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Home My WebLink About071310 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JULY 13, 2010 — 7:00 PM 6:00 P.M. Closed Session of the City„ Council/Temecula Redevelopment Agency pursuant to Government Code Se" ction: 1) Conference with City Attorney pursuant to Gove.rnment _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(6 to decide whether to initiate litigation:" " F . �:2) Public Employee Performance Evalwation fdr'We incumbent position of City. " .Manager pursuant to Government Code Section 54957.,_ 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 6:00 P.M., Mayor Comerchero called the City Council meeting to order and recessed the meeting to Closed Session to consider the matters described on the agenda for Closed Session. The City Council meeting convened at 7:02 P.M. CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Jennifer Cox Invocation: Shawn Nelson ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero PRESENTATIONS /PROCLAMATIONS Parks and Recreation Month Proclamation City County Schools (CCS): Foster Youth Task Force Presentation 1 PUBLIC COMMENTS The following individuals addressed the City Council with matters as noted on the speaker request from: • Patrice Lynes - Arizona Resolution — SB 1070 • Raymond Herrera - Support Arizona Resolution • Tom Vining • Jennaya Dunlap - Opposed to SB 1070 • Chuck Rear - Water Wastage — Segregated Trash • Tina Nicholas - Racial profiling against the undocumented who live in Lake Elsinore • Ted Wegener - Support of Arizona Resolution CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards 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 Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of June 22, 2010; 2.2 Approve the action minutes of July 2, 2010. 3 List of Demands - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards 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. 10 -54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 2 4 City Treasurer's Report as of May 31, 2010 - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards 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 May 31, 2010. 5 Substitute Agreements and Bonds for Public Improvements in Tract Map No. 24188 (located southeasterly of the intersection of Meadows Parkway and Pauba Road) - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Accept substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map No. 24188; 5.2 Accept substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map No. 24188; 5.3 Authorize the release of the existing Faithful Performance, Labor & Materials, Erosion Control, and Monumentation Bonds for Tract Map No. 24188; 5.4 Direct the City Clerk to so advise the developer and surety. 6 Substitute Agreements and Bonds for Public Improvements in Tract Map No. 24188 -2 (located East of Meadows Parkway, South of Pauba Road, and West of Butterfield Stage Road) - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Accept substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map No. 24188 -2; 6.2 Accept substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map No. 24188 -2; 6.3 Authorize the release of the existing Faithful Performance, Labor & Materials, Erosion Control, and Monumentation Bonds for Tract Map No. 24188 -2; 6.4 Direct the City Clerk to so advise the developer and surety. 3 7 Approval of the Plans and Specifications and Authorization to Solicit Bids for Maintenance of Landscape Improvements on Caltrans Right of Way Adjacent to the Civic Center and Parking Structure, Project No. PW06 -07(1 D) - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Approve the Plans and Specifications and authorize the Department of Public Works to solicit bids for the Maintenance of Landscape Improvements on Caltrans right of way adjacent to the Civic Center and Parking Structure Projects, Project No. PW06- 07(D). 8 Acceptance of Improvements and Notice of Completion for Old Town Infrastructure Project — Parking Structure, Project No. PW06 -070 D) - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. 0 RECOMMENDATION: 8.1 Accept the Old Town Infrastructure Project — Parking Structure, Project No. PW06 -07(1 D), as complete; 8.2 Direct the City Clerk to file and record the Notice of Completion and accept a rider to the Performance Bond to serve as one (1) year Maintenance Bond in the amount of 10% of the final contract amount; 8.3 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. 9 Award of a Construction Contract for Citywide Storm Drain Improvements — Rancho California Road at Vincent Moraga Drive, Project No. PW09 -09 - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION 9.1 Award a construction contract for Project No. PW09 -09, Citywide Storm Drain Improvements — Rancho California Road at Vincent Moraga Drive, to KZC Construction, Inc. in the amount of $109,590; 9.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $10,959 which is equal to 10% of the contract amount; 9.3 Make a finding that the Citywide Storm Drain Improvement — Rancho California Road at Vincent Moraga Drive project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 4 10 Approval of the Eleventh Amendment to the Consulting Agreement with Moffatt & Nichol Engineers for French Valley Parkway/ Interstate -15 Over - Crossing and Interchange Improvements, Phase I — Project No. PW07 -04 - Approved Staff Recommendation (5- 0-0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Approve the Eleventh Amendment to the consulting agreement with Moffatt & Nichol Engineers in an amount not to exceed $569,760 for additional services necessary to complete the construction Plans, Specifications, and Estimate for the French Valley Parkway / Interstate -15 Over - Crossing and Interchange Improvements, Phase I — Project No. PW07 -04, and extend the term of the Agreement through June 30, 2011. 