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HomeMy WebLinkAbout012417 CC Action Minutes ACTION MINUTES ' TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JANUARY 24, 2017 —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. City Manager Annual Performance Evaluation. The City Council will meet in closed session pursuant to Government Code Section 54957 to evaluate the performance of the City Manager and establish goals and performance objectives for the nett year as required by the City Manager's Employment Agreement and pursuant to Government Code Section 54957.6 to meet with its designated representatives, Mayor Maryann Edwards and City Attorney .Peter Thorson, to provide direction to the designated representatives concerning the negotiation of changes, if any, to salary, compensation -and/or benefits for the unrepresented employee position of City Manager. Any such changes would be approved by the Council as an Agenda Item in open session at a regular Council Meeting. 2. Labor Negotiations. The City Council will 'meet in closed session with its designated representatives to discuss labor negotiations pursuant to Government Code Section ' 54957.6. The City's designated representatives are: City Manager Aaron Adams, City Attorney Peter Thorson, Assistant City Manager Greg Butler, Director of finance Jennifer Hennessy, Human Resources Manager Isaac Garibay, and Economic Development Analyst Charles Walker. The employee.organization is the California Teamsters Public, Professional and Medical Employees Union Local 911. At 5:30 PM Mayor Edwards 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 7:03 PM CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Aubrey Chang Invocation: Pastor Dave Cope of Calvary Chapel Bible Fellowship Flag Salute: Mayor Pro Tem Matt Rahn ROLL CALL: Comerchero, Naggar, Rahn, Stewart, Edwards Action Minutes 012417 1 PRESENTATIONS/PROCLAMATIONS Presentation for Reality Rally Event Presentation Regarding Annual State Legislative Update by Kirk Blackburn of Ellison Wilson Advocacy PUBLIC COMMENTS • Gary Check addressed the City Council CITY COUNCIL REPORTS CONSENT CALENDAR 1 Waive Reading of Standard Ordinances and Resolutions - Approved Staff Recommendation (5-0) Council Member Stewart made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. 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 January 10. 2017 - Approved Staff Recommendation (5-0) Council Member Stewart made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 2.1 That the City Council approve the City Council, Joint Meeting of the City Council/Planning Commission, and Joint Meeting of the City Council/Old Town Local Review Board action minutes of January 10, 2017. 3 Approve the List of Demands - Approved Staff Recommendation (5-0) Council Member Stewart made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17-07 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Action Minutes 012417 2 4 Approve a Cooperative Agreement Between the City of Temecula and Nonprofit Senior Golden Years in Support of Various Senior Services Activities - Approved Staff Recommendation (5-0) Council Member Stewart made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 4.1 That the City Council approve the Cooperative Agreement between the City of Temecula and nonprofit Senior Golden Years in support of various Senior Services activities. 5 Approve a Cooperative Agreement Between the City of Temecula and the Temecula Valley Genealogical Society in Support of Facility Use - Approved Staff Recommendation (5-0) Council Member Stewart made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 5.1 That the City Council approve the Cooperative Agreement with the Temecula Valley Genealogical Society for in-kind services in support of Facility Use. 6 Approve the Agreement for Consultant Services with Stantec Consulting Services Inc. for the Butterfield Stage Road — Phase III. PW15-11 - Approved Staff ' Recommendation (3-0, Council Member Comerchero and Council Member Naggar abstained) Council Member Stewart made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Rahn, Stewart and Edwards with Council Member Comerchero and Council Member Naggar abstaining. The City Attorney reported that Council Members Comerchero and Naggar would be abstaining on this matter. The ownership of Europa Vineyard Estates is an otherwise related business entity to them within the meaning of Section 18700.2 of the Fair Political Practices Commission Regulations and Council Member Comerchero is the president of owner Sirah Vineyard Development Corporation. The details of the business relationships were extensively discussed in Agenda Reports presented to the City Council and Temecula Public Financing Authority Board of Directors on January 10, 2017 and will be again later in this Agenda. Since this matter is on the Consent Calendar, Council Members Comerchero and Naggar do not need to leave the dais unless the Council acts to remove it from the Consent Calendar and discuss it separately. RECOMMENDATION: 6.1 Approve the Agreement for Consultant Services with Stantec Consulting Services Inc., in the amount of $50,000, for professional design and engineering services in support of the Butterfield Stage Road — Phase III, PW15-11; ' 6.