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HomeMy WebLinkAbout120809 CC Action Minutes1 1 1 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE DECEMBER 8, 2009 7:00 PM 6:30 P.M. Closed Session of the Temecula Redevelopment Agency pursuant to Government Code Section: 1. Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding the purchase of two parcels of real property owned by Abdi Nasehi and Leslie Ann Nasehi, husband and wife, as joint tenants. The two parcels are described as (1) the first parcel is approximately 1.83 acres (APN 940 -31 -0049) with a street address of 28450 6th Street, Temecula, California 92590; and (2) the second parcel is approximately .41 acres (APN 940 -31 -0052) located adjacent to the first parcel at 28450 6 Street, Temecula, California 92590. The parties to the negotiations for the purchase of the two parcels are: Abdi Nasehi and Leslie Ann Nasehi, Washington Mutual Bank, Quality Loan Service Corp. and the Redevelopment Agency of the City of Temecula. Negotiators for the Redevelopment Agency of the City of Temecula are: Bob Johnson, Patrick Richardson and Luke Watson. Under negotiation are the price and terms of the purchase of the two parcels. 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 6:33 P.M. Mayor Edwards called the meeting to order (Council Members Naggar and Roberts were absent at that time). Council Member Roberts was in attendance of the Closed Session but Council Member Naggar was absent. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: The Southern California Damekor Invocation: Rabbi Yitzchok Hurwitz of Chabad of Temecula Valley Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards ABSENT: Naggar 1 1 1 1 PRESENTATIONS /PROCLAMATIONS 2009 Excellence in Technology Practices PUBLIC COMMENTS The following individuals addressed the City Council: Leah DiBernardo Non profit Slow Food Temecula Valley Gabrielle DiBernardo All Kids Everywhere Charles Rear Water Wastage and Segregated Trash CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure Approved Staff Recommendation (4 -0 -1) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Member Naggar absent 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 November 10, 2009; continued to 1/12/10 2.2 Approve the action minutes of November 24, 2009. Approved Staff Recommendation (3- 0 -1 -1) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Member Naggar absent and Council Member Washington abstaining. 3 List of Demands Approved Staff Recommendation (4 -0 -1) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Member Naggar absent RECOMMENDATION: 3.1 Adopt a resolution entitled: 2 1 1 1 RESOLUTION NO. 09 -98 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 October 31. 2009 Approved Staff Recommendation (4 -0 -1) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Member Naggar absent RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of October 31, 2009. 5 Financial Statements for the Three Months Ended September 30. 2009 Approved Staff Recommendation (4 -0 -1) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Member Naggar absent RECOMMENDATION: 5.1 Receive and file the Financial Statements for the Three Months Ended September 30, 2009; 5.2 Approve a decrease of $85,000 in Operating Transfers Out from State Transportation Fund with corresponding decrease to Operating Transfer In to the General Fund. 6 Vehicle Repair and Maintenance Agreement Approved Staff Recommendation (4 -0 -1) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Member Naggar absent RECOMMENDATION: 6.1 Approve a two -year Vehicle Repair and Maintenance Agreement with Old Town Tire Service LLC, in an amount not to exceed $86,000 annually. 7 California Department of Justice Fingerprinting Agreement Approved Staff Recommendation (4 -0 -1) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Member Naggar absent RECOMMENDATION: 7.1 Approve a three -year agreement with the California Department of Justice in the amount of $220,000 for fingerprinting services. 3 1 1 1 8 First Amendment to Agreement for Plan Review Services with Tom Haney for Fiscal Year 2009 -2010 Approved Staff Recommendation (4 -0 -1) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Member Naggar absent RECOMMENDATION: 8.1 Approve a First Amendment to the agreement for Consulting Services with Tom Haney in the amount of $20,000 to provide Plan Review Services for a total agreement amount of $60,000. 9 Approval of the Pre Qualified Vendors for Audiovisual Integration for the Old Town Civic Center Proiect No. IS 09 -02 Approved Staff Recommendation (4 -0 -1) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Member Naggar absent RECOMMENDATION: 9.1 Approve the list of audiovisual vendors, outlined below, as Pre Qualified AV Integrators with National Systems Contractor's Association certifications and eligible to submit bids for audiovisual integration for Phase 2 of the Old Town Civic Center Project. 10 Award a Construction Contract for the Winchester Road /Highway 79 North Corridor Beautification, Project No. PW 06 -15 Approved Staff Recommendation (4 -0 -1) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Member Naggar absent RECOMMENDATION: 10.1 Award a construction contract for the Winchester Road /Highway 79 North Corridor Beautification, Project No. PW06 -15, to Belaire -West Landscape, Inc. in the amount of $920,027; 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $184,005.40, which is equal to 20% of the contract amount. 4 1 1 1 11 Amendment No. 1 to the Professional Services Agreement with Construction Testing and Engineering, Inc. (CTE) for Additional Geotechnical and Material Testing Services associated with the Old Town Civic Center Project Project No. PW 06 -07 Approved Staff Recommendation (4 -0 -1) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Member Naggar absent RECOMMENDATION: 11.1 Approve Amendment No. 1 to the Professional Services Agreement with Construction Testing Engineering, Inc. (CTE) for additional services associated with geotechnical and special inspection services for the Old Town Civic Center Project in the amount of $78,368.50 and authorize the Mayor to execute the Amendment. 