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HomeMy WebLinkAbout011210 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JANUARY 12, 2010 7:00 PM 6:00 P.M. Closed Session of the City Council/Temecula Redevelopment Agency pursuant to Government Code Section: 1) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding the potential sale of the real property located at 28640 Pujol Street, Temecula, California (APN Nos. 922 053 -020 and -021) owned by the Redevelopment Agency of the City of Temecula. The parties to the negotiations for the potential sale of the property are the Redevelopment Agency of the City of Temecula, City of Temecula, and R.C. Hobbs Co. Negotiators for the Agency and City are Bob Johnson, Assistant City Manager; Patrick Richardson, Director of Planning and Redevelopment; and Luke Watson, Management Analyst. Under negotiation are the price and terms of the potential sale of the real property. 2) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding one parcel of real property owned by John and Juanita Firestone and their affiliates consisting of approximately 37.58 acres (APN Nos. 940 032 -005 to -007) generally located southwesterly of the extensions of Pujol Street and Temecula Parkway. The parties to the negotiations for the purchase of the property are John and Juanita Firestone and the City of Temecula. Negotiators for the City of Temecula are Shawn Nelson, City Manager; Bob Johnson, Assistant City Manager; and Patrick Richardson, Director of Planning and Redevelopment. Under negotiation are price and the terms of the purchase of the property. 3) Conference with City Attorney pursuant to Government Code Section 54956.9(b) with respect to one matter of potential litigation. With respect to such matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and City related entities based on existing facts and circumstances. With respect to such matter, the City Council will also meet pursuant to Government Code Section 54956.9(c) to decide whether to initiate litigation. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City 1 Clerk. At 6:00 P.M., Mayor Comerchero called the Closed Session meeting to order; Council Members Edwards and Washington were absent at that time but were in attendance of the Closed Session. The City Council meeting convened at 7:02 P.M. CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Murrieta Youth Music Club Invocation: Pastor John Ruhlman from Life Church Flag Salute: Council Member Edwards ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero PRESENTATIONS /PROCLAMATIONS Mayor's Award for Outstanding Achievement Chaparral High School Football Team and Linfield Christian High School for both winning CIF Championship for their respective divisions PUBLIC COMMENTS Donald Lambert, Murrieta Medical marijuana Craig Puma, Temecula Old Town Temecula Association Louise Raymond, Temecula Redhawk Park Jan Smith, Temecula Begin Again Career Transition Services CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption 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: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of November 10, 2009; Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Mayor Comerchero and Council Member Roberts who abstained 2 2.2 Approve the action minutes of December 8, 2009. Approved Staff Recommendation (4 -0 -1) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Naggar who abstained 3 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: 3.1 Adopt a resolution entitled: RESOLUTION NO. 10 -01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of November 30, 2009 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 Approve and file the City Treasurer's Report as of November 30, 2009. 5 Community Service Funding Program Grant for VNW Circle of Care (at the request of the Ad Hoc Subcommittee Members, Maryann Edwards and Mike Naqqar) 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 the Community Service Funding Program grant recommendation to VNW Circle of Care in the amount of $5,000. 6 Agreement for Consulting Services with Hirsch Associates, Inc. for the Butterfield Stacie Road Extension Proiect, Proiect No. 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: 6.1 Approve an Agreement for Consulting Services with Hirsch Associates, Inc. in an amount not to exceed $47,700 to complete the medians landscape and irrigation design plans for Butterfield Stage Road Extension, Project No. PW09- 02; 3 6.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $4,770, which is equal to 10% of the agreement amount. 7 Agreement for funding the acquisition of open space property between Western Riverside County Regional Conservation Authority and the City of Temecula 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 Appropriate $261,500 to the CIP Budget for Phase II of Open Space Land Acquisition of Francis Property from General Fund Unreserved Fund Balance in the amount of $217,000 and DIF Open Space Fund in the amount of $44,500; 7.2 Adopt a resolution entitled: RESOLUTION NO. 10 -02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT FOR FUNDING THE ACQUISITION OF OPEN SPACE PROPERTY BETWEEN WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY 111 AND THE CITY OF TEMECULA 8 Authorize the preparation of documents necessary to file an application with LAFCO for an expansion of the City's Sphere of Influence and the Annexation of certain uninhabited territory described as the Santa Margarita Area