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Home My WebLink About061113 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JUNE 11, 2013 — 7:00 PM 6:00 P.M. — The City Council convened� in Closed Ses'sion in the Canyons Conference Room on the thicd floor of the Temecula City Hall concerning the following matters: , 1) Conference wifih Legal Counsel —'Potential. Litigation. The City Council will' meet in closed session with the City Atforney pursuant to Government Code Section 54956.9(d)(4) with respect to a matter of potential.litigation and wilt discuss .whether to initiate litigation against a certain defendanf(s). A point has been. reached where,' in the opinion" of ttie .City Attorney, based on -existing facts and . , � , . circumstances, there is a significant exposure to litigation involving the City. 2) � The�City Council will meet in closed; session with its designated representatives to discuss labor negotiations pursuant to Gover.nment Code Section 54957.6. The City's designated representatives are: City Manager Aaron Adams; SpeciaF Labor Relations Counsel Jeff Freedman; City Attorney Peter Thorson, Director of Public Works Greg Butler, Sr. Management Analyst Heidi Schrader, and Sr. Human Resources Analyst Isaac Garibay. The employee organization is the California Teamsters Public, Professional and Medical Employees Union L"ocal 911. Public Infor.mation "concer.ning existing .litigation between the City and various parties may be acqui�ed by reviewing fhe public documents held by the Cify Clerk. � At 6:00 P.M., Mayor Pro Tem Edwards 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: Shawn Fujioka Invocation: Wendell Clark of Calvary Chapel Bible Fellowship Flag Salute: Chuck Washington ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar Action Minutes 061113 1 PRESENTATIONS/PROCLAMATIONS 100th BirthdaY Certificate to Bernice Sioblom Odvssev of the Mind World Finals Update — Abbv Reinke Elementarv School Bicycle Friendlv Communitv Award Presentation National Small Business Week Proclamation PUBLIC COMMENTS The following individuals addressed the City Council: • Patrice Lynes • Ernie White • PaulJacobs • Shawn Leroy • Ed Elder CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. 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 Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. • Paul Jacobs addressed the City Council on Consent Calendar Item No. 2. RECOMMENDATION: 2.1 Approve the action minutes of May 28, 2013. Action Minutes 061113 2 3 List of Demands — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. • Ernie White addressed the Council regarding Consent Calendar Item No. 3. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 13-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Citv Treasurer's Report as of April 30, 2013 — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of April 30, 2013. 5 Financial Statements for the Nine Months Ended March 31, 2013 — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. • Paul Jacobs addressed the City Council under Consent Calendar Item No. 5. RECOMMENDATION: 5.1 Receive and file the Financial Statements for the Nine Months Ended March 31, 2013; 5.2 Approve an appropriation of $22,000 in General Fund for Animal Control Services; 5.3 Approve a transfer of $39,000 from Public Works Department General Fund operating line item 001.164.605.5321 to 001.164.602.5412; 5.4 Approve a transfer of $130,000 from Public Works Department General Fund operating line item 001.164.605.5321 to 001.167.999.5419. Action Minutes 061113 3 6 Aqreement for Audit Services for the Fiscal Years Ended June 30, 2013, 2014, and 2015 — Approved Staff Recommendation (40-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. RECOMMENDATION: 6.1 Approve a three-year Agreement with Vavrinek, Trine, Day & Co., LLP Certified Public Accountants, to serve as the City's auditors for the Fiscal Years ended June 30, 2013, 2014, and 2015 for an annual agreement amount of $44,880 each fiscal year for a total agreement amount of $134,640; 6.2 Authorize the City Manager to approve additional work up to 10% of the amount of the agreement as approved by City Council. 7 A�proval of Employment Agreement with Aaron Adams — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. RECOMMENDATION: 7.1 Approve the Employment Agreement for Aaron Adams. 