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HomeMy WebLinkAbout010813 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL` A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JANUARY 8, 2013 — 7:00 PM 6 00 P M The City�Council conuened m Closed Session��n�the ;Canyons Conference Room on'�the th�rd floor of the�Temecula City H�all� concerning the foilowing matters , � � ���� , � � �: � ; � . ^ ; f � � .. �. � '. .. k , , : 1') The City Council�will meet m closed session wtth the City Attorne ursuant to Government Code Section 5�4956 9(b) and (c)�with respect to a�matter of potent�al� � , ��:;� � � .� ��� . -� ��, � � � . � � � ��litigation an"d�will .:discu"ss �whether to initiate' litigation�ande intervene mr'} the? �bankruptcy acbon mvolying the`YMCA, of'Riuerside City and County; Bankruptcy Petition����No��6� 12 bK-38087-MH��;���;�Central�District 'of California ,(Ri�erside) A point �� �: � ;: ,: . � � � , . r y ., . . . .� ', �. . .. ��. , . has been reached where, in the opinion of the =City Attorney, based on existing , facts and circumstances, there is a significant exposure to litigation mvolvmg the � � � � � �� ����,, City � " � � � � F "� - ,�'.'�m. : �� = � .'� �'� -t'`� c �� 3 .� �. ��� � � .��� = .� : . . 2) The City` Council will meet in closed session"`with ;City, Attorn:ey,,p"ursuant to: �Go�ernment C;o;de .'Section 54956.9(a) with : respect to ttie following matter oY „ pending litigation concerning fhe Certifieds:ElR for the Liberty Quar .ry- proJect to . which the City�is the Plaintiff/Petitioner "C�ty of-;Temecu/a v: Countyrof R�vers�de, `= et:, al�; ;Gran�te� Construct►on Co et :al�;�real party �n-�interesY' Ri�erside �Co,unty� �� Su erior Court No RIC 1211312 � p � �, � , . 3� The City Council will meet in closed session with City Attorney p,ursuant to )� , � y,�:. „H. Government Code �Section 54956 9(a) withz respect to the followmg���rnatter �of'�. pe;�ndmg litigation concerning the Riverside County Fast Track Policy�to which the City is the Plaintiff/Petitioner "C�ty of Temecu/a v Courity�of R��er`s�de, et al ," � , ��� = � ,: � .� � t �� � ; �� , � � �- Riverside�County Superior Court No RIC 12 , � r � �� v b �: Public Information concerning existing .litigation� between the City and� uarious parties' may,be acquired by r,eviewmg the public documents held by the C,ity Clerk ��n u�. -� At 6:00 P.M., Mayor Naggar 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 Mike Naggar Prelude Music: Joshua Jurkosky Invocation: Bishop Glenn Frazier of Beracah Faith Ministries International Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar Action Minutes 010812 � PRESENTATIONS/PROCLAMATIONS Presentation of Gavel from previous Mavor Chuck Washinqton to incominq Mayor Mike Naqqar Service Awards — Mayor Pro Tem Edwards, Jim Mevler, Michael McCracken, and John Telesio, and Albert Blair Donation of Vineyard Panoramic — Bodhi Smith, Photographer Presentation — Mavor Nag,.qar will draw Bike Raffle Winners "It's Not About the Bike" PUBLIC COMMENTS The following individuals addressed the City Council: • Richard Dierking • Anne Bowman 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 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 Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of December 11, 2012. 3 List of Demands — Approved Staff Recommendation (5-0-0) Council Member Washington 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. 13-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Action Minutes 010812 2 4 Citv Treasurer's Report as of November 30, 2012 — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of November 30, 2012. 5 Memorandum of Understandinq Labor Aqreement First Amendment — Cafeteria Plan Re-opener — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Approve an Agreement, effective January 1, 2013, amending the Memorandum of Understanding (M.O.U.) Labor Agreement, effective July 1, 2011, between the City and the General Employees of the City of Temecula, represented by the California Teamsters Public, Professional, and Medical Employees Union Local 911. 6 Acceptance of Imqrovements and Notice of Completion for the Duck Pond Fence Replacement, PW11-08 — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Accept the construction of the Duck Pond Fence Replacement, PW11-08, as complete; 6.2 Direct the City Clerk to file and record the Notice of Completion and release the Performance Bond; 6.3 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. 7 Fifth Amendment to the Aqreement with KRW 8� Associates for Enqineerinq Plan Check, Map and Leqal Description Review for Fiscal Year 2012-13 — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Approve a Fifth Amendment to the Agreement with KRW & Associates to increase the payment terms by $10,000 for a total contract amount of $70,000 for engineering plan check, map and legal description review for Fiscal Year 2012-13. Action Minutes 010812 3 8 Award of a Construction Contract for the Main Street Bridqe Over Murrieta Creek (Replacement), PW 03-05 — Approved Staff Recommendation (4-0-1, Council Member Roberts voted in opposition) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval, with Council Member Roberts in opposition. The first motion failed (2-0-0-3, Council Member Comerchero, Roberts and Washington abstaining) Mayor Naggar made the motion; it was seconded by Council Member Edwards and electronic vote reflected failure of approval