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Home My WebLink About032613 CC Action Minutes In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET MARCH 26, 2013 — 7:00 PM 5:30 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 Legal Counsel — Existing Litigation. The City Council will meet.in _ closed session with City Attorney pursuant to Government Code Section 54956.9(d)(2) with respect to the following matter of pending litigation concerning Community Facilities District No. 03-06 ,(Harveston II): "City of Temecula v. Psomas and NBS, et. al.," Riverside County Superior Court No. RIC 1211252. 2) � Conference with Legal Counsel = Existing Litigation. The=City Councif will meet in closed session` with the City Attorney pursuant to Government Code Section 54956.9 (d)(2) and (4) with respect to one matter of potential' litigation and will discuss whether to initiate ° litigation and , intervene in _ the bankruptcy action involving the" YMCA of Ri�erside City and County, Bankruptcy Petition Na 6:92- bk-38087-MH, Central District of California (Riverside). A point has been reached where, in the opinion . of the City Attorney based' on existing facts and circumstances, there is a significant exposure to litigation involving the City. 3) Conference with Legal Counsel .- Potential` Litigation. TFie City will meet in closed session with the City Attorney' pursuant to � Government Code Section 54956.9(d)(2) and (4) with respecf to two � matters of potential litigation and will discuss whethec to initiate litigation in these matters. With respect to each such matter, the City Attorney has .defermined that based on existing facts and circumstances a point has been reached where there is a significant exposure to litigation involving the Cify. 4) Conference with Legal Counsel - Existing Litigation. The City Council will meet in � closed session � with .the City Attorney pursuant to Government Code Section ' 54956.9(d)(2) with respect to two matters of pending litigation: (1) "City of Temecula v. County of Riverside, et. al., Granite Construction Co. e�. al., real party in interest," Riverside County Superior Court N'o. RIC 1211312, concerning the certified EIR for the Liberty Quarry project; and (2) "City of Temecula v. County of Riverside, et. al.," Riverside County Superior Court No. RIC 1215119, concerning theRiverside County Fast Track Policy: Public Information concerning existing litigation between the City and various parties may be acquired by ceviewing the public documents held by the City Clerk. � Next in Order: Ordinance: 13-03 Resolution: 13-19 Action Minutes 032613 1 At 5:30 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 7:03 P.M. CALL TO ORDER: Mayor Mike Naggar Prelude Music: Joseph Donnantuoni Invocation: Pastor Scott Anderson of Crossroads Church Flag Salute: Jack Williams ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar PRESENTATIONS/PROCLAMATIONS Presentation bv Tim Sweenev Certificate of Congratulations to Murrell & Dotti Meade CPRS Presentation of Chamqion of the Communitv Award to Mavor Naqqar PUBLIC COMMENTS The following individuals addressed the City Council: • Edward Day • Paul Jacobs • Chuck Rear • Emily, Natasha & Rebecca, Girl Scout Troop No. 1299 • Rubie Richardson • Ernie White • Ed Dool • Bret Kelley • Mike Baxter • Kimberly Reyes • Margie Ortega CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, 10 minutes will be devoted to these reports. CONSENT CALENDAR Ernie White addressed the City Council on Items 3, 4, 6, and 8. Action Minutes 032613 2 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 12, 2013. 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. 13-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Second Amendment to Professional Services Agreement for Graphic Art and Marketinq for Ann Howell Desiqn — 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 the Second Amendment to the Professional Services Agreement for graphic art and marketing with Ann Howell Design in the amount of $5,000 for a total agreement amount of $41,981.30, and extend the term of the agreement to June 30, 2013. 5 Fifth Amendment to the Aqreement with Proactive Fire Design, Inc. — 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 the Fifth Amendment to the Agreement with Proactive Fire Design, Inc. in the amount of $30,000 for a total agreement amount of $249,000 for Fire Department Plan Review Service. Action Minutes 032613 3 6 Lifecycle Replacement of 75 Desktop Computers for the Temecula Public Library — 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 Authorize the purchase of 75 Hewlett Packard (HP) Compaq 8300 Elite Ultra- slim desktop computers pursuant to the City's Lifecycle Replacement Plan for the Temecula Public Library from Southern Computer Warehouse in the amount of $54,138.75, including sales tax and shipping. 7 Agreement for the Purchase of a Replacement Permittinq System from Tyler Technoloqies — 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 an Agreement for the purchase of Tyler Technologies' EnerGov Permitting & Land Management suite in the amount of $743,134; 7.2 Authorize the Interim City Manager to approve change orders up to 10% of the agreement in the amount of $74,313.40. 8 Aqreement for Environmental Monitorinq Services for Main Street Bridqe Over Murrieta Creek, PW03-05 — 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: 8.1 Approve an Agreement with Rahn Conservation Consulting, LLC to provide environmental monitoring services associated with Main Street Bridge Over Murrieta Creek (Replacement), PW03-05, in the amount of $51,400; 8.2 Authorize the Interim City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $5,140, which is equal to 10% of the agreement amount. Action Minutes 032613 4 9 Acceqtance of certain Public Streets into the City-Maintained System within Tract Nos. 32437-1, 32437-2, 32437-3 and 32437-F (located northeasterlv of the corner of Ynez Road and Date Street - Harveston) — Approved Staff Recommendation (4-0-1, Council Member Washington abstained.) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with one abstention. City Attorney Thorson clarified the abstention of Council Member Washington stating he owns property within 500 feet of one of the Streets being accepted. He also stated that although Council Member Comerchero owns property in the Harveston development his property is 1300 feet from the street being accepted and does not have a conflict. Since this matter is on the Consent Calendar, Council Member Washington did not have to leave the room unless because it was not pulled for further discussion. RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 13- 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NOS. 32437-1, 32437-2, 32437-3 AND 32437-F) RECESS At 8:20 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting. At 8:30 P.M., the City Council resumed with the remainder of the Public Comments and the Consent Calendar. CITY COUNCIL BUSINESS 12 Appointment of Citv Council Member to serve on a Militarv Ad Hoc Subcommittee — Council Member Washington was appointed to join Jeff Comerchero and convert the Military Liaison Representative to a Military Ad Hoc Subcommittee. (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 12.1 Convert the Military Liaison Representative Assignment to a Military Ad Hoc Subcommittee and appoint a second member of the City Council to serve on this Subcommittee. Action Minutes 032613 5 13 Approval of the Farmer's Market Oqeratina/Licensina Agreement with Farmer's Market Manaqement, Inc. — Approved staff recommendation with direction to remove the embellishment section as being redundant. (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 13.1 Approve a new Licensing/Operating Agreement with Farmer's Market Management, Inc. for the management and operation of a Certified Farmer's Market on the public parking lot located at the northwest corner of Mercedes Street and Sixth Street. DEPARTMENTAL REPORTS 14 Communitv Development Deqartment Monthlv Report 15 Citv Council Travel/Conference Report-Februarv 2013 16 Public Works Department Monthlv Reports 17 Police Deqartment Monthlv Report CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson stated there were no reportable actions under the Brown Act for Closed Session. He also stated that with regards to Item No. 1, neither Council Member Comerchero nor Council Member Washington participated in the discussion and were not present due to their property ownership in the Harveston Development. ADJOURNMENT At 8:52 P.M., the City Council meeting was formally adjourned to Tuesday, April 9, 2013, at 6:00 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. *** Adjourned in Memory of Larry Robinson a, **ir ! � _ , E � .: l.% �l Michael S. Naggar, Mayor ATTEST: �� Susan W. Jones, MMC ✓ City erk � [SEAL] Action Minutes 032613 6