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Home My WebLink About032211 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET MARCH 22, 2011 - 7:00 PM 6:00 P.M. - Closed Session of fhe 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 Judy Ang/e et al. v. City of Temecula, et. al., Riverside County Superior Court Case No. RIG 535656. 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 plaintiff. The � title of the litigation is City of Temecula, et. al.. .v. Tovey/Shultz Construction, lnc., et. al., Riverside County Superior Court Case . No. RIC 541908 (Old Town .Community Theater construction litigation). 3. Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding real property negotiations for acquisition of the following parcels of real property for the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road Project (PW00-26): A. Real property owned by Riverside County Flood Control and Water Conservation District. The subject real property is a vacant parcel within the floodway of Murrieta Creek and has frontage along Diaz Road in the City of Temecula, California, and is identified as Riverside County Assessor's Parcel Number 909-120-016. The negotiating parties are the City of Temecula and the Riverside County Flood Control and Water Conservation District. B: Rea�F property owned by Scott Travers. The subject real property is � commonly known as 27512 Enterprise Circle West, City of Temecula, California, and is identified as Riverside County Assessor's Parcel Numbec 921-480-019. The negotiating parties are the City of Temecula and Scott Travers. Action Minutes\032211 1 � C. Real property, owned by :Richard B. Gurrola �and Valerie M. Gurrola; , Trustees of fhe Gurrola Family Trust Under Declaration Dated Dec, 27; ` 2001 as to an Undivided 55.23%o Interest, =Robert A. Gurrola, A Married Man �as His Sole and Separate Property as to an Undivided 18.57% , Inte,rest, Gary S. Gurrola �A Single Man as to an Undivided 18.57%, and .� . Richard B. Gurrola II, an Unmarried Man as to an Undivided 7.63%, All " as Tenants in common. The subject real propeity is commonly known as 27495 Enterprise Circle West; City of Temecula, California, and is �. identified as Riverside Counfy Assessor's Parcel ;Number 921-480-013. ` The negotiating parfies are the City-of Temecula and Richard B. Gurrola and Valerie M. Gurrola, Trustees, of fhe Gurrola Family. Trust. Under '. Declaration Dated Dec. 27 2001 as to an Undivided 55.23% Interest, - µ Robert A. Gurrola, A Marrietl Man as His Sole and Separate Property as , ' to an Undivided 18.57%a Interest, Gary S. Gurrola A Single Man as to an `. Undivided 18.57%,: and Richard B.. Gurrola Il, an Unmarried Man as to an �'' Undivided 7.63%, All as Tenanfs in common. ` D. Real property owned by Donald W. Coop and Jennean Coop; Trustees of the Coop Family Trust u/t/d February 2, `2004. The `subject real .. �. property is commonly:, known as 27498 ;Enterprise Circle West, City of � Tem`ecula, California, and is identified as Riverside County Assessor's �. a ,. ' Parcel Number .921-480-020. ' The negotiating parfies are the City of Temecula and Donald,W. Coop and' Jennean'Coop, Trustees°of the Coop Family Trust u/t/d February 2, 2004. ° ' . . .` � � E. Real property owned by Jim MaGill and Terri McGill. The subject real � property is commonly known as 27499 Commerce Center, Drive, City. of; ; Temecula, California, and is identified as Riverside County Assessor's - Parcel Number 921-480-031. The negotiating parties are the "City of ' Temecula and Jim McGill and Terri McGill." - :. �; F. Real property owned by 'Mark McM'illin LLC, a California Limited Liability, ' .' Company. The subject 'real property is commonly known as 27511 Commerce Center Drive, City of Temecula, California, and is identified : as Riverside County Assessor's Parcel Nu"mber 921-480=032. The negotiating parfies are the. City of Temecula and Mark McMillin LLC, a ,., -California. Limi'ted Liability Cornpany. The City negotiators for each of these parcels �are Greg Butler and Amer Attar. Under negotiation, are the price and .terms for the acquisition #or each of the .parcels. ; ° � . : � Action Minutes\032211 2 4. Conference with City Attorney pursuant to Government Code Section 54956.9(a) with respect to one matter of pending litigation to which fhe City is a defendant. The title of the litigation is City of Temecula v. Pechanga Band of Luiseno Indians, 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. CALL TO ORDER: Mayor Ron Roberts Prelude Music: Taylin Im Invocation: Pastor Felicia Brown of Imani Church of God In Christ Flag Salute: Council Member Edwards ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PRESENTATIONS/PROCLAMATIONS Certificate of Achievement for Eagle Scout Christopher Gollinqs PUBLIC COMMENTS The following individuals addressed the City Council: • Steve Jantzem • Gary Thornhill • MaryLou Rothacher • Marelle Dorsey • Donald Lambert CITY COUNCIL REPORTS Action Minutes\032211 3 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 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 (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 2.1 Approve the action minutes of March 8, 2011. 