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Home My WebLink About012511 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JANUARY 25, 2011 — 7:00 PM 6:30 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(a) with respect to one matter of pending litigation to which the City is a plaintiff. The title of the litigation is City of Temecula, et. al. v. Tovey/Shultz Construction, Inc., et. al., Riverside County Superior Court Case No. RIC 541908 (Old Town Community Theater construction litigationj. 2) Conference with City Attorney pursuant to Government Code Section 54956.9(a) with respect to one matter of pending litigation to which the City is a defendant. The title of the litigation is A/issa Gross etc, v. Landscape Structures, Inc., City of Temecula, e#. a/., Riverside County Superior Court Case .No. RIC 538128. Public Information concerning existing litigation between the City and various parties ma be acquired b reviewin the public documents held by the Ci 'Clerk. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Ron Roberts Prelude Music: Joshua Jurkosky and Ron Savitt Invocation: Pastor John Ruhlman of Life Church Flag Salute: Council Member Edwards ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PRESENTATIONS/PROCLAMATIONS PUBLIC COMMENTS CITY COUNCIL REPORTS Action Minutes\012511 1 CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (4-0-1) — Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Washington who was absent 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 (4-0-1) — Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Washington who was absent RECOMMENDATION: 2.1 Approve the action minutes of January 11, 2011. 3 List of Demands - Approved Staff Recommendation (4-0-1) — Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Washington who was absent RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 11-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A CONSIDERED UNDER SEPARATE DISCUSSION 4 Ap�roval of the fiscal vear 2011-12 Temecula Vallev Tourism Business Imqrovement District (TVTBID) Advisorv Board's Annual Report and Levy of an Assessment aqainst Lodqing Businesses within the TVTBID for fiscal vear 2011-12 - Approved Staff Recommendation (4-0-1) — Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Washington who was absent RECOMMENDATION: 4.1 Adopt a resolution entitled: Action Minutes\012511 2 RESOLUTION NO. 11-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE REPORT OF THE ADVISORY BOARD FOR FISCAL YEAR 2011-12 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (NTBID) 4.2 Adopt a resolution entitled: RESOLUTION NO. 11- 11 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO LEVY AN ASSESSMENT AGAINST LODGING BUSINESSES WITHIN THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2011- 12 AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF John Kellher, Temecula, addressed the City Council with regard to this item. 5 Roripauqh Ranch — Approval of Sixth Operatinq Memorandum - Approved Staff Recommendation (4-0-1) — Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Washington who was absent RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 11-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SIXTH OPERATING MEMORANDUM FOR THE DEVELOPMENT AGREEMENT BETWEEN ASHBY USA LLC AND THE CITY OF TEMECULA FOR SUNWOOD RORIPAUGH RANCH LLC, BHT- RORIPAUGH W699 LLC, AND WINGSWEEP CORPORATION, OWNERS OF LOT 7 OF FINAL TRACT MAP 29353-1, TRACT 29661-2, AND LOT 1 OF FINAL TRACT MAP 29353-1, RESPECTIVELY, WITHIN THE RORIPAUGH RANCH PROJECT Action Minutes\012511 3 6 Second Amendment to the Aqreement with Proactive Fire Desiqn & Consulting, Inc. - Approved Staff Recommendation (4-0-1) — Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Washington who was absent � RECOMMENDATION: 6.1 Approve the Second Amendment with ProActive Fire Design & Consulting, Inc. for an additional amount of $29,000 to increase the existing contract amount to $59,000. 7 5-Year Agreement for Animal Control and Sheltering Services between the Citv of Temecula and Animal Friends of the Vallevs (aka L.E.A.F.Z- Approved Staff Recommendation (4-0-1) — Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Washington who was absent RECOMMENDATION: 7.1 Approve the five year Agreement for Animal Control and Sheltering Services between the City of Temecula and Animal Friends of the Valleys at a cost of $247,500 annually; 7.2 Authorize the City Manager to approve additional service not to exceed $30,000 annually. 