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HomeMy WebLinkAbout061212 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JUNE 12, 2012 – 7:00 PM 6:00 P..M. – The City Council will convene in Closed Session in the Canyons Conference Room on the th:ird floor of the Ternecula City Hall concerning the following matters: 1) 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 the City of Temecula. Negotiators for the City of Temecula are: Bob John, son, Aaron Adams, and Tamra Irwin. Under negotiation are the pcice and ` terms for the acquisition of the building. 2) Conference with legal counsel—Potential litigation. The City Council will meet in closed ,session with the City Attorney pursuant .to Government Code Section '� 54956.9(c) with respect to one matter of pending potential litigation and will discuss whether to. initiate litigation against the County of Riverside relating to its certification of the Final Environmental Impact Report for tFie Liberty Quarry Project." : 3) Conference with real property negotiators pursuant to Government Code Section '.. 54956.8 regarding one parcel of real property owned by the City of Temecula , consisting of approximately 30.2 acres (APN 909-370-002) locafed northwesterly ` of Diaz. Road and Dendy .Parkway. The parties to the negotiations for an amendment to the terms of sale of this property are: Wild Rivers Temecula LLC and the City of Temecula. Negotiators for the 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 Wild Rivers Temecula LLC. 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. the City Council 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: Temecula Valley Piano Competition Winners Invocation: Rabbi Barry Ulrych of Congregation B'nai Chaim of Murrieta Flag Salute: Mayor Pro Tem Naggar ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington 1 PRESENTATIONS/PROCLAMATIONS Federal Leqislative Update — David Turch Crosstown Champions, Men's Adult Softball Presentation Recordinq of "Paper Street Band" sinqinq "True Love Temecula" PUBLIC COMMENTS • Lorena Spencer • Jimmy Moore • Judy Zilfiqar • Kathy Vining • Patrice Lynes CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption - Approved Staff Recommendation (5- 0-0) Council Member Comerchero 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 Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of May 22, 2012; 2.2 Approve the action minutes of May 23, 2012. 3 List of Demands - Approved Staff Recommendation (5-0-0) Council Member Comerchero 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. 12-44 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 April 30, 2012 - Approved Staff Recommendation (5-0- 0) Council Member Comerchero 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 April 30, 2012. 5 First Amendment to Agreement for Law Enforcement Services - Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Approve the First Amendment to Agreement for Law Enforcement Services between County of Riverside and City of Temecula to include converting one Patrol Officer, one Special Enforcement Team position, and two Traffic/Motorcycle Team positions into four new POP Team positions. 6 Records Destruction Approval - Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. 7 Sponsorship Aqreement with Safe Alternatives for Evervone (S.A.F.E.) - Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Approve the Sponsorship Agreement with Safe Alternatives for Everyone in the amount of $10,000 to provide the Temecula Valley with quality and needed services for children, youth, and families who have experienced or are at risk of abuse and violence. 8 Voter Approved Measure C Annual Special Tax Levv - Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Adopt a resolution entitled: 3 RESOLUTION NO. 12-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2012-2013 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS 9 Aqreements for Buildinq Plan Review Services for Fiscal Year 2012-13 - Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Approve an agreement for Building Plan Review Services with Bureau Veritas, Inc. in the amount of $50,000; 9.2 Approve an agreement for Building Plan Review Services with Esgil Corporation in the amount of $50,000. 10 Aqreement for Landscape Plan Check and Inspections Services for Fiscal Year 2012-13 - Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Approve an agreement with Blanca Y. Price to perform Landscape Plan Check and Inspection Services for Fiscal Year 2012-13 in the amount of $90,000. 11 Aqreement with Hardy & Harper, Inc. for Citywide Paving Maintenance Services - Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 11.1 Approve an agreement with Hardy & Harper, Inc. to provide annual Paving Maintenance Services to the City in the amount of $400,000 for Fiscal Year 2012-13. 4 12 Aqreement with Rene's Commercial Management for Weed Abatement Maintenance Services - Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 12.1 Approve an agreement with Rene's Commercial Management to provide annual Weed Abatement Maintenance Services to the City in the amount of $200,000 for Fiscal Year 2012-13. 13 Aqreement with Rvan Monteleone Excavation, Inc. for Excavation, Backfill, and Gradinq Pavinq Maintenance Services - Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 13.1 Approve an agreement with Ryan Monteleone, Inc. to provide annual Excavation, Backfill and Grading Paving Maintenance Services to the City in the amount of $300,000 for Fiscal Year 2012-13. 