HomeMy WebLinkAbout010813 CC Action Minutes ACTION MINUTES
TEMECULA CITY COUNCIL`
A REGULAR MEETING
CITY COUNCIL CHAMBERS
41000 MAIN STREET
JANUARY 8, 2013 — 7:00 PM
6 00 P M The City�Council conuened m Closed Session��n�the ;Canyons Conference
Room on'�the th�rd floor of the�Temecula City H�all� concerning the foilowing matters
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1') The City Council�will meet m closed session wtth the City Attorne ursuant to
Government Code Section 5�4956 9(b) and (c)�with respect to a�matter of potent�al�
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��litigation an"d�will .:discu"ss �whether to initiate' litigation�ande intervene mr'} the?
�bankruptcy acbon mvolying the`YMCA, of'Riuerside City and County; Bankruptcy
Petition����No��6� 12 bK-38087-MH��;���;�Central�District 'of California ,(Ri�erside) A point ��
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has been reached where, in the opinion of the =City Attorney, based on existing ,
facts and circumstances, there is a significant exposure to litigation mvolvmg the
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2) The City` Council will meet in closed session"`with ;City, Attorn:ey,,p"ursuant to:
�Go�ernment C;o;de .'Section 54956.9(a) with : respect to ttie following matter oY
„ pending litigation concerning fhe Certifieds:ElR for the Liberty Quar .ry- proJect to .
which the City�is the Plaintiff/Petitioner "C�ty of-;Temecu/a v: Countyrof R�vers�de,
`= et:, al�; ;Gran�te� Construct►on Co et :al�;�real party �n-�interesY' Ri�erside �Co,unty�
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Su erior Court No RIC 1211312
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3� The City Council will meet in closed session with City Attorney p,ursuant to
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Government Code �Section 54956 9(a) withz respect to the followmg���rnatter �of'�.
pe;�ndmg litigation concerning the Riverside County Fast Track Policy�to which the
City is the Plaintiff/Petitioner "C�ty of Temecu/a v Courity�of R��er`s�de, et al ," �
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Public Information concerning existing .litigation� between the City and� uarious parties'
may,be acquired by r,eviewmg the public documents held by the C,ity Clerk
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At 6:00 P.M., Mayor Naggar 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.
CALL TO ORDER: Mayor Mike Naggar
Prelude Music: Joshua Jurkosky
Invocation: Bishop Glenn Frazier of Beracah Faith Ministries International
Flag Salute: Council Member Comerchero
ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar
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PRESENTATIONS/PROCLAMATIONS
Presentation of Gavel from previous Mavor Chuck Washinqton to incominq Mayor Mike
Naqqar
Service Awards — Mayor Pro Tem Edwards, Jim Mevler, Michael McCracken, and John
Telesio, and Albert Blair
Donation of Vineyard Panoramic — Bodhi Smith, Photographer
Presentation — Mavor Nag,.qar will draw Bike Raffle Winners "It's Not About the Bike"
PUBLIC COMMENTS
The following individuals addressed the City Council:
• Richard Dierking
• Anne Bowman
CITY COUNCIL REPORTS
CONSENT CALENDAR
1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff
Recommendation (5-0-0) Council Member Washington made the motion; it was
seconded by Council Member Edwards; 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
Washington made the motion; it was seconded by Council Member Edwards; and
electronic vote reflected unanimous approval.
RECOMMENDATION:
2.1 Approve the action minutes of December 11, 2012.
3 List of Demands — Approved Staff Recommendation (5-0-0) Council Member
Washington made the motion; it was seconded by Council Member Edwards; and
electronic vote reflected unanimous approval.
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 13-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
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4 Citv Treasurer's Report as of November 30, 2012 — Approved Staff Recommendation
(5-0-0) Council Member Washington made the motion; it was seconded by Council
Member Edwards; and electronic vote reflected unanimous approval.
RECOMMENDATION:
4.1 Approve and file the City Treasurer's Report as of November 30, 2012.
5 Memorandum of Understandinq Labor Aqreement First Amendment — Cafeteria Plan
Re-opener — Approved Staff Recommendation (5-0-0) Council Member Washington
made the motion; it was seconded by Council Member Edwards; and electronic
vote reflected unanimous approval.
