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HomeMy WebLinkAbout051110 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE MAY 11, 2010 — 7:00 PM 6 :15 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 real property owned by Madison Holdings, LLC, a California Limited Liability Company, which is commonly known as 27135 Madison Avenue, Temecula, and is identified as Riverside County Assessor's Parcel Number 910- '262 -006. Meeting with City negotiators, Greg Butler and Amer Attar, regarding instructions to negotiators concerning price and terms. City negotiators may negotiate with the ,property owner Madison Holdings, LLC, a California Limited Liability Company. 2) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding real property owned by Basics Etc. Corporation, which Js commonly known as 41375 McCabe Court, Temecula, and is identified as Riverside County Assessor's Parcel Number 910- 262 -008: Meeting with City negotiators, Greg Butler and Amer Attar, regarding instructions to negotiators concerning price. and terms. - .City negotiators may negotiate with the. property owner Basics Etc. Corporation. 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 qjV Clerk. At 6:15 P.M., Mayor Comerchero called the City Council Meeting to order and recessed the meeting to Closed Session to consider the matters described for Closed Session on the agenda. City Attorney Thorson stated that Mayor Pro Tern Roberts and Council Member Edwards would not be participating in the Closed Session with respect to the real property matters described as Item Nos. 1 and 2 on the Closed Session Agenda due to the fact that they each have economic interests in Mission Oaks National Bank and the potential impact of the actions on Mission Oaks National Bank's interest in the property. City Attorney Thorson also stated that although Council Member Naggar reports that he owns stock in Mission Oaks National Bank, the value of his stock is below the threshold required for an economic interest and, therefore, he may participate in Item Nos. 1 and 2 on the Closed Session Agenda. 1 The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Temecula Valley Children's Chorus Invocation: Pastor Gary Nelson of Calvary Chapel of Temecula Flag Salute: Council Member Washington ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero PRESENTATIONS /PROCLAMATIONS Mental Health Month Proclamation National Public Works Week Proclamation PUBLIC COMMENTS CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Washington; 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 Edwards made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of April 27, 2010. 3 List of Demands - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: 2 RESOLUTION NO. 10 -33 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 March 31, 2010 - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of March 31, 2010. 5 Amendment to Professional Services Agreement for Special Tax Administration Services - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Approve an amendment to the professional services agreement with NBS for an annual amount not to exceed $55,219.23 for Fiscal Year 2010 -11 for special tax administration for the City's Community Facilities Districts and Assessment District. 6 Agreement for Weed Abatement Services with Inland Empire Property Services, Inc. - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Approve an Annual Agreement with Inland Empire Property Services Inc. to provide Weed Abatement Services for Fiscal Year 2009 -10 in the amount of $40,000. 7 Quitclaim deeds granting two drainage easements for the Temecula Creek Channel to Riverside County Flood Control — Parcel Map No. 33545 (southeast corner of Temecula Parkway and Butterfield Stage Road) - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was. seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 10- 34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN OFFER OF DEDICATION MADE ON PARCEL MAP NO. 33545 FOR FLOOD CONTROL EASEMENTS 3 7.2 Adopt a resolution entitled: RESOLUTION NO. 10 -35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TWO QUITCLAIM DEEDS CONVEYING TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (RCFC &WCD) TWO DRAINAGE EASEMENTS FOR THE TEMECULA CREEK CHANNEL, STAGE 2 (PARCEL MAP NO. 33545) 8 Third Amendment to the Professional Services Agreement with RBF Consulting for additional Engineering and Landscape Architecture Design Services associated with the Winchester Road /Highway 79 North Corridor Beautification — Proiect No. PW06 -15 - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Approve the Third Amendment to the Professional Services Agreement with RBF Consulting in an amount not to exceed $8,500 to provide additional engineering and landscape architecture design services for Winchester Road /Highway 79 North Corridor Beautification — Project No. PW06 -15. 9 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Citywide Slurry Seal Proiect FY 2009 -10, Temeku Hills and a portion of Chardonnay Hills — Proiect No. PW10 -01 - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Slurry Seal Project FY 2009- 10, Temeku Hills and a portion of Chardonnay Hills — Project No. PW10 -01. 