12 Fourth Amendment to the Professional Services Agreement with T.Y. Lin International for the preparation of Plans, Specifications, and Estimate for the Western Bypass Bridge Over Murrieta Creek Project No. PW06 -04 Approved Staff Recommendation (4 -0 -1) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Member Naggar absent RECOMMENDATION: 12.1 Approve a Fourth Amendment to the agreement with T.Y. Lin International in an amount not to exceed $6,055 for additional services to provide a traffic forecast analysis of Pujol Street after completing the construction of the Western Bypass Bridge Over Murrieta Creek, Project No. PW06 -04, and extending the term of the agreement to December 31, 2010. 13 Amendment No. 2 to the Professional Services agreement with Leighton Consulting, Inc. for Additional Geotechnical and Material Testing Services Associated with the Old Town Infrastructure Project Parking Structure and Office Retail PW 06 -07 (1 D) Approved Staff Recommendation (4 -0 -1) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Member Naggar absent RECOMMENDATION: 13.1 Approve Amendment No. 2 to the Professional Services Agreement with Leighton Consulting, Inc. for additional services associated with geotechnical and special inspection services for the Old Town Infrastructure Project, Parking Structure, and Office /Retail in the amount of $30,000 and authorize the Mayor to execute the Amendment. At 7:35 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. 1 1 1 PUBLIC HEARING 25 Long Range Planning Project No. LR09 -0020, Water Efficient Landscape Design Ordinance Approved Staff Recommendation (4 -0 -1) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Member Naggar absent RECOMMENDATION: 25.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 09 -08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17.32 OF THE TEMECULA MUNICIPAL CODE TO UPDATE THE WATER EFFICIENT LANDSCAPE DESIGN STANDARDS Director of Planning Richardson reviewed the staff report (as per written material and a PowerPoint presentation), providing further clarification with regard to the audit components. Council Member Comerchero recommended setting up a joint meeting with Rancho California Water District to address common problems such as enforcement techniques. The public hearing was opened. Meggan Reed, Public Information Officer with Rancho California Water District, provided additional information with regard to complaint -based enforcement process. At this time, the public hearing was closed. At this time, City Attorney Thorson introduced Ordinance No. 09 -08. 26 AB 1600 Financial Reports Approved Staff Recommendation (4 -0 -1) Council Member Roberts made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Member Naggar absent RECOMMENDATION: 26.1 Approve the AB 1600 Financial Reports for Fiscal Year Ending June 30, 2009. Finance Director Roberts presented the staff report (as per written material). The public hearing was opened; there being no public input, the hearing was closed. 6 1 1 1 CITY COUNCIL BUSINESS 27 Appointment of Mayor and Mayor Pro Tern for Calendar Year 2010 RECOMMENDATION: 27.1 Entertain motions from the City Council Members to appoint the Mayor to preside, effective January 1, 2010, to the end of Calendar Year 2010; Appointed Mayor Pro Tern Comerchero to preside as Mayor for 2010 (4 -0 -1) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval of those present with Council Member Naggar absent 27.2 Entertain motions from the City Council Members to appoint the Mayor Pro Tern, effective January 1, 2010, who will assume the duties of the Mayor in the Mayor's absence, and hold this office until the end of the Calendar Year 2010. Appointed Council Member Roberts to preside as Mayor Pro Tem for 2010 (4 -0 -1) Council Member Comerchero made the motion; it was seconded by Mayor Edwards; and electronic vote reflected approval of those present with Council Member Naggar absent 28 Appoint Southwest Cities Coalition Subcommittee (at the request of Mayor Edwards and Mayor Pro Tem Comerchero) Appointed Mayor Edwards and Council Member Comerchero (4 -0 -1) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval of those present with Council Member Naggar absent RECOMMENDATION: 28.1 Appoint two members to the Southwest Cities Coalition Subcommittee. Assistant City Manager Adams reviewed the staff report (of record). Paul Jacobs addressed the City Council with regard to this item, voicing his opposition to the formation of this subcommittee, expressing concern with the City giving up its independence. 29 Approval of the fiscal year 2010 -11 Temecula Valley Tourism Business Improvement District (TVTBID) Advisory Board's Annual Report and Declaration of Intention to Amend the Annual Assessment and Levy an Assessment against Lodging Businesses within the TVTBID for fiscal year 2010 -11 Approved Staff Recommendation (4 -0 -1) Council Member Roberts made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present with Council Member Naggar absent RECOMMENDATION: 29.1 Adopt a resolution entitled: 1 1 ADJOURNMENT RESOLUTION NO. 09 -99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE REPORT OF THE ADVISORY BOARD FOR FISCAL YEAR 2010 -11 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) 29.2 Adopt a resolution entitled: RESOLUTION NO. 09 -100 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO INCREASE THE ASSESSMENT AUTHORIZED BY TEMECULA MUNICIPAL CODE SECTION 3.40.030.B. FROM 2% TO 4% AND LEVY AN ASSESSMENT AGAINST LODGING BUSINESSES WITHIN THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2010 -11 AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF DEPARTMENTAL REPORTS CITY MANAGER REPORT City Manager Nelson wished everyone a Merry Christmas and Happy Holidays. CITY ATTORNEY REPORT City Attorney Thorson advised that the Redevelopment Agency gave direction to staff with regard to the one item in Closed Session and noted that final action will be discussed in open session at a later date. At 8:58 P.M., the City Council meeting was formally adjourned to Tuesday, January 12, 2010, 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: 4 Susan Jon`s, MMC Cit erk [SEAL] 8 aryann Edwards, Mayor