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HomeMy WebLinkAbout030816 CC Action Minutes ACTION MINUTES t TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MARCH 8, 2016—7:00 PM The City Council meeting convened at 7:01 PM. CALL TO ORDER: Mayor Mike Naggar Prelude Music: Chaparral High School 2016 Spring Musical "The Addams Family" Invocation: Shawn Burgess of the Temecula Baha'i Community Flag Salute: Council Member Maryann Edwards ROLL CALL: Comerchero (absent), Edwards, McCracken, Rahn, Naggar PRESENTATIONS/PROCLAMATIONS Presentation of Certificates of Participation to 2016 Youth in Government Program Participants Presentation of Certificate of Recognition to Mr. Jeff Waugh PUBLIC COMMENTS The following individuals addressed the City Council: • Wayne Grajczyk • Andrea Wells • Jennifer Schwank • Connor Edwards CITY COUNCIL REPORTS CONSENT CALENDAR 1 Waive Reading of Standard Ordinances and Resolutions — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: ' 1.1 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. Action Minutes 030816 1 2 Approve the Action Minutes of February 23, 2016 — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the ' motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 2.1 That the City Council approve the action minutes of February 23, 2016. 3 Approve the List of Demands — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 16-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A ' 4 Approve the City Treasurer's Report as of January 31, 2016 — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as January 31, 2016. 5 Approve the First Amendment to the Agreement with Buxton Company dba: Buxton for an Economic Development Retail Recruitment Report and Visitor Analysis — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 5.1 Appropriate $10,000 from undesignated fund balance to the Economic Development Department's operating budget to cover the scope of work to be completed this fiscal year. ' 5.2 Approve the First Amendment to the Agreement with Buxton Company dba: Buxton, in the amount of $50,000, for an Economic Development Retail Recruitment and Visitor Analysis Report for Fiscal Year 2016-17. Action Minutes 030816 2 6 Approve the Sponsorship Agreement with His Venture for the 2016 Old Town Grand Prix and Health Fair (At the Recommendation of the Economic Development Committee Mayor Pro-Tem Edwards and Council Member Comerchero) — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 6.1 That the City Council approve the Sponsorship Agreement with His Venture for city-support costs, in the amount of $5,600 and in-kind promotional services of $11,415, for the 2016 Old Town Grand Prix and Health Fair. 7 Approve the Second Amendment to the Exclusive Negotiating Agreement with Truax Development for the Potential Disposition of Property Located on Main Street in the City of Temecula (APNs 922-360-004. 005, 006, 007) — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 7.1 That the City Council approve the Second Amendment to the Exclusive ' Negotiating Agreement (ENA) between the City of Temecula and Truax Development (Truax) for the potential disposition and development of the property located on Main Street in the City of Temecula (APNs 922-360-004, 005, 006, 007) (Subject Property). 8 Award a Construction Contract to DDH Apple Valley Construction, Inc. for the Old Town Front Street Pavement and Storm Drain Rehabilitation. PW12-14 — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 8.1 Award a Construction Contract to DDH Apple Valley Construction, Inc., in the amount of $794,286.50, for the Old Town Front Street Pavement and Storm Drain Rehabilitation, PW12-14; 8.2 Authorize the City Manager to approve Change Orders not to exceed the contingency amount of $158,857.30, which is equal to 20% of the Contract amount; 8.3 Make a finding that the Old Town Front Street Pavement and Storm Drain Rehabilitation is exempt from Multiple Species Habitat Conservation Plan ' (MSHCP) fees. Action Minutes 030816 3 9 Accept Improvements and File the Notice of Completion for the Pavement Rehabilitation Program — Rancho California Road. PW10-12 — Approved Staff Recommendation ' (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 9.1 Accept the construction of the Pavement Rehabilitation Program — Rancho California Road, PW 10-12, as complete; 9.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the Contract amount; 9.3 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. 10 Approve Payment to Riverside County Flood Control District (RCFCD) for the City of Temecula's Portion of the Regional Municipal Stormwater Permit for the Santa Margarita Watershed for Fiscal Year 2015-16 — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn ' with Council Member Comerchero absent. RECOMMENDATION: 10.1 Approve payment to Riverside County Flood Control District (RCFCD), in the amount of $431,073.53, for the City of Temecula's Portion of the Regional Municipal Stormwater Permit for the Santa Margarita Watershed for Fiscal Year 2015-16. 11 Receive and File Temporary Street Closure for Temecula Grand Prix Bicycle Race — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 11.1 That the City Council receive and file the following proposed action by the City Manager: Temporarily close certain streets for the Temecula Grand Prix Bicycle Race Special Event. RECESS ' At 7:37 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:54 PM, the City Council resumed with the remainder of the City Council Agenda. Action Minutes 030816 4 RECONVENE TEMECULA CITY COUNCIL ' PUBLIC HEARING 14 Approve Planning Application Numbers PA14-0051 and PA15-1664, Development Agreement and Specific Plan Amendments to Modify the Roripaugh Ranch Development Agreement and Specific Plan Timing Requirements for Improvements Required by the Existing Approvals for Phase II of Roripaugh Ranch 14.1 and 14.2 - Approved Staff Recommendation (3-0, Council Member Naggar and Council Member Comerchero absent) Council Member Rahn made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken and Rahn with Council Member Naggar absent by leaving the Chambers and Council Comerchero absent. 