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HomeMy WebLinkAbout121112 CC Action Minutes ACTION MINUTES . TEMECULA CITY COUNCIL AN ADJOURNED REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET DECEMBER 11, 2012 — 7:00 PM 5:00 P.M. — The Gity Council convened in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) The Council will meet in closed session to consider the appointment of an interim city manager pursuant to Government Code Section 54957. 2) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding reaF property negotiations for completion of the acquisition of the real property commonly known as 27498 Enterprise Circle West, Temecula, California and identified as Assessor's Parcel Number 921-480-020 in connection with the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, Project Number PW00-26. The negotiating parties are the City of Temecula and Ruben Valloza dba Audio Evolution. The City's negotiators are Greg Butler and Amer Attar. � Under negotiation are . the price and terms of acquisition of the propertY• 3) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding real property negotiations for completion of the acquisition of � the real property commonly known as 27499 Commerce Center Drive, Temecula, California and identified as-Assessor's Parcel Number 921-480-031 in connection with the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, Project Number PW00-26. .The negotiating parties are the City of Temecula and Jim and Terri McGill dba Ranch Muffler. The City's negotiators are Greg Butler and Amer Attar. Under negotiation are the price and terms of acquisition of the property. 4) Council will meet in closed session with the 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 Water Districf v. City of Temecula, Westside Business Center, et al. defendants, , Riverside County Superior Court Case No. RIC 1107937. , Action Minutes 121112 1 5) The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(b) with respect to two matters of potential litigation. With respect to such matters, the City Attorney has determined that based on existing facts and circumstances a point has been �eached where there is a significant exposure to litigation involving the City. 6) The City Council will meet in closed session with the City Attorney pursuant to " Government Code Section 54956:9(b) and (c) with respect to a matter of potential litigation and will discuss whether to initiate litigation against a certain defendants. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City and the Successor Agency to the Temecula Redevelopment Agency. 7) The City Council will meet in closed session with City Attorney � pursuant to Government Code Section 54956.9(a) with respecf to the following matter of pending litigafion concerning the Certified EIR for the Liberty Quarry p�oject to which the City is the Plaintiff/Petitioner: "City of Temecula v. County of Riverside„ et, al., Granife Consfruction Ca et, aL, real party in interest" Riverside County Superior Court No. RIC 1211312 8) The City Council will meet in closed session with City Attorney pursuant to Government Code $ection 54956.9(a) with respect to the following matter of pending litigation concerning the Riverside County Fast Track Policy.to which the City is the Plaintiff/Petifioner: "City of Temecula v. County of Riverside, et. al.," Riverside County Superior Court No. RIC 1215119. 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 5:00 P.M., Mayor Washington called the City Council meeting to order and recessed to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:05 P.M. CALL TO ORDER: Mayor Chuck Washington Prelude Music: Chaparral High School Choir Invocation: Pastor Tiffany Baker of The Empowerment Center Flag Salute: Council Member Edwards ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington Action Minutes 121112 2 PRESENTATIONS/PROCLAMATIONS . Pechanqa Pu'eska Mountain Dav Proclamation Certificate of Achievement presented to Great Oak Girls Cross Countrv State Chamqions PUBLIC COMMENTS The following individuals addressed the City Council: � • George Rombach • Sam Alhadeff • Howard Omdahl CITY COUNCIL REPORTS 1 Declaration of Results of November 6, 2012 Municipal Election — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: � 1.1 Adopt a resolution entitled: • RESOLUTION NO. 12-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 6, 2012, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW CONSENT CALENDAR 2 Standard Ordinance and Resolution Adoqtion Procedure — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. , 3 Action Minutes — Approved Staff Recommendation (3-0-2, Council Member Comerchero and Roberts abstained) Council Member Naggar made the motion; it -- was seconded by Council Member Edwards; and electronic vote reflected ' approval with two abstentions. Council Member Comerchero and Council , Member Roberts did not attend the November 27, 2012 City Council Meeting and therefore abstained. Action Minutes 121112 3 RECOMMENDATION: 3.1 Approve the action minutes of NoVember 27, 2012. 