RECOMMENDATION:
5.1 Approve an Agreement, effective January 1, 2013, amending the Memorandum
of Understanding (M.O.U.) Labor Agreement, effective July 1, 2011, between the
City and the General Employees of the City of Temecula, represented by the
California Teamsters Public, Professional, and Medical Employees Union Local
911.
6 Acceptance of Imqrovements and Notice of Completion for the Duck Pond Fence
Replacement, PW11-08 — Approved Staff Recommendation (5-0-0) Council Member
Washington made the motion; it was seconded by Council Member Edwards; and
electronic vote reflected unanimous approval.
RECOMMENDATION:
6.1 Accept the construction of the Duck Pond Fence Replacement, PW11-08, as
complete;
6.2 Direct the City Clerk to file and record the Notice of Completion and release the
Performance Bond;
6.3 Release the Labor and Materials Bond seven months after filing of the Notice of
Completion if no liens have been filed.
7 Fifth Amendment to the Aqreement with KRW 8� Associates for Enqineerinq Plan Check,
Map and Leqal Description Review for Fiscal Year 2012-13 — Approved Staff
Recommendation (5-0-0) Council Member Washington made the motion; it was
seconded by Council Member Edwards; and electronic vote reflected unanimous
approval.
RECOMMENDATION:
7.1 Approve a Fifth Amendment to the Agreement with KRW & Associates to
increase the payment terms by $10,000 for a total contract amount of $70,000
for engineering plan check, map and legal description review for Fiscal Year
2012-13.
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8 Award of a Construction Contract for the Main Street Bridqe Over Murrieta Creek
(Replacement), PW 03-05 — Approved Staff Recommendation (4-0-1, Council
Member Roberts voted in opposition) Council Member Comerchero made the
motion; it was seconded by Council Member Edwards; and electronic vote
reflected approval, with Council Member Roberts in opposition.
The first motion failed (2-0-0-3, Council Member Comerchero, Roberts and
Washington abstaining) Mayor Naggar made the motion; it was seconded by
Council Member Edwards and electronic vote reflected failure of approval with
Council Members Comerchero, Roberts and Washington abstaining.
Council Member Roberts made the motion to continue the item for two weeks to
provide additional information regarding timing of the Grant Funding and options
to the Council regarding this contract; it was seconded by Council Member
Comerchero; Per the approval of City Attorney Thorson, the motion was
withdrawn by Council Member Roberts; and Council Member Comerchero
withdrew his second.
RECOMMENDATION:
8.1 Award a construction contract for the Main Street Bridge Over Murrieta Creek
(Replacement), PW03-05 to Granite Construction Company in the amount of
$4,770,079;
8.2 Authorize the Interim City Manager to approve change orders not to exceed the
contingency amount of $477,007.90, which is equal to 10% of the contract
amount;
8.3 Make a finding that the Pavement Rehabilitation — Main Street Bridge Over
Murrieta Creek (Replacement) is exempt from Multiple Species Habitat
Conservation Plan (MSHCP) fees.
9 Acceptance of Improvements and Notice of Completion for the Citvwide Slurrv Seal
Fiscal Year 2011-12, PW11-09 — Approved Staff Recommendation (5-0-0) Council
Member Washington made the motion; it was seconded by Council Member
Edwards; and electronic vote reflected unanimous approval.
RECOMMENDATION:
9.1 Approve an increase to the contingency of the Citywide Slurry Seal Fiscal Year
2011-12, PW11-09, in the amount of $10,322.39 and increase the Interim City
Manager approval authority by that same amount;
9.2 Accept the construction of the Citywide Slurry Seal Fiscal Year 2011-12, PW11-
09, as complete;
9.3 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;
9.4 Release the Labor and Materials Bond seven months after filing of the Notice of
Completion if no liens have been filed.
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10 Santiaqo Road Desiqn Guideline — Approved Staff Recommendation (5-0-0) Council
Member Washington made the motion; it was seconded by Council Member
Edwards; and electronic vote reflected unanimous approval.