10 Temecula Valley Reality Race, a Fundraiser Event for Michelle's Place (at the request of Council Member Washington) - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Approve in concept the Temecula Valley Reality Race, a fundraiser event for Michelle's Place, at Council Member Washington's Request; 10.2 Authorize the City to co- sponsor the event and authorize staff to work out the details with the promoter; 10.3 Approve the use of the Temecula Community Theater to launch the event. 4 11 Transfer and Appropriation of Funds for the Margarita Road Right of Way Enhancement Project - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 11.1 Approve the transfer of Capital Improvement Program funds from the Temecula City Entry Monumentation project and appropriate $150,000 for the design and installation of the Margarita Road Right of Way Enhancement project. At 7:20 P.M., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:34 P.M., the City Council resumed with regular business. PUBLIC HEARING 22 Comprehensive Amendment to the Old Town Specific Plan RECOMMENDATION: 22.1 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 10 -36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE OLD TOWN SPECIFIC PLAN AMENDMENT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE OLD TOWN SPECIFIC PLAN AMENDMENT PROJECT, CONSISTING OF APPROXIMATELY 153 ACRES, GENERALLY LOCATED BETWEEN RANCHO CALIFORNIA ROAD AND 700 FEET SOUTH OF FIRST STREET, AND BETWEEN INTERSTATE 15 AND THE WEST SIDE OF PUJOL STREET (LR10 -0011) 22.2 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. 5 RESOLUTION NO. 10 -37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING GENERAL PLAN MAPS TO DESIGNATE THE OLD TOWN SPECIFIC PLAN TERRITORY AS SPECIFIC PLAN IMPLEMENTATION ( "SPI "), ANNEX APPROXIMATELY 2.4 ACRES (LOCATED SOUTH OF FIRST STREET), REMOVE APPROXIMATELY 2.3 ACRES (LOCATED WEST OF THE INTERSECTION OF SIXTH STREET AND PUJOL STREET), AMEND THE GENERAL PLAN LAND USE ELEMENT TO DEFINE SPI, AND AMEND THE GENERAL PLAN CIRCULATION ELEMENT TO ADD PROVISIONS REGARDING INTERSECTION LEVEL OF SERVICE (1-1110 -0011) 22.3 Introduce and read by title only an ordinance entitled: - Approved Staff Recommendation as amended (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 -09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A COMPREHENSIVE AMENDMENT TO THE OLD TOWN SPECIFIC PLAN (LR10 -0011) 22.4 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 -10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A ZONE CHANGE TO AMEND THE CITY'S ZONING MAP (LR10 -0011) Director of Planning and Redevelopment Richardson and Senior Planner Fisk presented the staff report (as per agenda material). The following individuals addressed the City Council with regard to this item: • Neil Cleveland - Temecula - expressed his support • Adrian McGregor - Temecula - expressed concern with potential flooding issues • Jim Mashburn - Bonsall - expressed his support City Attorney Thorson introduced and read by title only Ordinance No. 10 -09 and 10 -10. 6 23 Mall Ring Road Enforcement - 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: 23.1 Introduce and read by title only an ordinance entitled: ORDINANCE N0. 10 -11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 10.22 AND SECTION 10.22.101 TO THE TEMECULA MUNICIPAL CODE PROVIDING FOR THE ENFORCEMENT OF THE CALIFORNIA VEHICLE CODE ON PRIVATE ROADS AND PARKING FACILITIES LOCATED ON APPROXIMATELY 179.1 ACRES AT THE SOUTHEAST CORNER OF WINCHESTER ROAD AND YNEZ ROAD (REGIONAL MALL) PURSUANT TO VEHICLE CODE SECTIONS 21107.6 AND 21107.8 Police Chief O'Harra reviewed the staff report of written material. City Attorney Thorson introduced and read by title only Ordinance No. 10 -11. CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson stated that there was no action to report under the Brown Act with respect to the three items on Closed Session Agenda, that the Council gave the Staff direction, and that any final action on the real estate matters would be considered in open session. City Attorney Thorson stated that Mayor Pro Tern Roberts and Council Member Edwards did not participate in the Closed Session and were not present in the roo9m with respect to the real property matters described as Item Nos. 1 and 2 on the Closed Session Agenda due to the fact that they each have economic interests in Mission Oaks National Bank and the potential impact of the actions on Mission Oaks National Bank's interest in the property. City Attorney Thorson also stated that although Council Member Naggar reports that he owns stock in Mission Oaks National Bank, the value of his stock is below the threshold required for an economic interest and, therefore, he participated in Item Nos. 1 and 2 on the Closed Session Agenda. 7 ADJOURNMENT At 8:47 P.M., the City Council meeting was formally adjourned to Wednesday, May 19, 2010, at 10:00 A.M. for the purpose of a Budget Workshop, City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Mayor ATTEST: Susan . Jones, MC C k [SEAL]