8 Aqreement for Consultant Services with Ellison Wilson Advocacv, LLC for State Lobbyist Services — Approved Staff Recommendation (40-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. RECOMMENDATION: 8.1 Approve a two-year Agreement for state lobbyist services with Ellison Wilson Group, LLC, in an annual amount of $42,000. 9 Acareement for Consultant Services with David Turch and Associates for Federal Lobbvist Services — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. RECOMMENDATION: 9.1 Approve a two-year Agreement for federal lobbyist services with David Turch and Associates in an annual amount of $42,000. Action Minutes 061113 4 10 Voter Approved Measure C Annual Special Tax Levv — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member � Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 13-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2013-14 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLtC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS 11 Fiscal Year 2013-14 Solid Waste and Recvclinq Fees — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 13-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SOLID WASTE AND RECYLING FEES FOR FISCAL YEAR 2013-14 12 Second Amendment to Aqreement for Buildinq Plan Review Services for Fiscal Year 2012-13 — Approved Staff Recommendation (40-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. RECOMMENDATION: 12.1 Approve a Second Amendment to the Agreement for Building Plan Review Services with Esgil in the amount of $24,000. Action Minutes 061113 5 13 A�proval of the Specifications and Authorization to Solicit Construction Bids for the Citywide Concrete Repairs for Fiscal Year 2013-14, PW 13-05 — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. RECOMMENDATION: 13.1 Approve the specifications, and authorize the Department of Public Works to solicit construction bids for the Citywide Concrete Repairs for Fiscal Year 2013- 14, PW 13-05. 14 Additional Construction Continqencv and Notice of Completion for the Roripauqh Ranch Fire Station, PW03-01 — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion,• it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. RECOMMENDATION: 14.1 Approve an increase of $9,108.25 to the construction contingency of the City's contract with Tovey Shultz Construction, Inc., and increase the administrative approval authority of the City Manager accordingly; 14.2 Accept the improvements constructed as part of this project as complete; 14.3 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; 14.4 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. 15 Approval of the Purchase and Sale Agreement and All-Inclusive Settlement Agreement for acquisition of Assessor's Parcel Numbers 922-210-057, 922-210-058, and 922-210- 059 in connection with the Interstate 15/State Route 79 South Ultimate Interchanae Proiect, PW04-08 — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. • Ernie White addressed the Council regarding Consent Calendar Item No. 15. RECOMMENDATION: 15.1 Adopt a resolution entitled: Action Minutes 061113 6 RESOLUTION NO. 13-33 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 FRONT ST. — SERVICE STATION, LP (INTERSTATE 15/STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE) (PROJECT NUMBER PW04-08) AND APPROVING THAT CERTAIN AGREEMENT ENTITLED ALL-INCLUSIVE SETTLEMENT AGREEMENT AND GENERAL RELEASE BETWEEN THE CITY OF TEMECULA AND FRONT ST. — SERVICE STATION, L.P. (INTERSTATE 15/STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE PROJECT) (PROJECT NUMBER PW04-08) 15.2 Accelerate the appropriation and funding in the amount of $629,434 from Fiscal Year 2013-14 to Fiscal Year 2012-13 in the Interstate 15/State Route 79 South Ultimate Interchange Project, PW04-08; 15.3 Authorize the Finance Director to issue warrants for the sums of $4,265,615 and $230,819, plus escrow fees for deposit with Escrow Holder Lawyers Title Company to complete the transaction. Escrow fees are estimated to not exceed $15,000; 15.4 Authorize the Finance Director to issue a warrant in the sum of $1,103,000, plus escrow fees for deposit with the Escrow Holder Old Republic Title Company to complete the transaction. Escrow fees are estimated to not exceed $15,000; 15.5 Authorize the City Manager to approve and execute any necessary documents, including the Form of Lease Agreement attached as Exhibit "F" to the Purchase and Sale Agreement, and to take all necessary actions to complete this acquisition, including without limitations, all escrow instructions. 