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Home My WebLink About041409 CC Action Minutes1 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE APRIL 14, 2009 - 7:00 PM 6:15 P.M. - Closed Session of the City Council/Redevelopment Agency pursuant to Government Code Section: 1) Conference with real property negotiator pursuant to Government Code Section 54956.8 regarding real property negotiations for the sale of 11 condominium units (unit numbers 1, 8, 9, 16, 221, 225, 228, 229, 232, 233, and 236) located in the Temecula Lane Project along the eastside of Temecula Lane and the north side of Loma Linda Road in the City of Temecula. The negotiating parties are the City of Temecula/Redevelopment Agency and Jamboree Housing Corporation. Under negotiation are the price and terms of payment for the sale of the real property interests. The City/Agency negotiators are Shawn Nelson, Bob Johnson, and Patrick Richardson. 2) Conference with the City Attorney and legal counsel pursuant to Government Code Section 54956(a) with respect to one matter of existing litigation involving the City and/or the Agency. The following claim will be discussed: Claim of Geri Gnuse (Claim No. 08-631). 3) Conference with the City Attorney and legal counsel pursuant to Subdivision (a) of Government Code 54956.9 with respect to two matters of existing litigation involving the City: 1. City of Temecula v. Borchard-Temecula, L.P., et al., Riverside County Superior Court Case No. 519307 (APNs 961-010-072 & 961-010-073); 2. City of Temecula v. Borchard-Temecula, L.P., et al., Riverside County Superior Court Case No. 519298 (APN 961-010-076). 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 6:15 P.M., Council Member Naggar moved to call the Closed Session to order. The motion was seconded by Council Member Washington and voice vote reflected approval. The City Council meeting convened at 7:00 PM. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Earlene Bundy Invocation: Pastor Jonathan Maxey of Grace Chapel of Temecula Valley Flag Salute: Council Member Washington ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards PRESENTATIONS /PROCLAMATIONS Autism Awareness Month Proclamation Friends of the Temecula Libraries 30th Birthday Celebration Proclamation Sexual Assault Awareness Month PUBLIC COMMENTS The following individuals addressed the City Council Members: • Supervisor Jeff Stone • Wayne Hall • John Collins, representing the Temecula Valley Players CITY COUNCIL REPORTS CONSENT CALENDAR 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 Roberts; 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 Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of March 24, 2009. 2 3 List of Demands. Approved Staff Recommendation (5 -0 -0) — Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 09 -32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of February 28, 2009 Approved Staff Recommendation (5 -0 -0) — Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of February 28, 2009. 5 Police Department Asset Forfeiture Account Purchases - Approved Staff Recommendation (5 -0 -0) — Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Approve the purchase of Police equipment and K9 training for a total amount of $18,959 with asset forfeiture funds held by the County of Riverside Sheriff's Department. 6 Purchase and Implementation of Three Automated License Plate Recognition Systems - Approved Staff Recommendation (5 -0 -0) — Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Approve the purchase and installation of three Automated License Plate Recognition Systems in the amount of $75,067.87 and authorize the City manager to enter into a purchase agreement for the purchase and installation of this system. 7 Resolution Allowing Online Bidding - Approved Staff Recommendation (5 -0 -0) — Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Adopt a resolution entitled: 3 RESOLUTION NO. 09 -33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING ELECTRONIC TRANSMISSIONS REGARDING PUBLIC BIDS ON PUBLIC WORKS AND OTHER CONTRACTS 8 Approve 2009 Economic Development Event Sponsorship Agreements - Approved Staff Recommendation (5 -0 -0) — Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Approve the Event Sponsorship Agreement in the amount of $29,750 for the 2009 Temecula Valley Balloon & Wine Festival. In addition, the Festival requests that the City will provide temporary logistical support of the traffic control signs and devices to assist with public safety during the Festival estimated at $3,200; 8.2 Approve the Event Sponsorship Agreement in the amount of $6,375 cash, and city - support costs in the amount up to $6,096 for the 2009 Temecula Valley International Jazz Festival; 8.3 Approve the Event Sponsorship Agreement in the amount of $51,000 for the 2009 Temecula Valley International Film and Music Festival. 9 State Mandated Building Permit Fees -- Authorize the retention of 10% of the State fee for administrative costs - Approved Staff Recommendation (5 -0 -0) — Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 09 -34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE RETENTION OF ADMINISTRATIVE FEES FROM STATE MANDATED BUILDING PERMIT FEE REQUIRED BY SENATE BILL 1473 4 10 Eleventh Amendment to the Joint Exercise of Power Agreement creating the Riverside County Habitat Conservation Agency (RCHCA) and the First Amendment to the Implementation Agreement - Approved Staff Recommendation (5 -0 -0) — Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Approve the 11th Amendment to the Joint Exercise of Powers Agreement creating the Riverside County Habitat Conservation Agency (RCHCA) and the 1st Amendment to the RCHCA Implementation Agreement. 11 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Citywide Concrete Repairs — FY 2008 -09, Project No. PW09 -03 - Approved Staff Recommendation (5 -0 -0) — Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 11.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Concrete Repairs — FY 2008 -09, Project No. PW09 -03. 12 First Amendment to the Reimbursement Agreement with Eastern Municipal Water District for Pechanga Parkway Phase II Street Improvements — Project No. PW99 -11 - Approved Staff Recommendation (5 -0 -0) — Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 12.1 Approve the First Amendment to the Reimbursement Agreement with Eastern Municipal Water District (EMWD) in the amount of $49,000 for modifications to the 14' wide medians within the Pechanga Parkway Phase II Street Improvement Project — Project No. PW99 -11, and authorize the City Manager to execute the Amendment. 13 Award a Construction Contract for Traffic Signal Installations (Butterfield Stage Road at Welton Way /Channel Street & Meadows Parkway at McCabe Drive /Sunny Meadows Drive) — Project No. PW07 -09 & PW07 -10 - Approved Staff Recommendation (5 -0 -0) — Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 13.1 Award a construction contract for Project No. PW07 -09 & PW07 -10, Traffic Signal Installations at Butterfield Stage Road at Welton Way /Channel Street & Meadows Parkway at McCabe Drive /Sunny Meadows Drive, to Christopher R. Morales, Inc. in the amount of $323,983; 5 13.2 Authorize the City Manager to approve change orders up to 10% of the contract amount, $32,389.30; 13.3 Make a finding that the Traffic Signal Installations; Butterfield Stage Road at Welton Way/Channel Street & Meadows Parkway at McCabe Drive/Sunny Meadows Drive Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. At 8:01 p.m., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 8:05 p.m. the City Council resumed with regular business. CITY MANAGER REPORT CITY ATTORNEY REPORT With regard to first closed session item (Temecula Lane Project), City Attorney Thorson advised that the City Council gave direction with respect to the negotiations for the sale of those units and that if agreement were reached, the matter will be forwarded to the City Council in open session for the approval of a Purchase and Sale Agreement. With regard to the second item (Claim of Geri Gnuse), City Attorney Thorson advised that the City Council provided direction as to the handling of the claim but that there was no action to report. As to the third item (Borchard-Temecula, L.P.), City Attorney Thorson advised that the City Council provided direction with the handling of the litigation but that there was no action to report. ADJOURNMENT At 8:06 p.m. the City Council meeting was formally adjourned to Tuesday, April 28, 2009, at 5:30 p.m. for a Closed Session, with regular session commencing at 7:00 p.m. City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Edwards, Mayor [SEAL]