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Home My WebLink About012412 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JANUARY 24, 2012 - 7:00 PM 6:15 P.M. - The City Council/Temecula Redevelopment Agency will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) Conference with real. property negotiators pursuant to Government Code Section 54956.8 regarding one parcel of real property owned by the Redevelopment Agency of the City of Temecula consisting of approximately 30.2 acres (APN 909- ,� 370-002) located northwesterly of Diaz Road and Dendy Parkway. The parties to � the negotiations for an amendment to the terms of sale of this property are: Agua Caliente Inc., the Redevelopment Agency of the City of Temecula, and the City of Temecula. Negotiators for the Temecula Redevelopment Agency and City of Temecula are: Bob Johnson, Patrick Richardson, and Luke Watson. Under negotiation are the price and terms of the sale of the property to Agua Caliente � Inc. Public Information concerning existing litigation between the City and various parties ma be acquired b reviewin the public documents held b the Cif Clerk. . At 6:15 P.M., Mayor Washington called the Closed Session meeting to order. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Chuck Washington Prelude Music: Selections from "The Wiz" - Chaparral Cast Members - Director Chris Irvin � Invocation: Pastor Luke Kirkendall of Southwest Christian Church Flag Salute: Council Member Edwards ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTATIONS/PROCLAMATIONS Art Donation by Artist Jamie Tobev Slow Foods Day Proclamation CC Action Minutes \012412 1 1 1 1 PUBLIC COMMENTS The following individuals addressed the City Council: • Charles Rear • Lorena Spencer • Judy Zilfagar CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (5 -0 -0) Council Member Roberts made the motion; it was seconded by Council Member Comerchero; 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 Roberts made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of January 10, 2012; 2.2 Approve the Special Meeting action minutes of January 10, 2012. 3 List of Demands — Approved Staff Recommendation (5 -0 -0) Council Member Roberts made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 12 -07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A CC Action Minutes \012412 2 1 1 1 4 Acceptance of Improvements and Notices of Completion for Winchester Road /Highway 79 North Corridor Beautification, Proiect No. PW06 -15 — Approved Staff Recommendation (5 -0 -0) Council Member Roberts made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Accept the improvements of the Winchester Road /Highway 79 North Corridor Beautification Project, Project No. PW 06 -15, as complete; 4.2 Direct the City Clerk to file and record the Notices of Completion. 5 First Amendment to Agreement for Consultant Services — Wilidan Engineering — Approved Staff Recommendation (5 -0 -0) Council Member Roberts made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Approve the First Amendment to Agreement for Consultant Services between the City and Wilidan Engineering. 6 Acceptance of certain public streets within Parcel Map No. 28473 into the city - maintained system (Via Industria between Roick Drive and Rio Nedo) — Approved Staff Recommendation (4 -0 -1) Council Member Roberts made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval, with Council Member Washington abstaining. RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 12 -08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY- MAINTAINED SYSTEM (WITHIN PARCEL NO. 28473) 7 Agreement for Consultant Services with Bonterra Consulting for the Pechanga Parkway Environmental Mitigation Proiect, Project No. PW11 -01 — Approved Staff Recommendation (5 -0 -0) Council Member Roberts made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Approve the Agreement for Consultant Services with Bonterra Consulting in an amount not to exceed $35,455 for services necessary to obtain required environmental permits and provide a Habitat Mitigation and Monitoring plan for the Pechanga Parkway Environmental Mitigation Project, Project No. PW11 -01. CC Action Minutes \012412 3 1 1 1 8 Construction Contract for the Community Recreation Center (CRC) Roof Replacement, Project No. PW11 -06 — Approved Staff Recommendation (5 -0 -0) Council Member Roberts made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Award the construction Contract for the Community Recreation Center (CRC) Roof Replacement, Project No. PW11 -06 to M.K. Prestige Builders, Inc. for the base bid of $215,500 and accept the unit pricing for items 2, 3, and 4; 8.