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Home My WebLink About052212 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET MAY 22, 2012 – 7:00 PM 5:45 P.M. – The City Council wiil convene in Closed Session in the Canyons Conference Room on the third fioor of the Temecula City Hall concerning the following matter(s): 1) Conference with legal counsel—Potential litigation. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(c) with respect to one matter of pending potential litigation and will discuss whether to initiate litigation against the County of Riverside relating to its certification of the Final Environmental Impact Report for the Liberty Quarry Project. 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 5:45 P.M., Mayor Washington called the Closed Session meeting to order. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Chuck Washington Prelude Music: Joshua Jurkosky Invocation: Pastor Ted Leavenworth of Reliance Church Flag Salute: Council Member Edwards ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PUBLIC COMMENTS The following individuals addressed the City Council: • Reyna Reyne • • Raymond Karel Lindemans • Pauline Lombard CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoqtion Procedure - Approved Staff Recommendation (5-0-0) Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. 052212 � 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 Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of May 8, 2012. 3 List of Demands - Approved Staff Recommendation (5-0-0) Council Member Edwards 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. 12-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Financial Statements for the Nine Months Ended March 31, 2012- Approved Staff Recommendation (5-0-0) Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Receive and file the Financial Statements for the Nine Months Ended March 31, 2012. 5 Approval of Election Resolutions - Approved Staff Recommendation (5-0-0) Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 12-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE SERVICES OF THE COUNTY REGISTRAR OF VOTERS TO CONDUCT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012 052212 2 5.2 Adopt a resolution entitled: RESOLUTION NO. 12-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES 6 Support for SB 1186 (Steinberq & Dutton), at the request of Council Member Roberts - Approved Staff Recommendation (5-0-0) Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 12-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING SENATE BILL 1186 (STEINBERG 8� DUTTON) AIMED TO HELP CALIFORNIA BUSINESSES COMPLY WITH THE REQUIREMENTS OF THE AMERICANS WITH DISABILITY ACT WITHOUT FRIVOLOUS LAWSUITS 7 Aqreement for fundinq the acquisition of open space propertv (APN 940-300-026) between Western Riverside Countv Reqional Conservation Authoritv and the City of Temecula - Approved Staff Recommendation (5-0-0) Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Accelerate the appropriation and funding in the amount of $119,000 from Development Impact Fee Open Space from Fiscal Year 2012-13 to Fiscal Year 2011-12; 7.2 Adopt a resolution entitled: RESOLUTION NO. 12-41 � A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT FOR FUNDING THE ACQUISITION OF OPEN SPACE PROPERTY BETWEEN WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AND CITY OF TEMECULA" (APN 940-300-026) 052212 3 8 Cooperative Agreement between the Citv of Temecula and the Temecula Communitv Services District - Approved Staff Recommendation (5-0-0) Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Approve a Cooperative Agreement for the purchasing of supplies, equipment and services, and for providing maintenance and construction services for City affiliated entities. 9 Amendments to Annual Aqreements for various services required by the Public Works Street Maintenance Division for Fiscal Year 2012-13 - Approved Staff Recommendation (5-0-0) Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Approve the following amendments to annual agreements in the amounts stated for Fiscal Year 2012-13 for routine street maintenance and emergency services for various Street Maintenance Division needs. General Enqineerinq Contractor Services CalMat Co. dba Vulcan Materials Company $100,000 Main Street Signs $75,000 Traffic Stripinq Pacific Striping, Inc. $330,000 Vehicle/Equipment Maintenance Don Blakely dba Blakely's Truck Service $30,000 10 Amendments to Annual Aqreements for various services required by the Public Works Capital Improvements Proiects (CIP) Division for Fiscal Year 2012-13 - Approved Staff Recommendation (5-0-0) Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Approve the amendments to the following annual agreements in the amounts stated for Fiscal Year 2012-13 for routine services for various Public Works CIP Division needs on as needed basis. Appraisal Services California Property Specialists, Inc. $50,000 Epic Land Solutions, Inc. $50,000 052212 4 Geotechnical Services Construction Testing & Engineering, Inc. $100,000 Converse Consultants, Inc. $100,000 Leighton Consulting, Inc. $100,000 Title Services Chicago Title $40,000 Enqineerinq & Survey Services RBF Consulting, Inc. $100,000 Harris & Associates, Inc. $100,000 Landscape and Plan Check Services David Neault Associates, Inc. $ 100,000 11 Acceptance of Improvements and Notice of Completion for the Pedestrian/Bicycle Bridae over Santa Gertrudis Creek to Chaparral Hiqh School and Citv Trail Svstem, PW05-11 - Approved Staff Recommendation (5-0-0) Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 11.1 Accept the construction of the Pedestrian/Bicycle Bridge over Santa Gertrudis Creek to Chaparral High School and City Trail System, PW05-11, as complete; 11.