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HomeMy WebLinkAbout082713 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET AUGUST 27, 2013 — 7:00 PM 6:00 P.M. — The City 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�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 cepresentatives are: City Manager Aaron Adams, Special Labor Relations Counsel Jeff Freedman, City Attorney Pete� Thorson, Director of Public �: Works Greg Butler, Director of Finance Jennifer Hennessy, 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 Local 911. 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 6:00 P.M., Mayor Mike 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: Paul Dallas Invocation: Elder Felicia Brown of Imani Temple of Temecula Church of God in Christ Flag Salute: Roger Schultz ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar PRESENTATIONS/PROCLAMATIONS Presentation of American Flaq flown in Honor of the City of Temecula - Lt. Col. Walter H. Scherer Action Minutes 082713 1 PUBLIC COMMENTS The following individuals addressed the City Council: • Mark Anselmo • PaulJacobs • Ken Nordstrom • Craig Puma • Cherise Manning • Sam Robinson • Annette Brown • Jim Rosa • Jerome Mikulich • Carol Malin • Wayne Hall CITY COUNCIL REPORTS CONSENT CALENDAR The following individual addressed the Council regarding Consent Calendar Item No. 5. • PaulJacobs The following individual addressed the Council regarding Consent Calendar Item No. 7. • Roger Schultz The following individual addressed the Council regarding Consent Calendar Item No. 11. • PaulJacobs 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; 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 Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of August 13, 2013. Action Minutes 082713 2 3 List of Demands — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 13-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Benefit Concert, Co-Sponsorship request from the Stephen Siller Tunnel to Towers Foundation (at the request of Civic Center Concert Ad Hoc Subcommittee Members Jeff Comerchero and Chuck Washinqton) — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Approve a Co-Sponsorship Agreement with the Stephen Siller Tunnel to Towers Foundation for City support costs, in the amount of $15,700, and in-kind promotional services valued at an amount of approximately $5,765 for a benefit concert. The concert will be performed by Gary Sinise and his Lt. Dan Band within the Civic Center Quad/Town Square and Conference Center, with proceeds used to assist severely injured veterans; 4.2 Approve appropriate street closures associated with the benefit concert, Main Street Y and Mercedes Street between 3rd and 4th Streets beginning Friday, November 1, 2013 at 8:30 AM to Sunday, November 3, 2013 by 2 AM. 5 First Amendment to the Aqreement with KTU+A for Phase I of the Multi-Use Trails and Bikewavs Master Plan Uqdate — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Approve the First Amendment to the Agreement with KTU+A for Phase I of the Multi-Use Trails and Bikeways Master Plan Update for $9,840, for a total contract of $54,840. Action Minutes 082713 3 6 Allocate additional Communitv Development Block Grant (CDBG) funds for Fiscal Year 2013-14 — Approved Staff Recommendation (4-0-1, with Council Member Edwards absent) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with Council Member Edwards removing herself from the Chambers while this item was considered. Council Member Edwards did not participate in the Council consideration of this matter and was not present in the Council Chambers when the matter was presented and discussed because she is the Executive Director of the Boys and Girls' Club of Southwest Riverside County, an IRS 501(c)(3) tax exempt organization serving the applicable communities. The Boys' and Girls' Club of Southwest Riverside County is one of the non-profit service providers recommended for funding and whose property is located within 500 feet of the Temecula Community Center property which is proposed for public facilities funding. RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 13-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE PROPOSED USE OF ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR FISCAL YEAR 2013- 14 AND APPROVING AN EXEMPTION FROM CEQA AND NEPA 7 Lease Aqreement with Mt. San Jacinto Colleqe (at the request of Hiqher Education Ad Hoc Subcommittee Members Mike Naggar and Chuck Washinqton) — Approved Staff Recommendation (4-0-1, with Council Member Edwards abstaining) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with Council Member Edwards abstaining. RECOMMENDATION: 7.1 Approve a three-year Lease Agreement, in substantially the form attached, with Mt. San Jacinto College for use of City Real Property; 7.2 Authorize the City Manager to execute the Lease Agreement, and any other documents, necessary to perfect Mt. San Jacinto College's use portions of the City Real Property known as the Temecula Valley Entrepreneur's Exchange. 