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Home My WebLink About112310 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE NOVEMBER 23, 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 #o which the City is a defendant. The title of the litigation is Alissa Gross et al. v. Landscape Structures, Inc, and City of Temecula, Riverside County Superior Court Case No. RIC 538128 (tort litigation). � 2) 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, Inc., et. al., Riverside County Superior Court Case No. RIC 541908 (Old Town Community Theater construction litigation). 3) Conference with City Attorney pursuant to Government Code Section 54956.9(b) with respect to one matter of potential litigation. With respect to such matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litiga#ion involving the City and City related entities based on existing facts and circumstances. 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. 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 City Council meeting to order and recessed the meeting to Closed Session to consider the matter described on the Closed Session agenda. The City Council meeting convened at 7:05 P.M. CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: John Shaw Invocation: Pastor John Wells of Mountain View Community Church Action Minutes\112310 1 Flag Salute: Council Member Washington ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero PRESENTATIONS/PROCLAMATIONS Introduction of California Hiqhwav Patrol Commander Ernie Sanchez Presentation to the Citv bv the Riverside Countv Office of Aqinq - recoqnizinq the Senior Center Eleventh Annual Communitv Candleliqht Tribute Proclamation PUBLIC COMMENTS Wayne Hall addressed the City Council with regard to the legal use of wood burning stoves. CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Edwards; 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. 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 approval with the exception of Council Member Edwards who abstained RECOMMENDATION: 2.1 Approve the action minutes of November 9, 2010. Item No. 3 was considered after the discussion of City Council Business Item No. 19. 3 Chanqe in Location for the Citv Council Meetinqs - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: Action Minutes\112310 2 RESOLUTION NO. 10- 84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING A NEW LOCATION FOR CITY COUNCIL MEETINGS 4 List of Demands - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 10-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 5 Communitv Service Fundinq Proqram for Fiscal Year 2010-11 — continued off calendar -(4-1-0) — Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Naggar who voted no. RECOMMENDATION: 5.1 Review and approve the fiscal year 2010-11 Community Service Funding Program grants pursuant to the attached spreadsheet outlining the Ad Hoc Subcommittee's recommendations of $47,000 to 15 organizations. The following individual addressed the Council Members with regard to this item: • Electra Demos - Assistance League of Temecula Valley • Martha Minkler - H.E.A.R.T. for Children • Anne Unmacht - Project T.O.U.C.H. • Gayle Kreager - Project T.O. U. C. H. 6 General Liabilitv Insurance Renewal - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Approve the insurance policy renewal for general and excess liability insurance with St. Paul Fire and Marine Insurance Company and Ironshore Specialty Insurance Company, in the amount $204,284, for the period of December 1, 2010 through December 1, 2011. Action Minutes\112310 3 7 Aareement establishinq the Twin Cities of Southern California Marketinq Partnership between the cities of Murrieta and Temecula (at the reauest of the Temecula/Murrieta Subcommittee, NaqaarM/ashinpton) - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 10-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE "AGREEMENT ESTABLISHING THE TWIN CITIES OF SOUTHERN CALIFORNIA MARKETING PARTNERSHIP BETWEEN THE CITIES OF MURRIETA AND TEMECULA" Assistant City Manager Adams provided a brief overview of this program (as per agenda material). 8 Substitute Aqreements and Bonds for Public Improvements in Tract No. 24188-3 (located southwesterlv of the intersection of Pauba Road and Butterfield Staqe Road) - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Accept substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map 24188-3; 8.2 Accept substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map 24188-3; 8.3 Authorize the release of the existing Faithful Performance, Labor & Materials, and Monumentation Bonds for Tract Map 24188-3; 8.4 Direct the City Clerk to so advise the developer and surety. Action Minutes\112310 4 9 Reqional Water Qualitv Control Board Tentative Order Appeal Authoritv - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Authorize the City Manager to submit an appeal of the San Diego Regional Water Quality Control Board's adoption of Tentative Order R9-2010-0016, covering NPDES waste discharges from the Municipal Separate Storm Sewer Systems (MS4s), to the State Water Resources Control Board within the 30-day appeal period. 10 Piano Donation - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Approve the Agreement between the City of Temecula and the Theater Foundation accepting the donation of a Steinway Model "O" Piano for the Merc. Lisa Ferguson, Executive Director of the Temecula Valley Theater Foundation, commented on the campaign and donation efforts undertaken to achieve this piano donation. At 7:55 P.M., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 8:06 P.M., the City Council resumed with regular business. CITY COUNCIL BUSINESS 19 Public/Traffic Safetv Commission Appointments - Approved Subcommittee's Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Edwards to reappoint Tomi Arbogast and to appoint Gilbert Duke and electronic vote reflected unanimous approval. RECOMMENDATION: 19.1 Appoint two applicants to serve full three-year terms on the Public/Traffic Safety Commission through October 10, 2013. CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that under the Brown Act, there was nothing to report from the Closed Session. Action Minutes\112310 5 ADJOURNMENT At 8:18 P.M., the City Council meeting was formally adjourned to Tuesday, December 14, 2010, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. *** Adjourned in the Memory of Ryan Bonaminio *** � . \ _ - �" / Jeff Comerchero, Mayor ATTEST: Susan W Jone , MMC City Cler Action Minutes\112310 6