14 Aqreement with WURM'S Janitorial Services, Inc. for Janitorial Maintenance Services - Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and efectronic vote reflected unanimous approval. RECOMMENDATION: 14.1 Approve an agreement with WURM'S Janitorial Services, Inc. to provide annual Janitorial Maintenance Services to the City in the amount of $251,557.37 for Fiscal Year 2012-13. 15 Aareement with the California Hiqhwav Patrol for Construction Zone Enhanced Enforcement Proqram Services on Phase I of the French Vallev Parkwav Interchanqe Improvement Proiect - Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 15.1 Approve the Department of California Highway Patrol's standard Reimbursable Letter of Agreement, Form CHP 465, for use in implementing the Construction Zone Enhanced Enforcement Program (COZEEP) on the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvement Project — Phase I; 15.2 Authorize the City Manager to execute multiple Reimbursable Letters of Agreement up to a total of $100,000. 5 16 Professional Services Aqreement for a Preliminarv Investiqation of the Old Town Temecula Community Theater Remediation, PW12-04 - Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 16.1 Appropriate funding in the amount of $73,400 from the General Fund (Settlement Fund Balance) to the Old Town Temecula Community Theater Remediation, PW 12-04; 16.2 Approve an agreement with Meyer and Associates in the amount of $58,400 for a preliminary investigation of the Old Town Temecula Community Theater Remediation, PW12-04; 16.3 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $15,000, which is equal to approximately 25% of the agreement amount. 17 Construction Contract for Citvwide Concrete Repairs — PW12-07 - Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 17.1 Award the construction contract for Citywide Concrete Repairs Project — PW12- 07, to Above All Names Construction Services, Inc. in the amount of $127,777.77 for Fiscal Year 2012-2013; 17.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $25,555.55, which is equal to 20% of the contract amount; 17.3 Make a finding that the Citywide Concrete Repairs Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 18 Amendments to Annual Aqreements for various services required bv the Public Works, Traffic Division — Fiscal Year 2012-13 - Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 18.1 Approve the following amendments to annual agreements in the amounts stated for Fiscal Year 2012-13 for various Traffic Division operational needs. First Amendment with DBX, Inc. $30,000 Second Amendment with McCain, Inc. $30,000 First Amendment with Willdan Engineering $30,000 6 19 Second readinq of Ordinance No. 12-04 - Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 19.1 Adopt an ordinance entitled: ORDINANCE NO. 12-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 3.30 TO THE TEMECULA MUNICIPAL CODE TO ESTABLISH A LOCAL VENDOR PREFERENCE PROGRAM AND AMENDING SECTIONS 3.28.020, 3.28.220, 3.28.260, AND 3.32.010 OF THE TEMECULA MUNICIPAL CODE TO INTEGRATE THE LOCAL VENDOR PREFERENCE POLICY INTO THE CITY'S PURCHASING SYSTEM Mayor Washington recessed the City Council Meeting to the scheduled meetings of the Temecula Community Services District Meeting and the Successor Agency to the Temecula Redevelopment Agency at 8:00 PM. The meeting was reconvened as a Joint City Council/Successor Agency to the Temecula Redevelopment Agency Meeting at 8:30 PM. JOINT CITY COUNCIL/SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY BUSINESS 25 Adoption of the Fiscal Year 2013-2017 Caqital Improvement Proqram Budqet RECOMMENDATION: 25.1 The City Council adopt a resolution entitled: Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and voice vote reflected unanimous approval with the following noted abstentions. Council Member Comerchero did not participate in the discussion concerning the Margarita Road — Project 2(Avenida Barca to Solana Way) portion of the Pavement Rehabilitation Program-Citywide project because he has an interest in real property within 500 feet of the boundaries of this project and it is likely to affect this property. Council Member Comerchero abstained in the approval of this Resolution as such approval relates to the Margarita Road — Project 2(Avenida Barca to Solana Way) portion of the Pavement Rehabilitation Program-Citywide project. Council Member Edwards did not participate in the discussion concerning the Murrieta Creek Improvements project and the Temecula Community Center Renovation project because her employer, the Boys and Girls Club, is located within 500 feet of these projects and they are likely to affect her employer and this property. Council Member Edwards abstained in the approval of this Resolution as such approval relates to the Murrieta Creek Improvement project and the Temecula Community Center Renovation project. Council Member Naggar did not participate in the discussion � concerning the Great Oak High School Tennis Court Lighting project and the study of the Medians and the Ornamental Pedestrian Barriers project on Deer Hollow adjacent to the Great Oak High School project because he has an interest in real property within 500 feet of the