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Home My WebLink About062210 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JUNE 22, 2010 — 7:00 PM 6 :15 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(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 . ma , be ac uired b reviewingthe public documents held by the City Clerk. At 6:08 P.M., Mayor Comerchero called the City Council meeting to order and recessed the meeting to Closed Session to consider the matter described for Closed Session on the agenda. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Susan Miyamoto Invocation: Pastor Bill Cate of Trinity Lutheran Church ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero PRESENTATIONS /PROCLAMATIONS Regional Conservation Authority Presentation Santa Margarita Ecological Reserve Presentation by Dr. Matt Rahn PUBLIC COMMENTS The following individuals addressed the City Council under Public Comments: • William Prouty - E- Verify and Image Program • Ted Wegener - E- Verify • Brigitte Green - E- Verify • Patrice Lynes - E- Verify 1 • Raymond Herrera - Illegal Aliens • Robin Hvidston - E- Verify • Ernie White - E- Verify • Duke Seino • Bret Kelley • Tom Vining • Frances Martin - E- Verify 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 Roberts who abstained. RECOMMENDATION: 2.1 Approve the action minutes of June 8, 2010. 3 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: 3.1 Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A L 2 4 Agreement for Law Enforcement Services with the County of Riverside - 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 Authorize approval of the law enforcement agreement with the County of Riverside for a term of five years and authorize the Mayor to execute the agreement in final form. City Attorney Thorson announced that although Council Member Roberts is an employee of the County of Riverside, he may participate in the voting of this item because he was not involved in the negotiation process. 5 Multiple Species Habitat Conservation Plan Fee Schedule for Fiscal Year 2010/11 (LR1 0-0013) 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: 5.1 Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE APPLICABLE MULTIPLE SPECIES HABITAT CONSERVATION MITIGATION FEES SCHEDULE FOR THE FISCAL YEAR 2010/11 TO MAINTAIN FEE RATES AT FISCAL YEAR 2009/10 LEVELS (1-1110 -0013) Consent Calendar Item No. 6 was pulled for separate discussion. 6 Western Riverside Energy Leadership Partnership - 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 Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING, ENDORSING, AND PARTICIPATING WITH SOUTHERN CALIFORNIA EDISON, WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS AND ITS PARTICIPATING MEMBER CITIES IN AN ENERGY LEADERSHIP PARTNERSHIP TO BE KNOWN AS "THE WESTERN RIVERSIDE ENERGY LEADERSHIP PARTNERSHIP" (1-1110 -0012) 3 Viet Tran, representing Southern California Edison, expressed his support of the recommended action. 7 Agreement for Landscape Plan Check and Inspection Services for Fiscal Year 2010/11 - 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 Approve an Agreement with Blanca Y. Price to perform Landscape Plan Check and Inspection Services for Fiscal Year 2010/11 in the amount of $65,000. 8 Agreements for Plan Review Services for Fiscal Year 2010/11 - 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 Approve an agreement for Plan Review Services with Bureau Veritas in the amount of $41,667; 8.2 Approve an agreement for Plan Review Services with Esgil Corporation in the amount of $41,667; 8.3 Approve an agreement for Plan Review Services with Tom Haney in the amount of $41,666. 9 Authorize Temporary Street Closure for the Street Painting Festival in Old Town (Main Street between Old Town Front Street and Mercedes Street) - 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 Receive and file the following proposed action by the City Manager: Temporarily close Main Street between Old Town Front Street and Mercedes for the: `2010 OLD TOWN TEMECULA STREET PAINTING FESTIVAL' 4 10 Authorize Temporary Street Closure of Old Town Front Street between Moreno Road (S) and 1 st Street: Main Street from the East Edge of the Children's Museum Driveway to Mercedes Street; Moreno Road; 2nd Street: 3rd Street; 4th Street; 5th Street; 6th Street: and Mercedes Street between Moreno Road_ and 2nd Street for the "2010 Star Spangled 4th of July Parade" - 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: 10.1 Receive and file the following proposed action by the City Manager: Temporarily close Old Town Front Street and other related streets for the: '2010 STAR SPANGLED 4TH OF JULY PARADE' 11 Authorize Temporary Street Closures of certain portions of Margarita Road, Pauba Road and abutting streets for the "July 4th, 2010 Fireworks Show" - 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: 11.1 Receive and file the following proposed action by the City Manager: Temporarily close certain portions of Margarita Road, Pauba Road and abutting streets for the: 'JULY 4th 2010 FIREWORKS SHOW' 12 Purchase and Installation Agreement for Installation of Video Management Equipment in the Traffic Operations Center, being constructed within the Old Town Civic Center — Proiect No PW06 -07 - 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: 12.1 Approve the Purchase and Installation Agreement with Crosstown Electrical & Data, Inc., in the amount of $123,775; 12.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $12,377 which is equal to 10% of the contract amount. 5 13 Award a Construction Contract for the Citywide Concrete Repairs Project, Fiscal Year 2009/10 — Project No. PW10 -02 - 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: 111 Award a construction contract for Project No. PW10 -02, Citywide Concrete Repairs — Fiscal Year 2009/10, to Mamco, Inc. in the amount of $170,170.70; 13.