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Home My WebLink About032409 CC Action Minutes ' ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE MARCH 24, 2009 - 7:00 PM 6:00 P.M. - Closed Session of the City Council/Redevelopment Agency pursuant to Government Code Section: 1) Conference with Attorney pursuant to Government Code Section 54956.9(a), (b) and (c). The Council will meet pursuant to Government Code Section 54956.9(a) with respect to the following four matters of actual litigation pertaining to the Roripaugh Ranch Project in which the City of Temecula ("City") and Temecula Public Financing Authority ("Authority") are defendants: (1) R.J. Noble v. Ashby USA, City, Authority et. al. (Riverside Superior Court Case No. RIC 480922); (2) Riverside Construction Co. v. Ashby USA, City, Authority et. a/. (Riverside Superior Court Case No. RIC 484179); (3) Utah Pacific Construction Co. Ashby USA, City, Authority et. al. (Riverside Superior Court Case No. RIC 485802); and (4) Klaer Brittain, Inc. Ashby USA, City, Authority et. al. ' (Riverside Superior Court Case No. RIC 506084). Additionally conference with City Attorney pursuant to Government Code Section 54956.9(b) and (c) with respect to one additional matter of potential litigation involving the Roripaugh Ranch Project in which the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City based on existing facts and circumstances and pursuant to Government Code Section 54956.9(c) with respect to the same matters in which the City Council will decide whether to initiate litigation. 2) Conference with City Attorney pursuant to Government Code Section 54956.9(b) and (c). The Council will meet pursuant to Government Code Section 54956.9(b) with respect to two matters of potential litigation in which the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City based on existing facts and circumstances and pursuant to Government Code Section 54956.9(c) with respect to the same matters in which the City Council will 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., Council Member Naggar moved to call the Closed Session to order. The motion was ' seconded by Council Member Comerchero and voice vote reflected approval. The City Council meeting convened at 7:00 PM. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Ruth Northrup Invocation: Rabbie Yitzchok Hurwitz of Chabad of Temecula Valley Flag Salute: Council Member Roberts ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards PRESENTATIONS/PROCLAMATIONS National Start! Walking Day Proclamation Child Abuse Prevention Month Proclamation PUBLIC COMMENTS Fred Bartz addressed the City Council regarding the Ecological Reserve. The following individuals addressed the City Council with regard to the Rancho Springs Medical Center expansion: ' Roger Ziemer - representing Southwest California Legislative Council • Gregory Prudhomme - Economic Development Corporation of Southwest California • Dennis Frank - Murrieta Temecula Group • Joan Sparkman - Southwest Healtcare System Bernie Bramante commented on community gardens. 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 Roberts; 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 ' 2 Action Minutes - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of March 10, 2009. 3 List of Demands - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 09-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Award a Construction Contract and Reimbursement Agreements for Rancho California Road Pavement Rehabilitation Project - Proiect No. PW06-14 - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Award a construction contract for the Rancho California Road Pavement Rehabilitation Project No. PW06-14 to All American Asphalt in the amount of $3,666,004.25; 4.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $366,600.43, which is equal to 10% of the contract amount; 4.3 Approve a Reimbursement Agreement in the amount of $22,508 with the Eastern Municipal Water District (EMWD) for adjustment of various sewer facilities associated with the Rancho California Road Pavement Rehabilitation Project No. PW06-14 and authorize the City Manager to execute the Agreement on behalf of the City; 4.4 Approve a Reimbursement Agreement in the amount of $8,671.50 with the Rancho California Water District (RCWD) for adjustment of various water facilities associated with the Rancho California Road Pavement Rehabilitation Project No. PW06-14 and authorize the City Manager to execute the Agreement on behalf of the City; 4.5 Make a finding that the Rancho California Road Pavement Rehabilitation project is exempt from Multiple Habitat Conservation Plan (MSHCP) fees; 3 4.6 Approve a transfer of $1,601,162.29 from Citywide Pavement Rehabilitation Program 210-165-655-5804 to account 210-165-657 the Rancho California Road Pavement Rehabilitation Project No. PW06-14. 