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Home My WebLink About031312 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET MARCH 13, 2012 — 7:00 PM 6:00 P.M. — The City Council will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula:City Hall concerning the following matters: 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 Eastern Municipal Water,Disfrict v. �City of Temecula, Westside Business Center,. et al. defendants, Riverside County Superior Court Case No. RIC 1107937. 2) 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 French Valley Parkway/lnterstate 15 Overcrossing and Interchange Improvements, Project Numbers PW02-11 and PW07-04: �A. Real property owned by Madison Holdings, LLC, a California Limited Liability Company. The subject real property is commonly known as 27135 . Madison Avenue, Temecula, and is identified as Riverside County Assessor's Parcel Number 910-262-006. The negotiating parties are the City � of Temecula and Madison Holdings, LLC, a California Limited Liability : company. B. Real property owned by the City of Murrieta. The subject real properfy is a ' ,. ` vacant parcel within the City of Murrieta and is identified as Riverside County .Assessor's 'Parcel Number 910-262-005. The property has a frontage on the proposed southbound off-ramp from Interstate-15 to the proposed French Valley Parkway. The negotiating parties are the City of Temecula and the City of Murrieta. � � C. Real property owned by the City of Murrieta. The subject real property is a vacant parcel within the City of Murrieta and is identified as Riverside County Assessor's Parcel Number 910-262-039. The property has a frontage on the proposed southbound off-ramp from Interstate-15 to the proposed French Valley Parkway. The negotiating parties are the City of . Temecula and the City of Murrieta. D. Real property owned by the City of Murrieta. The subject real property is a vacant parcel within the City of Murrieta and is identified as Riverside County Assessor's Parcel Number 910-262-043. The property has a � frontage on the proposed French Valley Parkway. The negotiating parties are the City, of Temecula and the City of Murrieta. -. E. Real property owned by the City .of Murrieta. The subject real property is a ` vacant parcel within the City of Murrieta and is identified as Riverside County Assessor's Parcel Number 910-262-047. The property lies to the north of Assessor's Parcel Number 910-262-043. The negotiating parties are the City of Temecula and the City of Murrieta. F. Real property owned by the City of Murrieta. The subject real property is commonly known as 26900 Jefferson Avenue, Murrieta, and is identified as i Riverside County Assessor's Parcel Number 910-262-045: The property is located at the Northeast corner of Jefferson Avenue and the proposed �� French Valley Parkway: The negotiating parties are the City of Temecula and the City of Murrieta. � The City negotiators for each of these parcels are Greg Butler and Amer Attar. Under negotiation are the `price and terms of the acquisition for each of the parcels. 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 5:30 P.M., Mayor Washington 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 Chuck Washington Prelude Music: Music Teachers Association of California - Temecula Valley, Certificate of Merit Branch Honor Students Invocation: Pastor Clark Van Wick of Calvary Chapel Bible Fellowship Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTATIONS/PROCLAMATIONS Presentation by Southwest Health Care — Ken Rivers, CEO Presentation to Citv of Art Donation from Temecula Vallev Arts Leaque Realitv Rallv Presentation PUBLIC COMMENTS The following individuals addressed the City Council: • Kathryn Krek — Temecula • Lorena Spencer — Temecula • Don Skaggs — Temecula • Evelyn Honea • Erika Campos • Craig Puma - Temecula • Brian Bleecker - Temecula • Bobbe Wilder • Kathleen Hamilton - Temecula • Ann Loree - Temecula CITY COUNCIL REPORTS � 2 CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (3-0-2, Council Members Naggar and Roberts absent) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with Council Members Naggar and Roberts absent. 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 (3-0-2, Council Members Naggar and Roberts absent) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with Council Members Naggar and Roberts absent. RECOMMENDATION: 2.1 Approve the Budget Workshop action minutes of February 28, 2012; 2.2 Approve the action minutes of February 28, 2012. 3 List of Demands — Approved Staff Recommendation (3-0-2, Council Members Naggar and Roberts absent) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with Council Members Naggar and Roberts absent. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 12-23 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, 2012 — Approved Staff Recommendation (3-0-2, Council Members Naggar and Roberts absent) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with Council Members Naggar and Roberts absent. RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of January 31, 2012. 