16 Award of a Construction Contract for the Temecula Communitv Center Renovation, PW12-01 — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. RECOMMENDATION: 16.1 Award the Construction Contract for the Temecula Community Center Renovation, PW12-01, to LDCO, Inc. in the amount of $1,520,814; 16.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $152,081, which is equal to 10% of the total contract amount; 16.3 Make a finding that the Temecula Community Center Renovation is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. Action Minutes 061113 7 17 Agreement with Alpha Mechanical Service & Enqineerinq, Inc. for Heatinq Ventilation and Air Conditioninq Maintenance Services — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. RECOMMENDATION: 17.1 Approve an Agreement with Alpha Mechanical Service & Engineering, Inc. for Heating Ventilation and Air Conditioning Maintenance Services in the amount of $84,303 for Fiscal Year 2013-14. 18 Purchase of a Ford F-550 XL Super Dutv Chassis Cab and Utility Bed with Equipment — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. RECOMMENDATION: 18.1 Approve an Agreement with Theodore Robins Inc. d/b/a Theodore Robins Ford for the purchase of a Ford F-550 XL Super Duty Chassis Cab and Utility Bed with Equipment for a total amount of $77,734. 19 A�prove Encroachment Aqreement for Assessor Parcel Numbers 922-033-005 and 922- 033-006 (located at 41958 Fifth Street, Temecula) — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote ' reflected approval with one absence. RECOMMENDATION: 19.1 Adopt a resolution entitled: RESOLUTION NO. 13-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT FOR ENCROACHMENT OF GREASE INTERCEPTOR FACILITY WITHIN THE PUBLIC RIGHT OF WAY TO RUN WITH THE LAND (41958 FIFTH STREET, TEMECULA)" RECESS At 8:04 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting and the Successor Agency to the Temecula Redevelopment Agency. At 8:50 P.M., the City Council resumed with the remainder of the Public Comments and the Consent Calendar. Action Minutes 061113 8 CITY COUNCIL BUSINESS 30 Adoption of the Fiscal Year 2013-14 Annual Operatinq Budget — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with one absence. RECOMMENDATION: 30.1 Adopt a resolution entitled: RESOLUTION NO. 13-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FISCAL YEAR 2013-14 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 30.2 Adopt a resolution entitled: RESOLUTION NO. 13-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS 30.3 Adopt a resolution entitled: RESOLUTION NO. 13-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2013-14 AND SELECTING THE POPULATION AND INFLATION FACTOR ACCORDINGLY 30.4 Adopt a resolution entitled: RESOLUTION NO. 13-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING THE CITY TREASURER AND CONFIRMING THE AUTHORITY OF THE CITY TREASURER Action Minutes 061113 9 31 Adoption of the Fiscal Years 2014-2018 Caqital Improvement ProQram BudQet — Approved Staff Recommendation (3-0-1-1, Council Member Naggar absent, Council Member Edwards abstained) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with one absence with the following noted abstention: Council Member Edwards abstained in the approval of this Resolution as such approval relates to the Murrieta Creek Improvement Project, and the Temecula Community Center Renovation project, because her employer, the Boys and Girts � Club, is located within 500 feet of this project and are likely to affect her employer and this property. • Paul Jacobs addressed the City Council under Council Business Item No. 31. RECOMMENDATION: 31.1 Adopt a resolution entitled: RESOLUTION NO. 13-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEARS 2014-18 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2013-14 CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson announced there was no reportable action on Closed Session Item 2. With respect to Closed Session Item 1, Council authorized the City to file an appeal of the issuance of the MS4 Permit, the NPDES Elimination Permit, issued by the San Diego Regional Water Control Board which will be in conjunction with the Riverside County Flood Control District and the several cities that are part of that permit. ADJOURNMENT At 9:15 P.M., the City Council meeting was formally adjourned to Tuesday, June 25, 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. . v� Michael S. Naggar, Mayor ATTEST: (il/� Susan . Jones, MMC City CI rk [S€ Action Minutes 061113 10