11 Amendment No. 1 to the Professional Engineering Services Agreement with RBF Consulting for the desiqn of the 1- 15/SR -79S Ultimate Interchange, Project No. PW04 -08 - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 11.1 Approve Amendment No. 1 to the Agreement For Professional Engineer Services with RBF Consulting for design of the 1- 15/SR -79 South Ultimate Interchange, authorizing an additional $182,000 for added work. 12 Award a Contract to Time Warner Cable for a Municipal Area Network (MAN) - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 12.1 Approve a five -year agreement with Time Warner Cable Business Class for Municipal Area Network (MAN) connectivity at the annual cost of $50,799.96. 13 Second Amendment to Agreement between the City of Temecula and Blanca Y. Price for Landscape Plan Check and Inspection Services - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 13.1 Approve a budget transfer to the Planning Department's Operating Budget from Building and Safety Budget in the amount of $20,000; 5 13.2 Approve a Second Amendment to Agreement with Blanca Y. Price in the amount of $20,000 for Landscape Plan Check and Inspection Services for a total agreement of $90,000 for Fiscal Year 2009 -2010. Consent Calendar Item No. 14 was pulled for separate discussion 14 Authorize the preparation of documents necessary to file an application with the Local Agency Formation Commission ( LAFCO) for a modification to the City's Sphere of Influence, as mandated by LAFCO as a condition of approval for the Annexation of certain uninhabited territory described as the Santa Margarita Area Annexation (No. 2) comprised of approximately 4,510 acres located southwest of the City - Approved Staff Recommendation as amended (5 -0 -0) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 10 -55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE PREPARATION OF DOCUMENTS NECESSARY TO FILE AN APPLICATION WITH RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION ( LAFCO) FOR A MODIFICATION TO THE CITY'S SPHERE OF INFLUENCE, AS MANDATED BY LAFCO AS A CONDITION OF APPROVAL TO ANNEX CERTAIN UNINHABITED TERRITORY DESCRIBED AS THE SANTA MARGARITA AREA ANNEXATION (NO. 2) COMPRISED OF APPROXIMATELY 4,510 ACRES. LOCATED SOUTHEAST OF THE CITY PURSUANT TO THE CORTESE- KNOX - HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 (LR09 -0024) Planning and Redevelopment Director Richardson presented the staff report as per agenda material (of record). The following individuals addressed the City Council with regard to this item: • Paul Jacobs - LAFCO Sphere of Influence Giveaway • Wayne Hall • Joseph Hudson - LAFCO Sphere of Influence 6 15 Support for H.R. 891 and S. 322, the Commuter Benefits Equity Act (at the request of Mayor Comerchero) - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 10 -56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUPPORT H.R. 891 AND S. 322, THE COMMUTER BENEFITS EQUITY ACT, WHICH WOULD MAKE PERMANENT THE PARITY BETWEEN EMPLOYEE PARKING AND TRANSIT PASS TAX BENEFITS IN THE INTERNAL REVENUE CODE THAT WAS CREATED TEMPORARILY IN LAST YEAR'S AMERICAN REINVESTMENT AND RECOVERY ACT (AARA) At 8:09 P.M., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 8:12 P.M., the City Council resumed with regular business. PUBLIC HEARING 19 Approval of a New Freeway Agreement with the State of California — French Valley Parkway / Interstate -15 Over - Crossing and Interchange Improvements, Phase I and II - Approved Staff Recommendation (5 -0 -0) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 19.1 Adopt a resolution entitled: RESOLUTION NO. 10- 57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A NEW FREEWAY AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF TEMECULA Public Works Director Butler reviewed the staff report (as per agenda material). There being no public input, the public hearing was closed. 7 CITY COUNCIL BUSINESS 20 Proposed Lawful Hiring Compliance (E- verify) Ordinance requiring employers to check the work authorization status of newly hired workers - Approved Staff Recommendation (5 -0 -0) — Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 20.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 10 -12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE TEMECULA MUNICIPAL CODE BY ADDING A NEW CHAPTER 5.06, LAWFUL HIRING COMPLIANCE, AMENDING SECTIONS 5.04.270, 5.04.280 AND 5.04.300, ADDING SECTION 5.04.310 AND REPEALING SECTION 5.04.200 REQUIRING EMPLOYERS TO VERIFY THE WORK AUTHORIZATION STATUS OF NEWLY HIRED WORKERS UNDER FEDERAL LAW AS A CONDITION OF RECEIVING A BUSINESS LICENSE, PROVIDING FOR REMEDIES FOR VIOLATIONS, AND PROVIDING FOR APPEALS OF ADMINISTRATIVE DECISIONS CONCERNING SUCH REQUIREMENTS City Attorney Thorson provided a detailed overview of the staff report (as per written material of record.) The following individuals spoke in support of the proposed recommendation: • George DiLeo • Amy LaBruyere • Patrice Lynes • Ernie White • Mike Witous • Magdalena Hannigan • Jane Lauhou • Peter Maroosis • Raymond Herrera • Robin Hvidston • Ana Bradfield • Pete De La Torres • Ned Messer • Tom Vining • James Baca • Eugene Stock • Rebecca Dunhoff • Glenn Jones • Michael Mudd 8 • William Prouty • Ted Wegener • Lisa Dana The following individual spoke in opposition to the proposed recommendation: • Bob Eilek • Rudy Navarro • Jennaya Dunlap CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that with regard to the Closed Session item, under the Brown Act, there was no reportable action. ADJOURNMENT At 10:18 P.M., the City Council meeting was formally adjourned to Tuesday, July 27, 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. In memory of Bradley Eckhardt ,j Jeff Comerchero, Mayor ATTEST: L.IJ Susan W Jones, MC [SEAL] 9