HomeMy WebLinkAbout02142023 CC Action MinutesACTION MINUTES
TEMECULA CITY COUNCIL
REGULAR MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
FEBRUARY 14, 2023 - 6:00 PM
CLOSED SESSION - 5:00 PM
CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council convened in closed
session pursuant to Government Code Section 54956.8 regarding the acquisition of certain property
interests, including certain permanent maintenance and access easements, temporary construction
easements with a term of twelve months, covenants for construction of certain permanent improvements,
and a conservation easement on four properties described below in connection with the proposed
extension of Nicolas Road from its current termination at Calle Girasol easterly to Butterfield Stage
Road, Project Number LD20-1114 ("Project"). Negotiators for the City are Patrick Thomas and Ron
Moreno. The negotiators for the respective real property interests are set forth below.
(i) The acquisition of certain property interests from the real property located at 31270 Tommy Lane in
the City of Temecula (APN 957-150-005). Specifically, the City seeks to acquire an approximate 31,520
square foot temporary construction easement with a term of 12 months and an approximate 26,957
square foot permanent maintenance and access easement. The negotiating parties are the City of
Temecula and the property owners Jose Leonardo Garcia and Mayerling Alida Monteros-Garcia. Under
negotiations are price and terms of the acquisition of these property interests.
(ii) The acquisition of certain property interests from the real property located at 39280 Deputy Road in
the City of Temecula (APN 957-090-019). Specifically, the City seeks to acquire an approximate 29,630
square foot temporary construction easement with a term of 12 months, covenant authorizing the
construction of certain permanent improvements in portions of that 29,630 square foot area, an
approximate 16,956 square foot permanent maintenance and access easement, and a public utility
easement. The negotiating parties are the City of Temecula and the property owners Sohan Singh and
Kuldip Kaur Singh. Under negotiations are price and terms of the acquisition of these property interests.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council will meet in closed
session pursuant to Government Code Section 54956.8 regarding negotiations for the acquisition of the
property interests of Rancon Commerce Center Phases 2, 3, & 4, Inc., a California non-profit mutual
benefit corporation in the following parcels in connection with the Overland Drive Extension Project,
PW 16-06:
(i) Real property owned by the City of Temecula. The subject real property is commonly known as
27499 Commerce Center Drive, City of Temecula, California, and is identified as Riverside County
Assessor's Parcel Number 921-480-031. The negotiating parties are the City of Temecula and the Board
of Directors of the Rancon Commerce Center Phases 2, 3, & 4, Inc. Association.
(ii) Real property owned by the City of Temecula. The subject real property is commonly known as
27495 Enterprise Circle West, City of Temecula, California, and is identified as Riverside County
Assessor's Parcel Number 921-480-013. The negotiating parties are the City of Temecula and the Board
of Directors of the Rancon Commerce Center Phases 2, 3, & 4, Inc. Association.
(iii) Real property owned by the City of Temecula. The subject real property is commonly known as
27498 Enterprise Circle West, City of Temecula, California, and is identified as Riverside County
Assessor's Parcel Number 921-480-020. The negotiating parties are the City of Temecula and the Board
of Directors of the Rancon Commerce Center Phases 2, 3, & 4, Inc. Association. The City negotiators
for each of these real property interests are Patrick Thomas and Amer Attar. Under negotiation are the
price and terms.
CALL TO ORDER at 6:00 PM: Mayor Zak Schwank
INVOCATION: Antonio Madrigal of The Eschatologist
FLAG SALUTE: Council Member Curtis Brown
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart
PRESENTATIONS
Presentation of Riverside County Sheriffs Department CORE Team
Presentation to 2022 Retired Board and Commission Members
BOARD / COMMISSION REPORTS
Planning Commission, Public/Traffic Safety Commission, Race, Equity, Diversity and Inclusion
Commission
PUBLIC SAFETY REPORT
County of Riverside, Riverside County Sheriffs Department
PUBLIC COMMENTS - NON -AGENDA ITEMS
The following individual(s) addressed the City Council:
• Marshall Hamilton • Temecula Elementary Student Council
• Slim Killens • Laurel Lamont
• Mick Sobczak • Jessica Christopher
• Derek Kinnison
The following individual(s) submitted an electronic comment:
• Melissa Bourbonnais
PUBLIC COMMENTS - AGENDA ITEMS
The following individual(s) addressed the City Council:
• Dario Bianchi (Item #15 and #17) Bob Kowell (Item #17)
• Robert Stack (Item #16) Jessica Christopher (Item #15 and #17)
• Dale Stewert (Item # 17)
The following individual(s) submitted an electronic comment:
• Rick Reiss (Item # 17)
CITY COUNCIL REPORTS
CONSENT CALENDAR
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.