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of$5,000, which is 10% of the Agreement amount. Action Minutes 012417 3 7 Approve the First Amendment to Utility Agreement with Eastern Municipal Water District for Interstate 15 / State Route 79 South Ultimate Interchange. PW04-08 - Approved ' Staff Recommendation (5-0) Council Member Stewart made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 7.1 That the City Council approve the First Amendment to Utility Agreement with Eastern Municipal Water District to relocate utilities for the Interstate 15 / State Route 79 South Ultimate Interchange project (Project). 8 Approve an Appropriation and the Agreement for Consultant Services with Michael Baker International. Inc. for Temecula Park and Ride. PW06-09 - Approved Staff Recommendation (5-0) Council Member Stewart made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 8.1 Approve an appropriation from the General Fund, in the amount of $330,000 for Temecula Park and Ride, PW06-09, for additional administration, design, environmental, and site maintenance costs; 8.2 Approve the Agreement for Consultant Services with Michael Baker ' International, Inc., in an amount not to exceed $57,416, for additional design services; 8.3 Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $5,741.60, which is equal to 10% of the Agreement amount. 9 Summarily Vacate Restricted Access Along a Portion of Campanula Way at Parcel 1 of Parcel Map 36461 - Approved Staff Recommendation (5-0) Council Member Stewart made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 9.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUMMARILY VACATE RESTRICTED ACCESS ALONG A PORTION OF CAMPANULA WAY AT PARCEL 1 OF PARCEL MAP 36461 PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 4, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAY CODE Action Minutes 012417 4 10 Accept the Improvements and File the Notice of Completion for the Main Street Bridge Over Murrieta Creek (Replacement), PW03-05 - Approved Staff Recommendation (4-0, Council Member Rahn abstained) Council Member Stewart made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Stewart and Edwards with Council Member Rahn abstaining. The City Attorney reported that Council Member Rahn would be abstaining on this matter. Prior to becoming a Council Member he was a consultant working on the Project through a business entity he owners but his work was completed prior to his taking office. Mayor pro Tern Rahn has not participated in matters affecting this Project since taking office. Since this matter is on the Consent Calendar, Mayor pro Tern Rahn does not need to leave the dais unless the Council acts to remove it from the Consent Calendar and discuss it separately. RECOMMENDATION: 10.1 Accept the Improvements for the Main Street Bridge Over Murrieta Creek (Replacement), PW03-05, as complete; 10.2 Direct the City Clerk to File and Record the Notice of Completion. 11 Accept the Improvements and File the Notice of Completion for the Old Town Temecula Community Theater Remediation, PW12-04 - Approved Staff Recommendation (5-0) Council Member Stewart made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 11.1 Accept the Improvements for the Old Town Temecula Community Theater Remediation, PW12-04, as complete; 11.2 Direct the City Clerk to File and Record the Notice of Completion. 12 Approve Plans and Specifications, and Authorize the Solicitation of Construction Bids for Pavement Rehabilitation Program — Margarita Road (Rancho California Road to Temecula Parkway). PW12-11 - Approved Staff Recommendation (5-0) Council Member Stewart made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 12.1 Approve the Plans and Specifications, and authorize the Department of Public Works to solicit construction bids for the Pavement Rehabilitation Program — Margarita Road (Rancho California Road to Temecula Parkway), PW12-11; 12.2 Make a finding that this project is exempt from CEQA per Section 15301, Class 1(c) of the CEQA Guidelines. Action Minutes 012417 5 13 Approve Plans and Specifications and Authorize the Solicitation of Construction Bids for Butterfield Stage Road at La Serena Way—Traffic Signal Installation, PW15-11TS ' Approved Staff Recommendation (3-0, Council Member Comerchero and Council Member Naggar abstained) Council Member Stewart made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Rahn, Stewart and Edwards with Council Member Comerchero and Council Member Naggar abstaining. The City Attorney reported that Council Members Comerchero and Naggar would be abstaining on this matter. The ownership of Europa Vineyard Estates is an otherwise related business entity to them within the meaning of Section 18700.2 of the Fair Political Practices Commission Regulations and Council Member Comerchero is the president of owner Sirah Vineyard Development Corporation. The details of the business relationships were extensively discussed in Agenda Reports presented to the City Council and Temecula Public Financing Authority Board of Directors on January 10, 2017 and will be again later in this Agenda. Since this matter is on the Consent Calendar, Council Members Comerchero and Naggar do not need to leave the dais unless the Council acts to remove it from the Consent Calendar and discuss it separately. RECOMMENDATION: 13.1 That the City Council approve the Plans and Specifications, and authorize the Department of Public Works to solicit Construction Bids for the Butterfield Stage Road at La Serena —Traffic Signal Installation, PW15-11TS (Project). RECESS At 7:45 PM, the City Council recessed and convened as the Temecula Community Services District Meeting, the Successor Agency to the Temecula Redevelopment Agency Meeting and the Temecula Public Financing Authority Meeting. At 8:08 PM, the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL JOINT MEETING OF THE CITY COUNCIL AND TEMECULA PUBLIC FINANCING AUTHORITY PUBLIC HEARING 17 Approve Issuance of Special Tax Bonds for the Temecula Public Financing Authority Community Facilities Districts No. 03-02 (Roripaugh Ranch) and No. 16-01 (Roripaugh Ranch Phase 2) 17.1 - Approved Staff Recommendation (3-0-2, Council Member Comerchero and Council Member Naggar abstained) Council Member Rahn made the motion; it was seconded by Council Member Stewart; and electronic vote reflected approval by Council Members Rahn, Stewart and Edwards with Council Member Comerchero and Council Member Naggar not present in Chamber. ' 17.2 - Approved Staff Recommendation (4-0-1, Council Member Naggar Abstained) Council Member Stewart made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Rahn, Stewart and Edwards with Council Member Naggar not present in Chamber. Action Minutes 012417 6 17.3 - Approved Staff Recommendation (3-0-2, Council Member Comerchero and ' Council Member Naggar abstained) Council Member Rahn made the motion; it was seconded by Council Member Stewart; and electronic vote reflected approval by Council Members Rahn, Stewart and Edwards with Council Member Comerchero and Council Member Naggar not present in Chamber. The City Attorney presented a report to the City Council and Authority Board of Directors concerning potential conflicts of interest and the random selection procedures for this Agenda Item. City Attorney stated that at the January 10, 2017 meeting of the Authority Board he reported on the business relationships between Council/Board Members Comerchero and Naggar and the business entities owning the Europa Vineyard Estates Project, located southeast of Butterfield Stage Road and La Serena Way. This Project is adjacent to that portion of Butterfield Stage Road, Phase 3 construction, that is designated as a public improvement eligible to be funded with proceeds of the of the Special Tax Bonds for Community Facilities District No. 16-01 being considered on this Agenda Item. Remaining proceeds of the 2006 Bonds for CFD 03-02 could also be used to fund this public improvement. Europa Vineyard Estates had been owned by Temecula Vineyard Estates, LLC. Europa Vineyard Estates is now owned by an entity related to Temecula Vineyard Estates, LLC, Sirah Vineyard Development Corporation. Council/Board Member Comerchero is the President of Sirah Vineyard Development Corporation. Neither Council/Board Members Comerchero nor Naggar has any ' direct investments or ownership interests in the Europa Vineyard Estates Project, Temecula Vineyard Estates, LLC or Sirah Vineyard Development Corporation. The managing member of Temecula Vineyard Estates, LLC, has been Mr. Daniel Stephenson. Council/Board Members Comerchero and Naggar, however, each have ownership interests and are members other limited liability companies that are developing property outside of the City of Temecula and in which Mr. Stephenson is also the managing member. The Europa Vineyard Estates Project, Temecula Vineyard Estates, LLC, and Sirah Development Corporation are, therefore, "otherwise related business entities" for Council/Board