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Home My WebLink About012814 CC Action MinutesThe City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Chaparral High School 2014 Musical "Jesus Christ Superstar" Cast Invocation: Pastor Clark Van Wick of Calvary Chapel Bible Fellowship Flag Salute: Council Member Naggar ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards PRESENTATIONS /PROCLAMATIONS Certificates of Achievement presented to Temecula Valley Pop Warner Golden Grizzlies Presentation of Service Award - Gary Watts (5 year) Temecula Valley Hospital Update — Darlene Wetton, CEO PUBLIC COMMENTS The following individual addressed the City Council: • Charles Rear CITY COUNCIL REPORTS CONSENT CALENDAR 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 approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Action Minutes 012814 1 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JANUARY 28, 2014 — 7:00 PM The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Chaparral High School 2014 Musical "Jesus Christ Superstar" Cast Invocation: Pastor Clark Van Wick of Calvary Chapel Bible Fellowship Flag Salute: Council Member Naggar ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards PRESENTATIONS /PROCLAMATIONS Certificates of Achievement presented to Temecula Valley Pop Warner Golden Grizzlies Presentation of Service Award - Gary Watts (5 year) Temecula Valley Hospital Update — Darlene Wetton, CEO PUBLIC COMMENTS The following individual addressed the City Council: • Charles Rear CITY COUNCIL REPORTS CONSENT CALENDAR 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 approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Action Minutes 012814 1 1 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 approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 2.1 Approve the action minutes of January 14, 2014. 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 approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14 -05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 First Amendment to Agreement for Police Motorcycle Repair and Maintenance — Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 4.1 That the City Council approve the First Amendment to the Agreement with Temecula Motorsports, Inc., in the amount of $25,000, for Police Motorcycle Repair and Maintenance, bringing the total Fiscal Year 2013 -14 contract amount to $55,000. 5 Approval of the Fiscal Year 2014 -15 Temecula Valley Tourism Business Improvement District (TVTBID) Annual Report and Levy of an Assessment against Lodging Businesses within the TVTBID for Fiscal Year 2014 -15 — Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 5.1 Adopt a resolution entitled: Action Minutes 012814 RESOLUTION NO. 14-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ANNUAL REPORT OF THE ADVISORY BOARD FOR FISCAL YEAR 2014 -15 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) 5.2 Adopt a resolution entitled: RESOLUTION NO. 14-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO LEVY AN ASSESSMENT AGAINST LODGING BUSINESSES WITHIN THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) FOR FISCAL YEAR 2014 -15 AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF 6 Special Tax Consulting Services — Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 6.1 That the City Council approve an Agreement with Albert A. Webb Associates, in the.amount of $81,400, for Special Tax Consulting Services. This agreement provides services to both the City of Temecula and the Temecula Community Services District (TCSD). The City's portion of the Agreement is $39,930 and TCSD's portion is $41,470, in accordance with Exhibit B plus a 10% contingency. 7 2014 Workers' Compensation Coverage Annual Renewal — Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 7.1 That the City Council approve the insurance policy renewal for Workers' Compensation Coverage with Travelers Property Casualty Company of America, in the amount of $289,339, for the period of February 1, 2014 to February 1, 2015. Action Minutes 012814 8 Sponsorship Agreement with the Rotary Club of Temecula for the "Taste of the World" event — March 21, 2014 (at the request of Council Member Washington) — Approved Staff Recommendation (5 -0 -0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 8.1 That the City Council approve a City Sponsorship Agreement to provide in -kind marketing for the Rotary Club of Temecula "Taste of the World" event. 9 Acceleration of AB 2766 Appropriations from Fiscal Year 2014 -15 for Temecula Park and Ride, PW06 -09 — Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 9.1 That the City Council approve the acceleration of AB 2766 appropriations, in the amount of $564,175, from Fiscal Year 2014 -15 for the Temecula Park and Ride Project, PW06 -09. 