HomeMy WebLinkAbout121112 CC Action Minutes ACTION MINUTES
. TEMECULA CITY COUNCIL
AN ADJOURNED REGULAR MEETING
CITY COUNCIL CHAMBERS
41000 MAIN STREET
DECEMBER 11, 2012 — 7:00 PM
5:00 P.M. — The Gity Council convened in Closed Session in the Canyons Conference
Room on the third floor of the Temecula City Hall concerning the following matters:
1) The Council will meet in closed session to consider the appointment of an interim
city manager pursuant to Government Code Section 54957.
2) Conference with real property negotiators pursuant to Government Code Section
54956.8 regarding reaF 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 negotiators are Greg Butler and
Amer Attar. � Under negotiation are . the price and terms of acquisition of the
propertY•
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 27499 Commerce Center Drive, Temecula,
California and identified as-Assessor's Parcel Number 921-480-031 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
Jim and Terri McGill dba Ranch Muffler. The City's negotiators are Greg Butler
and Amer Attar. Under negotiation are the price and terms of acquisition of the
property.
4) Council will meet in closed session with the City Attorney pursuant to
Government � Code Section 54956.9(a) with respect to one matter of pending
litigation to which the City is a defendant. The title of the litigation is Eastern
Municipal Water Districf v. City of Temecula, Westside Business Center, et al.
defendants, , Riverside County Superior Court Case No. RIC 1107937. ,
Action Minutes 121112 1
5) 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 �eached where there
is a significant exposure to litigation involving the City.
6) The City Council will meet in closed session with the City Attorney pursuant to
" Government Code Section 54956:9(b) and (c) with respect to a matter of potential
litigation and will discuss whether to initiate litigation against a certain
defendants. A point has been reached where, in the opinion of the City Attorney,
based on existing facts and circumstances, there is a significant exposure to
litigation involving the City and the Successor Agency to the Temecula
Redevelopment Agency.
7) The City Council will meet in closed session with City Attorney � pursuant to
Government Code Section 54956.9(a) with respecf to the following matter of
pending litigafion concerning the Certified EIR for the Liberty Quarry p�oject to
which the City is the Plaintiff/Petitioner: "City of Temecula v. County of Riverside„
et, al., Granife Consfruction Ca et, aL, real party in interest" Riverside County
Superior Court No. RIC 1211312
8) The City Council will meet in closed session with City Attorney pursuant to
Government Code $ection 54956.9(a) with respect to the following matter of
pending litigation concerning the Riverside County Fast Track Policy.to which the
City is the Plaintiff/Petifioner: "City of 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 5:00 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 7:05 P.M.
CALL TO ORDER: Mayor Chuck Washington
Prelude Music: Chaparral High School Choir
Invocation: Pastor Tiffany Baker of The Empowerment Center
Flag Salute: Council Member Edwards
ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington
Action Minutes 121112 2
PRESENTATIONS/PROCLAMATIONS
. Pechanqa Pu'eska Mountain Dav Proclamation
Certificate of Achievement presented to Great Oak Girls Cross Countrv State
Chamqions
PUBLIC COMMENTS
The following individuals addressed the City Council:
�
• George Rombach
• Sam Alhadeff
• Howard Omdahl
CITY COUNCIL REPORTS
1 Declaration of Results of November 6, 2012 Municipal Election — Approved Staff
Recommendation (5-0-0) Council Member Comerchero made the motion; it was
seconded by Council Member Edwards; and electronic vote reflected unanimous
approval.
RECOMMENDATION:
� 1.1 Adopt a resolution entitled:
• RESOLUTION NO. 12-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON
TUESDAY, NOVEMBER 6, 2012, DECLARING THE RESULTS AND SUCH
OTHER MATTERS AS PROVIDED BY LAW
CONSENT CALENDAR
2 Standard Ordinance and Resolution Adoqtion Procedure — Approved Staff
Recommendation (5-0-0) Council Member Naggar made the motion; it was
seconded by Council Member Edwards; and electronic vote reflected unanimous
approval.
