The URL can be used to link to this page

Home My WebLink About071211 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCiL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JULY 12, 2011 — 7:00 PM 6:00 P.M. - The City Council/Temecula Redevelopment Agency will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) Conference with City Attorney pursuant to Government Code Section 54956.9(a) with respect to one matter of pending litigation to which the City is a plaintiff. The title of the litigation is People of the Stafe of California and City of Temecula v. Cooperative Patient Services, lnc., ef. a/., Riverside County Superior Court Case No. RIC 1103777, Fourth District Court of Appeal No. E053310. 2) Conference with City Attorney pursuant to Government Code Section 54956.9(a) with respect to one matter of pending litigation to which the City is a plaintiff. The title of the litigation is City of Temecula, et, al. v. Tovey/Shultz Construction, Inc., et. al., Riverside County Superior Court Case No. RIC 541908 (Old Town Community Theater construction litigation). 3) The City Council will di`scuss potential candidates for appointment to the position of Gity Manager pursuant to Government Code Section 54957. Public Information concerning existing litigation between the City and various parties ' ma be acquired b reviewin the ublic documents held b the Cit Clerk. At 6:00 P.M., Mayor Roberts called the City Council meeting to order and recessed to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Roberts Prelude Music: Leon Palaganas Invocation: Pastor Tiffany Baker of The Empowerment Center Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts Action Minutes\071211 1 PRESENTATIONS/PROCLAMATIONS Certificate of Achievement for Eaqle Scout Daniel Duvall Presentation to Rov Paulson who was honored as "Exporter of the Year" Presentation to David Estrada and Local Businesses PUBLIC COMMENTS The following individuals addressed the City Council: • George DiLeo • Diana Serafin • Patrice Lynes • Christopher Bieber • Donald Lambert CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption 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 (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of June 28, 2011. 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 enfitled: Action Minutes\071211 2 RESOLUTION NO. 11-50 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 May 31, 2011 — 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, 2011. 5 Acceptance of certain Public Streets into the Citv-Maintained System within Tract Map Nos. 30264-3, -4, -7, -9, -10, -14, -15, -F (located southeasterlv of the intersection of Pechanqa Parkway and Wolf Vallev Road within the Wolf Creek Subdivision) — Approved Staff Recommendation (4-0-1) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with the exception of Council Member Naggar who abstained. RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 11-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NOS. 30264 -3, -4, -7, -9, -10, -14, -15, -F) 6 Amendment to Annual Aqreement for Citvwide Street Name Siqns for fiscal vear 2011- 12 — 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 an amendment to the annual agreement with Main Street Signs in the amount of $75,000 for fiscal year 2011-12. 7 Amendment to the Annual Purchase Agreement for the purchase of Asphalt Products for fiscal year 2011-12 — 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 the amendment to the purchase agreement with CalMat (dba Vulcan Materials Company) in the amount of $100,000 for fiscal year 2011-12. Action Minutes\071211 3 8 Amendments to Annual Aqreements for various services required by the Public Works Maintenance Division for fiscal vear 2011-12 — 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 following amendments to annual agreements in the amounts stated for fiscal year 2011-12 for routine street maintenance and emergency services for various Maintenance Division needs. General Engineering Contractor Services: Del Rio Enterprise $ 50,000 Ryan Monteleone Excavation, Inc. $ 200,000 Vehicle Maintenance: Altec Industries, Inc. $ 30,000 9 Approval of a Minor Maintenance Aqreement for Annual Tree Trimming and Maintenance 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: 9.1 Approve a Minor Maintenance Agreement for the Annual Tree Trimming and Maintenance Services with West Coast Arborists, Inc. for $200,000 annually and authorize the Mayor to execute the agreement; 9.