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Home My WebLink About022310 CC Action Minutes ' ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE FEBRUARY 23, 2010 — 7:00 PM 6:00 P.M. - Closed Session of the City Council/Temecula Redevelopment Agency pursuant to Government Code Section: 1) Conference with City Attorney pursuant to Government Code Section 54956.9(b) with respect to one matter of potential litigation. With respect to such matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and City related entities based on existing facts and circumstances. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the eublic documents held by the Ci Clerk. At 6:00 P.M., Mayor Comerchero called the Closed Session meeting to order. ' The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Breanne Barnson Invocation: Rabbi Barry Ulrych of Congregation B'Nai Chaim of Murrieta Flag Salute: Council Member Roberts ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero PRESENTATIONS /PROCLAMATIONS Certificate of Appreciation to Dr. Combs Certificate of Appreciation to Dr. Arthur C. Kalfus Presentation to exchange students traveling to our Sister City Leidschendam - Voorburg 1 PUBLIC COMMENTS ' The following individuals addressed the City Council: • Tom Wiggins — Temecula Therapeutic Cannabis — Qualified Patients Resource Center • Douglas Lanphere — Temecula Therapeutic Cannabis — Qualified Patients Resource Center • Martin Victor — Temecula Medical Marijuana Ban • LaVonne Victor — Temecula Medical Marijuana Ban • Chuck Rear — Temecula Trash Segregation • Donald Lambert — Murrieta Medical Marijuana Reports CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: ' 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes - Approved Staff Recommendation (5 -0-0) — Council Member Edwards made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of February 9, 2010. 3 List of Demands - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 10 -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 2 4 Approval of 2009 -10 Mid -Year Budget Adjustments - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 10 -13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE FISCAL YEAR 2009 -2010 ANNUAL OPERATING BUDGET 5 Property Insurance Renewal - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Approve the City of Temecula Property Insurance Policy renewal with Travelers Insurance Company and Empire Indemnity Insurance Company for the period of February 26, 2010 through February 26, 2011, in the amount of $275,310. ' 6 2010 Workers' Compensation Coverage Annual Renewal - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Approve the contract with the City's current workers' compensation provider, Travelers Insurance Company, as the City's Employee Workers' Compensation Insurance Carrier for 2010 for an estimated premium cost of $311,131. 7 Approve the Sponsorship Requests for the 2010 Temecula Spring Rod Run and the 2010 Temecula Valley Balloon & Wine Festival - Approved Staff Recommendation (5- 0-0) — Council Member Edwards made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Approve the Event Sponsorship Agreement in the amount of up to $39,100 in city support costs for the 2010 Temecula Spring Rod Run and authorize the Mayor to execute the agreement; 3 7.2 Approve the Event Sponsorship Agreement in the amount of $26,775 for the 2010 Temecula Valley Balloon & Wine Festival and authorize the Mayor to execute the Agreement. In addition, the Festival requests that the City will provide temporary logistical support of the traffic control signs and devices to assist the public safety during the Festival estimated at $3,200. 8 Authorize Temporary Street Closures for the 2010 Temecula Spring Rod Run Event (Old Town Front Street. between Moreno Road and Second Street, and other related streets) scheduled for March 12 and 13. 2010 - Approved Staff Recommendation (5- 0-0) — Council Member Edwards made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Receive and file the following proposed action by the City Manager: Temporarily close Old Town Front Street and other related streets for the "2010 TEMECULA SPRING ROD RUN EVENT' 9 Amendment No. 2 to the Professional Services Agreement with RBF Consulting for Additional Engineering and Landscape Architecture Design Services Associated with the Winchester Road /Highway 79 North Corridor Beautification — Project No. PW06 -15 - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. ' RECOMMENDATION: 9.1 Approve the Second Amendment to the agreement with RBF Consulting in an amount not to exceed $4,200 to provide additional engineering and landscape architecture design services for Winchester Road /Highway 79 North Corridor Beautification — Project No. PW06 -15. 10 Resolution to Adopt Mitigated Negative Declaration and Approve the Project French Valley Parkway / Interstate -15 Over - Crossing and Interchange Improvements Project - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 10 -14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE FRENCH VALLEY PARKWAY / INTERSTATE -15 OVER - CROSSING AND INTERCHANGE IMPROVEMENTS PROJECT (PW02 -11 AND PW07 -04) AND APPROVING THE PROJECT 4 11 Approval of the Drawings and Specifications and Authorization to Solicit Bids from Pre- ' Qualified Vendors for the Audiovisual Integration of the Old Town Civic Center — Proiect No. IS -02 - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 11.1 Approve the drawings and specifications and authorize the Department of Information Systems to solicit bids from Pre - qualified Vendors for audiovisual (AV) integration for Phase 2 of the Old Town Civic Center Project. 12 Massage Appeal Hearing Fee Schedule - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 10 -15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPEAL FEE SCHEDULE FOR APPEALS RELATING ' TO MASSAGE ESTABLISHMENT PERMITS AND MASSAGE TECHNICIAN PERMITS 13 Autism Awareness Program (at the request of Council Member Mike Naggar) - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 13.1 Authorize staff to work with Council Member Naggar to create an Autism Awareness Program. 