Approved the Staff Recommendation (5-0): Motion Stewart, Second by Alexander. The vote reflected
unanimous approval.
1. Waive Reading of Standard Ordinances and Resolutions
Recommendation: 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 Action Minutes of January 24, 2023
Recommendation: That the City Council approve the action minutes of January 24, 2023.
3. Approve List of Demands
Recommendation: That the City Council adopt a resolution entitled:
RESOLUTION NO. 2023-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS
SET FORTH IN EXHIBIT A
4. Adopt Ordinance No. 2023-02 Amending Section 10.28.010(D) of the Temecula Municipal
Code Regarding Prima Facie Speed Limits on Certain Streets(Second Reading)
Recommendation: That the City Council adopt an ordinance entitled:
ORDINANCE NO. 2023-02
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
5. Approve Fiscal Year 2022-23 Mid-Year Budget Adjustments
Recommendation: That the City Council adopt the following resolutions entitled:
RESOLUTION NO. 2023-10
111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, AMENDING THE FISCAL YEAR 2022-23 ANNUAL
OPERATING BUDGET
3
RESOLUTION NO. 2023-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE CAPITAL IMPROVEMENT
PROGRAM FISCAL YEARS 2023-27 AND AMENDING THE
CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2022-23
6. Approve U.S. House of Representatives District Office Lease Amendment at the Temecula Civic
Center
Recommendation: That the City Council approve U.S. House of Representatives District
Office Lease Amendment at the Temecula Civic Center in substantially
the form as attached.
7. Approve License Agreement with SAFE Alternatives for Everyone, Inc. for Use of City Real
Property
Recommendation: That the City Council approve the license agreement between the City of
Temecula and SAFE Alternatives for Everyone, Inc. (S.A.F.E.) for use of
City Real Property.
8. Approve Second Amendment with San Diego State University Foundation for the Radio
Communication Site Lease
Recommendation: That the City Council approve the second amendment with San Diego
State University Foundation for the Radio Communication Site Lease
extending the annual term for an additional three years, a 3%rent increase
and a change in the insurance requirements, for a total contract amount of
$80,982.12.
9. Approve Agreement with Rancon Commerce Center Phases 2, 3 & 4, Inc. in Connection with
Overland Drive Extension Project- PW16-06
Recommendation: That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 2023-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING AGREEMENT BETWEEN CITY OF
TEMECULA AND RANCON COMMERCE CENTER PHASES 2, 3 &
4, INC. IN CONNECTION WITH OVERLAND DRIVE EXTENSION
PROJECT, PW16-06
2. Authorize the City Manager to approve and execute the agreement
between City of Temecula and Rancon Commerce Center Phases 2, 3 &
4, Inc. in Connection with Overland Drive Extension Project, PW 16-06
in substantially the form attached to the agenda report, and take all
4
1
necessary actions to effectuate the transactions described in the
agreement.
10. Approve Mitigation Credit Purchase Agreement and Acknowledgement with RBV Miti ag tion
Credits, LLC for the Santa Gertrudis Creek Trail Phase II - Margarita Road Undercrossing,
PW 19-04
11.
12.
Recommendation: That the City Council approve the mitigation credit purchase agreement
and acknowledgement between RBV Mitigation Credits, LLC and the
City of Temecula for the purchase of mitigation credits with Barry Jones
Wetland Mitigation Bank, in the amount of $31,350 for the Santa
Gertrudis Creek Trail Phase II - Margarita Road Undercrossing,
PW 19-04.
Award Construction Contract to LDCo, Inc. for the Mary Phillips Senior Center Enhancement
and Renovation, PW20-13
Recommendation: That the City Council:
1. Award a construction contract to LDCo, Inc., in the amount of
$1,286,000, for the Mary Phillips Senior Center Enhancement and
Renovation, PW20-13; and
2. Authorize the City Manager to approve contract change orders up to
25% of the contract amount, $321,500; and
3. Make a finding that the Mary Phillips Senior Center Enhancement and
Renovation, PW20-13 project is exempt from Multiple Species Habitat
Conservation Plan (MSHCP) fees.