8 Second Readinq of Ordinance No. 11-01 - Approved Staff Recommendation (4-0-1) — Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Washington who was absent RECOMMENDATION: 8.1 Adopt an ordinance entitled: ORDINANCE NO. 11-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO THE RORIPAUGH ESTATES SPECIFIC PLAN TO ALLOW AUTOMOBILE SERVICE STATIONS WITH OR WITHOUT A CAR WASH IN PLANNING AREA 10 UTILIZING THE DEVELOPMENT STANDARDS OF THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT At 7:54 P.M., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:59 P.M., the City Council resumed with regular business. Action Minutes\012511 4 PUBLIC HEARING 14 An Appeal of the Planninq Commission's approval of Planninq Application Nos. PA08- 0241 and PA08-0242, Islamic Center of Temecula Vallev, a two-Phase Development Plan and Conditional Use Permit for a two-story, 24,943 square foot structure on 4.32 acres within a VL zone at the southwest corner of Nicolas Road and Calle Colibri - Approved Staff Recommendation (4-0-1) — as amended — monitoring traffic and parking every five years and no amplification permitted; Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with the exception of Council Member Washington who was absent RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 11-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF THE PLANNING COMMISSION'S DECISION AND APPROVING PLANNING APPLICATION NOS. PA08-0241 AND PA08- 0242, A TWO-PHASE DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR A TWO-STORY, 24,943 SQUARE FOOT RELIGIOUS FACILITY ON 4.32 ACRES WITHIN A VERY LOW (VL) RESIDENTIAL ZONE LOCATED . AT THE SOUTHWEST CORNER OF NICOLAS ROAD AND CALLE COLIBRI (APN 957-140-012) The following individuals addressed the City Council with regard to this item: • Don Krampe Murrieta • Margaret Jones Temecula • Suhail Fares USA • Katema Abu Fares USA • Rabbi Barry Ulrych Murrieta • Chapalin Balbale Murrieta • Shakeel Syed Anaheim • Paul Jacobs Temecula � Maya Barron • Suzanne Marks � Los Angeles • Yosef Khen West Hillls • Raymond Johnson Temecula • Farouk Abdullah Temecula • Terrell Berry • Daphne Swedman Murrieta . • Samir Bazlamit Temecula • Braden Harter Temecula � Gayle Byrne Menifee • Suzanne Rombach Temecula • Nejia Ahmed Murrieta Action Minutes\012511 5 • Basemeh Riltan Murrieta • Pastor William Rench Temecula • Ali Zamani Temecula • Lana Tomlins Murrieta � Jacquelilne LeBeau Murrieta/Temecula • Larry Slusser Temecula • Rebecca Atbhizawi Menifee • Reverend Joe Zarro , Temecula • John Church Murrieta • Christine Welsh Murrieta • James Horn Menifee • Rabbi Shifren Los Angeles • Diana Serafin Murrieta • Gabe Murrieta • Karen Fauine Murrieta • Nam-Yong Horn Menifee� • Mano Bakh Wildomar • Moumer Shurrah Temecula � Charles Douglas • Mohammed Suleiman Temecula • Abe Tukhi Lake Elsinore • Mahid Elsharkawy Menifee • Nadeem Rihan Murrieta • Abdul Q. Kundi Murrieta • Deema Akari Murrieta • Farah Winchester • Monica Brett-Sorle • Sara Wardak Murrieta • Patrice Lynes Temecula • Mohammad Khaled Menifee • Amy Pina Temecula • Heather Fritzsche Temecula • Bashir Alghizawi • Michael M. Gerardi Menifee • Lane McKeener Murrieta • Alma McClung French Valley • Lorina Bennett • Brigitte Green Temecula • Richard Overton Temecula • Julie Gilbart Murrieta • Hussam Ayloush Corona • Sana Amini Murrieta • Samira Purmal Temecula • Donna Maxey • Ajmal Shaker Murrieta • Mahmoud Harmoush Murrieta • Nafissa Larson • Melanie Oberg Action Minutes\012511 6 • Leilani Allmon Murrieta CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that with respect to Closed Session Item No. 1, no action was taken. With regard to Item No. 2, Mr. Thorson noted that the City Council approved a settlement with the plaintiff in the amount of $25,000 subject to court approval. ADJOURNMENT At 3:30 A.M. on Wednesday, January 26, 2011, the City Council meeting was formally adjourned to Tuesday, February 8, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. on oberts, Mayor ATTEST: , Susan . Jo es, MM City CI k S Action Minutes\012511 7