RECOMMENDATION:
2.1 Motion to waive the reading of the text of all ordinances and resolutions included
in the agenda. ,
3 Action Minutes — Approved Staff Recommendation (3-0-2, Council Member
Comerchero and Roberts abstained) Council Member Naggar made the motion; it
-- was seconded by Council Member Edwards; and electronic vote reflected
' approval with two abstentions. Council Member Comerchero and Council
, Member Roberts did not attend the November 27, 2012 City Council Meeting and
therefore abstained.
Action Minutes 121112 3
RECOMMENDATION:
3.1 Approve the action minutes of NoVember 27, 2012.
4 List of Demands — Approved Staff Recommendation (5-0-0) Council Member
Naggar made the motion; it was seconded by Council Member Edwards; and
electronic vote reflected unanimous approval.
RECOMMENDATION:
4.1 Adopt a resolution entitled:
RESOLUTION NO. 12- 82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A �
5 Citv Treasurer's Report as of October 31, 2012 — Approved Staff Recommendation
(5-0-0) Council Member Naggar made the motion; it was seconded by Council
Member Edwards; and electronic vote reflected unanimous approval.
RECOMMENDATION:
5.1 Approve and file the City Treasurer's Report as of October 31, 2012.
6 Financial Statements for the Three Months Ended September 30, 2012 — Approved
Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was
seconded by Council Member Edwards; and electronic vote reflected unanimous
approval.
RECOMMENDATION:
6.1 Receive and file the Financial Statements for the Three Months Ended
September 30, 2012.
7 Union Bank Bankinq Services — Approved Staff Recommendation (5-0-0) Council
Member Naggar made the motion; it was seconded by Council Member Edwards;
and electronic vote reflected unanimous approval.
RECOMMENDATION:
7.1 Approve a five-year agreement of the City's contract for banking services with
Union Bank, N.A.;
7.2 Authorize the Acting City Manager and City Attorney to execute all necessary
agreements.
8 Approval of Fair Political Practices Form 806 Reaardina the Appointment of Citv Council
Members to Compensated Positions on Reaional Boards — Approved Staff
Recommendation (5-0-0) Council Member Naggar made the motion; it was
seconded by Council Member Edwards; and electronic vote reflected unanimous
approval.
Action Minutes 121112 4
RECOMMENDATION:
8.1 Adopt a resolution entitled:
RESOLUTION NO. 12-83
. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THE FAIR POLITICAL PRACTICES COMMISSION FORM 806
REGARDING THE APPOINTMENT OF COUNCIL MEMBERS TO
COMPENSATED POSITIONS
9 Approval of Emqlovment Aqreement with Aaron Adams — Approved Staff
Recommendation appointing Aaron Adams as Interim City Manager (5-0-0)
Council Member Naggar made the motion; it was seconded by Council Member
Edwards; and electronic vote reflected unanimous approval. City Council by
unanimous vote appointed Aaron Adams the Interim City Manager for the City of
Temecula and to have his employment agreement be changed to read Interim City
Manager from Acting City Manager.
RECOMMENDATION:
9.1 Approve the Employment Agreement for Aaron Adams.
10 Acceptance of a Declaration of Dedication for "Public Service Use" within existinq
Jedediah Smith Road Riqht-of-Way — Approved Staff Recommendation (5-0-0)
Council Member Naggar made the motion; it was seconded by Council Member
Edwards; and electronic vote reflected unanimous approval.
RECOMMENDATION:
10.1 Adopt a resolution entitled:
RESOLUTION NO. 12-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING A DECLARATION OF DEDICATION FOR "PUBLIC SERVICE
USE" WITHIN EXISTING JEDEDIAH SMITH ROAD RIGHT-OF-WAY
11 Approval of Real Propertv Interest Purchase Agreement for acauisition of propertv from
Metroqolitan Water District for Western Bvpass Bridae Proiect, PW06-04 — Approved
Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was
seconded by Council Member Edwards; and electronic vote reflected unanimous
approval.
RECOMMENDATION:
11.1 Adopt a resolution entitled:
RESOLUTION NO. 12-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THOSE CERTAIN AGREEMENTS ENTITLED REAL PROPERTY
INTEREST PURCHASE AGREEMENT AND ENTRY PERMIT, AND JOINT
Action Minutes 121112 5
ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA IN
CONNECTION WITH THE WESTERN BYPASS BRIDGE — PROJECT
NUMBER PW06-04
11.2 Authorize the Acting City Manager to approve and execute any necessary
documents and to take all necessary actions to complete this acquisition,
including without limitation, all escrow instructions;
11.3 Authorize the Acting Chief Financial Officer to issue a warrant for the sum of
$6,430 plus escrow fees for deposit with the Escrow Holder First American Title
Insurance to complete the transaction. Escrow fees are estimated to not exceed
$2,000.
