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Home My WebLink About100912 CC Action Minutes ACTION MINUTES � TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET , OCTOBER 9, 2012 — 7:00 PM 6:00. P.M. -,=The City Council will convene in Ciosed Session :in:the. Canyons Confe;rence Room on the_thicd floor:of�the Temecula City Hall.concer.ning the following 1) Conference with C.ity Atto[ney pursuant to Government .Code Section: 54956.9(b) ` with respect to one. matter�of potential litigatiorr._ With respecf to such matter; the_= City Attorney has determined.that-�based on existing facts and circumstances. a. point has been . reached where : there. .is. a significant .exposure to � litigation ' involving.the C.ity and the Successor : : � � . : . . 2) Conference with Legal Counsel=Existing�Litigation. The City Councif will-meet in closed session . with . City : Attorney � pursuant to Gover.nmenf -.Code = Section 54956.9(a) with .respect to the following �matter of pending_ litigation _concerning. . the Liberty .Quarry project to which the.City is the PlaintifflPetitioner: :City: of Temecu/a v. County of Riverside,. et: al.; Granite Construction Co: et: al.; real party- in interest, Riverside County Superior Court No: RIC 1211312. �.: ,- Publ'ic _Information concerning existing litigation between the City �and �various parties may be_acquired liy reyiewing the public documenfs _held_by the City Clerk. �. � At 6:00 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 7:08 P.M. CALL TO ORDER: Mayor Chuck Washington Prelude Music: Geoff Ryle Invocation: Pastor Bob Branch of The Springs Community Church Flag Salute: Council Member Edwards ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTATIONS/PROCLAMATIONS Certificate of Apqreciation to Natalie Harris Domestic Violence Awareness Month Proclamation Action Minutes 100912 1 PUBLIC COMMENTS The following individuals addressed the City Council: • Jim McLaughlin • PaulJacobs • Bret Kelley • Walt Allen • Ed Dool • Wayne Hall �. Chris Petersen CITY COUNCIL REPORTS CONSENT CALENDAR ' 1 Standard Ordinance and Resolution Adoption Procedure — 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: 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 Edwards abstained) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with Council Member Edwards abstaining. RECOMMENDATION: 2.1 Approve the action minutes of September 25, 2012. 3 List of Demands - 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: 3.1 Adopt a resolution entitled: RESOLUTION NO. 12-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Action Minutes 100912 2 4 Citv Treasurer's Report as of Auqust 31, 2012 - 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: 4.1. Approve and file the City Treasurer's Report as of August 31, 2012. 5 Financial Statements for Fiscal Year Ended June 30, 2012 - 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: 5.1 Receive and file the Financial Statements for fiscal year ended June 30, 2012; 5.2 Approve an increase to the fiscal year 2011-2012 General Fund sales tax revenue estimate by $733,892; 5.3 Approve an appropriation of $30,000 for operating transfers out in the Supplemental Law Enforcement Services Fund (SLESF) budget, and an increase of $30,000 of revenues in the SLESF. 6 �prove an expenditure with Zoll Medical Corporation - 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: 6.1 Approve the purchase of two manual defibrillators in the amount of $38,573.57; 6.2 Approve an annual expenditure of $70,000 with Zoll Medical Corporation for medical equipment and supplies. 7 Settlement Aareement with Temecula Marine Center, Inc. - Murrieta Cceek Bridae and Overland Drive Extension, PW00-26 - 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: 7.1 Approve the Agreement entitled All-Inclusive Settlement Agreement and General Release between the City of Temecula and Michael and Christine Smith, individually and doing business as Temecula Marine Center, Inc.; 7.2 Authorize the Chief Financial Officer to issue a warrant for the sum of $128,745 to Temecula Marine Center, Inc. in the manner identified in the agreement; Action Minutes 100912 3 7.3 Authorize the Chief Financial Officer to issue a warrant for the sum of $5,454 to Temecula Marine Center, Inc. if they vacate the subject property on or before October 31, 2012. 8 Acceptance of Improvements and Notice of .Comqletion for the Communitv Recreation Center Roof Replacement, PW11-06 - Approved staff recommendafion (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Accept the construction of the Community Recreation Center (CRC) Roof Replacement, PW 11-06, as complete; 8.2 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; 8.3 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. 9 Helq Ride Bike and Music Festival - Approyed 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: 9.1 Approve the Sponsorship Agreemenfiwith All From the Heart in the amount of $2,000 for the Help Ride Bike and Music Festival. RECESS At 7:45 P.M., the City Council convened as the Temecula Community Services District and the Successor Agency to the Temecula Redevelopment Agency. At 7:47 P.M., the City Council resumed with regular business. PUBLIC HEARING 15 Reaffirm and clacify the Bike Lane and Trail Proqram.Map (at the request of Mavor Washinqton and Mavor Pro Tem Naqgar). The proiect is Citvwide and includes a phased completion of seqments to fill in the gaps and connect the Citv's bike lanes and trails - 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. Action Minutes 100912 4 RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 12-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN IMPLEMENTATION PROGRAM TO REAFFIRM AND CLARIFY THE BIKE LANE AND TRAIL PROGRAM MAP, A CITYWIDE PROJECT THAT INCLUDES A PHASED COMPLETION OF SEGMENTS TO FILL IN THE GAPS AND CONNECT THE CITY'S BIKE LANES AND TRAILS (LONG RANGE PLANNING PROJECT NO. LR12-0009) By way of a Power Point presentation, Associate Planner, Matt Peters presented the staff report as per agenda material. The public hearing was opened and the following individuals addressed the City Council: • PaulJacobs • Rick Peoples • Zak Schwank CITY MANAGER REPORT CITY ATTORNEY REPORT . City Attorney Thorson advised that there were no reportable actions. ADJOURNMENT Afi 8:24 P.M., the City Council meeting was formally adjourned to Tuesday, October 23, 2012 af 5:30 FM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. � ' ; � � huck shing , ayor ATTEST: (.[J • � Susan . J nes, MMC rk [SEAL] Action Minutes 100912 5