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Home My WebLink About042616 CC Action Minutes ACTION MINUTES ' TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA APRIL 26, 2016 —7:00 PM 5:30 PM -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. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to three matters of pending litigation: (1) Hill v. City of Temecula, Riverside County Superior Court No. RIC1501349; (2) Los Ranchitos Homeowners Association v. City of Temecula, Riverside County Superior Court No. .RIC15128M and (3) Scharpen Foundation v. Kamala Harris et al; Riverside County Superior Court No. RIC1514022. 2. CONFERENCE WITH LEGAL COUNSEL-POTENTIAL LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(2) with respect to one matter of potential litigation. 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. At 5:30 PM Mayor 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 PM CALL TO ORDER: Mayor Mike Naggar Prelude Music: The Still Point Quartet Invocation: Elder Bob Ruiz of Reliance Church Flag Salute: Monty Sharp ROLL CALL: Comerchero, Edwards, McCracken, Rahn, Naggar PRESENTATIONS/PROCLAMATIONS Presentation of Certificates of Recognition to Rancho Christian High School Eagles Boys Varsity Basketball Team Presentation of Certificate of Achievement to Zachary Orlaski of Troop #500 for ' Attaining Eagle Scout Rank Presentation of National Travel & Tourism Week in Temecula Proclamation Action Minutes 042616 1 PUBLIC COMMENTS ' The following individuals addressed the City Council: • Gillian Larson • Monty Sharp • Jay Szlzypiorski • Walt Combs • Cecilie Nelson CITY COUNCIL REPORTS CONSENT CALENDAR 1 Waive Reading of Standard Ordinances and Resolutions - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Comerchero, Edwards, McCracken, Rahn and Naggar. RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. ' 2 Approve the Action Minutes of April 12, 2016 - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Comerchero, Edwards, McCracken, Rahn and Naggar. RECOMMENDATION: 2.1 That the City Council approve the action minutes of April 12, 2016. 3 Approve the List of Demands - Approved Staff Recommendation (4-1, Council Member Naggar Abstained) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Comerchero, Edwards, McCracken and Rahn with Council Member Naggar abstaining due to reimbursement, Check #176083, for the purchase of a City-owned computer to conduct City business. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 16-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ' TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Action Minutes 042616 2 4 Approve the Fourth Amendment to the Agreement with Environmental Science Associates for the Preparation of a Supplemental Environmental Impact Report for the ' Temecula Valley Hospital Heliport Relocation - Approved Staff Recommendation (4-1, Council Member Comerchero Abstained) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Rahn and Naggar with Council Member Comerchero abstaining due to the fact that he serves on the Governing Board for the Temecula Valley Hospital. RECOMMENDATION: 4.1 That the City Council approve the Fourth Amendment to the Agreement for Consultant Services with Environmental Science Associates (ESA), in the amount of $9,850, for a total agreement amount of $134,005, for the preparation of a Supplemental Environmental Impact Report (EIR) for the Temecula Valley Hospital Heliport Relocation. 5 Approve the First Amendment to the Agreement with Blanca Y. Price for Landscape Plan Review and Inspection Services for Fiscal Year 2015-16 - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Comerchero, Edwards, McCracken, Rahn and Naggar. RECOMMENDATION: ' 5.1 That the City Council approve the First Amendment to the Agreement for Consulting Services with Blanca Y. Price, in the amount of $40,000, for a total agreement amount of $150,000, to perform Landscape Plan Review and Inspection Services for Fiscal Year 2015-16. 6 Approve an Agreement for Consultant Services with Michael Baker International Company for Pechanga Parkway Widening (Via Gilberto to North Casino Drive). PW15-14 - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Comerchero, Edwards, McCracken, Rahn and Naggar. RECOMMENDATION: 6.1 Approve the Agreement for Consultant Services with Michael Baker International Company, in the amount of $214,173, for Pechanga Parkway Widening (Via Gilberto to North Casino Drive), PW15-14; 6.2 Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $21,417, which is equal to 10% of the Agreement amount. RECESS ' At 7:50 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:52 PM, the Temecula Community Services District Meeting recessed and convened as the Joint City Council/Temecula Public Financing Authority Meeting. At 8:09 PM, the City Council resumed with the remainder of the City Council Agenda. Action Minutes 042616 3 JOINT CITY COUNCILITEMECULA PUBLIC FINANCING AUTHORITY MEETING ' CALL TO ORDER: Chairperson Mike Naggar ROLL CALL: COUNCIL MEMBERS/DIRECTORS: Comerchero, Edwards, McCracken, Rahn, Naggar 9 Formation of Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2) Council Member Naggar and Council Member Comerchero did not participate on Item 9 of the Joint City Council Temecula Public Financing Authority Agenda. Europa Vineyard Estates is located on approximately 290 acres southeasterly of Butterfield Stage Road and La Serena Way in unincorporated Riverside County. It has been owned by Temecula Vineyard Estates, LLC, and is adjacent to Butterfield Stage Road. Neither Council Member Naggar nor Council Member Comerchero has any direct investments or ownership interests in the Temecula Vineyard Estates, LLC. The managing member of Temecula Vineyard Estates, LLC, has been Mr. Daniel Stephenson. Council Member Naggar and Council Member Comerchero do, however, have ownership interests and are members other limited liability companies that are developing property outside of the City of Temecula in which Mr. Stephenson