Accept Improvements and File the Notice of Completion for Ronald Reagan Sports Park
Restroom Expansion and Renovation Project, PW18-03
Recommendation: That the City Council:
1. Accept the Design, Fabrication, Purchase and Installation of the
Ronald Reagan Sports Park Restroom Expansion and Renovation Project,
PW18-03 by Public Restroom Company as complete; and
2. Direct the City Clerk to file and record the Notice of Completion for
Public Restroom Company; and
3. Release Public Restroom Company's Labor and Materials Bond seven
months after filing the Notice of Completion if no liens have been filed;
and
4. Accept the construction of the Ronald Reagan Sports Park Restroom
Expansion and Renovation Project, PW18-03; as complete; and
E
5. Direct the City Clerk to file and record the Notice of Completion for IE
General Engineering Inc. and release the performance bond; and
6. Release IE General Engineering Inc.'s Labor and Materials Bond seven
months after filing the Notice of Completion if no liens have been filed.
RECESS:
At 6:50 PM, the City Council recessed and convened as the Temecula Community Services District
Meeting and Joint Temecula Public Financing Authority and City Council Meeting. At 7:04 PM the
City Council resumed with the remainder of the City Council Agenda.
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
16. Adont Resolutions of Necessitv for Acauisition by Eminent Domain of Certain Real Prone
Interests for Public Purposes on Assessor's Parcel Numbers 957-150-005 and 957-090-019 in
Connection with the Construction of Public Street, Drainage, Access and Related Improvements,
and all Uses Necessary or Convenient Thereto for the Proposed Extension of Nicolas Road from
Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection
Recommendation: That the City Council:
1. Consider the following Resolutions, which are Resolutions of
Necessity of the City of Temecula, declaring certain real property
interests necessary for public purposes and authorizing the acquisition
thereof for public use in connection with the construction of public street,
drainage, access, public utility and related improvements, and all uses
necessary or convenient thereto for the proposed extension of Nicolas
Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road
Connection:
RESOLUTION NO.2023-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS
NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE
ACQUISITION THEREOF IN CONNECTION WITH THE PUBLIC
STREET, DRAINAGE, ACCESS AND RELATED IMPROVEMENTS
FOR THE NICOLAS ROAD FROM BUTTERFIELD STAGE ROAD
TO THE CALLE GIRASOL/NICOLAS ROAD CONNECTION
(CERTAIN PROPERTY INTERESTS ON APN 957-150-005) AND
MAKING FINDINGS THAT NO FURTHER ENVIRONMENTAL
REVIEW IS REQUIRED PURSUANT TO SECTION 15162 OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES
AND SECTION 21166 OF THE PUBLIC RESOURCES CODE
RESOLUTION NO. 2023-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS
NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE
ACQUISITION THEREOF IN CONNECTION WITH THE PUBLIC
STREET, DRAINAGE, ACCESS AND RELATED IMPROVEMENTS
FOR THE NICOLAS ROAD FROM BUTTERFIELD STAGE ROAD
TO THE CALLE GIRASOL/NICOLAS ROAD CONNECTION
(CERTAIN PROPERTY INTERESTS ON APN 957-090-019) AND
MAKING FINDINGS THAT NO FURTHER ENVIRONMENTAL
REVIEW IS REQUIRED PURSUANT TO SECTION 15162 OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES
AND SECTION 21166 OF THE PUBLIC RESOURCES CODE
2. Open and conduct a hearing on the adoption of the proposed
Resolutions of Necessity, receive from City Staff the evidence stated and
referred to in this Agenda Report ("Report"), take testimony from any
person wishing to be heard on issues A, B, C, and D below, and consider
all evidence to determine whether to adopt the proposed Resolutions of
Necessity, each of which requires the City Council's separate
consideration and determination.
