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Home My WebLink About101309 CC Action Minutes1 1 1 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE OCTOBER 13, 2009 7:00 PM 6:00 P.M. Closed Session of the City Council/Temecula Redevelopment Agency pursuant to Government Code Section: 1) 1 Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding the potential lease and renovation of the Sparkman Alternative Education Center at 32225 Pio Pico, Temecula California, owned by the Temecula Valley Unified School District. The parties to the negotiations for lease and renovation of the Sparkman Alternative Education Center are the Redevelopment Agency of the City of Temecula, City of Temecula, Temecula Valley Unified School District, and California State University San Marcos. Negotiator for the Agency and City is Aaron Adams, Assistant City Manager. Under negotiation are the price and terms of the potential lease and renovation of the real property. Conference with City Attorney pursuant 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. 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 6:01 P.M. Mayor Edwards called the meeting to order, with Council Members Naggar and Roberts absent at the time the Closed Session was called to order but were in attendance of the Closed Session). The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Megan Thudium and Rachel Storhmeier Invocation: Pastor Leon Franklin of the Living Word Church Flag Salute: Council Member Comerchero 1 1 1 ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards PRESENTATIONS /PROCLAMATIONS Presentation on H1N1 Virus by Dr. Eric Frykman. Director of County Health Agency PUBLIC COMMENTS Jane Laskin, representing the Musicians Workshop, commented on the grand opening of the Musicians Workshop. Chuck Rear of Temecula addressed the City Council with regard to water wastage and segregated trash. Darrell Farnbach, representing Vail Ranch Restoration Association and Temecula Historical Society, commented on the upcoming Old Fashioned BBQ. 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 September 22, 2009. 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: 1 1 1 RESOLUTION NO. 09 -84 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 August 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 Approve and file the City Treasurer's Report as of August 31, 2009. 5 California Emergency Management Agency Authorized Agent Designation 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 Adopt a resolution entitled: RESOLUTION NO. 09 -85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING AUTHORIZED AGENTS WHEN REQUESTING FEDERAL AND STATE FINANCIAL ASSISTANCE 6 Riverside County Mortgage Credit Certificate Program 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: RESOLUTION NO. 09 -86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM 1 1 1 7 Transportation Uniform Mitigation Fee (TUMF) Reimbursement Agreement for the State Route 79 South (SR -79S)/ Western Bypass Bridge Project 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: 7.1 Approve the attached Agreements totaling $1,789,000 for the funding of TUMF Zone Arterial Network Improvements between the Western Riverside Council of Governments (WRCOG) and the City of Temecula for the State Route 79 South (SR -79S)/ Western Bypass Bridge Project; 7.2 Authorize the City Manager to execute the Agreements. 8 Request to Increase the Contingency Amount for Pechanga Parkway Phase II Street Improvements, 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: 8.1 Approve a $350,000 increase in the contingency for the contract with All American Asphalt; 8.2 Authorize the City Manager to approve change orders not to exceed the requested increased contingency amount of $350,000; 8.3 Appropriate $350,000 from the Wolf Creek CFD fund balance to the Pechanga Parkway project. 9 Acceptance of Improvements and Notice of Completion for the Traffic Signal Installations; Butterfield Stage Road at Welton Way /Channel Street Meadows Parkway at McCabe Drive /Sunny Meadows Drive; Project No. PW07 -09 and 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: 9.1 Accept the construction of the Traffic Signal Installations; Butterfield Stage Road at Welton Way /Channel Street and Meadows Parkway at McCabe Drive /Sunny Meadows Drive, Project No. PW07 -09 and PW07 -10, as complete; 9.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 9.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 4 1 1 10 City Hall Parking Lot Improvements 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 a contract with Imperial Paving Company, Inc., for City Hall Parking Lot Improvements in the amount of $65,485 for Fiscal Year 2009 2010; 10.2 Authorize the General Manager to approve additional work not to exceed the contingency amount of $9,823, which is equal to 15% of the contract amount; At 7:39 P.M., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:48 P.M., the City Council resumed with regular business. CITY MANAGER REPORT None given. CITY ATTORNEY REPORT With regard to the real property negotiations, City Attorney Thorson advised that the City Council provided direction to the staff on the negotiations, noting that any formal action on the matter will be taken in open session at a future Council meeting. As to the potential litigation matter, City Attorney Thorson noted that the City Council provided direction to the City Attorney to initiate a legal action, advising that once action is filed, the City will prepare a notice as required by Government Code Section 54957 describing the action and the defendants and this notice will be on file with the City Clerk and available for review. ADJOURNMENT At 7:49 P.M., the City Council meeting was formally adjourned to Tuesday, October 27, 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. Susan W. 4 ones, t CI [SEAL] dwards, Mayor