5 First Amendment to Aqreement for Consultinq Services between the City of Temecula and RBF Consultinq for an Environmental Impact Report (EIR) for the Temecula Creek Inn Specific Plan — Approved Staff Recommendation (3-0-2, Council Members Naggar and Roberts absent) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with Council Members Naggar and Roberts absent. 3 RECOMMENDATION: 5.1 Approve a First Amendment to Agreement for Consultant Services with RBF Consulting in the amount of $60,500 for additional consulting services in the preparation of an EIR for the Temecula Creek Inn Specific Plan. 6 Construction Contract for Citvwide Storm Drain Improvements — Calle Fiesta, PW10-07 — Approved Staff Recommendation (3-0-2, Council Members Naggar and Roberts absent) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with Council Members Naggar and Roberts absent. RECOMMENDATION: 6.1 Award a construction contract for Project No. PW10-07, Citywide Storm Drain Improvements — Calle Fiesta, to Ted Enterprises, Inc., in the amount of $142,088; 6.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $14,208.80, which is equal to 10% of the contract amount; 6.3 Authorize the payment of the Multi Species Habitat Conservation Plan (MSHCP) fees to the Regional Conservation Authority (RCA), based on the current fee schedule for Fiscal Year 2011-12, in an amount not to exceed $7,500. 7 Additional Aqpropriation and Increase of Construction Continqencv for the Roripauah Ranch Fire Station, PW03-01 — Approved Staff Recommendation (3-0-2, Council Members Naggar and Roberts absent) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with Council Members Naggar and Roberts absent. RECOMMENDATION: 7.1 Approve an additional appropriation in the amount of $197,929 for the Roripaugh Ranch Fire Station, Project No. PW03-01 from Development Impact Fees (DIF) — Fire; 7.2 Approve an increase of $283,935 to the construction contingency of the City's contract with Tovey Shultz Construction, Inc. and increase the City Manager's administrative approval authority accordingly. 8 Second readinq of Ordinance No. 12-02 — Approved Staff Recommendation (3-0-2, Council Members Naggar and Roberts absent) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with Council Members Naggar and Roberts absent. RECOMMENDATION: 8.1 Adopt an ordinance entitled: 4 ORDINANCE NO. 12-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTERS 17.08, 17.10, AND 17.34 OF THE TEMECU�A MUNICIPAL CODE TO FURTHER CLARIFY THE REGULATIONS ON BUSINESSES SELLING ALCOHOLIC BEVERAGES (LONG RANGE PLANNING PROJECT NO. LR11-0007) 9 Second readinq of Ordinance No. 12-03 — Approved Staff Recommendation (3-0-2, Council Members Naggar and Roberts absent) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with Council Members Naggar and Roberts absent. RECOMMENDATION: 9.1 Adopt an ordinance entitled: ORDINANCE NO. 12-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE TEMECULA MUNICIPAL CODE BY AMENDING SECTIONS 12.04.250.A, 12.04.250.D, 12.04.250.1, 12.04.250.L, 12.04.250.M.1, 12.04.250.M.2, 12.04.250.N, AND 12.04.250.0. TO AUTHORIZE THE CITY MANAGER TO ESTABLISH REGULATIONS FOR THE ASSESSMENT OF RISK AND LIABILITY INSURANCE FOR RENTALS OF CITY PARKS AND FACILITIES AND TO CHANGE THE PERSON WITH AUTHORITY FOR CERTAIN PARK USE DECISIONS FROM DIRECTOR OF COMMUNITY SERVICES TO CITY MANAGER OR DESIGNEE At 8:01 P.M., the City Council convened as the Temecula Community Services District. At 8:10 P.M., the City Council resumed with regular business. PUBLIC HEARING 11 Relocation Plan for the Murrieta Creek Bridqe and Overland Drive Extension to Diaz Road Project, PW00-26 — Approved staff recommendation (3-0-2, Council Members Naggar and Roberts absent) Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote showed unanimous approval with Council Members Naggar and Roberts absent. RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 12-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE RELOCATION PLAN FOR MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ ROAD PROJECT, PW00-26 11.2 Authorize the City Manager to approve and execute any necessary documents and issue relocation benefits pursuant to the approved Relocation Plan. 5 By way of a Power Point presentation, Principal Engineer, Amer Attar, presented the staff report as per agenda material. Mayor Washington opened the public hearing. City Clerk Jones called the public speaker. • Howard Omdahl There being no additional speakers, the public hearing was closed. CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that with respect to Closed Session Item No. 1, there was no action to report. With regard to ftem No. 2A, Mr. Thorson noted no action to report. With respect to Items 2B, 2C, 2D, 2E and 2F, City Attorney Thorson noted that the City Council unanimously approved the appraisals and authorized offers to be made to the City of Murrieta. ADJOURNMENT At 8:36 P.M., the City Council meeting was formally adjourned to Tuesday, March 27, 2012, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California -� i � � _ Ch icl ashington, Mayor ATTEST: � Susan W. Jones, MMC City Cler E 6