10 Acceptance of Improvements and Notice of Completion for Fire Station 84 Roof Replacement, PW13 -01 —Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 10.1 Accept the construction of Fire Station 84 Roof Replacement, PW 13 -01, as complete; 10.2 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; 10.3 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. RECESS At 7:29 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting and Successor Agency to the Temecula Redevelopment Agency. At 8:33 P.M., the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Action Minutes 012814 14 Long Range Planning Project No. LR12 -0012, a statutory update of the City of Temecula General Plan Housing Element — Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 14.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE 2014 -2021 GENERAL PLAN HOUSING ELEMENT UPDATE (LONG RANGE PLANNING PROJECT NO. LR12 -0012) AND APPROVAL OF A NEGATIVE DECLARATION UNDER CEQA FOR THE HOUSING ELEMENT By way of a Power Point presentation, Associate Planner, Dana Weaver presented the staff report as per agenda material. CITY COUNCIL BUSINESS 15 Tract Map 23103 -2 (located at the northwest corner of Chemin Clinet and Butterfield Stage Road) — Approved Staff Recommendation 15.2 (2 -1 -2) Council Member Roberts made the motion; it was seconded by Mayor Edwards; and electronic vote reflected approval, by Mayor Edwards and Council Members Roberts; Council Member Comerchero Abstained; Council Members Naggar and Washington left the Chambers during the consideration of Staff Recommendation 15.2 and did not participate in this item. Prior to the consideration of Staff Recommendation 15.2 the City Clerk randomly selected Council Member Comerchero to participate in consideration of this Item in accordance with Section 18708 of the Fair Political Practices Commission's Regulations. The City Attorney provided a detailed report at the time the item was called describing the conflict of interest and the procedures for random selection of a Council Member to meet the quorum requirement. For conflict of interest purposes, Council Members Comerchero, Naggar and Washington were deemed to have an economic interest in the Europa Vineyards Project located across Butterfield Stage Road and within 500 feet of Tract 23103 due to other investments they have in limited liability companies in which the managing member is also the managing member of Temecula Vineyard Estates LLC that owns and will develop Europa Vineyard Estates as well as Council Member Comerchero's position as President of the Rancon Group and that he will receive income for Lennar Homes Inc. during this year. The City Attorney also referenced the Advice Letter from the Fair Political Practices Commission analyzing these conflicts of interest. State Law requires a quorum of three City Council Members be present to conduct business. Fair Political Practices Commission Regulation 18708 allow for one of the disqualified members to be randomly selected to participate in order to make the required quorum. The specific procedures followed by the City Clerk were described in the Agenda Report for this Item and the Advice Letter from the Fair Political Practices Commission and the City Attorney's request for that Advice Letter were attachments to the Agenda Report. Action Minutes 012814 1 • Wayne Hall addressed the Council on Item 15 regarding the random selection process prior to the City Clerk's selection. RECOMMENDATION: 15.1 Prior to the consideration of the Final Map for Tract 23103 -2, the Subdivision Improvement Agreement and Monument Agreement, the Acting City Clerk shall randomly select Council Member Comerchero, Council Member Naggar, or Council Member Washington to participate in the consideration and decision of Recommendations for Tract 23103 -2 in order to achieve a quorum, following the procedures of Section 18708 of the Fair Political Practices Commission Regulations, due to conflicts of interests; 15.2 Following completion of the random selection process, that the City Council consider and act on the following recommended actions with the randomly selected Council Member as a member of the quorum: a. Approve Tract Map 23103 -2 in conformance with the Conditions of Approval; b. Approve the Subdivision Improvement Agreement for Butterfield Stage Improvements and for in -tract Improvements, and accept the Faithful Performance Bond and the Labor and Materials Bond as security for the Agreement; c. Approve the Subdivision Monument Agreement and accept the Subdivision Monument Bond as security for the Agreement. DEPARTMENTAL REPORTS 16 Community Development Department Monthly Report 17 Public Works Department Monthly Reports 18 Police Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson announced there was nothing to report. Action Minutes 012814 6 1 ADJOURNMENT At 7:58 P.M., the City Council meeting was formally adjourned to Tuesday, February 11, 2014, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. ATTEST: Gwyn R. lores, C C Acting City Clerk [SEAL] Action Minutes 012814 C)i;IM?arnn Edwards, Mayor