1 5 CONSENT CALENDAR ITEM CONSIDERED UNDER SEPARATE DISCUSSION 13 Autism Awareness Program (at the request of Council Member Mike Naqqar) - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 13.1 Authorize staff to work with Council Member Naggar to create an Autism Awareness Program. Council Member Naggar highlighted the goals and intent of the proposed Autism Awareness Program. Mary Mollway, representing New Vision Children's Services, commented on the proposed Autism Awareness Program. PUBLIC HEARING 21 Consideration of approval of Resolutions /Ordinances for Santa Margarita Area Annexation No. 2 - Approved Staff Recommendation 21.1. — 21.4 (5 -0 -0) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. ' RECOMMENDATION: 21.1 Adopt a resolution entitled: RESOLUTION NO. 10 -16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ADDENDUM TO A CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT AND ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH FOR THE SANTA MARGARITA AREA ANNEXATION NO. 2 OF APPROXIMATELY 4,510 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE -15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE COUNTY BOUNDARY (LR09 -0024) 6 21.2 Adopt a resolution entitled: ' RESOLUTION NO. 10 -17 A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS TO EXTEND THE CITY OF TEMECULA'S SPHERE OF INFLUENCE BY APPROXIMATELY 4,126 ACRES TO INCLUDE ALL TERRITORY OF THE SANTA MARGARITA AREA ANNEXATION NO. 2 COMPRISED OF APPROXIMATELY 4,510 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE PRE - EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE -15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE COUNTY BOUNDARY TO THE CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT PURSUANT TO THE CORTESE - KNOX - HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000, COMMENCING WITH SECTION 56000 OF THE CALIFORNIA GOVERNMENT CODE (LR09 -0024) 21.3 Adopt a resolution entitled: RESOLUTION NO. 10 -18 A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE LOCAL AGENCY FORMATION ' COMMISSION TO TAKE PROCEEDINGS FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AS THE SANTA MARGARITA AREA ANNEXATION NO. 2 COMPRISED OF APPROXIMATELY 4,510 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE PRE - EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE -15 AND NORTH OF THE SAN DIEGO /RIVERSIDE COUNTY BOUNDARY TO THE CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT PURSUANT TO THE CORTESE -KNOX- HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000, COMMENCING WITH SECTION 56000 OF THE CALIFORNIA GOVERNMENT CODE (LR09 -0024) 21.4 Adopt a resolution entitled: RESOLUTION NO. 10 -19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE MAP TO INCORPORATE HILLSIDE RESIDENTIAL (HR) AND OPEN SPACE (OS) AS THE GENERAL PLAN LAND USE DESIGNATIONS WITHIN THE SANTA MARGARITA AREA ANNEXATION NO. 2 OF APPROXIMATELY 4,510 ACRES, LOCATED TO THE SOUTH AND EAST OF THE EXISTING CITY BOUNDARY (LR09 -0024) 1 7 21.5 Introduce and read by title only an ordinance entitled: -Approved Staff Recommendation (5 -0 -0) — Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. ORDINANCE NO. 10 -04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA FOR THE SANTA MARGARITA AREA ANNEXATION NO. 2 PRE- ZONING APPROXIMATELY 4,510 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE PRE - EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE -15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE COUNTY BOUNDARY WITH ZONING DESIGNATIONS HILLSIDE RESIDENTIAL -SANTA MARGARITA (HR -SM) AND CONSERVATION DISTRICT -SANTA MARGARITA (OS -C -SM) (LR09 -0024) City Attorney Thorson introduced and read by title only Ordinance No. 10 -04. 21.6 Introduce and read by title only an ordinance entitled: - Approved Staff Recommendation (5 -0 -0) — Council Member Edwards made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. ORDINANCE NO. 10 -05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE BY ADOPTING ZONING DESIGNATIONS HILLSIDE RESIDENTIAL -SANTA MARGARITA (HR -SM) AND OPEN SPACE CONSERVATION DISTRICT - SANTA MARGARITA (OS -C -SM) AND ADOPTING HILLSIDE DEVELOPMENT STANDARDS FOR A PRE - ZONING OF THE SANTA MARGARITA AREA ANNEXATION NO. 2 OF APPROXIMATELY 4,510 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE PRE - EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE -15 AND NORTH OF THE SAN DIEGO AND RIVERSIDE COUNTY BOUNDARY (1-1109 -0024) City Attorney Thorson introduced and read by title only Ordinance No. 10 -05. By way of a PowerPoint presentation, Junior Planner Lowrey presented the staff report as per agenda material. The public hearing was opened and the following individuals addressed the City Council: • Kim Wilder -Lee —Temecula • Matt Rahn — San Diego — San Diego State University • Fred Bartz — Temecula • Cliff Hewlett —Temecula There being no additional comments, the public hearing was closed 8 CITY COUNCIL BUSINESS ' 22 Implementation of existing 2008 Memorandum of Understanding (MOU) Contract Provision — PERS Contract Amendment/Early Retirement Option RECOMMENDATION: 22.1 Adopt a resolution entitled: - Approved Staff Recommendation (5 -0 -0) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RESOLUTION NO. 10 -20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND THE BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 22.2 Introduce and read by title only an ordinance entitled: - Approved Staff Recommendation (5 -0 -0) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. ORDINANCE NO. 10 -06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND THE BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM City Attorney Thorson introduced and read by title only Ordinance No. 10 -06 22.3 Certify PERS Form CON -12, Certification of Governing Body's Action; - Approved Staff Recommendation 22.3 — 22.5 (5 -0 -0) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. 22.4 Certify PERS Form CON -12AA, Certification of Compliance with Government Code Section 7507; 22.5 Approve a second early retirement option for City employees for 180 days from July 1, 2010 to December 27, 2010. 9 23 Authorization for prepayment of the Civic Center Certificates of Participation (COP) 1 Bonds - Approved Staff Recommendation (5 -0 -0) — Council Member Nagger made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 23.1 Authorize the City Manager to initiate the prepayment of up to $12 million of the Certificates of Participation Bonds. DEPARTMENTAL REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT With respect to the Closed Session item, City Attorney Thorson advised that there was no action to report. ADJOURNMENT At 8:12 P.M., the City Council meeting was formally adjourned to Tuesday, March 9, 2010, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Mayor ATTEST: Susan W. Jon s, MMC City Cle [SEAL] 10