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Home My WebLink About082509 CC Action Minutes1 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE AUGUST 25, 2009 - 7:00 PM P.M. - Closed Session of the City Council pursuant to Government Code 1) 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 litigation 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 1 At 6:15 P.M., Council Member Comerchero moved to call the Closed Session to order. The motion was seconded by Council Member Naggar and voice vote reflected approval of those present (Council Members Washington and Roberts were absent). The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Tiffany Christensen and Saya Hazel Invocation: Reverend Pat Campbell of Temecula Valley Center for Spiritual Living Flag Salute: Council Member Naggar 1 ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards Constitution Week Proclamation United Way Day of Carinq Proclamation Business/Industry Recognition Program - Medical Industry The following businesses were recognized: Abbot Vascular ExtruMed FFF Enterprises Professional Hospital Supply Temecula Children's Museum Nickelodeon Award PUBLIC COMMENTS Angela Morns and Bruce Nimmo, representing Angels at Work, invited the City Council Members to a fundraising benefit "Celebration of Life" on Sunday, September 27, 2009. The following individuals spoke in opposition to the proposed Summerhouse project: • Diane Kessloff • Fred Grindle • Nick Sannella • Bridget Blanton • Carol Monroe • Ann-Marie Honor • Haley Seino • Barry Marr • Jay Jordan • Anne Gregorio • Kathy Vining • Mario Abob • Sheryl Casillas • Rosemary Davis • Glenn Paulson The following individuals spoke in support of the proposed Summerhouse project and addressed the City's current homeless problem: • Shari Crall • Paula Hollis • Denny Mighell • Gregory Melvin Fred Bartz informed the City Council of the Fallbrook Community Planning Group's opposition to the proposed Quarry. Starting September 14, 2009, Jimmy Moore apprised the Council Members of the Osher Program (Osher Lifelong Learning Institute) that will be provided at the Cal State San Marcos Temecula campus. Mr. Moore as well invited the Council and the public to an upcoming BBQ at Vail Ranch on Sunday, November 1, 2009, hosted by the Historical Society. CITY COUNCIL REPORTS CONSENT CALENDAR Standard Ordinance and Resolution Adoption Procedure - 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. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Action Minutes - 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. RECOMMENDATION: 2.1 Approve the action minutes of August 11, 2009. 3 List of Demands - Approved Staff Recommendation (5-") - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 09-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Access to Summary Criminal History Information - 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. RECOMMENDATION: 4.1 Adopt a resolution entitled: 1 RESOLUTION NO. 09-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY TO ACCESS SUMMARY CRIMINAL HISTORY INFORMATION OF EMPLOYEES, VOLUNTEERS, INDEPENDENT CONTRACTORS, AND PERMITTEES 5 Approve FY 2009-10 Economic Development Operating Agreement with the Temecula Valley Chamber of Commerce - 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. RECOMMENDATION: 6 5.1 Approve the operating agreement and authorize the Mayor to execute the agreement with the Temecula Valley Chamber of Commerce in the amount of $136,260. Agreement - 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. RECOMMENDATION: 6.1 Approve the Marketing Agreement which provides City Marketing Funding Support of $108,000 to the Temecula Valley Convention & Visitors Bureau (CONVIS). 7 Recommendation (5-0-0) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Approve the Memorandum of Understanding (MOU) between California State University San Marcos, Temecula Valley Unified School District, the City of Temecula, and the Temecula Valley Chamber of Commerce. S( A.F.E.) - 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. RECOMMENDATION: 8.1 Approve the License Agreement between the City of Temecula and Safe Alternatives for Everyone (S.A.F.E.) for Use of Real Property. 9 Parcel Map 32158 (located on the west side of Bostik Court, south of Winchester Road) - 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. 10 RECOMMENDATION: 9.1 Approve Parcel Map 32158 in conformance with the Conditions of Approval. - 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. RECOMMENDATION: 10.1 Approve Parcel Map 36055 in conformance with the Conditions of Approval. 11 Second Amendment to Aareement with Crosstown Electrical & Data. Inc. for Construction Services - CCTV Camera Installation on Temecula Parkwav (Route 79 South) and Pechanga Parkway - Proiect No. PW07-07 - 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. RECOMMENDATION: 11.1 Approve a Second Amendment to the Agreement with Crosstown Electrical & Data, Inc., for Construction Services for CCTV Camera Installation on Temecula Parkway (Route 79 South) and Pechanga Parkway for an amount not to exceed $35,600. 12 Minor Construction Agreement to Install Fiber Optic Cable associated with the Closed f :irri iit TPlavicinn Installatinn nn TPmar.i iln Parkwav anti Perhnnna Parkwav - PrniPr:t PW07-07 - 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. RECOMMENDATION: 12.1 Approve a Minor Construction Agreement with SECC Corporation for an amount not to exceed $56,195; 12.2 Authorize the City Manager to approve change orders not to exceed the 10% contingency amount of $5,620. 1 13 Second Amendment to the Agreement with GFB Friedrich, Inc. for De Portola Road Pavement Rehabilitation - Proiect No. PW06-10 - 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. 14 RECOMMENDATION: 13.1 Approve the Second Amendment to the Agreement with GFB Friedrich, Inc. in an amount not to exceed $8,950 for additional engineering design services necessary to modify the design for De Portola Road Pavement Rehabilitation - Project No. PW06-10 - and extend the term of the Agreement through June 30, 2010. Equipment Installation - Project No. PW04-05 - 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. RECOMMENDATION: 14.1 Award a construction contract for Traffic Signal Interconnect Equipment Installation - Project No. PW04-05 - to High-Light Electric, Inc. in the amount of $211,878, which includes the base bid of $175,878 and Additive Bid No. 1 in the amount of $36,000; 14.2 Authorize the City Manger to approve change orders not to exceed the contingency amount of $21,187.80, which is equal to 10% of the contract amount; 14.3 Make a finding that the Traffic Signal Interconnect Equipment Installation is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 15 Second Readinq of Ordinance No. 09-06 - 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. RECOMMENDATION: 15.1 Adopt an ordinance entitled: ORDINANCE NO. 09-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AFFIRMING THE RIGHTS OF THE PEOPLE TO GATHER FOR EXPRESSIVE ACTIVITIES ON PUBLIC STREETS, SIDEWALKS AND PARKS, ADDING CHAPTER 12.12 TO THE TEMECULA MUNICIPAL CODE ENTITLED PARADES AND SPECIAL EVENTS ON PUBLIC PROPERTY AND AMENDING SECTION 17.04.020 A. OF THE TEMECULA MUNICIPAL CODE PROVIDING THAT CHAPTER 17.04 APPLIES TO TEMPORARY USES AND SPECIAL EVENTS ON PRIVATE PROPERTY 1 At 8:24 P.M., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 8:26 P.M., the City Council resumed with regular business. r%CnACTwMCA1TA1 MGnAGTQ CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that the City Council approved the Settlement Agreement with the United States Bank for the Crowne Hill Reserves Project based on claims they made against the City; that the terms of the settlement are that the bank will be paying the City the sum of $300,000; and that the City Council authorized the City Manager to sign the Settlement Agreement once that has been finalized. ADJOURNMENT At 8:27 P.M., the City Council meeting was formally adjourned to Tuesday, September 8, 2009, at 5:30 P.M. for a Closed Session with regular session commencing at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. 1 ATTEST: Susan W. City Clerk [SEAL] Marya n Edwards, Mayor 1