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Home My WebLink About030811 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET MARCH 8, 2011 — 7:00 PM 6:00 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(a) with respect to one matter of pending litigation to which the City is a defendant. The title of the litigation is Flores v. City of Temecula, et. al., Riverside County Superior Court Case No. RIC 515028. � � 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 Judy Angle et al. v. City of Temecula, et. aL, Riverside County Superior Court Case No. RIC 535656. 3. Conference with real �property negotiators pursuant to Government Code Section 54956.8 regarding real property negotiations for property owned by Metropolitan Water District of Southern California. The subject real properties are located-west of . the westerly terminus of Western Bypass/Temecula Parkway (State Route 79 South) in the City of Temecula, California, and are identified-as Riverside County Assessor's Parcel Numbers 922-110-021 and 922-210-011. The negotiating parties are the City of Temecula and the Metropolitan Water District of Southern California. The City negotiators are Greg Butler, Amer Attar and Will Becerra. Under negotiation are the . price and terms for the acquisition of the property. .4. Conference on Real Property pursuant to Government Code 54956.8 regarding approximately 32 acres of real property located at the northwest corner of Diaz Road and Dendy Parkway, Temecula; (APN 909-370-002j. Under consideration is the potential release of a request for interest regarding the disposition of the subject property and the terms thereof. 5. Conference with City Attorney pursuant to Government Code Section 54996.9(a) with respect to one matter of pending litigation to which the City is a defendant. The title of the litigation is City of Temecula v. Pechanga Band of Luiseno lndians, United States District Court Case No. CV10-07378 DSF VBK , Central District of California. At 6:00 P.M., Mayor Roberts 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 7:00 P.M. Action Minutes\030811 1 CALL TO ORDER: Mayor Ron Roberts Prelude Music: Earlene Bundy Invocation: Pastor Oliver Sears of Light of Faith Christian Center Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PUBLIC COMMENTS The following individuals addressed the City Council under Public Comments: • Robert Wheeler � Stephen Eldred � Carol Monroe • Otto Baron • Frederick Grindle • Haley Seino • Duke Seino • Ton Vining � • Bret Kelley • PaulJacobs • Kathy Vining • Mario Abob • Patrice Lynes • Brigitte Green • Rich Tyrrell • Albert Von 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 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\030811 2 2 Action Minutes - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 2.1 Approve the action minutes of February 22, 2011. 3 List of Demands - Approved Staff Recommendation (5-0-0) — Council Member Washington 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. 11-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Citv Treasurer's Report as of Januarv 31, 2011 - Approved Staff Recommendation (5- 0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of January 31, 2011. 5 Meeting Schedule for City Council Meetinqs for Aqril 2011 (at the request of Council Members Comerchero and Edwards) - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 5.1 Direct the City Clerk to reschedule the regularly scheduled City Council Meetings of April 12, 2011 and April 26, 2011, to April 5, 2011 and April 19, 2011, and perform the appropriate postings and noticing requirements of the Government Code. 6 First Amendment to�the Aqreement for Phlebotomv Services - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 6.1 Approve the First Amendment to Agreement with American Forensic Nurses, dba: AFN for Phlebotomy Services for an additional amount of $15,000 to increase the total contract amount to $45,000. Action Minutes\030811 3 7 A�proval of a Contract with Southern California Edison Titled "Contract for Extension of Electric Distribution Line — Rule No. 15" and Authorization of Pavment for an Electrical Distribution Line and Street Liqht Installation for Butterfield Staae Road Extension Proiect, Proiect No. PW09-02- Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 7.1 Approve a contract with Southern California Edison (SCE) titled "Contract for Extension of Electric Distribution Line - Rule No. 15" in connection to the Butterfield Stage Road Extension Project, Project No PW09-02 and authorize the Assistant City Manager to sign the contract; 7.2 Authorize payments to SCE in the amount of $273,057.26 for the electrical distribution line (backbone infrastructure) and $42,031.95 for streetlight installation, for a total payment of $315,089.21. 