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Home My WebLink About071409 CC Action MinutesACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JULY 14, 2009 - 7:00 PM 6:00 P.M. - Closed Session of the City Council pursuant to Government Code Sections: 1) Conference with City Attorney to Government Code Section 54956.9(b) with respect to one matter of potential litigation. With respect to such matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and City related entities based on existing facts and circumstances. With respect to such matter, the City Council will also meet pursuant to Government Code Section 54956.9(c) to decide whether to initiate litigation. 2) Public Employee Performance Evaluation for the incumbent position of City Manager pursuant to Government Code Section 54957. Conference with designated representatives, Mayor and City Attorney, concerning possible negotiation of adjustments of salary and benefits for the unrepresented position of City Manager pursuant to Government Code Section 54957.6, provided that final action on such matters, if any is proposed, would only take place as an agenda item in open session of the Council. 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 6:05 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 unanimous approval. The City Council meeting convened at 7:00 PM. CALL TO ORDER: Prelude Music: Invocation: Flag Salute: ' ROLL CALL: Action Minutes City Council 071409 Mayor Maryann Edwards Anthony Escoto Reverend Jonathan Maxey of Grace Chapel of Temecula Valley Council Member Roberts Comerchero, Naggar, Roberts, Washington, Edwards ' PRESENTATIONS/PROCLAMATIONS Parks and Recreation Month Proclamation Business/Industrv Recoanition Proaram - Manufacturers PUBLIC COMMENTS Paul Angulo, candidate for Riverside County Auditor Controller, introduced himself to the Council and the public. CITY COUNCIL REPORTS CONSENT CALENDAR Standard Ordinance and Resolution Adootion Procedure - Approved Staff Recommendation (5-0-0) - Council Member Washington 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 (3-0-2) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with Council Members Roberts and Washington abstaining. RECOMMENDATION: 2.1 Approve the action minutes of June 23, 2009. 3 List of Demands - Approved Staff Recommendation (5-0-0) - Council Member Washington 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. 09-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Action Minutes City Council 071409 ' 4 Citv Treasurers Report as of Mav 31. 2009 - Approved Staff Recommendation (5-0-0) - Council Member Washington 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 May 31, 2009. Fifth Amendment to Aareement for Law Enforcement Services - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Approve the Fifth Amendment to the Agreement for Law Enforcement Services between the County of Riverside and the City of Temecula to include converting one Patrol Officer to a Mall Officer, converting one Patrol Officer to a School Resource Officer, and removing two Special Enforcement Team positions which have remained unfunded for the past year. 6 Annual Purchase Aareement for FY 2009-2010 for the Purchase of Asphalt Products - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Approve the purchase agreement for FY 2009-2010 with CalMat (dba Vulcan Materials Company) in the amount of $100,000 and authorize the Mayor to execute the agreement. 7 Annual Purchase Aareement for Citvwide Street Name Sians. for FY 2009-2010 - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Approve an annual agreement with Main Street Signs in the amount of $75,000 for FY 2009-2010 and authorize the Mayor to execute the agreement. Action Minutes City Council 071409 8 Settlement Agreement between the Citv of Temecula and Parker Familv Enterorises. LLC - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Approve the Settlement Agreement between the City of Temecula and Parker Family Enterprises, LLC concerning the real property designated as Assessor's Parcel Number (APN) 922-045-011; 8.2 Approve in substantially the same format as attached, a Quitclaim Deed transferring the City's interest in APN 922-045-011 to Parker Family Enterprises, LLC; 8.3 Approve a Temporary Construction Easement in substantially the same format as attached, allowing the City to encroach upon APN 922-045-011 until the construction of the Main Street Bridge is completed. 9 Acceotance of certain Public Streets into the Citv-Maintained System within Tract Mao No. 23064 (located northeasterly of the intersection of Deer Hollow Way and Peooercorn Drivel - Approved Staff Recommendation ("-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 09-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 23064) 10 Award a Construction Contract for Street Strioinq Program for FY 2009-2010. Proiect No. PW09-04 - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Award a Construction Contract for the Street Striping Program for FY 2009-2010, Project No. PW 09-04, to Pacific Striping, Inc. in the amount of $111,925; 10.2 Authorize the City Manger to approve change orders not to exceed the contingency amount of $11,192.50, which is equal to 10% of the contract amount. Action Minutes City Council 071409 11 Budaet Transfer and Change Order No. 12 to the Pechanaa Parkwav Street Improvements Proiect. Proiect No. PW99-11. to Construct the Dual Riaht Turn Lanes from Temecula Parkwav to Pechanaa Parkway - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 11.1 Approve a budget transfer of $80,000 of Development Impact Fee -Streets, from the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road Project, Project No. PW00-26, to the Dual Right Turn Lanes from Temecula Parkway to Pechanga Parkway Project, Project No. PW06-11; 11.2 Approve Change Order No. 12 for $293,500 to construct the Dual Right Turn Lanes from Temecula Parkway to Pechanga Parkway (CIP Project No. PW06-11) as part of the Pechanga Parkway Street Improvements Project, Project No. PW99-11, and authorize the City Manager to execute the change order; 11.3 Approve a contingency to Change Order No. 12 in the amount of $29,350, which is 10% of the change order amount and authorize the City Manager to approve changes up to the contingency amount. 12 Phlebotomv Services for Fiscal Years 2008-09 and 2009-10 - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 12.1 Approve the First Amendment to the Agreement between the City of Temecula and American Forensic Nurses for Phlebotomy Services for FY 2008-09 in the amount of $10,000 for a total contract amount of $40,000; 12.2 Approve the Agreement between the City of Temecula and American Forensic Nurses for Phlebotomy Services for FY 2009-10 in the amount of $40,000. At 7:28 P.M., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:46 P.M., the City Council resumed with regular business. Action Minutes City Council 071409 PUBLIC HEARING ' 16 Weed Abatement Lien Resolution for FY 2008-2009 - 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: 16.1 Adopt a resolution entitled: RESOLUTION NO. 09-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION FOR THE FISCAL YEAR 2008-2009 Director of Planning Richardson provided the staff report (as per agenda material). There being no public input, the public hearing was closed. 17 Plannino Aoolication Number LR08-0019. a orooosed Heritaae Tree Ordinance. addina new Chanter 8.48 to Title 8 of the Municipal Code - Approved Staff Recommendation (5- 0-0) - Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 17.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 0945 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADDING NEW CHAPTER 8.48 (TEMECULA HERITAGE TREE ORDINANCE) TO TITLE 8 (HEALTH AND SAFETY) OF THE MUNICIPAL CODE OF THE CITY OF TEMECULA As per the staff report, Director of Planning Richardson presented an overview of the item. The public hearing was opened. Mr. Randi Cooper Smith addressed the Council with regard to this item. At this time, the public hearing was closed. Action Minutes City Council 071409 ' CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that there was no action to report under the Brown Act with regard to Closed Session. ADJOURNMENT At 8:12 P.M., the City Council meeting was formally adjourned to Tuesday, July 28, 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. ✓~rynn Edwards, Mayor ATTEST: Susan ones, MMC City Cie It Action Minutes City Council 071409