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Home My WebLink About051016 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MAY 10, 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. RIC1512880; 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 Nagger 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 Nagger Prelude Music: Michael May Invocation: Aaron Adams Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, McCracken, Rahn, Naggar PRESENTATIONS/PROCLAMATIONS Presentation of May is Mental Health Month Proclamation Presentation of National Public Works Week Proclamation Action Minutes 051016 1 PUBLIC COMMENTS ' The following individuals addressed the City Council: • Emily Padilla • Bernard Budney CITY COUNCIL REPORTS CONSENT CALENDAR 1 Waive Reading of Standard Ordinances and Resolutions - 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. 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 26. 2016 - 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. RECOMMENDATION: 2.1 That the City Council approve the action minutes of April 26, 2016. 3 Approve the List of Demands - 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. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 16-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Action Minutes 051016 2 4 Approve the City Treasurer's Report as of March 31, 2016 - 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. RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of March 31, 2016. 5 Approve a Solar Power Purchase Agreement for the Purchase of Electrical Power for Various City Facilities from a Proposed Solar Power Generating Facility to be Constructed on a Portion of the Santa Margarita Ecological Reserve — Approved Staff Recommendation (4-0-1, Council Member Rahn abstained) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Member Edwards, McCracken, Naggar and Comerchero with Council Member Rahn abstaining due to his current employment with San Diego State University, past employment with the Santa Margarita Ecological Reserve and employment as lead researcher on the proposed solar initiative. RECOMMENDATION: 5.1 That the City Council adopt a resolution entitled: ' RESOLUTION NO. 16-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A SOLAR POWER PURCHASE AGREEMENT WITH SMER RESEARCH 1, LLC, ALONG WITH A RELATED SUBLEASE AGREEMENT AND LICENSE AGREEMENT BETWEEN THE CITY AND SMER RESEARCH 1, LLC AND AN INTERCONNECTION AGREEMENT BETWEEN THE CITY AND SOUTHERN CALIFORNIA EDISON COMPANY AND FIND THE CITY'S ACTION EXEMPT FROM CEQA 6 Approve the Agreement for Consultant Services with Michael Baker International, for the Preparation of an Initial Study and Required CEQA Studies and Documents for the Proposed Generations Senior Housing Development - 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. RECOMMENDATION: 6.1 That the City Council approve the Agreement for Consultant Services with Michael Baker International, in the amount of $62,000, for the Preparation of an Initial Study and Required CEQA Studies and Documents for the Proposed ' Generations Senior Housing Development. Action Minutes 051016 3 7 Approve the Amendments to Annual Agreements for Various Maintenance and Repair ' Services Related to the HVAC System, Water Quality, Parking Lots, Excavation and General Contracting, Elevators, Roofing, Asphalt Paving and Parks, Plumbing, Electrical, Fencing, Facilities, Street Signs, and Weed Abatement for 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. RECOMMENDATION: 7.1 That the City Council approve the Amendments to the Annual Agreements in the amounts stated for Fiscal Year 2016-17 for routine maintenance and emergency services for various operational needs by the Department of Public Works, Maintenance Division. 8 Approve the Third Amendment to the Contract with Pacific Striping, Inc., for Citywide Repainting of Traffic Striping, PW13-04 - 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. RECOMMENDATION: ' 8.1 Approve the Third Amendment to the Contract with Pacific Striping, Inc., in the amount of$278,150, for Citywide Repainting of Traffic Striping, PW13-04; 8.2 Authorize the City Manager to approve additional work not to exceed the contingency amount of $51,850, which is approximately 18.6% of the annual amount. 9 Approve an Agreement with McPeek's Dodge of Anaheim for the Purchase of Five Trucks - 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. RECOMMENDATION: 9.1 That the City Council approve an Agreement with McPeek's Dodge of Anaheim, in the amount of $104,655, for the purchase of Five 2016 Dodge Ram 1500 5.71- HEMI V-8 Trucks. 10 Receive and File Temporary Street Closure for 2016 Summerfest Events - 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. 1 Action Minutes 051016 4 RECOMMENDATION: ' 10.1 That the City Council receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2016 Summer(est Events: TEMECULA ART & STREET PAINTING FESTIVAL ROCK SYMPHONY 4TH OF JULY PARADE 4TH OF JULY FIREWORKS SHOW RECESS At 7:36 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:38 PM, the Temecula Community Services District Meeting recessed and convened as the Joint City Council/Temecula Public Financing Authority Meeting. At 7:40 PM, the City Council resumed with the remainder of the City Council Agenda. JOINT CITY COUNCILITEMECULA PUBLIC FINANCING AUTHORITY MEETING CALL TO ORDER: Chairperson Mike Naggar ROLL CALL: DIRECTORS: Comerchero, Edwards, McCracken, Rahn, Naggar ' PUBLIC COMMENTS (None) CONSENT CALENDAR 15 Approve the Action Minutes of April 26. 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: 15.1 That the Board of Directors approve the action minutes of April 26, 2016. 16 Adopt Ordinance No. TPFA 16-01 Levying Special Taxes within Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2) (Second Reading) - Approved Staff Recommendation (3-0-2, Council Member Naggar and 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 and Rahn with Council Member Naggar and Council Member Comerchero abstaining. Council Member Naggar and Council Member Comerchero did not participate on Item 16 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 Action Minutes 051016 5 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 16 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 Staffs 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 16 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 abstained from this item. RECOMMENDATION: 16.1 That the Board of Directors adopt an 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) TPFA EXECUTIVE DIRECTOR REPORT TPFA BOARD OF DIRECTORS REPORTS JOINT MEETING ADJOURNMENT SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY— No Meeting ' TEMECULA HOUSING AUTHORITY— No Meeting Action Minutes 051016 6 RECONVENE TEMECULA CITY COUNCIL DEPARTMENTAL REPORTS 17 City Council Travel/Conference 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 7:47 PM, the City Council meeting was formally adjourned to Tuesday, May 24, 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. Michael S. Naggar, Mayor ATT Rani City Clerk [SEAL] Action Minutes 051016 7