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Home My WebLink About050812 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET MAY 8, 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 Redeyelopment 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 real property negotiations for completion of the acquisition of the real property commonly known as 41375 McCabe Court, Temecula, California and identified as Assessor's Parcel Number 910-262-008 in connectiorr with the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements, PW02-11. The negotiating parties are the City of Temecula and Mike Kupka. Negotiators for the City of Temecula are: Greg Bu#ler and Amer Attar. Under negotiafion are the price and terms. 3) Conference with real property negotiators pursuant fo 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 the 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. , 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: To Be Announced Invocation: Pastor Steve Redden of Crosspoint Church Flag Salute: Council Member Comerchero 1 ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTATIONS/PROCLAMATIONS Cal State San Marcos Presentation National Public Works Week Proclamation Druq Free Video Presentation PUBLIC COMMENTS • Ron Owens • Lorena Spencer • Chuck Rear • Mark Margolin & Greg Prudhomne 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 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 Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of April 24, 2012. 3 List of Demands - Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: 2 RESOLUTION NO. 12-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Citv Treasurer's Report as of March 31, 2012 - Approved Staff Recommendation (5-0-0) Council Member Washington 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 March 31, 2012. 5 Escrow Aqreement — United States Armv Corps of Enqineers; Security for the French Vallev Parkwav Project's Environmental Mitiqation, PW07-04 - Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Approve the Escrow Agreement with the United States Army Corps of Engineers and Union Bank, N.A. to establish an escrow account in the amount of $600,000. 6 Temporarv Street Closures for 2012 Summerfest Events - Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2012 Summerfest Events: `WESTERN DAYS' `OLD TOWN TEMECULA STREET PAINTING FESTIVAL' `4TH OF JULY PARADE' `4TH OF JULY FIREWORKS' `HOT SUMMER NIGHTS CONCERT IN THE PARK' 7 Acceptance of Improvements and Notice of Completion for the Pavement Rehabilitation Program — Winchester Road, PW10-11 - Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Approve an increase to the contingency of the Pavement Rehabilitation Program, Winchester Road, PW10-11, in the amount of $68,626.04 and increase the City Manager approval authority by that same amount; 3 7.2 Accept the construction of the Pavement Rehabilitation Program, Winchester Road, PW10-11, as complete; . 7.3 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; 7.4 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 8 Professional Services Aqreement for the Desiqn of the Temecula Communitv Center Renovation, PW12-01 - Approved Staff Recommendation (4-0-1, Council Member Edwards abstained) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with Council Member Edwards abstaining. RECOMMENDATION: 8.1 Approve a transfer and an appropriation of $183,715 from the Old Town Gymnasium to the Temecula Community Center Renovation; 8.2 Approve an Agreement with Williams Architects, Inc. in the amount of $130,650 for the design of the Temecula Community Center Renovation, PW12-01; 8.3 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $13,065, which is equal to 10% of the agreement amount. 9 Construction Contract for the Citvwide Slurry Seal Project Fiscal Year 2011-12, PW11-09 - Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Approve the transfer of the balance of Proposition 1 B funds totaling $259,516, from the Capital Improvement Funds (210 Account) for 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), to the General Fund for the Citywide Slurry Seal Project Fiscal Year 2011-12, PW11-09; 9.2 Approve the appropriation and transfer of $511,355 from the Gas Tax Fund Balance to the General Fund for the Citywide Slurry Project Fiscal Year 2011-12, PW 11-09; 9.3 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; 4 9.4 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; 9.5 Make a finding that the Citywide Slurry Seal Project Fiscal Year 2011-12 Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. RECESS � At 7:33 P.M., the City Council convened as the Temecula Community Services District. At 7:36 P.M., the City Council resumed with regular business. CITY COUNCIL BUSINESS 15 Purchase and Sale Aqreement between the City of Temecula and Wild Rivers Temecula LLC for the sale of aqproximatelv 19.7 acres located northwesterlv of Diaz Road and Dendv Parkway (APN 909-370-002) - Approved Staff Recommendation (5-0-Oj Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 12-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" BETWEEN THE CITY OF TEMECULA AND WILD RIVERS TEMECULA LLC FOR THE SALE OF CERTAIN REAL PROPERTY (APN 909-370-002) By way of a Power Point presentation, Patrick Richardson, Director of Planning & Development, presented the staff report as per agenda material. , The following individual addressed the City Council with regard to this item: • Bret Kelley CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson reported in respect to Item No. 1 the sale was concluded this evening under Council Business. With respect to Item No. 2 Council direction was given to City Attorney for completion of the negotiations. With respect to Item No. 3, Council direction was given to City Attorney for negotiations and no final action will be taken on the property until it comes back to Council for consideration in open session. 5 ADJOURNMENT At 8:07 P.M., the City Council meeting was formally adjourned to Tuesday, May 22, 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. i /� - � �. / / uck W shington, Mayor ATTEST: �„� u-�'�. Susan W. Jone ; MMC City Cler SEAL-] 6