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Home My WebLink About062612 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JUNE 26, 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 of the Temecula 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 Johnson, Aaron Adams, and Tamra Irwin. Under negotiation are the price and terms for the acquisition-of the building. 2) Conference with legal counsel—Potential litigation. The City Council wilf ineet 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 fnvironmental Impact Report for the 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) located 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. • Pubfic 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 Meeting to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:01 P.M. CALL TO ORDER: Mayor Chuck Washington Prelude Music: To Be Announced Invocation: Reverend AI of Unity Church of Temecula Valley Flag Salute: Council Member Roberts 1 ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTATIONS/PROCLAMATIONS Certificates of Achievement to Jacob Adams, William Baker, Jason Geminert, Spencer Golledge, Trov Golledqe, Austin Larsen, and Tavlor Mav for attaininq the rank of Eaqle Scout PUBLIC COMMENTS The following individuals addressed the City Council: • Elaine Castillo , • Ann Crutchley • Kimberly Sheehy • Carol Monroe • Adrian McGregor • Carlos (Chai) Notarte • Richard Kencht • Ann Pica • Stephen Eldred � Garry Grant • Dustin Lundle � • Bret Kelley • Paul Jacobs • Patrice Lynes • Fred Bartz • Haley Seino • Tom Vining � Kathy Vining CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (4-0-1, Council Member Edwards absent) Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected 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 Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval, with Council Member Edwards absent. RECOMMENDATION: 2 2.1 Approve the action minutes of June 12, 2012. 3 List of Demands - Approved Staff Recommendation (4-0-1, Council Member Edwards absent) Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval, with Council Member Edwards absent. RECOMMENDATION: � 3.1 Adopt a resolution entitled: RESOLUTION NO. 12-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Aqreement for Phlebotomv Services - Approved Staff Recommendation (4-0-1, Council Member Edwards absent) Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval, with Council Member Edwards absent. RECOMMENDATION: 4.1 Approve the Agreement with American Forensic Nurses, DBA: AFN for phlebotomy services in Fiscal Year 2012-13 for an annual contract amount of $45,000. 5 California Department of Justice — Finqerprintinq Aqreement - Approved Staff Recommendation (4-0-1, Council Member Edwards absent) Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval, with Council Member Edwards absent. RECOMMENDATION: 5.1 Approve a five-year Agreement with the California Department of Justice in the amount of $75,000 annually for a total term of $375,000 for fingerprinting services. 6 Trustee/Fiscal Aqent Services for Fiscal Year 2012-13 - Approved Staff Recommendation (4-0-1, Council Member Edwards absent) Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval, with Council Member Edwards absent. RECOMMENDATION: 6.1 Approve the expenditure of $32,160 for Fiscal Year 2012-13 trustee/fiscal agent services, provided by U.S. Bank, for the City's Community Facilities Districts (CFD), Assessment District (AD), and Tax Allocation Bonds (TABs). 3 7 Fourth Amendment to the Agreement with Proactive Fire Desiqn, Inc. - Approved Staff Recommendation (4-0-1, Council Member Edwards absent) Council Member Comerchero made the motion;� it was seconded by Council Member Naggar; and electronic vote reflected approval, with Council Member Edwards absent. RECOMMENDATION: � 7.1 Approve the Fourth Amendment with Proactive Fire Design, Inc. in the amount of $60,000 for Fiscal Year 2012-13 Fire Department plan review service. 8 Fiscal Year 2012-13 Solid Waste and Recyclinq Fees - Approved Staff Recommendation (4-0-1, Council Member Edwards absent) Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval, with Council Member Edwards absent. RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 12-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SOLID WASTE AND RECYCLING FEES FOR FISCALYEAR 2012-13 9 Purchase & Sale Agreement with the Gurrola Family Trust for Murrieta Creek Bridqe and Overland Drive Extension to Diaz Road, PW00-26 - Approved Staff Recommendation (4-0-1, Council Member Edwards absent) Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval, with Council Member Edwards absent. RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 12-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND RICHARD B. GURROLA AND VALERIE GURROLA, TRUSTEES OF THE GURROLA FAMILY TRUST UNDER DECLARATION DATED DEC. 27, 2001, ROBERT A. GURROLA, GARY S. GURROLA, AND RICHARD B. GURROLA IN CONNECTION WITH THE MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ ROAD — PW00-26 9.2 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 Agreement and all escrow instructions; � 4 9.3 Authorize the Finance Director to issue a warrant for the sum of $1,242,000 plus escrow fees for deposit with the Escrow Holder, First American Title Insurance Company, to complete the transaction. Escrow fees are estimated not to exceed $15,000. 