is also the managing member. Europa Vineyard Estates is, therefore, an "otherwise related business entity" for these officials within the meaning of § 18703.1 of the FPPC Regulations. Europa Vineyard Estates is now owned by an entity related to Temecula Vineyard Estates, LLC, Sirah Development Corporation, Inc., of which Council Member Comerchero is an officer. The proposed actions on Item 9 initiating new and restructured CFD bonds for the Roripaugh Ranch Project will have no material financial effect, indeed no effect, on Europa Vineyard Estates, or the owners of that Project, for the simple reason that the these actions do not change the Roripaugh Ranch Developers' obligation to construct the Phase 3 Improvements to Butterfield Stage Road from what has been required since approval of the original Development Agreement and Specific Plan in December 2002. This is consistent with the Fair Political Practices Commission Legal Staff's March 2008 opinion (A- 08-015) [Calixto Property] allowing Council Member Naggar and Council Member Comerchero's participation in a decision to acquire property located 372 feet south of Europa Villages Estates necessary for the construction of the Phase 3 Improvements. Additionally, the funding for the Phase 3 Improvements for Butterfield Stage Road has been in place since the Roripaugh Ranch Community Facilities District 03-02 issued community facilities district special tax bonds in April 2006. The City Attorney determined that Council Member Naggar and Council Member Comerchero may participate in the consideration of Item 9 of the Joint City Council/TPFA Agenda initiating a new and restructured CFD bonds for the Roripaugh Ranch Project. Council Member Naggar and Council Member Comerchero have, however, chose not to participate in these actions involving the new and restructured bonds and left the Council Chamber. 9.1 Approved Staff Recommendation (3-0, Council Member Naggar and Council Member Comerchero absent) Council Member McCracken made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken and Rahn with Council Member Naggar and Council Member Comerchero absent by leaving the Chambers. Action Minutes 042616 4 9.2 Approved Staff Recommendation (3-0, Director Naggar and Director Comerchero absent) Director McCracken made the motion; it was seconded by ' Director Rahn; and electronic vote reflected approval by Directors Edwards, McCracken and Rahn with Director Naggar and Director Comerchero absent by leaving the Chambers. 9.3 — 9.4 Approved Staff Recommendation (3-0, Director Naggar and Director Comerchero absent) Director McCracken made the motion; it was seconded by Director Rahn; and electronic vote reflected approval by Directors Edwards, McCracken and Rahn with Director Naggar and Director Comerchero absent by leaving the Chambers. RECOMMENDATION: 9.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 16-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING JOINT COMMUNITY FACILITIES AGREEMENT RELATING TO THE FINANCING OF PUBLIC IMPROVEMENTS AND IMPLEMENTATION OF ACQUISITION AGREEMENT 9.2 That the Temecula Public Financing Authority hold a public hearing regarding the formation of the proposed Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2) (the "CFD"), the levy of special taxes in the CFD, and the issuance of bonds by the Temecula Public Financing Authority for the CFD, and adopt the resolutions entitled: RESOLUTION NO. TPFA 16-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF FORMATION OF TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 16-01 (RORIPAUGH RANCH PHASE 2), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT RESOLUTION NO. TPFA 16-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 16-01 (RORIPAUGH RANCH PHASE 2) AND SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT Action Minutes 042616 5 RESOLUTION NO. TPFA 16-06 ' A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY CALLING SPECIAL ELECTION WITHIN COMMUNITY FACILITIES DISTRICT NO. 16-01 (RORIPAUGH RANCH PHASE 2) 9.3 That the Temecula Public Financing Authority hold an election regarding the CFD, and adopt the resolution entitled: RESOLUTION NO. TPFA 16-07 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN — COMMUNITY FACILITIES DISTRICT NO. 16-01 (RORIPAUGH RANCH PHASE 2) 9.4 That the Temecula Public Financing Authority have the first reading of the ordinance entitled: ORDINANCE NO. TPFA 16-01 AN ORDINANCE OF THE TEMECULA PUBLIC FINANCING AUTHORITY LEVYING SPECIAL TAXES WITHIN TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 16-01 (RORIPAUGH RANCH PHASE 2) City Attorney Thorson introduced and read by title only Ordinance No. TPFA 16-01. TPFA EXECUTIVE DIRECTOR REPORT TPFA BOARD OF DIRECTORS REPORTS JOINT MEETING ADJOURNMENT RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 10 Approval of the Community Development Block Grant (CDBG) Annual Action Plan and Funding Recommendations for the Fiscal Year 2016-17 - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Members Comerchero, Edwards, McCracken, Rahn and Naggar. Action Minutes 042616 6 RECOMMENDATION: ' 10.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 16-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE 2016-2017 ANNUAL ACTION PLAN AS AN APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR FUNDING UNDER THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, INCLUDING THE PROPOSED USE OF FUNDS FOR FISCAL YEAR 2016-2017 Kim Goodnough addressed the City Council on this item. DEPARTMENTAL REPORTS 11 Community Development Monthly Report 12 Police Department Monthly Report 13 Public Works Department Monthly Report ' CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson reported there were no reportable actions in regards to the Closed Session items. ADJOURNMENT At 8:27 PM, the City Council meeting was formally adjourned to Tuesday, May 10, 2016, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 4 y Michael S. Na gar, Mayor ATTES ' Randi Johl, City Clerk [SEAL] Action Minutes 042616 7