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $21,550 which is equal to 10 %u of the total contract amount; 8.3 Make a finding that the Community Recreation Center (CRC) Roof Replacement Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 9 City Council Resolution confirming it has not forgiven Redevelopment Agency obligations to it during the period of January 1, 2010 to December 31, 2011 — Approved Staff Recommendation (5 -0 -0) Council Member Roberts made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 12 -09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING IT HAS NOT FORGIVEN LOANS, ADVANCES, OR OTHER INDEBTEDNESS DURING THE PERIOD OF TIME FROM JANUARY 1, 2010 TO DECEMBER 31, 2011 PURSUANT TO HEALTH AND SAFETY CODE SECTION 33354.8 (ASSEMBLY BILL 936) 10 Acceptance of the Grant Deeds for the transfer of all Agency -owned properties from the Redevelopment Agency to the City of Temecula — Approved Staff Recommendation (5 -0 -0) Council Member Roberts made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Accept the Grant Deeds for the transfer of all Agency -owned properties from the Redevelopment Agency to the City of Temecula, and adopt a resolution entitled: CC Action Minutes \012412 4 1 1 RESOLUTION NO. 12 -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE REAL PROPERTY OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA PURSUANT TO PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE, INCLUDING HEALTH AND SAFETY CODE SECTION 34175, AND TAKING CERTAIN ACTIONS IN CONNECTION HEREWITH 11 City Council action to retain the housing functions previously performed by the Redevelopment Agency of the City of Temecula upon the dissolution of the Redevelopment Agency under the 2011 Redevelopment Agency Termination Legislation, ABX1 26 — Approved Staff Recommendation (5 -0 -0) Council Member Roberts made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 12 -11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING AN ELECTION TO RETAIN THE HOUSING FUNCTIONS PREVIOUSLY PERFORMED BY THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA PURSUANT TO HEALTH AND SAFETY CODE SECTION 34176 UNDER PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH 12 2012 Workers' Compensation Coverage Annual Renewal — Approved Staff Recommendation (5 -0 -0) Council Member Roberts made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 12.1 Approve the contract with the City's current workers' compensation provider, Travelers Insurance Company, as the City's Employee Workers' Compensation Insurance Carrier for 2012 for an estimated premium cost of $323,656. 13 Second reading of Ordinance No. 12 -01 — Approved Staff Recommendation (4 -0 -1) Council Member Roberts made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with Council Member Naggar abstaining. RECOMMENDATION: 13.1 Adopt an ordinance entitled: CC Action Minutes \012412 5 Standing Committees Current Member(s) City Sustainability Program Committee Roberts, Washington Economic Development Committee Washington, Roberts RDA/Old Town Steering Committee Naggar, Roberts Finance Committee Naggar, Washington Infrastructure Beautification Committee Edwards, Naqqar Commission Liaison (One Member) Current Member Community Services Commission Comerchero Old Town Local Review Board Washington Planning Commission Naqqar Public /Traffic Safety Commission Edwards 1 1 RECESS ORDINANCE NO. 12 -01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10 -0147, CHANGING THE ZONE OF THE PROPERTY LOCATED ON 45 ACRES LOCATED EAST OF WALCOTT LANE AND WEST OF BUTTERFIELD STAGE ROAD IN THE CITY OF TEMECULA (APNS 957 -170 -032 THROUGH -036) FROM "VERY LOW DENSITY (VL)" TO "PDO -12 (WALCOTT ESTATES PLANNED DEVELOPMENT OVERLAY DISTRICT)" AND ADDING SECTIONS 17.22.230 THROUGH 17.242, "WALCOTT ESTATES PLANNED DEVELOPMENT OVERLAY DISTRICT (PDO -12)," TO THE TEMECULA MUNICIPAL CODE At 7:32 P.M., the City Council convened as the Temecula Community Services District, and the Redevelopment Agency. At 7:50 P.M., the City Council resumed with regular business. CITY COUNCIL BUSINESS 20 Selection of 2012 City Council Committee Assignments RECOMMENDATION: 20.1 Appoint a member of the City Council to serve as liaison to each of the City Commissions and Committees: Approved Staff Recommendation as listed. (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. 