12 Parcel Map 36439 (located on the north side of Temecula Parkwav east of Marqarita
Road — Approved Staff Recommendation (5-0-0) Council Member Naggar made
the motion; it was seconded by Council Member Edwards; and electronic vote
reflected unanimous approval.
RECOMMENDATION:
12.1 Approve Parcel Map 36439 in conformance with the Conditions of Approval;
12.2 Approve the Subdivision Monument Agreement and accept the Cash Deposit
Agreement for Monumentation as security for this agreement.
13 Award of a Construction Contract for the Roripauqh Ranch Street Improvements Phase
II, PW09-02 — Approved Staff Recommendation (5-0-0) Council Member Naggar
made the motion; it was seconded by Council Member Edwards; and electronic
vote reflected unanimous approval. City Attorney Thorson reported that Council
Member Comerchero, Mayor Pro Tem Naggar and Mayor Washington do not have
conflicts of interest and may participate. Although they have an interest with the
managing member of Europa Vineyard Estates property which is nearby, the Fair
Political Practices Commission (FPPC) said they do not have a Conflict of Interest
and may participate in the construction of this stretch of road. The project that is
being approved does not go past La Serena so it does not touch the western edge
of the property but is within 500 feet.
RECOMMENDATION:
13.1 Award the construction contract for Roripaugh Ranch Street Improvements
Phase II, Project No. 09-02, to Hillcrest Contracting, Inc. in the amount of
$6,167,947.35 for the base bid and $281,340 for Additive Bid No. 1 for a total
contract amount of $6,449,287.35;
13.2 Authorize the Acting City Manager to approve change orders not to exceed the
contingency amount of $644,928 which is equal to 10% of the total contract
amount;
13.3 Approve in substantially the form attached the Reimbursement Agreement with
Rancho California Water District (RCWD) for improvements to their facilities
(Additive Bid No. 1) to be completed as part of this project;
Action Minutes 121112 6
13.4 Authorize the Acting City Manager to approve the Reimbursement Agreement
with RCWD for improvements to their facilities undertaken as part of this project;
13.5 Authorize payment of $322,464.37, which is equal to 5% of the cost of
construction for the Multiple Species Habitat Conservation Plan (MHSCP).
14 Aqreement for Geotechnical, Material Testinq and Special Insqection for the Roripauqh
Ranch Street Improvements, Phase II, PW09-02 - Approved Staff Recommendation
(5-0-0) Council Member Naggar made the motion; it was seconded by Council
Member Edwards; and electronic vote reflected unanimous approval.
RECOMMENDATION:
14.1 Approve an agreement with Leighton Consulting, Inc. to provide professional
geotechnical, material testing and special inspection services associated with
Roripaugh Ranch Street Improvements, Phase II, PW09-02, in the amount of
$195,000;
14.2 Authorize the Acting City Manager to approve Extra Work Authorizations not to
exceed the contingency amount of $19,500, which is equal to 10% of the
agreement amount.
15 Acceptance of Improvements and Notice of Completion for Citvwide Concrete Repairs —
Fiscal Year 2010-11, PW11-03 — Approved Staff Recommendation (5-0-0) Council
Member Naggar made the motion; it was seconded by Council Member Edwards;
and electronic vote reflected unanimous approval.
RECOMMENDATION:
15.1 Accept the construction of the Citywide Concrete Repairs — Fiscal Year 2010-11,
PW11-03, as complete;
15.2 Direct the City Clerk to file and record the Notice of Completion, and release the
Performance Bond and the Labor and Materials Bond.
16 A�proval of an Aareement for Purchase of Eauipment — Theater Enerctv Efficient
Liqhtinct, PW12-18 - Approved Staff Recommendation (5-0-0) Council Member
Naggar made the motion; it was seconded by Council Member Edwards; and
electronic vote reflected unanimous approval.