Annexation (No. 2) comprised of approximately 4,500 acres located southwest of the City 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: 8.1 Adopt a resolution entitled: 1 4 RESOLUTION NO. 10 -03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE PREPARATION OF DOCUMENTS NECESSARY TO FILE AN APPLICATION WITH RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION FOR AN EXPANSION OF THE CITY OF TEMECULA'S SPHERE OF INFLUENCE AND THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESCRIBED AS THE SANTA MARGARITA AREA ANNEXATION (NO. 2) COMPRISED OF APPROXIMATELY 4,500 ACRES LOCATED IMMEDIATELY SOUTHWEST OF THE PRE EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE 15 AND NORTH OF THE SAN DIEGO /RIVERSIDE COUNTY BOUNDARY TO THE CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT PURSUANT TO THE CORTESE -KNOX- HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 (LR09 -0024) 9 Second Reading of Ordinance No. 09 -08 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: 9.1 Adopt an ordinance entitled: ORDINANCE NO. 09 -08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17.32 OF THE TEMECULA MUNICIPAL CODE TO UPDATE THE WATER EFFICIENT LANDSCAPE DESIGN STANDARDS At 7:46 P.M. the City Council took a recess. At 7:51 P.M., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:57 P.M., the City Council resumed with regular business. PUBLIC HEARING 12 Approval for Levying an Assessment for Fiscal Year 2010 -2011 in connection with the Temecula Valley Tourism Business Improvement District (TVTBID) RECOMMENDATION: 12.1 Conduct a public hearing to consider protests regarding the levy of an assessment in conjunction with the Temecula Valley Tourism Business Improvement District; 12.2 Instruct the City Clerk to tabulate any written protests which might be received prior to the close of the public hearing regarding the formation of the proposed District; 5 12.3 If the City Clerk reports that there is not a majority protest received regarding this District, then adopt a resolution entitled: 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. RESOLUTION NO. 10 -04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA LEVYING AN ASSESSMENT FOR FISCAL YEAR 2010 -11 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) 12.4 Introduce and read by title only an ordinance entitled: 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. ORDINANCE NO. 10 -01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 3.40.040.B. OF THE TEMECULA MUNICIPAL CODE TO INCREASE THE ASSESSMENT AGAINST LODGING BUSINESSES WITHIN THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT FROM TWO PERCENT (2 TO FOUR PERCENT (4 OF ROOM RENT Staff report was provided by Senior Debt Analyst Bilby. It was confirmed by City Clerk Jones that no written protests were filed. The public hearing was opened. Speaking in support of the proposed recommendation, Tom DeMott, General Manager of Embassy Suites and Board Member of the Temecula Valley Convention Visitors Bureau; and Jason Curl, General Manager of Temecula Creek Inn and Board Member of the Temecula Valley Convention Visitors Bureau, addressed the City Council. City Attorney Thorson introduced and read the ordinance by title only. 13 Transportation Uniform Mitigation Fee (TUMF) Ordinance Amendment and Resolution to Adopt Revised TUMF Schedule (at the request of Council Member Washington) RECOMMENDATION: 13.1 Introduce and read by title only an Ordinance entitled: Approved Staff Recommendation (5 -0 -0) Council Member Roberts made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. 6 ORDINANCE NO. 10 -02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 15.08 OF THE TEMECULA MUNICIPAL CODE TO UPDATE THE CITY'S PARTICIPATION IN THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM 13.2 Adopt a resolution entitled: Approved Staff Recommendation (5 -0 -0) Council Member Roberts made the motion; it was seconded by Council Member Edwards; and voice vote reflected unanimous approval. RESOLUTION NO. 10 -05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A REVISED AND UPDATED FEE SCHEDULE APPLICABLE UNDER THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) PROGRAM Director of Public Works Butler provided the staff report (as per agenda material). At this time, the public hearing was opened. In response to Council questions, Deputy Executive Director Taylor Berger, Western Riverside Council of Governments, addressed the Council. City Attorney Thorson introduced and read the ordinance by title only. CITY COUNCIL BUSINESS 14 Selection of 2010 Citv Council Committee Assignments RECOMMENDATION: 14.1 Appoint a member of the City Council to serve as liaison to each of the City Commissions and Committees: Reappointed the Current Members to serve for 2010 (5 -0 -0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval Commission Liaison (One Member) Current Member Community Services Commission Comerchero Old Town Local Review Board Washington Planning Commission Naggar Public/Traffic Safety Commission Edwards 7 14.2 Appoint two members of the City Council to serve on each of the following Standing Committees: With the exception of deleting the Medical Task Force Committee and merging it with the Temecula Hospital Ad Hoc Subcommittee, reappointed the Current Members to serve for 2010 (5 -0-0) Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval Standing Committees Current Member(s) City Sustainability Program Committee Roberts, Washington Economic Development