Loading...
HomeMy WebLinkAbout012213 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JANUARY 22, 2013 - 7:00 PM 6:00 P:M. - The City Council convened in Closed Session in the Canyons Conference Room on the third floor of the Temecula City HaIF concerning the following matters: 1) The City Council will meet in closed session with the City Attorney pursuant to, Government Code Section 54956.9 (b) and (c) with respect to a matter of potential litigation and will : discuss. whether to initiate litigation and intervene in the bankruptcy action involving the YMCA of Riverside City and County, Bankrupfcy Petition No. 6:12-bk-38087-MH, Central District of California (Riverside). A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. . 2) The City Council will meet in closed session with City Attorney pursuant to Government Code Section 54956.9(a) with respect to the following matter of pending litigation concerning the Certified EIR for the Liberty Quarry project to which the City is the Plaintiff/Petitioner: "City of Temecula v. County of Riverside, et. aL, Granite Construction Co. et. al., real party in interesY' Riverside County Superior Court No. RIC 1211312. � 3) " The City Council will meet in closed session with City Attorney pursuant to Government Code Section 54956.9(a) with respect to the following matter of. pending litigation concerning the Riverside County Fast Track Policy to which the City is the Plaintiff/Petitioner: "City of Temecula v.. County of Riverside, et. al.," Riverside County Superior'Court No. RIC 1215119. - 4) Conference with real property negotiators pursuant to Government Code Section - 54956.8 regarding real property negotiations for the sale of por[ions of the following real .properties needed for the Riverside County Flood Control and Wafer Conservation Distcict and the United States Army Corps of Engineers' Murrieta Creek Environmental Restoration and Recreation Project: A. A portion of the real property owned by the City of Temecula. The subject real property is improved with the Old Town Temecula Community Theater and is identified as Riverside County Assessor's . Parcel Number 922-036-037. The property has a frontage on Murrieta Creek. The negotiating parties are the `City of Temecula and the Riverside County Flood Control and.Water Conservation District.. : B. A portion of the real property owned by the City of Temecula. The subject real property is improved with the Pennypickle's Workshop, ' Temecula Children Museum, and is identified as Riverside County: Assessor's Parcel Number 922-036-042. The property has a frontage Action Minutes 012213 1 on Murrieta Creek. The negotiating parties are the City of Temecula and the Riverside County Flood Controf and Water Conservation District. C. A portion of the real property owned by the Successor Agency to the Temecula Redevelopment Agency (SARDA). The subject real property is a vacant parcel within the City of Temecula and is identified as Riverside County Assessor's Parcel Number 922-053-020. The property has a frontage on Murrieta Creek. The negotiating parties are the City �- - of Temecula and the Riverside County Flood Control and Water . Conservation District. D. A portion of the real property owned by the Successor Agency to the Temecula Redevelopment Agency (SARDA). The subject real property � is a vacant parcel within the City of Temecula and is identified as Riverside County Assessor's Parcel Number 922-053-021. The negotiating parties are the City of Temecula and the Riverside County f lood Control and Water Conservafiion District. . E. A portion of the real property owned by the City of Temecula. The subjecf real pcoperty is improved with the Temecula Stampede �_ parking,� south side, and is identified as Riverside County Assessor's °Parcel Number .922-073-024. The property has a frontage on Murrieta � Creek. The negotiating parties are the City of Temecula and the Riverside County Flood Controf and Water Conservafion Districf. F. A portion of the real property owned by the City of Temecula. The ' subject reaf property is improved rwith the Temecula Stampede parking, north side and is identified as Riverside County Assessor's Parcel Number 922-046-025. The property ha's a frontage on Murrieta � Creek. The negotiating parties are the City of Temecula and the Riverside County Flood Control and Water Conservation District. The City negotiators for �each of these parcels are Greg Butler and Amer Attar. Under negotiation are the price and terms of the sale for each of the parcels. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. At 6:00 P.M., Mayor Naggar 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 7:02 P.M. CALL TO ORDER: Mayor Mike Naggar Prelude Music: Chaparral High School Cast of Legally Blonde Invocation: Senior Pastor Sandy Bentz of Hope Lutheran Church Action Minutes 012213 2 Flag Salute: Mayor Pro Tem Edwards ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar PRESENTATIONS/PROCLAMATIONS Certificate of Appreciation to Susan Mivamoto PUBLIC COMMENTS The following individuals addressed the City Council: • Torgen Johnsen • Ace Hoffman � Kevin Higgins � David Rosenthal • Jane Laskin • Craig Puma • Ernie White • Pauline Nelson � Wayne Hall CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (4-0-1, Council Member Washington absent) The motion was made by Council Member Edwards; it was seconded by Council Member Comerchero; and electronic vote reflected approval, with Council Member Washington 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 Washington absent) The motion was made by Council Member Edwards; it was seconded by Council Member Comerchero; and electronic vote reflected approval, with Council Member Washington absent. RECOMMENDATION: 2.1 Approve the action minutes of January 8, 2013. 3 List of Demands — Approved Staff Recommendation (40-1, Council Member Washington absent) The motion was made by Councit Member Comerchero; it was seconded by Council Member Roberts; and electronic vote reflected approval, with Council Member Washington absent. Action Minutes 012213 3 The following individual addressed the City Council on this item: � Ernie White RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 13-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHfBIT A 4 U.S. House of Representatives District Office Lease Aqreement with Congressman Duncan Hunter at Temecula Civic Center — Approved Staff Recommendation (4-0-1, Council Member Washington absent) The motion was made by Council Member Edwards; it was seconded by Council Member Comerchero; and electronic vote reflected approval, with Council Member Washington absent. RECOMMENDATION: 4.1 Approve U.S. House of Representatives District Office Lease Agreement with Congressman Duncan Hunter at Temecula Civic Center; 4.2 Accelerate an appropriation of $15,000 in DIF Corporate Facility funds from Fiscal Year 2013-14 to Fiscal Year 2012-13. 5 2013 Workers' Compensation Coveraqe Annual Renewal — Approved Staff Recommendation (4-0-1, Council Member Washington absent) The motion was made by Council Member Edwards; it was seconded by Council Member Comerchero; and electronic vote reflected approval, with Council Member Washington absent. RECOMMENDATION: 5.1 Approve a contract with the City's current Workers' Compensation Insurance Carrier, Travelers Insurance Company, to continue as the City's Employee Workers' Compensation Insurance Carrier from February 1, 2013 to February 1, 2014, at an estimated premium cost of $346,780. 6 Fifth Amendment to "Cooperation Agreement between the Citv of Temecula and Friends of the Temecula Children's Museum for the Support of the Temecula Children's Museum and Operation of the Children's Museum Gift Shop" — Approved staff recommendation (3-0-1-1, Council Member Comerchero abstained and Council Member Washington absent) Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval � with Council Member Comerchero removing himself from the Chambers and abstaining, and Council Member Washington absent. Action Minutes 012213 4 Council Member Comerchero made an announcement prior to leaving the Chambers before the beginning of this item, that although his wife Pat Comerchero is no longer on the Board of Directors of the Temecula Children's Museum, he would stay consistent and abstain on this item. The following individual addressed the City Council on this item: • Ernie White RECOMMENDATION: 