8 Award of a Construction Contract for Project No. PW10-05c, Pavement Rehabilitation - Nicolas Road - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 8.1 Award a construction contract for Project No. PW10-05c, Pavement Rehabilitation — Nicolas Road, to Kad Paving Company in the amount of $239,285.75; 8.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $23,928.58, which is equal to 10% of the contract amount. 9 A�proval of Administerinq Aqencv-State Aqreement for State-Funded Projects, Master Aqreement and Proqram Supplement Aqreement - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 11-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY MANAGER TO EXECUTE THE MASTER AGREEMENT ADMINISTERING AGENCY-STATE AGREEMENT NO. 00325S AND ALL PERTINENT PROGRAM SUPPLEMENT AGREEMENTS FOR STATE FUNDED PROJECTS Action Minutes\030811 4 9.2 Approve the attached Administering Agency-State Agreement No. 00325S and the Program Supplement Agreement No. H27 for the Traffic Light Synchronization Program (TLSP) funding, in the amount of $515,000, for the Citywide Adaptive Traffic Light Synchronization System-Phase II Project and authorize the City Manager to sign the agreements. 10 Fourth Amendment to the Joint Exercise of Powers Aqreement creatinq the Western Riverside County Reqional Conservation Authoritv - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 10.1 Approve the Fourth Amendment to the Joint Exercise of Powers creating the Western Riverside Regional Conservation Authority. 11 A�prove the Sponsorship Request and Fundinq Agreement for the 2011 Temecula Sprinq Rod Run - Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with the exception of Council Member Edwards who abstained RECOMMEDATION: 11.1 Approve the Event Sponsorship Agreement for city-support costs in an amount up to $59,561.64 for the 2011 Temecula Spring Rod Run and authorize the Mayor to execute the following agreement. 12 Second Amendment to the Aqreement with Aqplied Development Economics for the Qualitv of Life Master Plan - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 12.1 Approve the Second Amendment to the Agreement for Applied Development Economics (ADE) for the Quality of Life Master Plan in the amount of $15,225 plus 10% contingency, for a total amount of $16,747.50, and to amend the term to December 31, 2011. 13 Riaht of Entrv Aareement by the Western Riverside Countv Reqional Conservation Authoritv - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 13.1 Approve the Agreement between the City of Temecula and Western Riverside County Regional Conservation Authority. Action Minutes\030811 5 At 8:08 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 8:21 P.M., the City Council resumed with regular business. CITY COUNCIL BUSINESS 18 O�position to Liberty Quarrv - 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: 18.1 Adopt a resolution entitled: RESOLUTION NO. 11-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OPPOSING THE LIBERTY QUARRY PROJECT PROPOSED WITHIN THE COUNTY OF RIVERSIDE ADJACENT TO THE SOUTHERN BOUNDARIES OF THE CITY OF TEMECULA The following individuals addressed the Council Members with regard to this item: • Wayne Hall • Jack Roripaugh • Edward Monroe • Ken Johnson • John Moramarco • Marelle Dorsey • Fred Bartz • Clif Hewlett • Mariann Byers • Massimo Spadazzi • Mario Abob CITY MANAGER REPORT CITY ATTORNEY REPORT Assistant City Attorney Lee advised that with respect to the Closed Session item no. 1, the City Council unanimously approved the settlement agreement in the amount of $75,000; with regard to item no.2, City Council gave direction to the City Attorney with respect to the settlement conference; as to item no. 4, the City Council authorized release of a request for interest seeking price and terms of sale; and with regard to item no. 5, it was noted that there was no reportable action. As to item no. 3, Assistant City Attorney Lee advised that due to a conflict that Richards, Watson & Gershon (the City's law firm) has by previously representing MWD on an unrelated matter, she did not partake in the discussions; therefore, Public Works Director Butler reported that the City Council approved the appraisal and authorized staff to make an offer to MWD. Action Minutes\030811 6 ADJOURNMENT At 9:18 P.M., the City Council meeting was formally adjourned to Tuesday, March 22, 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. Ron Roberts, Mayor ATTEST: Susan . J nes, MMC City CI k Action Minutes\030811 7