RECOMMENDATION:
16.1 Approve an agreement for purchase of equipment with Sacramento Theatrical
Lighting, Ltd. in the amount of $222,054.45.
Action Minutes 121112 7
17 Clarification of Resolution No. 12-08, Acceptance of Certain Public Streets within Parcel
Map No. 28473 into the Citv-Maintained Svstem (Via lndustria between Roick Drive and
Rio Nedo — Approved Staff Recommendation (4-0-1, Mayor Washington
abstained) Council Member Naggar made the motion; it was seconded by Council
Member Edwards; and electronic vote reflected approval, with one abstention.
Mayor Washington did not participate because the business in which he has an
interest, California T's, is subject to the acceptance of that street. Since it is on
the Consent Calendar and was not pulled, Mayor Washington did not leave the
dais.
17.1 Adopt a resolution entitled:
RESOLUTION NO. 12-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
CLARIFYING AND CONFIRMING THE LIMITED SCOPE OF THE
ACCEPTANCE OF CERTAIN PUBLIC STREETS INTO THE CITY-
MAINTAINED SYSTEM (WITHIN PARCEL MAP NO. 28473) EFFECTUATED
BY CITY OF TEMECULA RESOLUTION 12-08
RECESS
At 8:39 P.M., the City Council recessed and convened as the Temecula Community Services
District and the Successor Agency to the Temecula Redevelopment Agency Meetings. At 8:44
P.M., the City Council resumed with regular business.
PUBLIC HEARING
24 AB 1600 Financial Reports — Approved Staff Recommendation (5-0-0) Council
Member Comerchero made the motion; it was seconded by Council Member
Edwards; and electronic vote reflected unanimous approval.
RECOMMENDATION:
24.1 Approve the AB 1600 Financial Reports for fiscal year ending June 30, 2012.
By way of Power Point presentation, Revenue Manager, Rudy Graciano presented the staff
report as per the Agenda Material.
Action Minutes 121112 8
/
CITY COUNCIL BUSINESS
25 Appointment of Mavor and Mavor Pro Tem for Calendar Year 2013 — Council Member
Comerchero made the motion to appoint Mike Naggar to serve as Mayor for
Calendar Year 2013; and Maryann Edwards to serve as Mayor Pro Tem through
Calendar Year 2013; The motion was seconded by Council Member Roberts; and
electronic vote reflected unanimous approval. (5-0-0)
RECOMMENDATION:
25.1 Entertain motions from the City Council Members to appoint the Mayor, effective
January 1, 2013, to preside until the end of Calendar Year 2013;
25.2 Entertain motions from the City Council Members to appoint the Mayor Pro Tem,
effective January 1, 2013, who will assume the duties of the Mayor in the
Mayor's absence, and hold this office until the end of the Calendar Year 2013.
DEPARTMENTAL REPORTS
26 Public Works Deqartment Monthly Report
27 Citv Council Travel/Conference Report - November 2012
CITY MANAGER REPORT
CITY ATTORNEY REPORT
City Attorney Thorson reported that with respect to Item 1, City Council unanimously appointed
Aaron Adams as the Interim City Manager. With respect to Item 2 and Item 3, City Council gave
direction to staff for the negotiation of real property and final action would go back to City
Council in open session. With respect to Item 4, Mayor Washington did not participate because
his business in which he has an interest, California T's, is near the area involving that item, City
Council did give direction to staff on this item, however, there is no reportable action. With
respect to Item 5, there is no reportable action under the Brown Act. With respect to Item 6,
City Council initiated litigation and directed the Office of Richards, Watson and Gershon to file
litigation against the State of California, specifically the Department of Finance. With respect to
Item 7 and Item 8, City Council gave direction to Richards, Watson and Gershon, however,
there is no reportable action under the Brown Act.
� Action Minutes 121112 9
ADJOURNMENT
At 8:54 P.M., the City Council meeting was formally adjourned to Tuesday, January 8, 2013, at
5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council
Chambers, 41000 Main Street, Temecula, California.
***
Adjourned in Honor of
Pu'eska Mountain
***
`� Y v l �
Chuck Washington, Mayor
ATTEST:
Susan . ones, MMC
City CI k
` [SEAL]
Action Minutes 121112 10