boundaries of these projects and they are likely to affect this property. Council Member Naggar abstained in the approval of this Resolution as such approval relates to the Great Oak High School Tennis Court Lighting project and the study of the Medians and the Ornamental Pedestrian Barriers project on Deer Hollow adjacent to the Great Oak High School project. RESOLUTION NO. 12-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FY 2013-17 AND ADOPTING THE CAPITAI IMPROVEMENT BUDGET FOR FY 2012-13 25.2 The Successor Agency to the Temecula Redevelopment Agency adopts a resolution entitled: Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and voice vote reflected unanimous approval with the following noted abstentions. Council Member Comerchero did not participate in the discussion concerning the Margarita Road - Project 2(Avenida Barca to Solana Way) portion of the Pavement Rehabilitation Program-Citywide project because he has an interest in real property within 500 feet of the boundaries of this project and it is likely to affect this property. Council Member Comerchero abstained in the approval of this Resolution as such approval relates to the Margarita Road - Project 2(Avenida Barca to Solana Way) portion of the Pavement Rehabilitation Program-Citywide project. Council Member Edwards did not participate in the discussion concerning the Murrieta Creek Improvements project and the Temecula Community Center Renovation project because her employer, the Boys and Girls Club, is located within 500 feet of these projects and they are likely to affect her employer and this property. Council Member Edwards abstained in the approval of this Resolution as such approval relates to the Murrieta Creek Improvement project and the Temecula Community Center Renovation project. Council Member Naggar did not participate in the discussion concerning the Great Oak High School Tennis Court Lighting project and the study of the Medians and the Ornamental Pedestrian Barriers project on Deer Hollow adjacent to the Great Oak High School project because he has an interest in real property within 500 feet of the boundaries of these projects and they are likely to affect this property. Council Member Naggar abstained in the approval of this Resolution as such approval relates to the Great Oak High School Tennis Court Lighting project and the study of the Medians and the Ornamental Pedestrian Barriers project on Deer Hollow adjacent to the Great Oak High School project. 8 RESOLUTION NO. SARDA 12-12 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FY 2013-17 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2012-13 26 Adoption of the Fiscal Year 2012-13 Annual Operating Budqet — Approved Staff Recommendation 26.1, 26.2, and 26.3. (5-0-0) The motion was made by Council Member Naggar; it was seconded by Council Member Comerchero; and voice vote reflected unanimous approval. RECOMMENDATION: 26.1 The City Council adopt a resolution entitled: RESOLUTION NO. 12-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FISCAL YEAR 2012-13 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 26.2 The City Council adopt a resolution entitled: RESOLUTION NO. 12-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS 26.3 The City Council adopt a resolution entitled: RESOLUTION NO. 12-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2012-13 26.4 The Successor Agency to the Temecula Redevelopment Agency adopt a resolution entitled: The motion was made by Director Naggar; it was seconded by Director Comerchero; and voice vote reflected unanimous approval. (5-0-0) RESOLUTION NO. SARDA 12-13 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY ADOPTING THE FISCAL YEAR 2012-13 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS Mayor Washington adjourned the SARDA meeting and reconvened the regular City Council Meeting at 8:57 P.M. 9 CITY COUNCIL BUSINESS 27 Amendment to the Stormwater/Urban Runoff Manaqement and Discharqe Controls Ordinance (Water Qualitv Ordinance) - Approved staff recommendation (5-0-0) The motion was made by Director Naggar; it was seconded by Director Comerchero, and voice vote reflected unanimous approval. RECOMMENDATION: 27.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 12-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 8.28 OF THE TEMECULA MUNICIPAL CODE RELATING TO STORM WATER AND URBAN RUNOFF MANAGEMENT AND DISCHARGE CONTROL, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO PREPARE A MANUAL SETTING FORTH THE ADMINISTRATIVE RULES, PROCEDURES, AND REQUIREMENTS NECESSARY TO IMPLEMENT THIS ORDINANCE 27.2 Authorize the City Attorney to prepare and submit a`Certified Statement of Adequate Legal Authority' to the San Diego Regional Water Quality Control Board certifying that the City's Water Quality Ordinance has adequate legal authority to ensure full compliance with the new NPDES MS4 permit. CITY MANAGER REPORT CITY ATTORNEY REPORT With respect to the Closed Session item, City Attorney Thorson advised that there was no action to report. ADJOURNMENT At 9:03 P.M., the City Council meeting was formally adjourned to Tuesday, June 26, 2012, at 5:30 PM, for a Closed Session, with regular session comme� cing, t 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. ,�� -- % � ' � � � �--- � Chuc W shington, Mayor ATTEST: ;-- � � � . � Susan W Jones, MMC ity CI [SEAL] 10