10 Plans and Specifications, and Authorization to Solicit Construction Bids for Environmental Mitigation for the French Vallev Parkwav Interchanqe Project - Approved Staff Recommendation (4-0-1, Council Member Edwards absent) Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval, with Council Member Edwards absent. ' RECOMMENDATION: , 10.1 Approve the plans and specifications, and authorize the Department of Public Works to solicit construction bids for the Environmental Mitigation for the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements. 11 Notice of Completion for the Citvwide Storm Drain Improvements — Calle Fiesta, PW10-07 - Approved Staff Recommendation (4-0-1, Council Member Edwards absent) Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval, with Council Member Edwards absent. RECOMMENDATION: 11.1 Accept the construction of the Citywide Storm Drain Improvements — Calle Fiesta, PW10-07, as complete; 11.2 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; 11.3 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. 12 Construction Contract for the Pavement Rehabilitation Proqram — Ynez Road, PW 10-14 - Approved Staff Recommendation (4-0-1, Council Member Edwards absent) Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval, with Council Member Edwards absent. RECOMMENDATION: 12.1 Approve a Mutual Rescission and Compensation Agreement of the Construction Contract with EBS General Engineering, Inc. for the Pavement Rehabilitation Program — Ynez Road, PW10-14, and accept a payment of $95,067 from EBS General Engineering, Inc.; 12.2 Award a construction contract for the Pavement Rehabilitation Program — Ynez Road, PW 10-14, to All American Asphalt in the amount of $2,177,177; 12.3 Authorize the City Manager to approve change orders up to 10% of the contract amount, $217,717.70. - 5 13 Specifications and Authorization to Solicit Bids for the Traffic Safetv and Bridqe Light Retrofit. PW12-08 - Approved Staff Recommendation (40-1, Council Member Edwards absent) Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval, with Council Member Edwards absent. RECOMMENDATION: 13.1 Approve the specifications and authorize the Department of Public Works to solicit bids for the Traffic Safety and Bridge Light Retrofit, PW12-08. 14 Approval of Parcel Map 36358 (located at the southwest corner of Landings Road and Villaae Road) - Approved Staff Recommendation (4-0-1, Council Member Edwards absent) Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval, with Council Member Edwards absent. RECOMMENDATION: 14.1 Approve Parcel Map 36358 in conformance with the Conditions of Approval. 15 Approval of a Subdivision Improvement AQreement and its securities for Tract Map 23992 (located south of Rancho California Road �and west of Ynez Road at Tierra Vista Road - Approved Staff Recommendation (4-0-1, Council Member Edwards absent) Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval, with Council Member Edwards absent. RECOMMENDATION: � 15.1 Approve the Subdivision Improvement Agreement and accept the Faithful Performance Bond and the Labor and Material Bond as security for the Agreement. 16 Aqreement with TWM Roofinq, Inc. for Preventive Roof Maintenance Services at various Citv locations - Approved Staff Recommendation (4-0-1, Council Member Edwards absent) Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval, with Council Member Edwards absent. RECOMMENDATIONS: 16.1 Approve an Agreement for minor maintenance services for preventive roof � maintenance services at various City locations with TWM Roofing, Inc., in the amount of $62,740 for Fiscal Year 2012-13. 17 Second Readina of Ordinance No. 12-05 - Approved Staff Recommendation (4-0-1, Council Member Edwards absent) Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval, with Council Member Edwards absent. RECOMMENDATION: 6 17.1 Adopt 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 Mayor Washington recessed the City Council Meeting to the scheduled meeting of the Temecula Community Services District meeting at 8:20 P.M. Mayor Washington adjourned the Temecula Community Services District meeting and reconvened the regular City Council Meeting at 8:35 P.M. PUBLIC HEARING 25 Amendment to the Citywide User Fee Schedule - Approved Staff Recommendation (4-0-1, Council Member Edwards absent) Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval, with Council Member Edwards absent. RECOMMENDATION: 25.1 Adopt a resolution entitled: RESOLUTION NO. 12-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA � ADDING CURRENT HOURLY RATE CHARGES TO THE CONSOLIDATED SCHEDULE OF FEES FOR LAND USE AND RELATED FUNCTIONS USER FEE SCHEDULE FOR THOSE SERVICES PROVIDED THAT ARE NOT SUBJECT TO A SPECIFIC FEE CITY COUNCIL BUSINESS 26 Planninq Commission Appointments — Reappointed Commissioners Guerriero and Kight for a full three-year term. (4-0-1, Council Member Edwards absent) Council Member Roberts made the motion; it was seconded by Council Member Comerchero; electronic vote showed approval, with Council Member Edwards absent. RECOMMENDATION: 26.1 Appoint two applicants to serve full three-year terms on the Planning Commission through June 15, 2015. � � DEPARTMENTAL REPORTS 27 Public Works Department Monthly Report 28 Planning Department Monthlv Report , 29 Economic Development Department Monthlv Report 30 Police Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT With respect to the Closed Session items, City Attorney Thorson advised that there was no action to report. ADJOURNMENT At 8:49 P.M., the City Council meeting was formally adjourned to Tuesday, July 10, 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 ashington, Mayor ATTEST: W. Susan . Jones, MMC City CI rk [SEAL] s