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Home My WebLink About011012 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR AMENDED MEETING � SPECIAL MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JANUARY 10, 2012 — 7:00 PM 6:00 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 DCR Investments, Inc., consisting of approximately 7.31 acres (APN 940-070- 004) located on #he escarpment west of the City limits in unincorporated Riverside County northwesterly of Camino Gatillo. The parties to the negotiations for the purchase of the property are DCR'Investments, inc., . Riverside County Regional Conservation Authority and the City of Temecula. Negotiators for the City of Temecula are: Bob Johnson, Patrick Richardson, and Luke Watson. Under negotiation are price and the terms of the City and Authority's purchase of the property.. � 2) Conference with City Attorney pursuant to Government Code Section 54956.9(b) and (c) with respect to one matter in which there is a significant exposure to litigation in which the City would be a party and to decide whether to initiate litigatiort on behalf of the City. The title of the matter is "Claim of City of Temecula againsf Bell-Aire West Construction Co. and Ullico Insurance Company" concerning the Winchester Median Project surety bonds. With respect to such matter, the City Attorney has determined that based on existing facts and circumstances a point has been ceached where there is a significant exposure to litigation involving the City and a need to determine whether to initiate litigation. 3) 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 approxirnately 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 ublic documents held b the Cit Clerk. CC Action Minutes \011012 1 At 6:00 P.M., Mayor Washington 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 7:00 P.M. CALL TO ORDER: Mayor Chuck Washington Prelude Music: The Brewer Boys Invocation: Elder Bill Savage of True Vine Pentecostal Church Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTATIONS/PROCLAMATIONS Presentation of Gavel from previous Mavor Roberts to incominq Mavor Washinqton Presentation bv Garv Sinise Proclamation to Allen Craiq Presentation of Service Awards - Tom Edwards and Bob Haael PUBLIC COMMENTS The following individuals addressed the City Council: • Annette Brown — Temecula Convention & Visitors Bureau • Mary Lou Rothacher — Temecula Valley Women's Club • Andrea Melara • Craig Puma CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; 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. CC Action Minutes \011012 2 2 Action Minutes — Approved Staff Recommendation, as amended (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of December 13, 2011. 3 List of Demands — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: � 3.1 Adopt a resolution entitled: RESOLUTION NO. 12-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Citv Treasurer's Report as of November 30, 2011 — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of November 30, 2011. 5 Parcel Map No. 36369 (located at the southwest corner of Overland Drive and Marqarita Road — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Approve Parcel Map No. 36369 in conformance with the Conditions of Approval. 6 Implementation Aqreement for the National Pollutant Discharqe Elimination Svstem (NPDES) Stormwater Discharqe Permit for the Santa Maraarita River Drainaqe Area — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Approve the National Pollution Discharge Elimination System (NPDES) Stormwater Discharge Permit Implementation Agreement for Santa Margarita Drainage Area; CC Action Minutes \011012 3 6.2 Authorize payment of $581,716 to the Riverside County Flood Control and Water Conservation District, which represents the City's cost-share contribution for FY 2011-12 per the Implementation Agreement. 7 A�proval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Citvwide Slurrv Seal Proiect FY 2011-12 — Project No. PW11-09 — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Slurry Seal Project FY 2011- 12, Portions of Paseo Del Sol, California Sunset, Rainbow Canyon, and Starlight Ridge Areas — Project No. PW 11-09. 8 Construction Contract for the Librarv Parkinq Expansion — Project No. PW08-07 — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Award a construction contract for the Library Parking Expansion — Project No. PW08-07, to Roadway Engineering & Contracting Inc. in the amount of $209,236; 8.2 Authorize the City Manager to approve change orders up to 10% of the contract amount, $20,923.60; 8.3 Make a finding that the Library Parking Expansion Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 9 Citv Council action to make the City of Temecula the successor aqencv of The Redeveloqment Aaencv of the Citv of Temecula for the purqoses of dissolvinq The Redeveloqment A qencv under the 2011 Redeveloqment Aqenc Termination Lectislation, ABX1 26 — Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 12-02 CC Action Minutes \011012 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING AN ELECTION IN CONNECTION WITH SERVING AS A SUCCESSOR AGENCY UNDER PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS IN CONNECTION THEREIN 9A Benefit Concert, Co-Sponsorship Reauest (at the request of Mavor Washinqton & Council Member Comerchero) — Approved Staff Recommendation as amended (5-0- 0) Council Member Naggar made the motion; it was seconded by Council Member Edwards and voice vote reflected unanimous approval. (See notations below) RECOMMENDATION: 9.1A Formation of a Civic Center Concert ad-hoc subcommittee to discuss the logistics/planning of proposed benefit concert; - Appointed Council Member Comerchero and Mayor Washington. 9.2A Approval of a co-sponsorship agreement with the Stephen Siller Tunnel to Towers Foundation for city support costs in the amount of approximately $3,900 and in-kind promotional services valued at an amount of approximately $10,865 for a benefit concert. This concert will be perFormed by Gary Sinise and the Lt. Dan Band within the Civic Center Quad/Civic Center Town Square in Old Town Temecula with proceeds returned to assist Military Veteran's; Amended agreement to fund public safety costs in the amount of $4,600, and provide a"rain or shine" provision in the agreement. 