20.2 Appoint two members of the City Council to serve on each of the following Standing Committees: Approved Staff Recommendation as listed. (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. CC Action Minutes \012412 6 Representative Assignments (External Organizations) Current Member(s) Murrieta/Temecula Committee Naqqar, Washington Animal Shelter Liaison /JPA Representative Edwards League of California Congress — 2012 Voting Delegate (Suggest Mayor and Mayor Pro Tem) Washington, Naggar Military Liaison Representative Comerchero National League of Cities Annual Congress — 2012 Voting Delegate Roberts, (Alternate Comerchero) Pechanga Tribal Council Liaison Roberts, (Alternate Naggar) Rancho California Water District Liaison Comerchero, Roberts Riverside County Child Safety Commission /School District Liaison Edwards Temecula Sister City Liaison Roberts Joint City Council/TVUSD Committee Edwards, Washington Murrieta/Temecula Committee Naqqar, Washington Public Works/Fasilities Committee Edwards, Roberts 0 • - •- - ! ! • Roberts, Washington .. _ _ _ _ . C mitt, vommmcc Renamed to Quality of Life Master Plan and move to Ad Hoc Subcommittee section) Southwest Cities Coalition Committee Edwards, Comerchero 1 1 1 20.3 Appoint member(s) of the City Council to serve on each of the following Representative Assignments (External Organizations): Approved Staff Recommendation for those committees who do not receive a stipend as follows. (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. Conflict of Interest/Abstention: City Attorney Thorson advised that under FPPC decisions, members serving on regional boards that receive a stipend, may not participate in the motion or the vote. The decision is under review by FPPC, since it appears to contradict some statuatory laws. City Attorney Thorson further explained the City is in an awkward position, since members will not know if they will be nominated until after the motion. For this reason, City Attorney Thorson advised that not participating in the vote will comply with FPPC rules and regulations. The Riverside Conservation Agency, Riverside County Habitat Conservation Board, Riverside County Transportation Commission, Riverside Transit Agency, and Western Riverside Council of Governments pay stipends to the representatives of the City. Therefore, the Council Members appointed as representatives did not participate in the discussion of the vote taken to appoint the member to these positions. (See individual votes.) Mayor Washington stated last year he served as the alternate under RCA Representative Committee, however because he did not meet certain criteria for CC Action Minutes \012412 7 RCA Representative — Council Member Comerchero made the motion; it was seconded by Council Member Naggar. (3 -0 -2, Council Members Edwards and Washington abstained) Edwards, (Alternate Washington) Riverside County Habitat Conservation Agency Board — Council Member Comerchero made the motion; it was seconded by Council Member Naggar. (3 -0 -2, Council Members Edwards and Washington abstained) Edwards, (Alternate Washington) Riverside County Transportation Commission Council Member Washington made the motion; it was seconded by Council Member Edwards. (3 -0 -2, Council Members Roberts and Comerchero abstained) Roberts, (Alternate Comerchero) Riverside Transit Agency Representative Council Member Washington made the motion; it was seconded by Council Member Naggar. (3 -0 -2, Council Members Comerchero and Edwards abstained) Comerchero, (Alternate Edwards) WRCOG Executive and /Zone Committee Council Member Naggar made the motion; it was seconded by Council Member Comerchero. (3 -0 -2, Council Members Roberts and Washington abstained) Washington, (Alternate Roberts) . 