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Home My WebLink About092711 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET SEPTEMBER 27, 2011 — 7:00 PM 6:00 P.M. = The City Council/Temecula Redevelopment Agency will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following�'matters: � 1) Conference with City Attorney. � pursuant to Government Code Section 54956.9(a) and (c) with respect to one matter of pending litigation in which the ' Gity and , the Redevelopment Agency of the City of Temecula will consider whether to file an amicus curiae brief with the Court. The title of the litigation is California Redevelopment Association et aL, Petitioners v. Ana Matosantos, as Director, et al. Respondents, California Supreme Court Case No. S194861 (redevelopment termination 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 defendant: The �title of the litigation is Eastern Municipal Wafer District v Cify of Temecula, Westside Business Center, et a/. defendants, Riverside County Superior Court Case No. RIC 1107937. � , 3) Conference with City Attorney . pursuant to Government Code Section 54956.9(b)-and (c) to decide whether to°initiate litigation on behalf of the City and the Temecula Financing Authority. WitM respect to such matter, the City Attocney has determined that based on existing facts , and 'circumstances a point_ has been reached where there is a significant exposure to litigation inyolving the City and Authority and a need to determine whether to initiate litigation. � � , Public Information concerning existing litigation between the City and various parties ma be acquired b reviewin the ublic documents held b the Cit Clerk. Next in Order: The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Ron Roberts Prelude Music: Bryce Russell Invocation: Rabbi Yitzchok Hurwitz of Chabad of Temecula Valley Action Minutes\092711 1 Flag Salute: Council Member Edwards ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PRESENTATIONS/PROCLAMATIONS Hands 4 Japan Presentation PUBLIC COMMENTS The following individuals addressed the City Council: • Michele Smith • Lee Mark • Wayne Hall CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; 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 (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: 2.1 Approve the action minutes of September 13, 2011. 3 List of Demands — Approved Staff Recommendation (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: 3.1 Adopt a resolution entitled: Action Minutes\092711 2 RESOLUTION NO. 11-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Financial Statements for the fiscal year ended June 30, 2011 (CityZ— Approved Staff Recommendation (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: 4.1 Receive and file the Financial Statements for the fiscal year ended June 30, 2011; 4.2 Approve an appropriation of $145,000 for Operating Transfers Out in the State Transportation fund and an offsetting $145,000 decrease for Operating Transfer Out in the State Gas Tax fund; 4.3 Approve an appropriation of $50,000 for Operating Transfers Out in the Supplemental Law Enforcement Services Fund (SLESF) budget, and an increase of $50,000 of Revenues in the Supplemental Law Enforcement Services Fund (SLESF). 5 Resolution authorizinq the Director of Public Works to certify the Riqht of Way on proiects involving the State of California Department of Transportation — Approved Staff Recommendation (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 11-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO CERTIFY THE RIGHT OF WAY ON PROJECTS AS REQUIRED BY THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 6 A�qroval of a Drainaqe Easement and a Temporary Construction Easement for the Citvwide Storm Drain Improvements at Calle Fiesta — Proiect No. PW10-07 — Approved Staff Recommendation (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: 6.1 Adopt a resolution entitled: Action Minutes\092711 3 RESOLUTION NO. 11- 65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DRAINAGE EASEMENT AGREEMENT AND GRANT OF TEMPORARY CONSTRUCTION EASEMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND REGENT NICOLAS 73, LLC IN CONNECTION WITH THE CITYWIDE STORM DRAIN IMPROVEMENTS — CALLE FIESTA, PROJECT NUMBER PW10-07 7 A�proval of a Conservation Easement for Environmental Mitiqation for French Vallev Parkwav / Interstate-15 Over-Crossing and Interchanqe Improvements — Project No. PW02-11 — Approved Staff Recommendation (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: 7.1 Approve, in substantially the form attached, the Conservation Easement encumbering APN 961-440-007 and of a portion of APN 961-440-012 in favor of the Western Riverside County Regional Conservation Authority. 8 Approval of a Conservation Easement for Ronald Reaqan Sports Park Desiltinq Basin Environmental Mitiqation Site — Project No. PW05-13 — Approved Staff Recommendation (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: 8.1 Approve the Conservation Easement, in substantially the form attached, for the Ronald Reagan Sports Park Desilting Basin Environmental Mitigation Site — Project No. PW05-13. 9 Authorization to Purchase a Replacement Backhoe — Approved Staff Recommendation (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: 9.1 Approve the purchase of a new John Deere Backhoe for the total amount of $113, 708.58. 10 Approval of Utility Aqreements with Southern California Edison, Verizon, and Eastern Municiqal Water District for French Vallev Parkway / Interstate-15 Over-Crossina and Interchange Improvements — Project No. PW02-11 — Approved Staff Recommendation (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval Action Minutes\092711 4 RECOMMENDATION: 10.1 Approve an agreement with Southern California Edison Company in an amount not to exceed $66,098.79 to relocate utilities for the French Valley Parkway / Interstate-15 Over-Crossing and Interchange Improvements Project; 10.2 Approve an agreement with Verizon California lnc. in an amount not to exceed $13,150.23 to relocate utilities for the French Valley Parkway / Interstate-15 Over-Crossing and Interchange Improvements Project; 10.3 Approve an agreement with Eastern Municipal Water District in an amount not to exceed $53,105 to relocate utilities for the French Valley Parkway / Interstate-15 Over-Crossing and Interchange Improvements Project. 