14.3 - Approved Staff Recommendation (3-0, Council Member Nagger and Council Member Comerchero absent) Council Member McCracken made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken and Rahn with Council Member Naggar absent by leaving the Chambers and Council Member Comerchero absent. The City Attorney publically explained the circumstances under which Council Member Naggar chose not to participate in this matter based upon the description of the conflicts of interest in the Staff Report for this item. Europa Vineyard Estates is located on approximately 290.7 acres southesterly of Butterfield Stage ' Road and La Serena Way in unincorporated Riverside County. It is owned by Temecula Vineyard Estates, LLC, and is adjacent to Butterfield Stage Road. Neither Council Member Mike Naggar nor Council Member Jeff Comerchero has any direct investments or ownership interests in the Temecula Vineyard Estates, LLC. The managing member of Temecula Vineyard Estates, LLC, is Mr. Daniel Stephenson. Council Member Naggar and Council Member Comerchero do, however, have ownership interests and are members other limited liability companies that are developing property outside of the City of Temecula in which Mr. Stephenson is also the managing member. Europa Vineyard Estates is, therefore, an "otherwise related business entity" for these officials within the meaning of 2 Cal. Code Regs. § 18703.1. Tract Map 32594 for the.Europa Vineyard Estates Project was approved by the County of Riverside in September 2006 following the City Council's approval of the Roripaugh Ranch Specific Plan and the Development Agreement in December 2002. One of the County's conditions of approval requires the owners of Europa Vineyard Estates to improve a portion of Butterfield Stage Road along its westerly property line prior to the County's issuance of a certificates of occupancy for homes on 80% of the lots in the Project. The City Attorney has determined that Council Member Naggar and Council Member Comerchero may participate in the Council's approval of the Third Amendment to the Development Agreement and Amendment No. 2 to the Specific Plan. These actions will have no material financial effect, indeed no effect, on Europa Vineyard Estates, or the owners of this Project, for the simple reason that the Third Amendment to the Development Agreement and ' Amendment No. 2 to the Specific Plan do not change the Roripaugh Ranch Developers' obligation to construct the Phase 3 Improvements to Butterfield Stage Road from what has been required since approval of the original Development Agreement and Specific Plan in December 2002. This is consistent with the Fair Political Practices Commission Legal Staff's March 2008 opinion (A- Action Minutes 030816 5 08-015) [Calixto Property] allowing Council Member Naggar and Council Member Comerchero's participation in a decision to acquire property located 372 feet ' south of Europa Villages Estates necessary for the construction of the Phase 3 Improvements. Additionally, the funding for the Phase 3 Improvements for Butterfield Stage Road has been in place since the Roripaugh Ranch Community Facilities District 03-02 issued community facilities district special tax bond in April 2006. Council Member Naggar chose not to participate in the actions approving the Third Amendment and Amendment No. to the Specific Plan and left the room. RECOMMENDATION: That the City Council conduct a Public Hearing and: 14.1 Adopt a resolution entitled: RESOLUTION NO. 16-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING ADDENDUM NO. 2 TO THE RORIPAUGH RANCH FINAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 97121030) 14.2 Adopt a resolution entitled: RESOLUTION NO. 16-17 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AMENDMENT NO. 2 TO THE RORIPAUGH RANCH SPECIFIC PLAN (SP 11) (PLANNING APPLICATION NO. PA 15-1664) 14.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 16-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE RORIPAUGH RANCH PROJECT (PLANNING APPLICATION NO. PA 14- 0051) City Attorney Thorson introduced and read by title only Ordinance No. 16-02. RECESS At 8:24 PM, the City Council recessed to the Joint Meeting of the City Council, Planning Commission and Old Town Local Review Board. At 8:37 PM, the City Council resumed with the remainder of the City Council Agenda. Action Minutes 030816 6 JOINT MEETING OF THE CITY COUNCIL, PLANNING COMMISSION AND OLD TOWN LOCAL REVIEW BOARD CALL TO ORDER: Mayor Mike Naggar ROLL CALL: Comerchero (absent), Edwards, McCracken, Rahn, Naggar Telesio, Turley-Trejo, Watts, Youmans, Guerriero Baimbridge (absent), Blair(absent), Malmstrom (absent), Puma (absent), Moore (absent) 15 Conduct Annual Joint Meeting Between the City Council and the Planning Commission — Receive and file. RECOMMENDATION: 15.1 That the City Council conduct the annual joint meeting between the City Council and the Planning Commission. 16 Conduct Annual Joint Meeting Between the City Council and the Old Town Local Review Board — Meeting adjourned to Tuesday, March 22, 2016 due to lack of quorum. RECOMMENDATION: 16.1 That the City Council conduct the annual joint meeting between the City Council and the Old Town Local Review Board. JOINT MEETING ADJOURNMENT RECONVENE TEMECULA CITY COUNCIL DEPARTMENTAL REPORTS 17 City Council Travel/Conference Report March 2016 CITY MANAGER REPORT CITY ATTORNEY REPORT (None) Action Minutes 030816 7 ADJOURNMENT ' At 8:39 PM, the City Council meeting was formally adjourned to Tuesday, March 22, 2016, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Adjourned in Honor of Rosie D. McCracken and Myra Francis Mi hael S. Naggar, Mayor ATTE Randi Johl, City Clerk [SEAL] Action Minutes 030816 8