RECOMMENDATION:
10.1 Approve the Santiago Road Design Guideline.
RECESS �
At 8:10 P.M., the City Council recessed and convened as the Temecula Community Services
District Meeting. At 8:13 P.M., the City Council resumed with regular business.
PUBLIC HEARING
13 Update on the Initial Studv for a General Plan Amendment to chanqe the land use
desiqnation from Medium Densitv Residential to High Density Residential, a Zoninq Text
Amendment to revise the text for Planned Development Overlav-11 (PDO-11), a
Development Plan to construct 120 apartment units, and a Mitigated Ne aq tive
Declaration for a 7.24 acre site, located at the northeast corner of Mira Loma Drive and
Rancho Vista Road (Planning Application Nos. PAl2-0034 and PAl2-0033) —
Continued from November 13, 2012 — Council Member Washington made the motion
to continue the public hearing to the meeting of January 22, 2013; The motion was
seconded by Council Member Edwards; and electronic vote reflected unanimous
approval. (5-0-0)
RECOMMENDATION:
13.1 Review updated information and continue the public hearing to January 22,
2013.
CITY COUNCIL BUSINESS
14 Public/Traffic Safetv Commission Appointment — Council Member Washington made
the motion to reappoint Bob Hagel to a full three-year term on the Public/Traffic
Safety Commission; the motion was seconded by Council Member Comerchero;
and electronic vote reflected unanimous approval. (5-0-0)
RECOMMENDATION:
14.1 Appoint one applicant to serve a full three-year term on the Public/Traffic Safety
Commission through October 10, 2015.
15 Communitv Services Commission Appointments — Council Member Washington
made the motion to reappoint Charolette Fox and appoint Zak Schwank to serve
full three-year terms on the Community Services Commission; the motion was
seconded by Council Member Comerchero; and electronic vote reflected
unanimous approval. (5-0-0)
RECOMMENDATION:
15.1 Appoint two applicants to serve full three-year terms on the Community Services
� Commission through October 10, 2015.
Action Minutes 010812 5
16 Amendment to Ordinance No. 04-04 (Gradinq, Erosion and Sediment Control
Ordinance) — Approve Staff Recommendation (5-0-0) The motion was made by
Council Member Comerchero; the motion was seconded by Council Member
Roberts; and electronic vote reflected unanimous approval.
RECOMMENDATION:
16.1 Introduce and read by title only an ordinance entitled:
' ORDINANCE NO. 13-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING TITLE 18 (GRADING, EROSION AND SEDIMENT CONTROL) OF
THE TEMECULA MUNICIPAL CODE IN ITS ENTIRETY TO ADD A NEW
TITLE 18 ENTITLED "CONSTRUCTION, GRADING AND ENCROACHMENT"
TO MAKE CONSISTENT WITH THE 2010 CALIFORNIA BUILDING CODE
AND TO MAKE OTHER MINOR RE-ORGANIZATIONAL REVISIONS
City Attorney Thorson introduced and read by title only Ordinance No. 13-01.
Director of Public Works, Greg Butler presented the staff report as per agenda material.
17 Hiqhwav 395 Corridor Studv for Southwest Riverside Countv Update — Received and
filed.
RECOMMENDATION: ,
17.1 Receive and file.
18 Formation of a Youth, Familv and Health Reqional Task Force (at the request of Mavor
Na ar — Council Member Comerchero made the motion to appoint Mayor Naggar
and Mayor Pro Tem Edwards as members to the Youth, Family and Health
Regional Task Force; the motion was seconded by Council Member Roberts; and
electronic vote reflected unanimous approval.
RECOMMENDATION:
18.1 Initiate the formation of a Youth, Family and Health Regional Task Force;
18.2 Appoint two members of the City Council to participate in the Youth, Family and
Health Regional Task Force.
The following individuals addressed the Council:
• Andrew Duan
• Mary Venittelli
CITY MANAGER REPORT
CITY ATTORNEY REPORT
City Attorney Thorson advised there was no action to report under the Brown Act.
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ADJOURNMENT
At 9:01 P.M., the City Council meeting was formally adjourned to Tuesday, January 22, 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.
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Mike agg r, Mayor
ATTEST:
Susan . Jon s, MMC
i erk
[SEAL]
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