, Inc. for additional design services in the amount of $9,110 for the Temecula Park and Ride, Project No. PW06-09. 7 Approval of a Professional Services Aqreement for Citvwide Pavement Rehabilitation — FY 2010-11, Proiect No. PW10-05 - Approved Staff Recommendation (4-0-1) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with the exception of Council Member Washington who was absent. RECOMMENDATION: 7.1 Approve the Professional Services Agreement with Harris & Associates in an amount not to exceed $298,937 for the preparation and development of the Plans, Specifications, and Estimate for the Citywide Pavement Rehabilitation — FY 2010-11, Project No. PW10-05; 7.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $29,893.70, which is equal to 10% of the agreement amount. 8 TEAM Communitv Pantnr License Aqreement - Approved Staff Recommendation (4-0-1) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with the exception of Council Member Washington who was absent. RECOMMENDATION: 8.1 Approve the License Agreement between the City of Temecula and TEAM Evangelical Assistance Ministries of Rancho-Temecula, a California non-profit corporation DBA TEAM Community Pantry for use of City Real Property; Action Minutes\101210 4 8.2 Approve the First Amendment to "License Agreement between the City of Temecula and TEAM Evangelical Assistance Ministries of Rancho-Temecula, a California non-profit corporation DBA TEAM Community Pantry for Use of City Real Property", for the interim facility. At 7:37 P.M., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:40 P.M., the City Council resumed with regular business. CITY COUNCIL BUSINESS 11 Amendment of the California Buildina Codes - Approved Staff Recommendation (4-0-1) — Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Washington who was absent. RECOMMENDATION: 11.1 Set the public hearing for consideration of the Building Code Ordinance for November 9, 2010 and direct the City Clerk to publish notice as required by law; 11.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 10-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING BY REFERENCE THE 2010 EDITION OF THE CALIFORNIA BUILDING CODE; THE 2010 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE 2010 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 2010 EDITION OF THE CALIFORNIA ELECTRICAL CODE; THE 2010 EDITION OF THE CALIFORNIA ADMINISTRATIVE CODE; AND THE 2010 CALIFORNIA ENERGY CODE, 2010 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2010 CALIFORNIA REFERENCED STANDARDS CODE, 2010 CALIFORNIA RESIDENTIAL CODE, TOGETHER WITH CERTAIN AMENDMENTS AND DELETIONS, AND AMENDING TITLE 15 OF THE TEMECULA MUNICIPAL CODE 12 Amendment of the California Fire Code - Approved Staff Recommendation (4-0-1) — Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with the exception of Council Member Washington who was absent. RECOMMENDATION: 12.1 Set the public hearing for consideration of the Fire Code Ordinance for November 9, 2010 and direct the City Clerk to publish notice as required by law; 12.2 Introduce and read by title only an ordinance entitled: Action Minutes\101210 5 ORDINANCE NO. 10-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING BY REFERENCE THE 2010 EDITION OF THE CALIFORNIA FIRE CODE BASED ON THE 2009 INTERNATIONAL FIRE CODE, IN ITS ENTIRETY, REGULATING AND GOVERNING THE SAFEGUARD OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF TEMECULA, INCLUDING CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS, AND PROVIDING FOR THE • ISSUANCE OF PERMITS AND THE COLLECTION OF FEES CITY MANAGER REPORT CITY ATTORNEY REPORT Although there was no action to report from Closed Session, City Attorney Thorson advised that City Manager Nelson did not participate, nor was in the room, with regard to Closed Session Item No. 1(Southern California Edison Company — Triton Substation Project) due to his wife being an employee of Southern California Edison. ADJOURNMENT At 7:53 P.M., the City Council meeting was formally adjourned to Tuesday, October 26, 2010, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. / � _ Jeff Comerchero, Mayor ATTEST: � Susan . ones, MMC City CI k Action Minutes\101210 6