6.1 Approve the Fifth Amendment to "Cooperation Agreement between the City of Temecula and Friends of the Temecula Children's Museum for the Support of the Temecula Children's Museum and Operation of the Children's Museum Gift Shop." 7 Approval of the Fiscal Year 2013-14 Temecula Valley Tourism Business Improvement District (TVTBtD) Advisorv Board's Annual Report and Lew of ari Assessment aqainst Lodginq Businesses within the TVTBID for Fiscal Year 2013-14 — Approve Staff Recommendation (4-0-1, Council Member Washington absent) Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval, with Council Member Washington absent. The following individual addressed the City Council on this item: • Ernie White RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 13-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE REPORT OF THE ADVISORY BOARD FOR FISCAL YEAR 2013-14 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (NTBID) 7.2 Adopt a resolution entitled: RESOLUTION NO. 13-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO LEVY AN ASSESSMENT AGAINST LODGING BUSINESSES WITHIN THE TEMECULA VALLEY BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 201�3-14 AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF Action Minutes 012213 5 8 An additional expenditure of $6,557 to Western Riverside Council of Governments (WRCOG) for a contract total of $66,557 to perform additional tasks/work above and bevond the original scope of work (Lonq Ranqe Planninq Project No. LR10-0017) — Approved staff recommendation (4-0-1, Council Member Washington absent) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with Council Member Washington absent. RECOMMENDATION: 8.1 Approve an additional expenditure of $6,557 to Western Riverside Council of Governments (WRCOG) for a contract total of $66,557 to perform additional tasks/work above and beyond the original scope of work. 9 Summarv Vacation of Slope Easement adjacent to Murrieta Hot Sprinqs Road at Red Bridge Road in Tract Map No. 29353-1 — Approved staff recommendation (4-0-1, Council Member Washington absent) Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with Council Member Washington absent. RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 13-05 � A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUMMARILY VACATE A SLOPE EASEMENT ADJACENT TO MURRIETA HOT SPRINGS ROAD WITHIN TRACT MAP NO. 29353-1 PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 4, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAYS CODE 10 Apqroval of Plans and Specifications and Authorization to Solicit Construction Bids for the Citvwide Pavement Rehabilitation Proqram, PW10-15, Rancho Vista Road �Marqarita to Paseo Goleta) — Approved staff recommendation (4-0-1, Council Member Washington absent) Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with Council Member Washington absent. RECOMMENDATION: 10.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Pavement Rehabilitation Program, PW10-15, Rancho Vista Road (Margarita to Paseo Goleta); 10.2 Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Action Minutes 012213 6 11 Second reading of Ordinance No. 13-01 — Approved staff recommendation (4-0-1, Council Member Washington absent) Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with Council Member Washington absent. RECOMMENDATION: 11.1 Adopt an ordinance entitled: ORDINANCE NO. 13-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 18 (GRADING, EROSION AND SEDIMENT CONTROL) OF THE TEMECULA MUNICIPAL CODE IN ITS ENTIRETY TO ADD A NEW TITLE 18 ENTITLED "CONSTRUCTION, GRADING AND ENCROACHMENT" TO MAKE CONSISTENT WITH THE 2010 CALIFORNIA BUILDING CODE AND TO MAKE OTHER MINOR RE-ORGANIZATIONAL REVISIONS RECESS At 7:52 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:56 P.M., the City Council resumed with regular business. PUBLIC HEARING 13 A General Plan Amendment to change the land use desiqnation from Medium Density Residential to Hiqh Densitv Residential, a Zoning Text Amendment to revise the text for Planned Development Overlav-11 (PDO-11), a Development Plan to construct 120 a�artment units, and a Mitigated Negative Declaration for a 7.24 acre site, located at the northeast corner of Mira Loma Drive and Rancho Vista Road (Planninq Application Nos. PAl2-0034 and PAl2-0033) — Continued from Januarv 8, 2013 — Continued the public hearing to the meeting of February 26, 2013. (40-1, Council Member Washington absent) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with Council Member Washington absent. RECOMMENDATION: � 13.