9.3A Approve appropriate street closures associated with special event that involve Mercedes Street in front of Civic Center to be determined (in February), half day (Press Conference/Media event) and Mercedes Street/Main Street "Y" on February 28, 2012 from 8:00 am to March 2, 2012 at 2:00 am (Special Event Setup). — Approved Staff Recommendation. TEMECULA HOUSING AUTHORITY — no meeting TEMECULA PUBLIC FINANACING AUTHORITY — no meeting At 7:54 P.M., the City Council convened as the Temecula Community Services District, the Temecula Redevelopment Agency, the Temecula Housing Authority and the Temecula Public Financing Authority. At 7:58 P.M., the City Council resumed with regular business. PUBLIC HEARING 15 General Plan Amendment, Zone Chanqe to PDO, Tentative Tract Map, Home Product Review and Mitigated Neqative Declaration for Walcott Estates in Nicolas Vallev (Planninq Application Nos. PA10-0145, PA10-0146, PA10-0147, and PA10-0148) Mayor Pro Tem Naggar announced that he has worked with the applicant Steve Galvez on another project outside of the City of Temecula, and provides a source of income to him; therefore, he will not participate in the agenda item. CC Action Minutes \011012 5 Mayor Pro Tem Naggar then left the City Council Chambers. Approved staff recommendations 5.1, 15.2, 15.4, and 15.5. (4-0-1, Council Member Naggar absent) The motion was made by Council Member Roberts; it was seconded by Council Member Edwards. Electronic vote showed approval with Council Member Naggar absent. City Attorney Thorson introduced and read by title only Ordinance No. 12-01. Approved staff recommendation 15.3 (4-0-1, Council Member Naggar absent). The motion was made by Council Member Roberts; it was seconded by Council Member Edwards. Electronic vote showed approval with Council Member Naggar absent. City Attorney Thorson explained the potential conflicts of interest, stating Mayor Washington, Council Member Comerchero, and City Manager Johnson have an economic interest with the developer of Europa Villages Estate Project, which is located at the southeast corner of Butterfield Stage Road and La Serena Road. He noted the project is approximately 1500 feet south of the Walcott Estates property. The location and GIS Map information was reviewed and confirmed that none of the three individuals have a conflict and may participate in the Public Hearing. He further explained that since Dan Stevenson is the managing member of all the investments, a potential conflict was created. Mayor Washington, Council Member Comerchero, nor City Manager Johnson have a direct interest in this project. Staff was further directed to bring back information regarding Nicolas Valley Design Guidelines. RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 12-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR A ZONE CHANGE AND GENERAL PLAN AMENDMENT FROM VL-VERY LOW DENSITY TO L-LOW DENSITY WITH A PDO; A TENTATIVE TRACT MAP TO SUBDIVIDE 25 ACRES INTO 45 LOTS; AND A HOME PRODUCT REVIEW APPLICATION LOCATED EAST OF WALCOTT LANE AND WEST OF BUTTERFIELD STAGE ROAD, APPROXIMATELY 1,500 FEET NORTH OF LA SERENA WAY AND 1,100 FEET SOUTH OF CALLE CHAPOS (APNS 957-170-032 THROUGH -036) 15.2 Adopt a resolution entitled: CC Action Minutes \011012 6 RESOLUTION NO. 12-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0148, AN AMENDMENT TO THE GENERAL PLAN TO CHANGE THE LAND USE PLAN MAP FROM VERY LOW (VL) DENSITY RESIDENTIAL TO LOW (L) DENSITY RESIDENTIAL (APNS 957-170-032 THROUGH -036) 15.3 Introduce and read by title only an ordinance entitled: 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 15.4 Adopt a resolution entitled: RESOLUTION NO. 12-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0145, TENTATIVE TRACT MAP 36295 TO SUBDIVIDE 25 GROSS ACRES INTO 45 LOTS AND ASSOCIATED OPEN SPACE LOCATED EAST OF WALCOTT LANE AND WEST OF BUTTERFIELD STAGE ROAD APPROXIMATELY 1,500 FEET NORTH OF LA SERENA WAY AND 1,100 FEET SOUTH OF CALLE CHAPOS (APNS 957-170-032 THROUGH -036) 15.5 Adopt a resolution entitled: RESOLUTION NO. 12-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0146, A HOME PRODUCT REVIEW APPLICATION FOR WALCOTT ESTATES LOCATED EAST OF WALCOTT LANE AND WEST OF BUTTERFIELD STAGE ROAD APPROXIMATELY 1,500 FEET NORTH OF LA SERENA WAY AND 1,100 FEET SOUTH OF CALLE CHAPOS (APNS 957-170-032 THROUGH -036) CC Action Minutes \011012 7 By way of a PowerPoint presentation, Associate Planner Matt Peters provided an overview of the staff report (as per agenda material). The public hearing was opened and the following individuals addressed the City Council: • Steve Galvez - applicant • Dennis Fitz • David Neault • Tina Naber • Mike Knowlton There being no additional comments, the public hearing was closed. CITY MANAGER REPORT CITY ATTORNEY REPORT With respect to Closed Session Item One and �tem Three, City Attorney Thorson advised that there was no action reportable under the Brown Act by the City Council or the Redevelopment Agency and there will be no final action other than at an open session of the City Council or Redevelopment Agency. With respect to Closed Session Item No. Two, City Attorney Thorson advised the litigation involving the claims against Bell-Aire West Construction Co. and Ullico Insurance Company, the City Council approved a settlement agreement in which the remaining funds and the contract retention account will be split 50/50 between the City and the insurance company. Explaining that the surety on the bonds will cover all of City expenses, the settlement agreement authorizes the City Manager to execute the agreement once it's prepared and approved by the other parties. ADJOURNMENT At 9:11 P.M., the City Council Meeting was formally adjourned to Tuesday, January 24, 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. ; / ' � ; �' f , rt , /- � � = i "`` ''r�- � /��;�--�` c Chuck �ashington, Mayor ATTEST: � (it./ � Susan W. Jon�es, MMC k � [SEAL] CC Action Minutes \011012 8