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Home My WebLink About060909 CC Action Minutes ' ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JUNE 9, 2009 - 7:00 PM 6:15 P.M. - Closed Session of the City Council pursuant to Government Code Sections: 1) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding real property negotiations for property owned by Madison Holdings, LLC, a California Limited Liability Company, which is commonly known as 27135 Madison Avenue, Temecula, and is identified as Riverside County Assessor's Parcel Number 910-262-006. The negotiating parties are the City of Temecula and Madison Holdings, LLC, a California Limited Liability Company. Under negotiation are the price and terms. The City negotiators are Shawn Nelson, Greg Butler, and Amer Attar. 2) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding real property negotiations for property owned by Basics Etc. Corporation, which is commonly known as 41375 McCabe Court, Temecula, and is identified as Riverside County Assessor's Parcel Number 910-262-008. The negotiating parties are the City of Temecula and Basics Etc. Corporation. Under negotiation are the price and terms. The City negotiators are Shawn Nelson, Greg Butter, and Amer Attar. 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 Comerchero moved to call the Closed Session to order. The motion was seconded by Council Member Naggar and voice vote reflected unanimous approval. The City Council recessed to Closed Session for the purpose of discussing real property negotiations for the acquisition of the Madison Holdings and Basic Etc. properties for the proposed French Valley Interchange as described on the Agenda. The City Attorney advised Mayor Edwards and Council Member Roberts not to participate in the Closed Session because the public records show that Mission Oaks National Bank holds a deed of trust on the Madison Holdings parcel. Mayor Edwards is an employee and officer of the Bank and Council Member Roberts' wife owns stock in the Bank whose value is above the threshold for an economic interest. The City Attorney advised Council Member Naggar that he may participate in the Closed Session because although he owns stock in the Bank, the value of his stock is below the threshold level of $2,000 for an economic interest. Action Minutes City Council 060909 1 The City Council meeting convened at 7:00 PM. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Susan Miyamoto Invocation: Pastor Anthony Ferrell of Mountain View Community Church Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards PRESENTATIONS/PROCLAMATIONS Temecula Achievement Program Awards Jerry Williams Day Proclamation and Introduction of new Police Chief Andre O'Harra PUBLIC COMMENTS Paul Jacobs - addressed the City Council with regard to the recent LAFCO hearing. 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 RECOMMENDATION: 2.1 Approve the action minutes of May 20, 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. 2.2 Approve the action minutes of May 26, 2009. - Approved Staff Recommendation (3-0-2) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with Council Members Comerchero and Washington abstaining. Action Minutes City Council 060909 2 ' I 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. 09-51 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. 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 Receive and file the Financial Statements for the nine months ended March 31, 2009; 4.2 Approve the acceleration of funding in the amount of $60,000 in Transportation ' Enhancement Act (TEA) Fund for the Winchester 79 North beautification project; 4.3 Approve a transfer of $120,000 of RDA bond proceeds fund from Old Town Infrastructure Relocation of existing Structures, Demolition and Grading projects to Old Town Parking Structures, Office, and Retail project; 4.4 Approve an appropriation of $500 in the City 2008 COP's Debt service funds for trustee administrative fees. 5 City Treasurer's Report as of April 30. 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: 5.1 Approve and file the City Treasurer's Report as of April 30, 2009. 6 Voter Approved Measure C Annual Special Tax Levy - 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 Adopt a resolution entitled: Action Minutes City Council 060909 3 RESOLUTION NO. 09-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2009-2010 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS 7 Resolution Adopting FY2009-2010 Solid Waste Rates -Approved Staff Recommendation (5-U) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 09-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SOLID WASTE RATES FOR FISCAL YEAR 2009-2010 8 First Amendment to Contract Agreement for On-Call Traffic Signal Maintenance Services ' for Fiscal Year 2009-2010 - 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: 8.1 Approve a First Amendment to the Contract Agreement with Republic ITS to perform On-Call Traffic Signal Maintenance Services for an amount not-to-exceed $50,000, and extend the contract term to June 30, 2010. 