HomeMy WebLinkAbout042412 CC Action Minutes ACTION MINUTES
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
41000 MAIN STREET
APRIL 24, 2012 — 7:00 PM
6:00 P.M. — The City Council/Successor Agency to the 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 real property negotiators pursuant to Government Code Section
54956.8 regarding one parcel of real property owned by the Successor Agency to
the Temecula Redevelopment Agency consisting of approximately 30.2 acres
(APN 909-370-002)� located northwesterly of Diaz Road and Dendy Parkway. The
parties to the negotiations for the sale of this property are: Agua ,Caliente Inc.,
Wild Rivers Temecula, LLC, the Successor Agency to the Temecula
Redevelopment Agency and the City of Temecula. Negotiators for the Successor
Agency to the Temecula Redevelopment Agency and City of Temecula are: Bob
Johnson, Patrick Richardson, and Luke Watson. Under negotiation are the price
and terms of the sale of the property to Agua Caliente Inc. .
2) Conference with real property negotiators pursuant to Government Code Section
54956.8 regarding the acquisition of the City of the YMCA building located at
29119 Margarita Road, Temecula 92591 on a portion of Margarita Park. The parties
to the negotiations for the acquisition of this building are: YMCA of Riverside City
and County and #he City of Temecula. Negotiators for the City of
Temecula are: Bob Johnson, Aaron Adams, and Tamra Irwin. Under negotiation
are the price and terms for the acquisition of the building.
3) Conference with City Attorney pursuant to Government� Code Section 54956.9(b)
and (c) to decide whether to initiate litigation on behalf �of the City and the
Temecula financing Authority. With respect to such matter,�the Gity Attorney has
determined that based. on existing facts and circumstances a point has been
reached where fhere is a significant exposure to litigation invol�ing the City and
Authority and a need to determine 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 6:00 P.M., Mayor Washington called the Closed Session meeting to order.
The City Council meeting convened at 7:00 P.M.
CALL TO ORDER: Mayor Chuck Washington
Prelude Music: Serena Sepersky
Invocation: Pastor Charles Patmon of Great Oaks Apostolic Church
Flag Salute: Council Member Roberts
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ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington
PRESENTATIONS/PROCLAMATIONS
Autism Awareness Month Proclamation
Elsinore Murrieta Anza Resource Conservation District Environment Award Presentation
Certificate of Achievement to Anthony Pena for attaininq the rank of Eaqle Scout
Asthma Awareness Month Proclamation
PUBLIC COMMENTS
• Sally Kirby
• Rosie Vanderhaak
• Nelsy Rodriguez
• Judy Zulfiqar
� Mark Katan
CITY COUNCIL REPORTS
CONSENT CALENDAR
1 Standard Ordinance and Resolution Adoption Procedure - 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:
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 (4-0-1, Council Member Roberts
abstained) Council Member Naggar made the motion; it was seconded by Council
Member Comerchero; and electronic vote reflected approval with Council Member
Roberts abstaining.
RECOMMENDATION:
2.1 Approve the action minutes of April 10, 2012.
3 List of Demands - 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:
3.1 Adopt a resolution entitled:
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RESOLUTION NO. 12-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
4 Review and Approval of Conflict of Interest Code for the Successor Agency to the
Temecula Redevelopment Agency - 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:
4.1 Adopt a resolution entitled:
RESOLUTION NO. 12-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THE CONFLICT OF INTEREST CODE CONTAINING
DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES FOR THE
SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY
5 Approval of Cooperative Aqreement for advance and reimbursement of administrative,
overhead, and other expenses by and between the City of Temecula and the Successor
Aqencv to the Temecula Redevelopment Aqencv - 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:
5.1 Adopt a resolution entitled:
RESOLUTION NO. 12-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THE COOPERATIVE AGREEMENT FOR ADVANCE AND
REIMBURSEMENT OF ADMINISTRATIVE, OVERHEAD, AND OTHER
EXPENSES BY AND BETWEEN THE SUCCESSOR AGENCY TO THE
TEMECULA REDEVELOPMENT AGENCY AND THE CITY OF TEMECULA
AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH
6 Purchase of 50 Computer Workstations — Continued off calendar
RECOMMENDATION:
6.1 Authorize the purchase of 50 Hewlett Packard 8200 computer workstations in
the amount of $43,158.74 with CDW-Government, including applicable tax and
shipping charges.
7 Grants of Access Easement and Temporary Construction Easement to Rancho
California Water District for Installation of a Groundwater Monitorinq Well (located
adiacent to Temecula Creek Trail Park) - 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.
