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Home My WebLink About092512 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET SEPTEMBER 25, 2012 — 7:00 PM 6:00 P.M. — The City Council will convene in Closed Session in the Canyons Conference Room on the third floor the Temecula City Hall concerning the following matters: 1) Conference with City Attorney pursuant to Government Code Section 54956.9(b) with respect to one matter of potential litigation. With respect to such matter, the City Attorney has determined that based on existing facts and circumstances a point has been reached where there is a significant exposure to litigation involving the City. ' � 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 27495 Enterprise Circle West, Temecula, California and identified as Assessor's Parcel Number 921-480-013 in connection � with the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, Project Number PW00-26. The negotiating parties are the City of Temecula and Christine and Michael Smith dba Temecula Marine. The City's negotiators are Greg Butler and Amer Attar. Under negotiation are the.price and terms. 3) 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 27498 Enterprise Circle West, Temecula, California and identified as Assessor's Parcel Number 921-480-020 in connection with the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, Project Number PW00-26. The negotiating parties are the City of Temecula and Ruben Valloza dba Audio Evolution. The City's negotiafors are Greg Butler and Amer Attar. Under negotiation are the price and terms. 4) 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 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 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. 1 CALL TO ORDER: Mayor Chuck Washington Prelude Music: Leilani Kilgore Invocation: Pastor Luke Kirkendall of Southwest Christian Church Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTATIONS/PROCLAMATIONS Presentation by Darlene Wetton, CEO of Universal Healthcare Systems Because Nice Matters Proclamation Certificate of Achievement to John Buckley for attaininq the rank of Eaqle Scout PUBLIC COMMENTS The following individuals addressed the City Council: • Don Durnil • Fred Bartz • Angela Woodend • Paul Jacobs CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure — Approved staff recommendation (4-0-1, Council Member Edwards absent) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote showed approval, with Council Member Edwards absent. 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 Edwards absent) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote showed approval, with Council Member Edwards absent. RECOMMENDATION: 2.1 Approve the action minutes of September 11, 2012. 2 3 List of Demands — Approved staff recommendation (4-0-1, Council Member Edwards absent) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote showed approval, with Council Member Edwards absent. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 12-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Meeting Schedule for Citv Council Meetinqs for the month of December 2012 — Approved staff recommendation (4-0-1, Council Member Edwards absent) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote showed approval, with Council Member Edwards absent. RECOMMENDATION: 4.1 Direct the City Clerk to cancel the December 25, 2012 City Council Meeting and perform the appropriate postings and noticing requirements of the Government Code. 5 Review of City Conflict of Interest Code — Approved staff recommendation (4-0-1, Council Member Edwards absent) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote showed approval, with Council Member Edwards absent. RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 12-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CITY'S CONFLICT OF INTEREST CODE 6 S�onsorship Aqreement for the Komen Inland Empire Race for the Cure — Approved staff recommendation (4-0-1, Council Member Edwards absent) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote showed approval, with Council Member Edwards absent. RECOMMENDATION: 6.1 Approve the Sponsorship Agreement for the Komen Inland Empire Race for the Cure in the amount of $13,771 for in-kind city support services, $10,865 for in- kind promotional services, and $22,500 in cash for the October 21, 2012 race. 3 7 Aqreement for Consultant Services for the Citvwide Pavement Rehabilitation Proqram for Fiscal Year 2012-13, PW12-12 — Approved staff recommendation (4-0-1, Council Member Edwards absent) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote showed approval, with Council Member Edwards absent. RECOMMENDATION: 7.1 Approve the Agreement for Consultant Services with Hall & Foreman, Inc. in an amount not to exceed $220,570 for the development of rehabilitation strategies and the preparation of the Plans, Specifications, and Estimate for the Citywide Pavement Rehabilitation Program for Fiscal Year 2012-13, PW12-12; 7.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $22,057, which is equal to 10% of the agreement amount. 8 Purchase and Sale Aqreements with the Citv of Murrieta for French Vallev Parkwav Interchanqe — PW02-11 and PW07-04 — Approved staff recommendation (4-0-1, Council Member Edwards absent) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote showed approval, with Council Member Edwards absent. RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 12-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING FIVE CERTAIN AGREEMENTS ENTfTLED PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND THE CITY OF MURRIETA IN CONNECTION WITH THE FRENCH VALLEY PARKWAY/INTERSTATE 15 OVERCROSSING AND INTERCHANGE IMPROVEMENTS — PROJECT NUMBERS PW02-11 AND PW07-04 8.2 Authorize the City Manager to approve and execute any necessary documents and to take all necessary actions to complete this acquisition, including without limitation, the approval and execution of all documents referenced in the Purchase and Sale Agreements and all escrow instructions; 8.3 Authorize the Chief Financial Officer to issue a warrant for the sum of $1,082,452 plus escrow fees for deposit with the Escrow Holder, Chicago Title, to complete the transaction. Escrow fees are estimated not to exceed $15,000. 4 RECONVENE TEMECULA CITY COUNCIL At 8:01 P.M., the City Council convened as the Temecula Community Services District. At 8:45 P.M., the City Council resumed with regular business. DEPARTMENTAL REPORTS 14 Planninq Department Monthly Report 15 Economic Development Monthlv Report 16 Police Department Monthly Report 17 Public Works Department Monthlv Report CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that there were no reportable actions. ADJOURNMENT At 8:46 P.M., the City Council meeting was formally adjourned to Tuesday, October 9, 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. � � � �' , Chuck W ngton, ayor ATTEST: (it/• �N eo Susan . J nes, MMC City Cle k [SEAL] 5