5 Geotechnical. Material Testing and Special Inspection Professional Service Agreement for the Rancho California Road Rehabilitation Proiect - Project No. PW06-14 - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Approve an Agreement with LOR Geotechnical Group, Inc. to provide professional geotechnical, material testing and special inspection services associated with the Rancho California Road Rehabilitation Project PW06-14, Federal Project No. STPL 5459 (019) in the amount of $71,170; 5.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $7,117, which is equal to 10% of the Agreement. 6 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Citywide Slurry Seal Project FY 2008-09, Paloma del Sol and Temeku Hills area - Proiect No. PW09-01 - Approved Staff Recommendation (5-0-0) - Council Member ' Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Slurry Seal Project FY 2008-09, Paloma Del Sol and Temeku Hills area, Project No. PW09-01. 7 First Amendment to Food and Beverage Sales Agreement between the City of Temecula and C & E Concessionary Enterprises, Inc. - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Approve the First Amendment to Food and Beverage Sales Agreement between the City of Temecula and C & E Concessionary Enterprises, Inc. 4 I License Agreement between the City of Temecula and Riverside County Flood Control and Water Conservation District - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Approve the License Agreement between the City of Temecula and Riverside County Flood Control and Water Conservation District for public recreational use within the channel right of way along Murrieta Creek between Winchester Road and Rancho California Road. 9 City Council authorization to apply for a Caltrans Multiiurisdictional Transportation Planning Grant with the Cities of Murrieta. Lake Elsinore, and the Western Riverside Council of Governments as sub-recipients - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION 09-31 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING TEMECULA AS THE RECIPIENT, AND THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (WRCOG) AS THE SUB-RECIPIENT FOR PURPOSES OF SUBMITTING A GRANT APPLICATION TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE DEVELOPMENT OF A MULTIJURISDICTIONAL CORRIDOR PLANNING PROGRAM 10 Second Reading of Ordinance No. 09-03 - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Adopt an ordinance entitled: ORDINANCE NO. 09-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND THE BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 5 ' II Second Reading of Ordinance No. 09-04 - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 11.1 Adopt an ordinance entitled: ORDINANCE NO. 09-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING CHAPTER 8.32 (NOISE CONTROL) OF THE TEMECULA MUNICIPAL CODE AND AMENDING SECTIONS 9.20.020.E, 9.20.020.F, 9.20.040, 9.20.050, 9.20.060.D, AND 9.20.070.A.1 OF THE TEMECULA MUNICIPAL CODE CONCERNING REGULATION OF NOISE At 7:35 p.m., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:37 p.m. the City Council resumed with regular business. PUBLIC HEARING 16 Planning Application Number LR08-0019, a proposed Heritage Tree Ordinance, adding new Chapter 8.48 to Title 8 of the Municipal Code - Council Member Naggar made the motion to continue for 30 days with the following direction to staff: it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval (5-0-0) • Notice all properties within the City that are 10 acres and above • Add language that no conditions may be added to maps at the Tentative Tract Map stage or greater • Identify costs of arborists • Identify mitigation costs of various tree alternatives • Bring back a fee resolution as part of this item • Identify general locations of heritage trees • Make sure civil penalties are severe enough to discourage illegal removal of heritage trees RECOMMENDATION: 16.1 Introduce and read by title only an Ordinance entitled: ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADDING NEW CHAPTER 8.48 (TEMECULA HERITAGE TREE ORDINANCE) TO TITLE 8 (HEALTH AND SAFETY) OF THE MUNICIPAL CODE OF THE CITY OF TEMECULA ' City Planner Richardson provided a detailed staff report (as per agenda material). There being no public input, the public hearing was closed. 6 CITY MANAGER REPORT CITY ATTORNEY REPORT With regard to Closed Session, City Attorney Thorson advised that there was no action to report under the Brown Act. ADJOURNMENT At 8:49 p.m. the City Council meeting was formally adjourned to Tuesday, April 14, 2009, 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. M ryann Edwards, Mayor ATTEST: Susan ones, MMC City Cle [SEAL] 7