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Home My WebLink About112712 CC Action Minutes ' ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET NOVEMBER 27, 2012 — 7:00 PM 5:30 P.M. — The City Council convened in Closed Session in the Canyons Conference Room on the third #loor of the Temecula City Hall concerning the following matfers: � 1) The Council will meet .in closed session to consider the dismissal of the City Manager Robert C. Johnson pursuant to Government Code Section 54957. 2) The Council will meet in closed session to consider the appointment of an acting city manager pursuant to Government Code Sections 54957 and 54957.6. 3) 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(b) with respect to two matters of potential litigation. With respect to such matters, 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 Cify. . 4) The City Council will meet in closed session with its designated representatives'to discuss labor negotiations pursuant to Government Code Section 54957.6. The City's designated representatives are: Acting City Manager Aaron Adams; Special Labor Relations Counsel.Peter Brown; Cifiy Attorney Peter Thorson, Director of Public Works Greg Butler, and Sr. Human Resources Analyst Isaac Garibay. The employee organization is the California Teamsters Public, Professional and Medical Employees Union Local 911. 5) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding the acquisition of the City of the YMCA building located at 2911:9 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 Cify of Temecula. Negotiator for the YMCA of Riverside City and County is: CEO of Riverside YMCA. Negotiators for the City of Temecula are: Aaron Adams, Greg Butler, and Tamra Irwin. Under negotiation are the price and terms for the acquisition of the building. 6) Conference with Legal Counsel—Existing Litigation. The City Council will.meet in closed session with City Attorney ' pursuant to Government Code Section 54956.9(a) with respect to the following matter of pending litigation concerning the Ce�tified EIR for the Liberty Quarry project to which the City is the Plaintiff/Petitioner: "City of 7emecu/a v. County of Riverside, et al., Granite Construction Co. et. al., real party in interesP' Riverside County Superior Court Na RIC 1211312. � � Action Minutes 112712 1 7) Conference with Legal Counsel—Existing Litigation. The City Council will meet in closed session with City Attorney pursuant to Government Code Section 54956.9(a} with respect to the following matter of� pending litigation concerning the Riverside County Fast Track Policy fo which the City is the Plaintiff/Petitioner: "Cityof Temecula v. County`of Riverside, et. al.," Riverside County Superior Court No. RIC 1215119. • 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 5:30 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 7:02 P.M. CALL TO ORDER: Mayor Chuck Washington Prelude Music: Music Heritage Inc. Invocation: Rabbi Yitzchok Hurwitz of Chabad of Temecula Valley Flag Salute: Council Member �era Edwards ROLL CALL: � Comerchero, Edwards, Naggar, Roberts, Washington � PRESENTATIONS/PROCLAMATIONS Certificate of Achievement to Andrew Louis Sprengelmever for attaininq the rank of Eagle Scout Presentation of Paintinq Donation — Veterans of Temecula Vallev bv Bonnie Hartland PUBLIC COMMENTS The following individuals addressed the City Council: � Wayne Hall • Marelle Dorsey • David Madson CITY COUNCIL REPORTS Action Minutes 112712 2 CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (3-0-2, Council Member Comerchero and Council Member Roberts absent) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval, with Council Member Comerchero and Council Member Roberts 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 (3-0-2, Council Member Comerchero and Council Member Roberts absent) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval, with Council Member Comerchero and Council Member Roberts absent. RECOMMENDATION: 2.1 Approve the action minutes of November 13, 2012 Special Meeting; 2.2 Approve the action minutes of November 13, 2012. 3 �List of Demands - Approved Staff Recommendation (3-0-2, Council Member Comerchero and Council Member Roberts absent) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval, with Council Member Comerchero and Council Member Roberts absent. RECOMMENDATION: � 3.1 Adopt a resolution entitled: RESOLUTION NO. 12-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Liabilitv Insurance Renewal - Approved Staff Recommendation (3-0-2, Council Member Comerchero and Council Member Roberts absent) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval, with Council Member Comerchero and Council Member Roberts absent. RECOMMENDATION: 4.1 Approve the insurance policy renewal for liability insurance and excess liability insurance with Travelers Indemnity Company/Travelers Indemnity Company of Connecticut (Travelers), in the amount of $199,893, for the period of December 1, 2012 through December 1, 2013. Action Minutes 112712 3 5 Purchase of 25 Computer Workstations - Approved Staff Recommendation (3-0-2, Council Member Comerchero and Council Member Roberts absent) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval, with Council Member Comerchero and Council Member Roberts absent. RECOMMENDATION: 5.1 Approve the purchase of 25 Hewlett Packard 8300 computer workstations in the amount of $17,964.37 with Cyber Computers, Inc., and authorize the Acting City Manager to approve the appropriate purchase agreement. 6 Aqreement for Consultant Services for the Construction of Main Street Bridqe Over Murrieta Creek (Replacement). PW03-05 - Approved Staff Recommendation (3-0-2, Council Member Comerchero and Council Member Roberts absent) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval, with Council Member Comerchero and Council Member Roberts absent. RECOMMENDATION: 6.1 Approve an agreement with Simon Wong Engineering (SWE) in the amount of , $101,485 to provide bidding and construction support services for the Main Street Bridge Over Murrieta Creek (Replacement), PW03-05; 6.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $10,149 which is equal to 10% of the agreement amount. At 7:45 P.M., the City Council recessed and convened as the Temecula Community Services District. At 7:48 P.M., the City Council resumed with regular business. At 7:48 P.M., the City Council recessed to Closed Session to finish discussion of Closed Session items. At 8:20 P.M., the Council resumed with regular business. DEPARTMENTAL REPORTS 9 Development Services Department Monthlv Report 10 Police Department Monthlv Report 11 Citv Council Travel/Conference Report - October 2012 CITY MANAGER REPORT Action Minutes 112712 4 CITY ATTORNEY REPORT City Attorney Thorson reported that with respect to Item 1, the City Council voted to terminate Robert C. Johnson as City Manager and terminate his employment agreement. With regard to Item 2, the City Council appointed Aaron Adams as Acting City Manager. With Respect to ttems 3 and 4, City Attorney Thorson advised there was nothing to report under the Brown Act. With respect to Item 5, City Council directed the City Attorney to prepare the necessary documents to declare the YMCA in default of the City's ground lease, based on their abandonment of the property. With respect to Items 6 and 7, the City Council gave the City Attorney direction to proceed with the motion for attorney's fees for the EIR certification and Fast Track litigation. ADJOURNMENT At 8:24 P.M., the City Council meeting was formally adjourned to Tuesday, December 11, 2012, at 5:00 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. *** Adjourned in Memory of Dylan Weinmann *** � Ch k W shington, Mayor ATTEST: � Susan . nes, MMC City C rk [SEAL] Action Minutes 112712 5