4 List of Demands — Approved Staff Recommendation (5-0-0) Council Member Naggar 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. 12- 82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A � 5 Citv Treasurer's Report as of October 31, 2012 — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Approve and file the City Treasurer's Report as of October 31, 2012. 6 Financial Statements for the Three Months Ended September 30, 2012 — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Receive and file the Financial Statements for the Three Months Ended September 30, 2012. 7 Union Bank Bankinq Services — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Approve a five-year agreement of the City's contract for banking services with Union Bank, N.A.; 7.2 Authorize the Acting City Manager and City Attorney to execute all necessary agreements. 8 Approval of Fair Political Practices Form 806 Reaardina the Appointment of Citv Council Members to Compensated Positions on Reaional Boards — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. Action Minutes 121112 4 RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 12-83 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FAIR POLITICAL PRACTICES COMMISSION FORM 806 REGARDING THE APPOINTMENT OF COUNCIL MEMBERS TO COMPENSATED POSITIONS 9 Approval of Emqlovment Aqreement with Aaron Adams — Approved Staff Recommendation appointing Aaron Adams as Interim City Manager (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. City Council by unanimous vote appointed Aaron Adams the Interim City Manager for the City of Temecula and to have his employment agreement be changed to read Interim City Manager from Acting City Manager. RECOMMENDATION: 9.1 Approve the Employment Agreement for Aaron Adams. 10 Acceptance of a Declaration of Dedication for "Public Service Use" within existinq Jedediah Smith Road Riqht-of-Way — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 12-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A DECLARATION OF DEDICATION FOR "PUBLIC SERVICE USE" WITHIN EXISTING JEDEDIAH SMITH ROAD RIGHT-OF-WAY 11 Approval of Real Propertv Interest Purchase Agreement for acauisition of propertv from Metroqolitan Water District for Western Bvpass Bridae Proiect, PW06-04 — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 12-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THOSE CERTAIN AGREEMENTS ENTITLED REAL PROPERTY INTEREST PURCHASE AGREEMENT AND ENTRY PERMIT, AND JOINT Action Minutes 121112 5 ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA IN CONNECTION WITH THE WESTERN BYPASS BRIDGE — PROJECT NUMBER PW06-04 11.2 Authorize the Acting City Manager to approve and execute any necessary documents and to take all necessary actions to complete this acquisition, including without limitation, all escrow instructions; 11.3 Authorize the Acting Chief Financial Officer to issue a warrant for the sum of $6,430 plus escrow fees for deposit with the Escrow Holder First American Title Insurance to complete the transaction. Escrow fees are estimated to not exceed $2,000. 12 Parcel Map 36439 (located on the north side of Temecula Parkwav east of Marqarita Road — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 12.1 Approve Parcel Map 36439 in conformance with the Conditions of Approval; 12.2 Approve the Subdivision Monument Agreement and accept the Cash Deposit Agreement for Monumentation as security for this agreement. 13 Award of a Construction Contract for the Roripauqh Ranch Street Improvements Phase II, PW09-02 — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. City Attorney Thorson reported that Council Member Comerchero, Mayor Pro Tem Naggar and Mayor Washington do not have conflicts of interest and may participate. Although they have an interest with the managing member of Europa Vineyard Estates property which is nearby, the Fair Political Practices Commission (FPPC) said they do not have a Conflict of Interest and may participate in the construction of this stretch of road. The project that is being approved does not go past La Serena so it does not touch the western edge of the property but is within 500 feet. RECOMMENDATION: 13.1 Award the construction contract for Roripaugh Ranch Street Improvements Phase II, Project No. 09-02, to Hillcrest Contracting, Inc. in the amount of $6,167,947.35 for the base bid and $281,340 for Additive Bid No. 1 for a total contract amount of $6,449,287.35; 13.2 Authorize the Acting City Manager to approve change orders not to exceed the contingency amount of $644,928 which is equal to 10% of the total contract amount; 13.3 Approve in substantially the form attached the Reimbursement Agreement with Rancho California Water District (RCWD) for improvements to their facilities (Additive Bid No. 1) to be completed as part of this project; Action Minutes 121112 6 13.4 Authorize the Acting City Manager to approve the Reimbursement Agreement with RCWD for improvements to their facilities undertaken as part of this project; 13.5 Authorize payment of $322,464.37, which is equal to 5% of the cost of construction for the Multiple Species Habitat Conservation Plan (MHSCP). 