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Home My WebLink About022613 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING � CITY COUNCIL CHAMBERS � 41000 MAIN STREET FEBRUARY 26, 2013 — 7:00 PM 5:30 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 wilf ineet in closed session with its designated representatives to discuss labor negotiations pursuant to Government Code Secfion_ 54957.6. The City's designated:. representatives are: Interim City Manager Aaron Adams; Special Labor Relations Counsel . Jeff Freedman; City Attorney Peter Thorson, . Director of Public Works Greg Butlec, and Sr. Human Resources Analyst Isaac Garibay. The employee organization is the California Teamsters Public, Professional and 'Medical Employees Union tocal 911. . 2) , The City CounciF will meef in closed session with the City Attorney pursuant to Government Code Section 54956.9 (d)(2) and (4) with respect to a matter of potential litigation and will discuss whethe� to initiate litigation and intervene in the bankruptcy � action involving the YMCA of Riverside City and County, Bankruptcy Petition No. 6:12-bk-38087-MH, Central District of California (Riverside). A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. 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 5:30 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. CALL TO ORDER: Mayor Mike Naggar Prelude Music: Jordan Craite Invocation: Pastor Charles Patmon of Great Oaks Apostolic Church Flag Salute: Council Member Washington ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar PRESENTATIONS/PROCLAMATIONS Presentation by CR&R of the 2012 "Recycler of the Year" Certificates of Achievement to Linfield ACES USTA Jr. Team Bovs Tennis Team Action Minutes 022613 1 PUBLIC COMMENTS The following individuals addressed the City Council: • Rudy Navarro • George Rambach • Ed Day • Ed Elder • James Horn • Wayne Hall � ' • Ernie White CITY COUNCIL REPORTS CONSENT CALENDAR Ernie White addressed the City Council on Consent Calendar Items 3, 6, and 8. 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 Comerchero; 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 Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of February 12, 2013. 3 List of Demands — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 13-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Action Minutes 022613 2 4 Propertv Insurance Renewal — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Approve the City of Temecula Property Insurance Policy renewal with Travelers Insurance Company and Empire Indemnity Insurance Company for the period of February 26, 2013 through February 26, 2014, in the amount of $380,123. 5 First Amendment to Aqreement for Buildinq Plan Review Services for Fiscal Year 2012-13 — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Approve a First Amendment to Agreement for Building Plan Review Services with Esgil in the amount of $25,000. 6 Roripaugh Ranch Proiect — Assiqnment of TUMF Credit Aqreement — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Approve the Assignment of and Consent to Assignment of Contracts agreement between Wingsweep Corporation, KB Home Coastal Inc., and the City of Temecula. 7 Acceptance of Improvements and Notice of Completion for Roripaugh Ranch Street Improvements, Phase I, PW09-02 — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Accept the improvements constructed as part of this project as complete; 7.2 Direct the City Clerk to file the Notice of Completion, and hold the Performance Bond for a one-year period until September 14, 2013, in lieu of a Maintenance Bond for the project; 7.3 Release the Labor and Materials Bond seven months after recordation of the Notice of Completion if.no liens have been filed. Action Minutes 022613 3 , 8 Roripauqh Ranch Street Improvements, Phase II — Fundina of Citv's obliqations under Federal and State Law to monitor construction activities in order to protect cultural resources — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Authorize the expenditure of up to $100,000 to compensate the Pechanga Band of Luiseno Indians for construction monitoring activities as part of the subject project. 9 Acceptance of Improvements and Notice of Completion for the Citywide Concrete Repairs for Fiscal Year 2011-12, PW12-07 — Approved Staff Recommendation (5-0- 0) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Accept the construction of the Citywide Concrete Repairs for Fiscal Year 2011-12, PW12-07, as complete; 9.2 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; 9.3 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. 10 A�proval of the Plans and Specifications, and Authorization to Solicit Construction Bids for the Citvwide Slurrv Seal Project for Fiscal Year 2012-13. PW 12-23 — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Approve the plans and specifications, and authorize the Department of Public Works to solicit construction bids for the Citywide Slurry Seal Project for Fiscal Year 2012-13, PW12-23. 11 Adoption of Official Map for Citv Owned Propertv (located at the northerlv end of Diaz Road adjacent to Dendv Parkwav) — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. Action Minutes 022613 4 RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 13-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING AN OFFICIAL MAP AND SUBDIVIDING A PORTION OF PARCEL 1 AS SHOWN ON PARCEL MAP NO. 4646 ON FILE IN BOOK 6, PAGE 75 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA IN THE CITY OF TEMECULA, STATE OF CALIFORNIA 12 Temporary Street Closures for 2013 Springfest Events — Approved Staff Recommendation (4-0-1, Council Member Edwards abstained) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with Council Member Edwards abstaining due to the fact that her employer, Boys and Girl's Club of Southwest Riverside County would receive contributions from the event. The item was not removed from the Consent Calendar and Council Member Edwards did not leave the dais pursuant to Fair Political Practices Regulation Section 18702.5. RECOMMENDATION: 12.1 Receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2013 Springfest Events: TEMECULA ROD RUN BLUEGRASS FESTIVAL REALITY RALLY TASTE OF TEMECULA COMMUNITY SERVICES EXPO WESTERN DAYS STREET PAINTING FESTIVAL . 