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one year Maintenance Bond in the amount of 10% of the contract amount; 11.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 12 Aqreement with Bonterra Consultinq for environmental mitiqation services for the French Vallev Parkway/Interstate 15 Interchanae Proiect, PW07-04 and PW02-11 - Approved Staff Recommendation (5-0-0) Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 12.1 Approve the Agreement for Consultant Services with Bonterra Consulting in an amount not to exceed $165,060 to provide biological & annual monitoring and reporting services for the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements Project; 12.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $16,506, which is 10% of the agreement amount. 052212 5 13 First Amendment to the Utilitv Aqreement with Southern Californian Edison for Phase I of the French Vallev Parkway/Interchanqe Proiect, PW07-04 - Approved Staff Recommendation (5-0-0) Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 13.1 Approve the First Amendment to the Utility Agreement with Southern California Edison in an amount not to exceed $51,110.57 to perform construction related activity associated with the relocation of electrical utilities for the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements Project. 14 Aqreement with Marine Biochemist for Water Manaqement/Maintenance Services at the Harveston Lake Park and Temecula Duck Pond - Approved Staff Recommendation (5-0-0) Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 14.1 Approve an Agreement for Minor Maintenance Services for the Water Management/Maintenance Services at the Harveston Lake Park and Temecula Duck Pond with Marine Biochemist, a business of Arch Chemicals, Inc., in the amount of $56,800 for Fiscal Year 2012-13. 15 Resolution of Intent to create a Murrieta Creek Joint Powers Authoritv — Approved Staff Recommendation (4-0-1, Council Member Edwards abstained) Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval, with Council Member Edwards abstaining. RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 12-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REGARDING ITS INTENT TO CREATE A MURRIETA CREEK JOINT POWERS AUTHORITY At 7:19 P.M., the City Council convened as the Temecula Community Services District and the Successor Agency to the Temecula Redevelopment Agency. At 7:56 P.M., the City Council resumed with regular business. CITY COUNCIL BUSINESS 26 Local Vendor Preference Proqram - 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: 052212 6 26.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 12-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 3.30 TO THE TEMECULA MUNICIPAL CODE TO ESTABLISH A LOCAL VENDOR PREFERENCE PROGRAM AND AMENDING SECTIONS 3.28.020, 3.28.220, 3.28.260, AND 3.32.010 OF THE TEMECULA MUNICIPAL CODE TO INTEGRATE THE LOCAL VENDOR PREFERENCE POLICY INTO THE CITY'S PURCHASING SYSTEM 26.2 Authorize staff to pursue a study within six months of implementation of the Local Vendor Preference Program to accurately quantify the local and regional economic benefits of the program. By way of a PowerPoint presentation, Director of Finance Wilson and Fiscal Services Manager Cardenas presented the staff report as per agenda material. Stephen Eldred addressed the City Council. 27 Resolution approvinq and authorizinq the execution of a Lease Termination Aqreement with the YMCA of Riverside Citv and Countv, Inc. and the appropriation of funds required to qurchase the facility (at the reauest of Park and Recreation Ad Hoc Subcommittee Members Chuck Washington and Jeff Comerchero) - Approved Staff Recommendation (5-0-0) Council Member Roberts made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 27.1 Adopt a resolution entitled: RESOLUTION NO. 12-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE TERMINATION AGREEMENT WITH YMCA OF RIVERSIDE CITY AND COUNTY, INC. REGARDING THE YMCA BUILDING LOCATED IN MARGARITA COMMUNITY PARK 27.2 Appropriate $1,609,915 for purchase of the facility to be funded with an advance from General Fund reserves and subsequent repayment from Park and Recreation Development Impact Fees (DIF). By way of PowerPoint presentation, Executive Director of Community Services Adams presented the staff report as per agenda material. DEPARTMENTAL REPORTS CITY MANAGER REPORT 052212 7 CITY ATTORNEY REPORT With respect to the Closed Session item, City Attorney Thorson advised that there was no action to report. ADJOURNMENT At 8:42 P.M., the City Council meeting was formally adjourned to Wednesday, May 23, 2012, at 9:00 AM, for the purpose of a Budget Workshop, Civic Center - Conference Center, 41000 Main Street, Temecula, California. � � Chuc4 fW shington, Mayor ATTEST: LC.-� - � Susan V�'l. Jo es, MMC City Clerk SEaC] 052212 $