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $ 42,542.68, which is equal to 25% of the contract amount. 14 Award a Construction Contract for Road and Storm Drain Repair at Rancho California Road — Project No. PW09 -08 - 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: 14.1 Award a construction contract for Project No. PW09 -08, Road and Storm Drain Repair at Rancho California Road, to ATOM Engineering Construction in the amount of $45,359; 14.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $9,071.80 which is equal to 20% of the contract amount; 14.3 Authorize the transfer of Proposition 1 B funds from the Road and Strom Drain Repair at Rancho California Road project in the amount of $60,347 into the Road Reconstruction at Jedediah Smith Road project account in order to fund anticipated administration and construction engineering costs; 14.4 Make a finding that the Road and Storm Drain Repair at Rancho California Road project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 15 Annual Purchase Agreement for Fiscal Year 2010/11 for the Purchase of Asphalt Products - 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: 15.1 Approve the purchase agreement for Fiscal Year 2010/11 with CalMat (dba Vulcan Materials Company) in the amount of $100,000. 6 16 Annual Purchase Agreement for Citywide Street Name Signs, for Fiscal Year 2010/11 - 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: 16.1 Approve an annual agreement with Main Street Signs in the amount of $75,000 for Fiscal Year 2010/11. 17 Approval of Purchase and Sale Agreement for acquisition in fee of the real property commonly known as 41375 McCabe Court, Temecula, and identified as Riverside County Assessor's Parcel Number 910 - 262 -008 in connection with the City's proposed French Valley Parkway /Interstate -15 Over - Crossing and Interchange Project — Project Nos. PW02 -11 and PW07 -04 - Approved Staff Recommendation (3 -0 -2) — 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 and Council Member Roberts who abstained. RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND BASICS ETC. CORPORATION IN CONNECTION WITH THE FRENCH VALLEY PARKWAY /INTERSTATE -15 OVER - CROSSING AND INTERCHANGE IMPROVEMENTS PROJECT — PROJECT NUMBERS PW02 -11 AND PW07 -04 17.2 Authorize the Finance Director to issue a warrant for the sum of $2,335,000 plus escrow fees for deposit with the Escrow Holder First American Title Insurance to complete the transaction. Escrow fees are estimated to not exceed $15,000; 17.3 Authorize the City Manager to approve and execute any necessary documents, including the lease in the form substantially attached as Exhibit "C" to the Purchase and Sale Agreement, and to take all necessary actions to complete this acquisition, including without limitation, all escrow instructions. City Attorney Thorson announced that Council Member Edwards and Mayor Pro Tern Roberts will not be participating in the approval of this Item due to the fact that they each have economic interests of stock or income in Mission Oaks National Bank and the potential impact of the actions on Mission Oaks National Bank's interest in the properties and the adjacent property. Although Council Member Naggar reports that he owns stock in Mission Oaks National Bank, the value of his stock is below the threshold required for an economic interest and, therefore, he may participate in this Item No. 17. 7 18 Approval of Blue Ribbon Committee Nominations at the request of the Quality of Life/Temecula 2030 Subcommittee (Mayor -Pro Tern Ron Roberts and Council Member Chuck Washington) - 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: 18.1 Approve the Blue Ribbon Committee nominations as submitted by the Quality of Life/Temecula 2030 Master Plan Subcommittee. 19 Procurement of ShoreTel Phone and GFI FAX System — Civic Center Installation - 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: 19.1 Authorize the purchase and installation of ShoreTel Phone equipment from Conduit Networks on the PEPPM Contract for the total amount of $50,452.71, which includes shipping and applicable sales tax; 19.2 Authorize the single source purchase and installation of the GFI Faxmaker solution from Conduit Networks for $14,474.93. At 8:08 P.M., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 8:13 P.M., the City Council resumed with regular business. CITY COUNCIL BUSINESS 32 Adopt City of Temecula Sustainability Plan - Approved Staff Recommendation (5 -0 -0) — Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 32.1 Adopt a resolution entitled: RESOLUTION NO. 10 -53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE CITY OF TEMECULA SUSTAINABILITY PLAN (LR08 -0007) By way of a PowerPoint presentation, Associate Planner West provided a detailed overview of the staff report (as per agenda material). 8 33 Planning Commission Appointments Approved Staff Recommendation and reappointed Commissioner Harter and Commissioner Telesio (5 -0 -0) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 33.1 Appoint two applicants to serve full three -year terms on the Planning Commission through June 15, 2013. As per written material, Deputy City Clerk Ballreich reviewed the staff report. CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that with regard to the Closed Session item, under the Brown Act, there was no reportable action. ADJOURNMENT At 8:52 P.M., the City Council meeting was formally adjourned to Tuesday, July 13, 2010, 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. i Jeff Comerchero, Mayor ATTEST: g Susan Jon , MMC [SEAL] 9