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 13- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO THE GENERAL PLAN TO CHANGE THE LAND USE PLAN MAP FROM MEDIUM DENSITY RESIDENTIAL (M) TO HIGH DENSITY RESIDENTIAL (H), AND A ZONING TEXT AMENDMENT TO REVISE THE TEXT FOR PLANNED DEVELOPMENT OVERLAY-11 (PDO-11) FOR 7.24 ACRES LOCATED AT THE NORTHEAST CORNER OF MIRA LOMA DRIVE AND RANCHO VISTA ROAD (PLANNING APPLICATION NO. PAl2-0034) (APN 944-060-006) Action Minutes 012213 7 13.2 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION FOR THE RANCHO VISTA VILLAGE APARTMENTS LOCATED AT THE NORTHEAST CORNER OF MIRA LOMA DRIVE AND RANCHO VISTA ROAD (PLANNING APPLICATION NO. PAl2-0033) (APN 944-060-006) 13.3 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR A GENERAL PLAN AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL (M) TO HIGH DENSITY RESIDENTIAL (H); A ZONING TEXT AMENDMENT TO REVISE THE TEXT FOR PLANNED DEVELOPMENT OVERLAY-11 (PDO-11); AND A DEVELOPMENT PLAN TO CONSTRUCT 120 APARTMENT UNITS ON 7.24 ACRES LOCATED AT THE NORTHEAST CORNER OF MIRA LOMA DRIVE AND RANCHO VISTA ROAD (APN 944-060-006) CITY COUNCIL BUSINESS 14 Selection of 2013 Citv Council Committee Assiqnments — Approved staff recommendation as amended (4-0-1, Council Member Washington absent) Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval. The following individual spoke on this item: • Ernie White RECOMMENDATION: - 14.1 Appoint a member of the City Council to serve as liaison to each of the City Commissions and Committees: Commission Liaison One Member Current Member Communit Services Commission Comerchero Old Town Local Review Board Washin ton Plannin Commission Na ar Public/Traffic Safet Commission Edwards 14.2 Appoint two members of the City Council to serve on each of the following Standing Committees: Action Minutes 012213 8 Standing Committees Two Members Current Members Cit Sustainabilit Pro ram Committee Roberts, Washin ton Economic Develo ment Committee Washin ton, Roberts Old Town Steerin Committee Na ar, Roberts Finance Committee Na ar, Washin ton Infrastructure Beautification Committee Edwards, Na ar Joint Cit Council/TVUSD Committee Edwards, Washin ton Murrieta/Temecula Committee Na ar, Washin ton Public Works Committee Edwards, Roberts Southwest Cities Coalition Committee Edwards, Comerchero Youth, Famil and Health Re ional Task Force Na ar, Edwards 14.3 Appoint member(s) of the City Council to serve on each of the following Representative Assignments (External Organizations — does not include a stipend): Re resentative Assi nments External Or aniiations Current Member s Animal Shelter Liaison/JPA Representative Edwards Lea ue of California Con ress — 2013 Votin Dele ate Na ar, Alternate Edwards Milita Liaison Re resentative Comerchero National League of Cities Annual Congress — 2013 Voting Naggar; (Alternate Edwards) Dele ate Pechan a Tribal Council Liaison Roberts, Alternate Na ar Rancho California Water District Liaison Comerchero, Roberts Riverside County Child Safety Commission/School District Edwards Liaison -Wask�ep Temecula Sister Cit Liaison Roberts 14.4 Appoint member(s) of the City Council to serve on each of the following � Representative Assignments (External Organizations — may include a stipend): Re resentative Assi nments External Or anizations Current Member s RCA Re resentative Edwards, Alternate Roberts Riverside Count Habitat Conservation A enc Board Edwards, Alternate Washin ton Riverside Count Trans ortation Commission Roberts, Alternate Comerchero Riverside Transit A enc Re resentative Comerchero, Alternate Edwards WRCOG Executive Committee and Zone Committee Washin ton, Alternate Roberts 14.5 Appoint members of the City Council to serve on each of the following Ad Hoc Subcommittees: Action,Minutes 012213 9 Ad Hoc Subcommittees Two members Current Members Arts and Cultural