Committee Washington, Roberts RDA/Old Town Steering Committee Roberts, Edwards Finance Committee Edwards, Naggar Infrastructure Beautification Committee Edwards, Naggar Joint City Council/TVUSD Committee Edwards, Washington Murrieta/Temecula Committee Naggar, Washington Public Works /Facilities Committee Edwards, Roberts Medical Task Force Committee Naggar deleted and merged with the Temecula Hospital Ad Hoc Subcommittee Quality of Life/Temecula 2030 Master Plan Committee Roberts, Washington Southwest Cities Coalition Committee Edwards, Comerchero 14.3 Appoint member(s) of the City Council to serve on each of the following Representative Assignments (External Organizations): With the exception of the bolded appointments, reappointed the Current Member(s) to serve for 2010 and added the Rancho California Water District Liaison (5 -0 -0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with following abstentions: Riverside County Habitat Conservation Agency Board Edwards Riverside County Transportation Commission Roberts Comerchero Riverside Transit Agency Representative Comerchero Edwards WRCOG Washington Roberts RCA Representative Edwards Washington Representative Assignments Current Member(s) Animal Shelter Liaison /JPA Representative Edwards League of Calif. Congress 2010 Voting Delegate Comerchero, Alt. Roberts Murrieta Creek Advisory Board Edwards National League of Cities Annual Congress 2010 Voting Delegate Comerchero, Alt. Roberts Pechanga Tribal Council Liaison Roberts, Alt. Naggar Rancho California Water District Liaison Comerchero, Roberts Riverside County Child Safety Commission Edwards Riverside County Habitat Conservation Agency Board Edwards Riverside County Transportation Commission Roberts, Alt. Comerchero 8 Riverside Transit Agency Representative Comerchero, Alt. Edwards Temecula Sister City Corporation Board of Directors Roberts WRCOG Washington, Alt. Roberts RCA Representative Edwards, Alt. Washington Zone Committee (relating to TUMF Program for WRCOG) Washington, Alt. Edwards 14.4 Appoint member(s) of the City Council to serve on each of the following Ad Hoc Subcommittees: Reappointed the Current Member(s) to serve for 2010 and added the South Temecula Land and Transportation Ad Hoc Subcommittee and deleted the Wind Energy Ad Hoc Subcommittee (5 -0 -0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval Ad Hoc Subcommittees Current Members (can be one or two members) Community Service Funding Ad Hoc Subcommittee Edwards, Naggar Diaz Property Ad Hoc Subcommittee Naggar, Washington External Communications Ad Hoc Subcommittee Comerchero, Edwards French Valley Parkway Interchange Ad Hoc Subcommittee Comerchero, Roberts Higher Education Ad Hoc Subcommittee Naggar, Washington Homeless Shelter Ad Hoc Subcommittee Washington, Edwards Luxury Car Dealership Ad Hoc Subcommittee Washington, Roberts Military Ad Hoc Subcommittee Washington, Edwards Nicolas Valley Ad Hoc Subcommittee Roberts, Washington Old Town Civic Center Ad Hoc Subcommittee Comerchero, Roberts Promenade Mall Ad Hoc Subcommittee Comerchero, Washington Ronald Reagan Sports Park Ad Hoc Subcommittee Edwards, Naggar Roripaugh Ranch Ad Hoc Subcommittee Comerchero, Roberts Santa Margarita Annexation Ad Hoc Subcommittee Edwards, Comerchero South Temecula Land and Transportation Ad Hoc Subcommittee Added Roberts, Washington Summerhouse Senior Housing Development Ad Hoc Subcommittee Roberts, Washington Temecula Hospital Ad Hoc Subcommittee Comerchero, Naggar Transit Ad Hoc Subcommittee Roberts, Comerchero Villages of Old Town Ad Hoc Subcommittee Edwards, Roberts Wall of Honor Ad Hoc Subcommittee Comerchero, Edwards Wind Energy Ad Hoc Subcommittee Deleted and merged with the City Sustainability Program Committee Youth Court Ad Hoc Subcommittee Edwards, Comerchero Youth Master Plan Implementation Ad Hoc Subcommittee Naggar, Washington 9 15 An Ordinance Amending Section 10.28.01(D) of the Temecula Municipal Code regarding Prima Facie Speed Limits on Certain Streets Approved Staff Recommendation (5 -0-0) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 15.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 10 -03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.01(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS Reviewing the proposed amendment, Deputy Director of Public Works York presented the staff report (as per agenda material). City Attorney Thorson introduced the ordinance and read it by title only. Mary Towell, representing the Southern Temecula Safety Coalition, thanked the City Council for lowering the speed limit on Pechanga Parkway. CITY MANAGER REPORT CITY ATTORNEY REPORT With regard to the two real property items, City Attorney Thorson advised that there was nothing to report and that any final action would be taken in open session. With respect to the one potential litigation item, City Attorney Thorson noted that the Council unanimously voted to approve the Settlement Agreement with Travelers Insurance Company under which they would complete the public improvements for the Crowne Hill Reserves Tract under the Performance and Labor and Material Bonds for the project. It was noted that the Settlement Agreement, once signed, will be available for public review. 1 10 111 ADJOURNMENT At 9:44 P.M., the City Council meeting was formally adjourned to Tuesday, January 26, 2010, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. AV Jeff Comerchero, Mayor ATTEST: 4 Susan W Jone•, MMC City Cler [SEAL] 1 1 11