8 Promenade Mall Joint Fundinq Aqreement for Fourth Traffic SiQnal and Release of Rinq Road Improvement Comqletion Guarantee — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. Action Minutes 082713 4 RECOMMENDATION: 8.1 Approve the Joint Funding Agreement, in substantially the form attached, with Temecula Towne Center Associates, L.P. for Fourth Traffic Signal Promenade Mall Ring Road; 8.2 Find that the obligations of Temecula Towne Center Associates guaranteed by Forest City Enterprises, Inc., in the Completion Guarantee dated July 24, 2007, have been fulfilled to the satisfaction of the City of Temecula, release Forest City Enterprises, Inc., and Temecula Towne Center Associates from any liability under the Completion Guarantee, and authorize the City Manager to execute such documents as may be required to complete the release. 9 Aqproval of a Purchase and Sale Aqreement, and Settlement Aareement, for the purchase of Assessor's Parcel No. 921-480-031, in connection with the Murrieta Creek Bridqe and Overland Drive Extension to Diaz Road, PW00-26 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Adopt resolution entitled: RESOLUTION NO. 13-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT, SETTLEMENT AGREEMENT, GENERAL RELEASE AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND JIM MCGILL AND TERRI MCGILL, INDIVIDUALLY, AND DOING BUSINESS AS RANCH MUFFLER & TRUCK ACCESSORIES, INC., IN CONNECTION WITH THE MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ ROAD, PROJECT NUMBER PW00-26; 9.2 Authorize the Finance Director to issue warrants for the sums of $1,403,800, plus escrow fees, for deposit with escrow holder, First American Title Insurance Company, to complete the transaction. Escrow fees are not estimated to exceed $15,000; 9.3 Authorize the City Manager to approve and execute any necessary documents, including the Form of Lease Agreement attached as Exhibit "D" to the Purchase and Sale Agreement, Right of Entry attached as Exhibit "G" to the Purchase and Sale Agreement, and necessary certificates of acceptance for the Grant Deed and Bill of Sale, and to take all necessary actions to complete this acquisition, including without limitations, all escrow instructions. 10 Fifth Amendment to the Professional Enqineerinq Services Aqreement with RBF Consultinq for the Design of the Interstate 15/State Route 79 South Ultimate Interchanqe, PW04-08 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. Action Minutes 082713 5 RECOMMENDATION: 10.1 Approve the Fifth Amendment to the Agreement for Professional Engineering Services with RBF Consulting for additional engineering, right of way, and environmental activities on the Interstate 15/State Route 79 South Ultimate Interchange project in the amount of $266,700. 11 Award of a Construction Contract for the Citvwide Concrete Reqairs Fiscal Year 2013-14, PW13-05 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 11.1 Award a Construction Contract to Above All Names Construction Service, Inc., in the amount of $127,900, for Citywide Concrete Repairs Fiscal Year 2013-14, PW 13-05; 11.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $25,580, which is equal to 20% of the contract amount; 11.3 Make a finding that Citywide Concrete Repairs Fiscal Year 2013-14, PW13-05, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 12 Temporarv Street Closures for the Fall 2013 Special Events — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 12.1 Receive and file a proposed action by the City Manager to temporarily close certain streets for the following Fall 2013 Events: HEALTH, WELLNESS, SAFETY & SPECIAL NEEDS FAIR HOLIDAY ARTS & CRAFTS BAZAAR SALUTE TO HEROES, FRIENDS & FAMILY FAIR TEMECULA VALLEY CENTURY RIDE KOMEN RACE FOR THE CURE GREEK FESTIVAL Action Minutes 082713 6 RECESS At 7:59 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting and the Successor Agency to the Temecula Redevelopment Agency Meeting. At 8:15 P.M., the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 17 Formation of the Citv Council Action Committee for Health and Family Safetv (at the request of Mayor Nagqar) — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 17.1 Approve the formation of the City Council Action Committee for Health and Family Safety in an effort to allow this grass-roots group of citizens to take information gathered at the Regional Youth, Family and Health Task Force and disseminate it to the community. DEPARTMENTAL REPORTS 18 Communitv Development Department Monthlv Report 19 Police Department Monthlv Report 20 Public Works Department Monthlv Reports CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson announced there was no reportable action from Closed Session under the Brown Act. Action Minutes 082713 7 ADJOURNMENT At 8:57 P.M., the City Council meeting was formally adjourned to Tuesday, September 10, 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 the Name of The 577` Expeditionary Prime BEEF Squadron (EPBS) Compound Bagram Airfield, Afghanistan *** ���� � � �_ Michael S. Naggar, Mayor ATTEST: Susan . Jon s, MMC City CI rk [SEAL] Action Minutes 082713 8