11 Approval of Amendment No. 2 to the Professional Services Aqreement with Independent Roofinq Consultants (IRC) for additional services needed for the Old Town Civic Center — Project No. PW06-07 — Approved Staff Recommendation (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: 11.1 Approve Amendment No. 2 to the Professional Services Agreement with IRC Technologies, Inc., dba Independent Roofing Consultants (IRC) for additional services needed for the Old Town Civic Center — Project No. PW06-07, in the amount of $1,000. 12 Aqreement for Consultinq Services between the Citv of Temecula and RBF Consultinq for an Environmental Impact Report (EIR) for the Temecula Creek Inn Specific Plan — Approved Staff Recommendation (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: 12.1 Approve an agreement for Consultant Services with RBF Consulting in the amount of $268,250 to prepare an EIR for the Temecula Creek Inn Specific Plan. 13 Resolution of the Citv of Temecula to supqort the construction of a privatelv financed NFL stadium in the City of Industrv, California (requested bv Council Members Comerchero and Naqqar) — Approved Staff Recommendation (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval Action Minutes\092711 5 RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 11-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE CONSTRUCTION OF A PRIVATELY FINANCED STADIUM IN THE CITY OF INDUSTRY, CALIFORNIA 14 Aqreement for fundinq the acauisition of open space proqertv (Assessor's Parcel No. 940-140-010 — Alan T. and Patricia S. Oto propertv) between Western Riverside Countv Reqional Conservation Authority and the City of Temecula — Approved Staff Recommendation (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: 14.1 Approve the funding agreement for acquisition of open space parcel (Assessor's Parcel No. 940-140-010 — Alan T. and Patricia S. Oto property) between the Western Riverside County Regional Conservation Authority (RCA) and the City of Temecula in the amount of $135,000. 15 Approval of Resolution Desiqnatinq the Citv of Temecula as Successor Aqencv to the Temecula Redevelopment Aqency — Approved Staff Recommendation (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 11-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING AN ELECTION IN CONNECTION WITH SERVING AS A SUCCESSOR AGENCY UNDER PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH 16 A nonbindinq resolution of the City Council declarinq its intent to adopt an ordinance to compl with Part 1.9 of Division 24 of the California Health and Safetv Code after October 1 2011 for the establishment of the Alternative Voluntarv Redevelopment Proaram under ABX1 27 — Approved Staff Recommendation (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: Action Minutes\092711 6 16.1 Adopt a resolution entitled: RESOLUTION NO. 11-68 A NONBINDING RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENT TO ADOPT AN ORDINANCE TO COMPLY WITH PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AFTER OCTOBER 1, 2011, AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH 17 Support of Senate Bill 946 (at the request of Council Member Naqqar) — Approved Staff Recommendation (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 11-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUPPORT SENATE BILL 946 (STEINBERG) WHICH WILL REQUIRE PRIVATE INSURANCE COMPANIES TO COVER AUTISM TREATMENT 18 Professional Services Aqreement for Graphic Art and Marketinq — Approved Staff Recommendation (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: 18.1 Approve a professional services agreement for graphic art and marketing with Ann Howell Design in the amount of $33,619.30; 18.2 Authorize the City Manager to approve additional work not to exceed the contingency amount of $3,362, which is equal to 10% of the agreement amount. At 7:34 P.M., the City Council convened as the Temecula Community Services District, the Redevelopment Agency, the Temecula Public Financing Authority, and the Temecula Public Financing Authority. At 7:39 P.M., the City Council resumed with regular business. CITY COUNCIL BUSINESS 28 Determination whether the Citv should participate in the "Alternative Voluntarv Redevelopment Proqram," make the required payments to the State of California and continue redevelopment activities under ABX1 27 — 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 Action Minutes\092711 7 RECOMMENDATION: 28.1 Consider the foregoing facts and analysis and determine that the City and Agency will participate in the Alternative Voluntary Redevelopment Program established by ABX1 27; 28.2 Agree to comply with Part 1.9 of Division 24 of the California Health and Safety Code; 28.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 11-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO COMPLY WITH PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH FOR THE ESTABLISHMENT OF THE ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM UNDER ABX1 27 28.4 Direct staff to prepare and present at a future City Council meeting the recommended adjustments to the City budget necessary to make the required ABX1 27 payment for FY 2011-12 and a transfer agreement between the City and Agency. City Attorney Thorson introduced and read by title only Ordinance No. 11-07. DEPARTMENTAL REPORTS 29 Planning Department Monthly Report 30 Economic Development Department Monthly Report 31 Citv Council Travel/Conference Report — September 2011 32 Public Works Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that with regard to Item No. 1, the City Council unanimously authorized the filing of an amicus curiae brief on behalf of the City and several other cities in the Redevelopment termination litigation called California Redevelopment Association, et al., v, Ana Matosantos, as Director of Finance, et al. As to Item Nos. 2 and 3, City Attorney Thorson reported that there were no reportable actions, noting that Council Member Comerchero did not participate in the discussion of Item No. 3 because he is the owner of property near the subject property of discussion. Action Minutes\092711 8 ADJOURNMENT At 8:02 P.M., the City Council meeting was formally adjourned to Tuesday, October 11, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. *** In Memory of Bruce Beers �* Ron Roberts, Mayor ATTEST: li(J. Susan . Jones MMC City CI rk SEA Action Minutes\092711 9