14 Aqreement for Geotechnical, Material Testinq and Special Insqection for the Roripauqh Ranch Street Improvements, Phase II, PW09-02 - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 14.1 Approve an agreement with Leighton Consulting, Inc. to provide professional geotechnical, material testing and special inspection services associated with Roripaugh Ranch Street Improvements, Phase II, PW09-02, in the amount of $195,000; 14.2 Authorize the Acting City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $19,500, which is equal to 10% of the agreement amount. 15 Acceptance of Improvements and Notice of Completion for Citvwide Concrete Repairs — Fiscal Year 2010-11, PW11-03 — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 15.1 Accept the construction of the Citywide Concrete Repairs — Fiscal Year 2010-11, PW11-03, as complete; 15.2 Direct the City Clerk to file and record the Notice of Completion, and release the Performance Bond and the Labor and Materials Bond. 16 A�proval of an Aareement for Purchase of Eauipment — Theater Enerctv Efficient Liqhtinct, PW12-18 - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 16.1 Approve an agreement for purchase of equipment with Sacramento Theatrical Lighting, Ltd. in the amount of $222,054.45. Action Minutes 121112 7 17 Clarification of Resolution No. 12-08, Acceptance of Certain Public Streets within Parcel Map No. 28473 into the Citv-Maintained Svstem (Via lndustria between Roick Drive and Rio Nedo — Approved Staff Recommendation (4-0-1, Mayor Washington abstained) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval, with one abstention. Mayor Washington did not participate because the business in which he has an interest, California T's, is subject to the acceptance of that street. Since it is on the Consent Calendar and was not pulled, Mayor Washington did not leave the dais. 17.1 Adopt a resolution entitled: RESOLUTION NO. 12-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CLARIFYING AND CONFIRMING THE LIMITED SCOPE OF THE ACCEPTANCE OF CERTAIN PUBLIC STREETS INTO THE CITY- MAINTAINED SYSTEM (WITHIN PARCEL MAP NO. 28473) EFFECTUATED BY CITY OF TEMECULA RESOLUTION 12-08 RECESS At 8:39 P.M., the City Council recessed and convened as the Temecula Community Services District and the Successor Agency to the Temecula Redevelopment Agency Meetings. At 8:44 P.M., the City Council resumed with regular business. PUBLIC HEARING 24 AB 1600 Financial Reports — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 24.1 Approve the AB 1600 Financial Reports for fiscal year ending June 30, 2012. By way of Power Point presentation, Revenue Manager, Rudy Graciano presented the staff report as per the Agenda Material. Action Minutes 121112 8 / CITY COUNCIL BUSINESS 25 Appointment of Mavor and Mavor Pro Tem for Calendar Year 2013 — Council Member Comerchero made the motion to appoint Mike Naggar to serve as Mayor for Calendar Year 2013; and Maryann Edwards to serve as Mayor Pro Tem through Calendar Year 2013; The motion was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. (5-0-0) RECOMMENDATION: 25.1 Entertain motions from the City Council Members to appoint the Mayor, effective January 1, 2013, to preside until the end of Calendar Year 2013; 25.2 Entertain motions from the City Council Members to appoint the Mayor Pro Tem, effective January 1, 2013, who will assume the duties of the Mayor in the Mayor's absence, and hold this office until the end of the Calendar Year 2013. DEPARTMENTAL REPORTS 26 Public Works Deqartment Monthly Report 27 Citv Council Travel/Conference Report - November 2012 CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson reported that with respect to Item 1, City Council unanimously appointed Aaron Adams as the Interim City Manager. With respect to Item 2 and Item 3, City Council gave direction to staff for the negotiation of real property and final action would go back to City Council in open session. With respect to Item 4, Mayor Washington did not participate because his business in which he has an interest, California T's, is near the area involving that item, City Council did give direction to staff on this item, however, there is no reportable action. With respect to Item 5, there is no reportable action under the Brown Act. With respect to Item 6, City Council initiated litigation and directed the Office of Richards, Watson and Gershon to file litigation against the State of California, specifically the Department of Finance. With respect to Item 7 and Item 8, City Council gave direction to Richards, Watson and Gershon, however, there is no reportable action under the Brown Act. � Action Minutes 121112 9 ADJOURNMENT At 8:54 P.M., the City Council meeting was formally adjourned to Tuesday, January 8, 2013, 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 Honor of Pu'eska Mountain *** `� Y v l � Chuck Washington, Mayor ATTEST: Susan . ones, MMC City CI k ` [SEAL] Action Minutes 121112 10