Members Comerchero and Naggar within the meaning of § 18700.2 of the FPPC Regulations. Therefore, Council/Board Members Comerchero and Naggar have a potential conflict of interest and have not participated in the preliminary proceedings for the issuance of the proposed Special Tax Bonds for CFD 03-02 and 16-01. The Agenda Report for the January 10, 2017 meeting and the Agenda Report for tonight's Agenda Item extensively document these business relationships and conflict of interest issues. Normally both members would not participate in the approval of the issuance of the two Special Tax Bonds on tonight's Agenda. However, the proposed Resolution of the Authority authorizing the issuance of CFD 16-01 Special Tax Bonds requires a 415 1h vote of the Board of Directors of the Authority. Therefore, on January 10, 2017 Board Member Comerchero was randomly selected pursuant to the procedures of Section 18705 of the FPPC Regulations to achieve a quorum of four members for the consideration of the Resolution to authorize approval of the CFD 16-01 Bonds. Action Minutes 012417 7 ' Council/Board Member Naggar did not participate in the consideration of the approval of issuance of the CFD 03-02 and 16-01 Special Tax Bonds and left the Council Chamber during the Agenda Item. Council/Board Member Comerchero participated in the Authority's consideration and vote on Authority Resolution No. 17-01 approving issuance of the CFD 16-01 Special Tax Bonds as the randomly selected member but he did not participate in any of the other matters relating to the CFD 03-02 or CFD 16-01 Special Tax Bonds. Council/Board Member Comerchero left the Council Chamber during the proceedings but returned to participate in the discussion and vote concerning the Authority Resolution No. 17-01 for issuance of the CFD 16-01 Special Tax Bonds. RECOMMENDATION: 17.1 That the City Council hold a public hearing in accordance with Section 6586.5(a)(2) of the California Government Code with respect to the financing of public improvements by means of the issuance of community facilities district special tax bonds by the Temecula Public Financing Authority for its Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2), and adopt by a majority vote the resolution entitled: RESOLUTION NO. 17-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING FINDINGS WITH RESPECT TO AND APPROVING THE ISSUANCE OF BONDS BY THE TEMECULA PUBLIC FINANCING AUTHORITY 17.2 That the Temecula Public Financing Authority adopt by a 4/5ths vote the resolution entitled: RESOLUTION NO. TPFA 17-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF SPECIAL TAX BONDS FOR COMMUNITY FACILITIES DISTRICT NO. 16-01 (RORIPAUGH RANCH PHASE 2), AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS 17.3 That the Temecula Public Financing Authority adopt by a majority vote the resolution entitled: RESOLUTION NO. TPFA 17-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF SPECIAL TAX REFUNDING BONDS RELATED TO THE TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH), APPROVING AND DIRECTING THE EXECUTION OF A FISCAL AGENT AGREEMENT AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS Action Minutes 012417 8 ADJOURNMENT OF JOINT MEETING RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 18 Approve the CAFR Report for the Year Ended June 30, 2016 - Approved Staff Recommendation (5-0) Council Member Stewart made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 18.1 That the City Council receive and file the City Comprehensive Annual Financial Report (CAFR) as June 30, 2016. JOINT MEETING OF THE CITY COUNCIL AND COMMUNITY SERVICES COMMISSION 19 Conduct Annual Joint Meeting Between the City Council and the Community Services Commission — Receive and file. RECOMMENDATION: 19.1 That the City Council conduct the annual joint meeting between the City Council and the Community Services Commission. ADJOURNMENT OF JOINT MEETING DEPARTMENTAL REPORTS 20 City Council Travel/Conference Report 21 Community Development Department Monthly Report 22 Fire Department Monthly Report 23 Police Department Monthly Report 24 Public Works Department Monthly Reports BOARD/COMMISSION REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson reported there were no reportable actions in regards to the Closed Session items and any actions for these items will take place in open session. Action Minutes 012417 9 ADJOURNMENT At 8:30 PM, the City Council meeting was formally adjourned to Mid-Year Budget Workshop: Thursday, January 26, 2017, at 8:30 AM, City Council Chambers, 41000 Main Street, Temecula, California. Next regular meeting: Tuesday, February 14, 2017, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 9i� Maryann EdwarCs, Mayor T�� Ra i Johl, City Clerk [SEAL] Action Minutes 012417 10