13 Substitute Aqreements and Bonds for Public Improvements in Tract No. 29661-3 �located southerly of the intersection of Murrieta Hot Sprinas Road and Pourrov Road) — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 13.1 Accept substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map 29661-3; 13.2 Accept substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map 29661-3; Action Minutes 022613 5 13.3 Authorize the release of the existing Faithful Performance, Labor and Materials, and Monumentation Bonds for Tract Map 29661-3; 13.4 Direct the City Clerk to so advise the developer and surety. " 14 Substitute Aqreements and Bonds for Public Improvements in Tract No. 29661-4 (located southerlv of the intersection of Murrieta Hot Springs Road and Pourroy Road) — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 14.1 Accept substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map 29661-4; 14.2 Accept substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map 29661-4; 14.3 Authorize the release of the existing Faithful Performance, Labor and Materials, and Monumentation Bonds for Tract Map 29661-4; 14.4 Direct the City Clerk to so advise the developer and surety. 15 Second readinq of Ordinance No. 13-02 — Approved Staff Recommendation (4-0-1, Council Member Edwards abstained) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with Council Member Edwards not participating in the decision due to the fact that one of the streets on which the speed limit was changed is within 500 feet of her principal residence. RECOMMENDATION: . 15.1 Adopt an ordinance entitled: ORDINANCE NO. 13-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS 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 8:08 P.M., the City Council resumed with regular business. Action Minutes 022613 6 RECONVENE TEMECULA CITY COUNCIL At 9:58 the Mayor moved to extend the meeting to 10:30 P.M.. PUBLIC HEARING 19 A General Plan Amendment to chanqe the land use desiqnation from Medium Density Residential to Hiqh Densitv Residential, a Zoninq Text Amendment to revise the text for Planned Development Overlay-11 (PDO-11), a Development Plan to construct 120 apartment units, and a Mitiqated Neqative Declaration for a 7.24 acre site, located at the northeast corner of Mira Loma Drive and Rancho Vista Road (Planninq Application Nos. PAl2-0034 and PAl2-0033) — Continued from Januarv 22, 2013 — Continued the public hearing to the meeting of April 9, 2013. The motion was made by Council Member Washington; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. (5-0-0) RECOMMENDATION: 19.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR A GENERAL PLAN AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL (M) TO HIGH DENSITY RESIDENTIAL (H); A ZONING TEXT AMENDMENT TO REVISE THE TEXT FOR PLANNED DEVELOPMENT OVERLAY-11 (PDO-11); AND A DEVELOPMENT PLAN TO CONSTRUCT 120 APARTMENT UNITS ON 7.24 ACRES LOCATED AT THE NORTHEAST CORNER OF MIRA LOMA DRIVE AND RANCHO VISTA ROAD (APN 944-060-006) 19.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 13- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO THE GENERAL PLAN TO CHANGE THE LAND USE PLAN MAP FROM MEDIUM DENSITY RESIDENTIAL (M) TO HIGH DENSITY RESIDENTIAL (H), AND A ZONING TEXT AMENDMENT TO REVISE THE TEXT FOR PLANNED DEVELOPMENT OVERLAY-11 (PDO-11) FOR 7.24 ACRES LOCATED AT THE NORTHEAST CORNER OF MIRA LOMA DRIVE AND RANCHO VISTA ROAD (PLANNING APPLICATION NO. PAl2-0034) (APN 944-060-006) Action Minutes 022613 7 19.3 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION FOR THE RANCHO VISTA VILLAGE APARTMENTS LOCATED AT THE NORTHEAST CORNER OF MIRA LOMA DRIVE AND RANCHO VISTA ROAD (PLANNING APPLICATION NO. PAl2-0033) (APN 944-060-006) By way of a Power Point presentation, Senior Planner, Stuart Fisk presented the staff report as per agenda material. The public hearing was opened and the following individuals addressed the City Council: • A.G. Kading • Jeffrey Fuller • Monica Sams Oder • Holly Daley • John Boarman • Robert Order • Tamar Stein • John Lieberg • Suzanne St. John Rombach • George Rombach • Ernie White • Lorina Barnett • Diana Serafin • Paisley Trent • Eileen Doktorski • Helina Ellis • Bryan Estrada • Wayne Hall CITY COUNCIL BUSINESS 20 Selection of Alternate to Serve on the Riverside County Habitat Conservation Aqency Board — Appointed Council Member Roberts to serve as alternate on the Riverside County Habitat Conservation Agency Board. The motion was made by Council Member Washington; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. (5-0-0) RECOMMENDATION: 20.1 Appoint a member of the City Council to serve as the alternate to the Riverside County Habitat Conservation Agency Board; Action Minutes 022613 8 20.2 Adopt a resolution entitled: - Approved staff recommendation (5-0-0) The motion was made by Council Member Washington; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RESOLUTION NO. 13-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A REVISED FAIR POLITICAL PRACTICES COMMISSION FORM 806 REGARDING THE APPOINTMENT OF COUNCIL MEMBERS TO COMPENSATED POSITIONS DEPARTMENTAL REPORTS 21 Communitv Development Department Monthlv Report 22 Police Department Monthlv Report 23 Citv Council Travel/Conference Report — January 2013 24 Public Works Department Monthlv Reports CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that there were no reportable actions from the closed session under the Brown Act. ADJOURNMENT At 10:22 P.M., the City Council meeting was formally adjourned to Tuesday, March 12, 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. 1 ��^� � Michael S. Naggar, Mayor ATTEST: � Susan . Jones, MMC City CI rk [SEAL] Action Minutes 022613 9