9 Amendment to Contract Agreement for On-Call Maintenance and Repairs of Closed Circuit Television (CCTV) Cameras and Equipment for Fiscal Year 2009-2010 - 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 Approve a First Amendment to the Contract Agreement with Crosstown Electrical & Data, Inc., to perform On-Call Maintenance and Repairs of Closed Circuit Television (CCTV) Cameras and Equipment for an amount not-to-exceed $20,000, and extend the contract term to June 30, 2010. Action Minutes City Council 060909 4 ' 10 Authorize Temporary Street Closure of Paula Road between Margarita Road and Showalter Road for the "July 4th. 2009 Fireworks Show" and Delegate Authority to Issue Special Events/Street Closures Permit to Director of Public Works - 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 Adopt a resolution entitled: RESOLUTION NO. 09-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF PAUBA ROAD BETWEEN MARGARITA ROAD AND SHOWALTER ROAD FOR THE "JULY 4TH 2009, FIREWORKS SHOW", AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 11 Authorize Temporary Street Closure of Old Town Front Street between Moreno Road (S) and 1st Street: Main Street from the East Edge of the Children's Museum Driveway to Mercedes Street: Moreno Road; 2nd Street: 3rd Street: 4th Street: 5th Street: 6th Street: and Mercedes Street between Moreno Road and 2nd Street for the "Star Spangled 4th of ' July Parade" and Delegate Authority to Issue Special Events/Street Closures Permit to the Director of Public Works - 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 Adopt a resolution entitled: RESOLUTION NO. 09-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF OLD TOWN FRONT STREET BETWEEN MORENO ROAD (S) AND 1ST STREET; MAIN STREET FROM THE EAST EDGE OF THE CHILDREN'S MUSEUM DRIVEWAY TO MERCEDES STREET; MORENO ROAD; 2ND STREET; 3RD STREET; 4TH STREET; 5TH STREET; 6TH STREET; AND MERCEDES STREET BETWEEN MORENO ROAD AND 2ND STREET FOR THE "STAR SPANGLED 4TH OF JULY PARADE" AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES Action Minutes City Council 060909 5 ' 12 Authorize Temporary Street Closure for the Street Paintinq Festival in Old Town (Fifth Street between Old Town Front Street and Mercedes Street) - 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 Adopt a resolution entitled: RESOLUTION NO. 09-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CLOSURE OF A PORTION OF FIFTH STREET FOR THE STREET PAINTING FESTIVAL AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT 13 Public Works Fiscal Year 2009-2010 Annual Maintenance Contract Amendments - 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 Approve the Annual Maintenance Contracts Amendments for Fiscal Year 2009- 2010. 1. Becker Engineering $200,000.00 2. Del Rio Enterprises $ 50,000.00 3. Imperial Paving Co., Inc. $200,000.00 4. Monteleone Development $200,000.00 5. NPG Corporation $ 50,000.00 6. Pacific Striping, Inc. $100,000.00 7. Rene's Commercial Management $200,000.00 8. Strong's Painting $ 50,000.00 9. West Coast Arborists $200,000.00 14 Annual Agreement for FY 2009-2010 for Minor Maintenance Services - 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: 14.1 Approve an agreement for Fiscal Year 2009-2010 with Murrieta Development Co., Inc. in the amount of $50,000 for minor maintenance services for future repair, improvement and maintenance upon real and personal property of the City of Temecula. Action Minutes City Council 060909 6 ' 15 Agreement for Plan Review Services with Esgil Corporation for FY 2009-2010 - 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: 15.1 Approve an agreement for Consulting Services with Esgil Corporation to provide Plan Check Services for Fiscal Year 2009-2010 in the amount of $60,000. 16 Agreement for Plan Review Services with Abdul Behnawa for FY 2009-2010- 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: 16.1 Approve an agreement for Consultant Services for Plan Check Review for Fiscal Year 2009-2010 with Abdul Behnawa in an amount not to exceed $40,000. 17 First Amendment to a Professional Service Agreement for Landscape Inspection Services with David Neault Associates. Inc. for the Pechanga Parkway Phase II Street Improvements Project - Proiect 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: 17.1 Approve the First Amendment to the Agreement with David Neault Associates, Inc. for landscape inspection services for the Pechanga Parkway Phase II Street Improvements Project in an amount not to exceed $50,825 - Project No. PW99-11. 18 Agreement for Consulting Services between the City of Temecula and Environmental Science Associates (ESA) for an Environmental Impact Report (EIR) for the Old Town Specific Plan Amendment - 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: 18.1 Approve an Agreement for Consulting Services with Environmental Science Associates (ESA) in the amount of $129,000 to prepare an Environmental Impact Report (EIR) for the Old Town Specific Plan Amendment. Action Minutes City Council 060909 7 ' 19 Records Destruction Approval - 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: 19.1 Approve the schedule destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. 20 Trustee/Fiscal Agent Services for Fiscal Year 2009-2010 - 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: 20.1 Approve the expenditure of $51,260 for annual Trustee/Fiscal Agent services provided by US Bank for the City's Community Facilities Districts, Assessment District, Tax Allocation Bonds, and Certificates of Participation for fiscal year 2009- 2010. At 7:22 P.M., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:45 P.M., the City Council resumed with regular business. ' DEPARTMENTAL REPORTS CITY MANAGER REPORT City Manager Nelson thanked the City Council for its strong unified support with regard to the difficult budget choices. CITY ATTORNEY REPORT City Attorney Thorson advised that there were not actions to report under the Brown Act with regard to Closed Session. With regard to the two real property items, Mr. Thorson noted that those items will be brought back once an agreement is reached for approval of a Purchase and Sale Agreement in open session. At that meeting, neither Mayor Edwards nor Council Member Roberts participated for the reasons set forth prior to the Closed Session. Action Minutes City Council 060909 8 ' ADJOURNMENT At 8:07 P.M., the City Council meeting was formally adjourned to Tuesday, June 23, 2009, at 5:30 P.M. for a Closed Session with regular session commencing at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. aryn Edwards, Mayor ATTEST: _Susan ones, MMC City Cl rk [SEAL] 1 Action Minutes City Council 060909 9