3. If the City Council finds, based on the evidence contained and referred
to in this Report, the testimony and comments submitted to the City
Council, that the evidence warrants the necessary findings with respect to
the proposed Resolutions of Necessity, then City Staff recommends that
the City Council, in the exercise of its discretion, adopt proposed
Resolutions of Necessity, each of which requires a 4/5ths vote of the
entire City Council, authorizing the acquisition by eminent domain of the
Subject Property Interests summarized below and described more
particularly in the Exhibits to each Resolution of Necessity:
(i) Jose Leonardo Garcia & Mayerling Alida Monteros-Garcia — 31270
Tommy Lane, Temecula (APN 957-150-005 — Garcia Parcel)
-An approximate 26,957 square foot permanent maintenance and access
easement described more particularly on ATTACHMENT A and depicted
on ATTACHMENT B.
-An approximate 31,520 square foot temporary construction easement
with a term of twelve months is described more particularly on
ATTACHMENT A-1 and depicted on ATTACHMENT B-1.
The approximate 26,957 square foot permanent maintenance and access
easement and the approximate 31,520 square foot temporary construction
easement the City seeks to acquire on the Garcia Parcel are referred to
below collectively as the "Garcia Property Interests". The Garcia
Property Interests are located on the portions of the Garcia Property
within the Long Valley Wash, a natural flood control channel.
(ii) Sohan Singh and Kuldip Kaur Singh — 39280 Deputy Road, Temecula
(APN 957-090-019 — Singh Parcel)
-An approximate 16,956 square foot permanent maintenance and access
easement described more particularly on ATTACHMENT C and depicted
on ATTACHMENT D.
-An approximate 648.59 square foot public utility easement in favor of
Southern California Edison described more particularly on
ATTACHMENT C-1 and depicted on ATTACHMENT D-1.
-An approximate 29,630 square foot temporary construction easement
with a term of twelve months to facilitate the construction of the Project
with a covenant that would authorize the construction of certain rip -rap
and related improvements to protect the related street and drainage
improvements from erosion and flooding and to construct an access
driveway to the Nicolas Road improvements described more particularly
on ATTACHMENT C-2 and depicted on ATTACHMENT D-2.
The approximate 16,956 square foot permanent maintenance and access
easement and the approximate 29,630 square foot temporary construction
easement with a term of twelve months with a covenant that would
authorize the construction of certain drainage, rip -rap and related
improvements to protect the related street and drainage improvements
from erosion and flooding and to construct an access driveway to the
Nicolas Road improvements, and the approximate 648.59 square foot
public utility easement in favor of Southern California Edison on the
Singh Parcel are referred to below collectively as "Singh Property
Interests". The permanent maintenance and access easement and the
temporary construction easement are located on the portions of the Singh
Parcel within the Long Valley Wash, a natural flood control channel. A
rough depiction of the improvements that will be constructed within the
Permanent Maintenance and Access Easement and the Temporary
Construction Easement is attached as ATTACHMENT E and
incorporated herein by this reference.
4. If the City Council adopts the proposed Resolutions of Necessity,
authorize the City Attorney's Office to file and prosecute eminent domain
proceedings for the acquisition of the Subject Property Interests by
eminent domain.
5. Authorize the City Manager to execute all necessary documents.
6. Authorize the City Clerk to certify the adoption of the Resolutions of
Necessity.
Approved the Staff Recommendation (5-0): Motion Kalf is, Second by Brown. The vote
reflected unanimous approval.
BUSINESS
17. Consider Term Limits for City Council Members (At the Request of Council Member Kalfus)
Recommendation: That the City Council consider term limits for City Council Members and
provide general direction regarding the same.
Motion to approve the placement of term limits on the November 2024 ballot, with a lifetime of
three (3) four (4) year terms: (4-1): Motion Kalfus, Second by Alexander. The vote reflected
unanimous approval with Schwank opposing.
DEPARTMENTAL REPORTS (RECEIVE AND FILE)
18. City Council Travel/Conference Report
ITEMS FOR FUTURE CITY COUNCIL AGENDAS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
The City Attorney stated there was no reportable actions from closed session.
ADJOURNMENT
At 7:58 PM, the City Council meeting was formally adjourned to Tuesday, February 28, 2023, at 4:30
PM for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000
Main Street, Temecula, California.
Zak Schwank, Mayor
ATT
F7-
4Randi Johl, City Clerk
[SEAL]
77
L
Adjourned in Memory of
Richard "Dick" Fox