3 List of Demands - 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: 3.1 Adopt a resolution entitled: RESOLUTION NO. 11-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Extension of Aqreement with Lance, Soll & Lunqhard, LLP for Audit Services - 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: 4.1 Approve a two year agreement extension with the City's independent auditor, Lance, Soll & Lunghard, LLP in the amount of $91,720; 4.2 Approve a 10% contingency amount for the two year period in the amount of $9,172; 4.3 Authorize the City Manager and City Attorney to execute all necessary agreements. Action Minutes\032211 4 5 First Amendment to Aqreement for Landscaqe Plan Check and Inspection Services for fiscal vear 2010-2011 - 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: 5.1 Approve a First Amendment to the agreement with Blanca Y. Price to perform Landscape Plan Check and Inspection Services for fiscal year 2010-2011 in the amount of $30,000 for a total agreement of $95,000. 6 A�proval of Plans and Specifications and Authorization to Solicit Construction Bids for the Citywide Storm Drain Improvements - Calle Fiesta Storm Drain Extension Project No. PW10-07 - 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: 6.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Storm Drain Improvements, Calle Fiesta Storm Drain Extension Project No. PW10-07. 7 Approval of a Reimbursement Aqreement with Rancho California Water District for the French Vallev Parkwav / Interstate-15 Over-Crossinq and Interchanqe Improvements Proiect - Phase I, Proiect Number PW07-04 - 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: 7.1 Approve the Reimbursement Agreement between the Rancho California Water District (RCWD) and the City of Temecula for Madison Avenue 54-Inch Water Transmission Main Relocation (RCWD Project No. D1505) in an amount not to exceed $3,400,000 to reimburse RCWD for the costs associated with providing plans, specifications, administration, construction, and inspection necessary to provide the relocation and authorize the City Manager to sign the agreement. 8 �prove the Sponsorship ReQUests for the 2011 Temecula Vallev Balloon & Wine Festival - Approved Staff Recommendation (4-0-1) — Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Washington who abstained RECOMMENDATION: 8.1 Approve the Event Sponsorship Agreement in the amount of $26,775 for the 2011 Temecula Valley Balloon & Wine Festival and authorize the Mayor to execute the Agreement. In addition, the Festival requests that the City will provide temporary logistical support of the traffic control signs and devices to assist with public safety during the Festival estimated at $3,200. Action Minutes\032211 5 At 7:35 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 7:39 P.M., the City Council resumed with regular business. CITY COUNCIL BUSINESS 15 Time Limits for Public Sqeakinq - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: 15.1 Consider whether to change public speaker times and if appropriate, amend Resolution 94-79 Rules of Order for City Council Meetings; 15.2 Adopt a resolution entitled: RESOLUTION NO. 11-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING RESOLUTION 94-79, RULES OF ORDER FOR CITY COUNCIL MEETINGS, TO PROVIDE FOR A THREE MINUTE TIME LIMIT FOR SPEAKERS UNDER PUBLIC COMMENTS The following individuals addressed the City Council with regard to this item: � Wayne Hall • Paul Jacobs • Ann Weston � • Don Lambert • Bret Kelley • Kathy Vining • Tom Vining DEPARTMENTAL REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT With respect to Item No. 1(Judy Angle, et. al. v. City of Temecula, et. al.), City Attorney Thorson advised that the City Council unanimously authorized to settle in the amount of $50,000 in this case. As to Item No. 2(City of Temecula, et. al. v. Tovey/Shultz Construction, Inc — Old Town Community Theater), Mr. Thorson noted that the City Council provided direction for the upcoming mediation. With respect to Item No. 3(Real Property Negotiation), City Attorney Thorson advised that the City Council unanimously approved the appraisals and authorized the offers to be made to the property owners. As to Item No. 4(City of Temecula v. Pechanga Band of Luiseno Indians), Mr. Thorson stated that there was no action to report. Action Minutes\032211 6 ADJOURNMENT At 8:26 P.M., the City Council meeting was formally adjourned to Tuesday, April 5, 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 . Jo es, MMC ' CI rk [SEAL) c.� Action Minutes\032211 7