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $20,000 annually which is equal to 10% of the contract amount. 10 Settlement of Eminent Domain Proceedinq: Litiqation Citv of Temecula v. Borchard- Temecula, L.P., et al. (Riverside Countv Superior Court Case No. 519298) for the Pechanga Parkwav Storm Drain Improvements — Environmental Mitiqation (Proiect No. PW 99-11 EM) — 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 Approve the following document, substantially in the form attached: Stipulation for Entry of Final Judgment in Condemnation and Final Order of Condemnation and for Withdrawal of Funds on Deposit Submitted by Plaintiff City of Temecula and Defendant Borchard-Temecula, L.P.; 10.2 Authorize the City Manager to approve and execute any necessary documents and to take all necessary actions to complete this acquisition; Action Minutes\071211 4 10.3 Authorize the Finance Director to issue a warrant for the sum of $20,558 payable to Borchard-Temecula, L.P. pursuant to the attached Stipulation for Entry of Final Judgment and Final Order of Condemnation; 10.4 Authorize the Finance Director to issue a warrant in an amount not to exceed $10,000 to the State of California for litigation fees and costs, if any, ordered by the Superior Court for dismissal of a defendant pursuant to Code of.Civil Procedure Section 1268.610. 11 Second Readinq of Ordinance No. 11-03 — 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 Adopt an ordinance entitled: ORDINANCE NO. 11-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A PROCEDURE TO REQUEST A REASONABLE ACCOMMODATION FROM THE CITY'S ZONING AND LAND USE POLICIES, DESIGNATING RESIDENTIAL CARE FACILITIES SERVING SIX OR FEWER PERSONS AS A PERMITTED USE IN RESIDENTIAL ZONING DISTRICTS, AUTHORIZING THE PLANNING COMMISSION TO REVIEW APPEALS OF THE PLANNING DIRECTOR'S DECISIONS, AND AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE (LONG RANGE PLANNING PROJECT NO. LR11-0002) At 7:50 P.M., the City Council convened as the Temecula Community Services District, the Redevelopment Agency, the Temecula Public Financing Authority, and the Temecula Public Financing Authority. At 7:53 P.M., the City Council resumed with regular business. PUBLIC HEARING 15 Weed Abatement Lien Resolution for fiscal year 2010-11 — 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 15.1 Adopt a resolution entitled: Action Minutes\071211 5 RESOLUTION NO. 11-52 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 2010-2011 Building Official Rich Johnston presented the staff report (as per agenda material). There being no public comments, the public hearing was closed. CITY COUNCIL BUSINESS 16 Increase in the Informal Bid Limit and Protest Procedures — Approve Staff Recommendation 16.1 as amended, with the elimination of protest fee. (4-0-1) Council Member Naggar made the motion; it was seconded by Mayor Roberts and electronic vote reflected approval with the exception of Council Member Comerchero who voted no. RECOMMENDATION: 16.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 11-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTIONS 3.28.350 AND 3.32.060 OF THE MUNICIPAL CODE REGARDING BID PROTEST PROCEDURES AND AMENDING SECTIONS 3.32.010 OF THE TEMECULA MUNICIPAL CODE REGARDING THE CONSTRUCTION OF PUBLIC PROJECTS Motion was made to direct the Finance Department to bring back a report 12 months after adoption of Ordinance No. 11-05, detailing protests filed and costs associated with these protests. (5-0-0) Council Member Edwards made the motion; it was seconded by Council Member Naggar; and electronic vote reflected unanimous approval. 16.2 Adopt a resolution entitled: - NOT ADOPTED CCC/ll IITI/1AI AIA ��_ A��I IT1�1A1 !1C TLIC /'`ITV /'`/111A1/'`11 �1C TLIC /'`ITV !1C TCM€vv�r�c GCTAQI ICLJIAI/'_ TLIC D��ITCCT CCC C/'`LJCIII ll C C�l� DO�ITCCTC Fiscal Services Manager Robert Cardenas provided an overview of the staff report (as per agenda material). Action Minutes\071211 6 CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that there were no reportable actions ADJOURNMENT At 8:45 P.M., the City Council meeting was formally adjourned to Tuesday, July 26, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Ron Roberts, Mayor ATTEST: Susan . J nes, MMC City C rk SE ] Action Minutes\071211 7