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RECOMMENDATION:
7.1 Adopt a resolution entitled:
RESOLUTION NO. 12-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING A GRANT OF ACCESS EASEMENT AND A GRANT OF
TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF
TEMECULA AND RANCHO CALIFORNIA WATER DISTRICT IN
CONNECTION WITH A PROPOSED GROUNDWATER MONITORING WELL
LOCATED ADJACENT TO TEMECULA CREEK TRAIL PARK
7.2 Direct the City Clerk to forward the approved Grant of Access Easement and
Grant of Temporary Construction Easement to Rancho California Water District
for their acceptance and recordation.
8 Acceptance of Improvements and Notice of Completion for the Pavement Rehabilitation
Proqram — Margarita Road Project 1, PW 10-08 - 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:
8.1 Accept the construction of the Pavement Rehabilitation Program, Margarita
Road Project 1, PW10-08, as complete;
8.2 Direct the City Clerk to file and record the Notice of Completion, release the
Performance Bond, and accept a one year Maintenance Bond in the amount of
10% of the contract amount;
8.3 Release the Materials and Labor Bond seven months after filing of the Notice of
Completion if no liens have been filed.
9 Construction Contract for the Pavement Rehabilitation Proqram — Ynez Road. PW10-14
- 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:
9.1 Accelerate the appropriation of $2,500,000 from Fiscal Year 2012-13
appropriations to cover construction, administration, and construction
engineering costs;
9.2 Award a construction contract for the Pavement Rehabilitation Program — Ynez
Road, PW10-14 to EBS General Engineering, Inc. in the amount of $2,082,110;
9.3 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $208,211, which is equal to 10% of the contract amount;
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9.4 Make a finding that the Pavement Rehabilitation Program — Ynez Road is
exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees.
10 Construction Contract for the Citvwide Slurry Seal Project Fiscal Year 2011-12, PW11-09
— Continued.off calendar
RECOMMENDATION:
10.1 Approve the transfer of the balance of Proposition 1 B funds from Road and
Storm Drain Repair at Rancho California Road ($37,995); Road Reconstruction
at Jedediah Smith Road, Cabrillo Avenue, and Vallejo Avenue ($19,163); and
Citywide Slurry Seal Project Fiscal Year 2009-10 ($202,358), totaling $259,516,
to the Citywide Slurry Seal Project Fiscal Year 2011-12, PW11-09;
10.2 Award the construction contract for the Citywide Slurry Seal Project Fiscal Year
2011-12, PW11-09, portions of Paseo Del Sol, California Sunset, Rainbow
Canyon, and Starlight Ridge areas, to American Asphalt South, Inc. in the
amount of $700,791.50;
10.3 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $70,079.15, which is equal to 10% of the contract
amount;
10.4 Make a finding that the Citywide Slurry_Seal Project Fiscal Year 2011-12 Project
is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees.
11 Aqreement for Professional Geotechnical, Material Testinq, and Special Inspection
Services for the Citywide Slurrv Seal Project Fiscal Year 2011-12, PW11-09 - 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:
11.1 Approve an Agreement with LaBelle-Marvin, Inc. to provide professional
geotechnical, material testing, and special inspection services associated with
the Citywide Slurry Seal Project Fiscal Year 2011-12, portions of Paseo Del Sol,
California Sunset, Rainbow Canyon, and Starlight Ridge areas, PW11-09, in the
amount of $54,985;
11.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed
the contingency amount of $5,498.507, which is equal to 10% of the Agreement.
12 Plans and Specifications for the Citvwide Concrete Repairs — Fiscal .Year 2011-12,
PW12-07- 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: �
12.1 Approve the plans and specifications and authorize the Department of Public
Works to solicit construction bids for the Citywide Concrete Repairs — Fiscal
Year 2011-12, PW12-07.
At 8:18 P.M., the City Council convened as the Temecula Community Services District and the
Successor Agency to the� Temecula Redevelopment Agency. At 8:23 P.M., the City Council
resumed with regular business.
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CITY COUNCIL BUSINESS
22 Community Opinion Survev — Received and filed.
RECOMMENDATION:
22.1 Receive and file presentation and analysis of Community Opinion Survey results.
DEPARTMENTAL REPORTS
23 Planninq Department Monthly Report
24 Citv Council Travel/Conference Report — March 2012
25 Public Works Department Monthlv Report
26 Police Department Monthlv Report
CITY MANAGER REPORT
CITY ATTORNEY REPORT
City Attorney Thorson reported no action under the Brown Act. In respect to Item No. 1 and No.
2, no final action will be taken on either property until it comes back to Council for consideration
in open session. With respect to Item No. 3, Council direction was given to the office of
Richards, Watson and Gershon. Neither Mayor Washington nor Councilmember Comerchero
participated and were not present as both have real property interests within the CFD in
question or adjacent to it.
ADJOURNMENT
At 8:58 P.M., the City Council meeting was formally adjourned to Tuesday, May 8, 2012, at 5:30
PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council
Chambers, 41000 Main Street, Temecula, California. �-T
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Ch ashington, Mayor
ATTEST:
W•
Susan . nes, MMC
erk
[SEAL]
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