with Council Members Comerchero, Roberts and Washington abstaining. Council Member Roberts made the motion to continue the item for two weeks to provide additional information regarding timing of the Grant Funding and options to the Council regarding this contract; it was seconded by Council Member Comerchero; Per the approval of City Attorney Thorson, the motion was withdrawn by Council Member Roberts; and Council Member Comerchero withdrew his second. RECOMMENDATION: 8.1 Award a construction contract for the Main Street Bridge Over Murrieta Creek (Replacement), PW03-05 to Granite Construction Company in the amount of $4,770,079; 8.2 Authorize the Interim City Manager to approve change orders not to exceed the contingency amount of $477,007.90, which is equal to 10% of the contract amount; 8.3 Make a finding that the Pavement Rehabilitation — Main Street Bridge Over Murrieta Creek (Replacement) is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 9 Acceptance of Improvements and Notice of Completion for the Citvwide Slurrv Seal Fiscal Year 2011-12, PW11-09 — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Approve an increase to the contingency of the Citywide Slurry Seal Fiscal Year 2011-12, PW11-09, in the amount of $10,322.39 and increase the Interim City Manager approval authority by that same amount; 9.2 Accept the construction of the Citywide Slurry Seal Fiscal Year 2011-12, PW11- 09, as complete; 9.3 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; 9.4 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. Action Minutes 010812 4 10 Santiaqo Road Desiqn Guideline — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Approve the Santiago Road Design Guideline. RECESS � At 8:10 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting. At 8:13 P.M., the City Council resumed with regular business. PUBLIC HEARING 13 Update on the Initial Studv for a General Plan Amendment to chanqe the land use desiqnation from Medium Densitv Residential to High Density Residential, a Zoninq Text Amendment to revise the text for Planned Development Overlav-11 (PDO-11), a Development Plan to construct 120 apartment units, and a Mitigated Ne aq tive Declaration for a 7.24 acre site, located at the northeast corner of Mira Loma Drive and Rancho Vista Road (Planning Application Nos. PAl2-0034 and PAl2-0033) — Continued from November 13, 2012 — Council Member Washington made the motion to continue the public hearing to the meeting of January 22, 2013; The motion was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. (5-0-0) RECOMMENDATION: 13.1 Review updated information and continue the public hearing to January 22, 2013. CITY COUNCIL BUSINESS 14 Public/Traffic Safetv Commission Appointment — Council Member Washington made the motion to reappoint Bob Hagel to a full three-year term on the Public/Traffic Safety Commission; the motion was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. (5-0-0) RECOMMENDATION: 14.1 Appoint one applicant to serve a full three-year term on the Public/Traffic Safety Commission through October 10, 2015. 15 Communitv Services Commission Appointments — Council Member Washington made the motion to reappoint Charolette Fox and appoint Zak Schwank to serve full three-year terms on the Community Services Commission; the motion was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. (5-0-0) RECOMMENDATION: 15.1 Appoint two applicants to serve full three-year terms on the Community Services � Commission through October 10, 2015. Action Minutes 010812 5 16 Amendment to Ordinance No. 04-04 (Gradinq, Erosion and Sediment Control Ordinance) — Approve Staff Recommendation (5-0-0) The motion was made by Council Member Comerchero; the motion was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 16.1 Introduce and read by title only an ordinance entitled: ' ORDINANCE NO. 13-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 18 (GRADING, EROSION AND SEDIMENT CONTROL) OF THE TEMECULA MUNICIPAL CODE IN ITS ENTIRETY TO ADD A NEW TITLE 18 ENTITLED "CONSTRUCTION, GRADING AND ENCROACHMENT" TO MAKE CONSISTENT WITH THE 2010 CALIFORNIA BUILDING CODE AND TO MAKE OTHER MINOR RE-ORGANIZATIONAL REVISIONS City Attorney Thorson introduced and read by title only Ordinance No. 13-01. Director of Public Works, Greg Butler presented the staff report as per agenda material. 17 Hiqhwav 395 Corridor Studv for Southwest Riverside Countv Update — Received and filed. RECOMMENDATION: , 17.1 Receive and file. 18 Formation of a Youth, Familv and Health Reqional Task Force (at the request of Mavor Na ar — Council Member Comerchero made the motion to appoint Mayor Naggar and Mayor Pro Tem Edwards as members to the Youth, Family and Health Regional Task Force; the motion was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 18.1 Initiate the formation of a Youth, Family and Health Regional Task Force; 18.2 Appoint two members of the City Council to participate in the Youth, Family and Health Regional Task Force. The following individuals addressed the Council: • Andrew Duan • Mary Venittelli CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised there was no action to report under the Brown Act. Action Minutes 010812 6 ADJOURNMENT At 9:01 P.M., the City Council meeting was formally adjourned to Tuesday, January 22, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. � ���� Mike agg r, Mayor ATTEST: Susan . Jon s, MMC i erk [SEAL] Action Minutes 010812 7