6 - i • - e Washington, Robcrts) . _ _ .. Committee (Altcrnatc as * *Notc WRCOC Lists the Zone Washington, Edwards) Committee (Alternate as Ad Hoc Subcommittees — (Can be one or two members) Current Member(s) Civic Center Concert Ad Hoc Subcommittee (Newly appointed at 1/10/12 meeting) Comerchero, Washington Community Service Funding Ad Hoc Naggar, Washington 1 1 1 CC Action Minutes \012412 payment, he declined to receive a stipend, and asked if he should abstain. City Attorney Thorson advised Mayor Washington to abstain, since he chose not to receive payment, although he could at some future point become illegible for payment. (see individual votes listed below) The following committees were considered separately since stipends may be received which necessitate abstentions on the part of committee members. 20.4 Appoint member(s) of the City Council to serve on each of the following Ad Hoc Subcommittees: Approve staff recommendation for all committees where no change was recommended. Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and election vote reflected approval. (5 -0 -0) 8 Subcommittee Current Member(s) Diaz Property Ad Hoc Subcommittee Naggar, Washington Firestone Property Ad Hoc Subcommittee Comerchero, Naggar French Valley Parkway Interchange Ad Hoc Subcommittee Comerchero, Roberts Higher Education Ad Hoc Subcommittee Naggar, Washington Jefferson Corridor Ad Hoc Subcommittee Roberts, Comerchero Luxury Car Dealership Ad Hoc Subcommittee Washington, Roberts Nicolas Valley Ad Hoc Subcommittee Roberts, Washington Old Town Civic Center Ad Hoc Subcommittee Comerchero, Roberts Old Town Gym Ad Hoc Subcommittee Comerchero, Washington Promenade Mall Ad Hoc Subcommittee Comerchero, Washington Roripaugh Ranch Ad Hoc Subcommittee Comerchero, Roberts Santa Margarita Annexation Ad Hoc Subcommittee Edwards, Comerchero South Temecula Land and Transportation Ad Hoc Subcommittee Roberts, Washington Temecula Healthcare Ad Hoc Subcommittee Comerchero, Naggar Transit/Transportation Ad Hoc Subcommittee Roberts, Comerchero Wall of Honor Ad Hoc Subcommittee Comerchero, Edwards Youth Master Plan Implementation Ad Hoc Subcommittee Naggar, Washington Ad Hoc Subcommittees — Current Member(s) Arts and Cultural Affairs Ad Hoc Subcommittee Proposed New Comerchero, Edwards eGovernment and Temecula Outreach Ad Hoc Subcommittee (note name change approved) Comerchero, Edwards Parks and Recreation Ad Hoc Subcommittee Proposed New Comerchero, Washington Public Facilities Ad Hoc Subcommittee Proposed New Edwards, Roberts Quality of Life Master Plan Ad Hoc Subcommittee Proposed New Roberts, Washington Ronald Reagan Sports Park Ad Hoc Subcommittee (Subcommittee Retained) Edwards, Naggar Small Business Incubator Ad Hoc Subcommittee Proposed New Comerchero, Washington 1 1 1 CC Action Minutes \012412 The subcommittees listed below have suggested revisions or are new subcommittees and were taken as a separate vote — Approved Staff Recommendation with changes. (5 -0 -0, with Council Member Edwards abstaining on Supporting Housing Liaison.) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and voice vote reflected approval. 9 Summerhouse Development Ad Hoc Subcommittee Title change approved Roberts, Washington Supportive Housing /Services Liaison (move to proper section) Washington Teen Village Ad Hoc Subcommittee Title change approved Comerchero, Washington Trails Ad Hoc Subcommittee Proposed New Naggar, Washington 1 1 1 21 Public/Traffic Safety Commission Appointment — Appointed David Coram to serve the un- expired term through October 10, 2013. (5 -0 -0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 21.1 Appoint an applicant to serve an un- expired term on the Public /Traffic Safety Commission through October 10, 2013. 22 Update on progress of the Summerhouse Development - Received and filed report. RECOMMENDATION: 22.1 Receive and file. DEPARTMENTAL REPORTS 23 Planning Department Monthly Report 24 Public Works Department Monthly Report 25 City Council Travel /Conference Report - December 2011 26 Police Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson reported that there were no reportable actions under Closed Session. CC Action Minutes \012412 10 1 1 1 ADJOURNMENT The meeting was adjourned at 8:31 PM in honor of Marine Corporal Christopher Singer. Next adjourned regular meeting: Tuesday, January 31, 2012, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Next regular meeting: Tuesday, February 14, 2012, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. ATTEST: CC Action Minutes \012412 11 J8 CHu.k Washington, Mayor