Affairs Ad Hoc Subcommittee Comerchero, Edwards Civic Center Concert Ad Hoc Subcommittee Comerchero, Washin ton . Communit Service Fundin Ad Hoc Subcommittee Na ar, Washin ton Diaz Property Ad Hoc Subcommittee Naggar, Washington eGovernment and Temecula Outreach Ad Hoc Subcommittee Comerchero, Edwards Firestone Property Ad Hoc Subcommittee Comerchero, Naggar French Valley Parkway Interchange Ad Hoc Subcommittee Comerchero, Roberts Higher Education Ad Hoc Subcommittee Naggar, Washington Inclusive Play Structure Ad Hoc Subcommittee Naggar, Comerchero Jefferson Corridor Ad Hoc Subcommittee Roberts, Comerchero Luxury Car Dealership Ad Hoc Subcommittee Washington, Roberts Nicolas Valley Ad Hoc Subcommittee Roberts, Washington , Old Town Gym Ad Hoc Subcommittee Comerchero, Washington Parks and Recreation Ad Hoc Subcommittee Comerchero, Washington Promenade Mall Ad Hoc Subcommittee Comerchero, Washington Public Facilities Ad Hoc Subcommittee Edwards, Roberts Quality of Life Master Plan Ad Hoc Subcommittee Roberts, Washington Ronald Reagan Sports Park Ad Hoc Subcommittee Edwards, Naggar Roripaugh Ranch Ad Hoc Subcommittee Comerchero, Roberts , Small Business Incubator Ad Hoc Subcommittee Comerchero, Washington South Temecula Land and Transportation Ad Hoc Roberts, Washington Subcommittee Summerhouse Development Ad Hoc Subcommittee Roberts, Washington Teen Village Ad Hoc Subcommittee Comerchero, Washington Temecula Healthcare Ad Hoc Subcommittee Comerchero, Naggar Trails Ad Hoc Subcommittee Naggar, Washington Transit/Transportation Ad Hoc Subcommittee Roberts, Comerchero Wall of Honor Ad Hoc Subcommittee Comerchero, Edwards Youth Master Plan Implementation Ad Hoc Subcommittee Naggar, Washington 14.6 Consider appointing members of the City Council to serve on each of the following Ad Hoc Subcommittees proposed as new subcommittees: Ad Hoc Subcommittees Two members Current Members Annexation/O en S ace Ad Hoc Subcommittee Edwards. Comerchero Human Services Ad Hoc Subcommittee Na ar, Edwards Murrieta Creek Pro'ect Ad Hoc Subcommittee Na ar, Washin ton Su ortive Housin Ad Hoc Subcommittee Washin ton, Na ar Action Minutes 012213 10 14.7 Adopt a resolution entitled: RESOLUTION NO. 13-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A REVISED FAIR POLITICAL PRACTICES COMMISSION FORM 806 REGARDING THE APPOINTMENT OF COUNCIL MEMBERS TO . COMPENSATED POSITIONS 15 Human Services Update (at the request of Mavor Nagqar) — Received and filed. RECOMMENDATION: 15.1 Receive and file. 16 Discussion of Farmer's Market Operating/Licensina Aqreement and Proposed Process — Approved staff recommendation with the amendment to include Council Member Comerchero's definition of a"hand-crafted" item to include the combination of at � least a 50% or more ratio of hand-crafted vs. manufactured, to qualify for that type of designation. Direction was also given to provide flexibility language in terms of owner-operated booths that would prove to the director's satisfaction, the selling of "hand-crafted" items in multiple locations. Direction was also given to explore additional handicap parking and other means of transportation to and from the market. (4-0-1, Council Member Washington absent) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval. The following individuals spoke on this item: • Darlenska • Theresa Bolton • Louise Notarte • Barbara Clemons � • Nicolina Alves • Stephen Eldred RECOMMENDATION: 16.1 Approve the Old Town Steering Committee's recommendation to not issue a Request for Proposals (RFP) and negotiate a new Licensing/Operating Agreement with Farmer's Market Management, Inc. for the management and operation of a Certified Farmer's Market. DEPARTMENTAL REPORTS 17 Development Services Department Monthlv Report 18 Police Department Monthlv Report Action Minutes 012213 11 CITY MANAGER REPORT CITY ATTORNEY REPORT Assistant City Attorney Curley advised there was no action to report under the Brown Act. ADJOURNMENT At 9:39 P.M., the City Council meeting was formally adjourned to Tuesday, February 12, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. _ .� y Michael S. Nag ar, Ma r ATTEST: (.t/- Susan . Jo es, MMC City CI k [SEAL] Action Minutes 012213 12