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Home My WebLink About021114 CC Action MinutesThe City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Makayla O'Sullivan Invocation: Pastor Mel Cratsley of Grace Fellowship Church Flag Salute: Council Member Roberts ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards PUBLIC COMMENTS The following individuals addressed the City Council: • Gillian Larson • Patrice Lynes CITY COUNCIL REPORTS CONSENT CALENDAR Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (5 -0 -0) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. 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 Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 2.1 Approve the action minutes of January 28, 2014. Action Minutes 021114 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA FEBRUARY 11, 2014 — 7:00 PM The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Makayla O'Sullivan Invocation: Pastor Mel Cratsley of Grace Fellowship Church Flag Salute: Council Member Roberts ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards PUBLIC COMMENTS The following individuals addressed the City Council: • Gillian Larson • Patrice Lynes CITY COUNCIL REPORTS CONSENT CALENDAR Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (5 -0 -0) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. 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 Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 2.1 Approve the action minutes of January 28, 2014. Action Minutes 021114 1 3 List of Demands — Approved Staff Recommendation (5 -0 -0) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of December 31, 2013 — Approved Staff Recommendation (5 -0 -0) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of December 31, 2013. 5 Approval of the Possession and Use Agreement for Portion of Assessor's Parcel Number 921 - 480 -032 to construct the Overland Drive Extension Project, PW00 -26 — Approved Staff Recommendation (5 -0 -0) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 14 -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED POSSESSION AND USE AGREEMENT BETWEEN THE CITY OF TEMECULA AND MARK MCMILLIN, LLC IN CONNECTION WITH THE MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ ROAD, PROJECT NUMBER PW00 -26 5.2 Authorize the Finance Director to issue warrants for the sums of $91,847 plus escrow fees for deposit with Escrow Holder First American Title Insurance Company to complete the transaction (escrow fees are estimated not to exceed $15,000); Action Minutes 021114 1 5.3 Authorize the City Manager to approve and execute any documents necessary to effectuate the terms of the Possession and Use Agreement, and to take all necessary actions to complete the transaction contemplated pursuant to said Agreement, including without limitations, all escrow instructions. 6 Professional Services Agreement for the Design of the Flood Control Channel Reconstruction and Repair Project, PW11 -10 — Approved Staff Recommendation (5- 0-0) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 6.1 Approve an Agreement with CWE, in the amount of $94,816, for the design of the Flood Control Channel Reconstruction and Repair Project, PW 11 -10; 6.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $9,480, which is 10% of the agreement amount. RECESS At 7:18 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:23 P.M., the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 9 Municipal Code Amendments (Long Ranqe Planning Proiect No. LR13 -0007 Approved with direction to remove Ordinance Section 18 — Use Regulations for Planned Development Overlay PDO -4. Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. The first motion failed with direction to remove Ordinance Section 14 — Clarifying Setbacks for Swimming Pools and Spas and Ordinance Section 18 — Use Regulations for Planned Development Overlay PDO -4 (2- 0 -0 -3, Council Members Comerchero, Washington and Edwards in opposition) Council Member Naggar made the motion; it was seconded by Council Member Roberts and electronic vote reflected failure of approval with Council Members Comerchero, Washington and Edwards in opposition. RECOMMENDATION: 9.1 That the City Council introduce and read by title only an ordinance entitled: Action Minutes 021114 3 ORDINANCE NO. 14 -01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 6, TITLE 8, TITLE 16, AND TITLE 17 OF THE TEMECULA MUNICIPAL CODE MAKING MINOR POLICY CHANGES AND CLARIFICATIONS AND CORRECTING TYPOGRAPHICAL ERRORS REGARDING: (1) THE DEFINITION OF A CATTERY; (2) THE DEFINITION OF SMOKING TO INCLUDE E- CIGARETTES; (3), ALLOWING CERTAIN USES AMONG VARIOUS ZONING DISTRICTS; (4) REVISING PROCEDURES FOR ZONING APPEALS; REVISING PROCEDURES FOR EXTENSIONS OF TIME FOR TENTATIVE MAPS; (4) DESCRIPTIONS FOR RESIDENTIAL DISTRICTS; (5) AGRICULTURAL USES WITHIN RESIDENTIAL DISTRICTS; (6) USE REGULATIONS ATIONS EAR PLANNED DEVELOPMENT OVERLAY POO-A. (7) BICYCLE PARKING REQUIREMENTS; (8) STANDARDS FOR PERMANENT WALL SIGNS; (9) CLARIFYING SETBACKS FOR SWIMMING POOLS AND SPAS; (10) MAKING OTHER MINOR CLARIFICATIONS AND TYPOGRAPHICAL CORRECTIONS TO THE TEMECULA MUNICIPAL CODE; AND (11) DETERMINING THAT THE ORDINANCE IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER SECTION 15061(B)(3) OF THE CEQA GUIDELINES By way of a Power Point presentation, Associate Planner, Dale West presented the staff report as per agenda material. e Patrice Lynes addressed the Council on this item. 10 Municipal Code Amendment to Chapter 12.08 regulating taxicab services with the City of Temecula (Long Range Planning Project No. LR13 -0011) — Approved with the inclusion of random drug testing at the discretion of the City Manager once all information is received and it is determined feasible, practicable and advisable. Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 14-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING INSURANCE REQUIREMENTS FOR TAXICAB OPERATORS 10.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 14 -02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING IN ITS ENTIRETY CHAPTER 12.08 OF THE TEMECULA MUNICIPAL CODE RELATING TO TAXICABS Action Minutes 021114 4 C By way of a Power Point presentation, Associate Planner, Dale West presented the staff report as per agenda material. The following individuals addressed the Council on this item: 11 • Lyle Wells • Carl Nielsen VcllltrV I UUI I,III DUSII IC,b I I I I PIUVUl I ICI I I LAbLI K I `I V 1 0I LJ) IUI rlbucil L CGI GU 1'-h- I U — Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval by Council Members Comerchero, Naggar, Roberts, Washington and Edwards. RECOMMENDATION: 11.1 Conduct a public hearing to consider protests regarding the levy of an assessment in conjunction with the Temecula Valley Tourism Business Improvement District; 11.2 Instruct the City Clerk to tabulate any written protests which might be received prior to the close of the public hearing regarding the levy of the District; 11.3 If the City Clerk reports that there is not a majority protest received regarding this District, then adopt a resolution entitled: RESOLUTION NO. 14 -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA LEVYING AN ASSESSMENT FOR FISCAL YEAR 2014 -2015 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) By way of a Power Point presentation, Economic Development Analyst, Christine Damko presented the staff report as per agenda material. CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson announced there was nothing to report. Action Minutes 021114 5 1 1 ADJOURNMENT At 8:42 P.M., the City Council meeting was formally adjourned to Tuesday, February 25, 2014, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. ATTEST: Gwyn R. lores, CMC Acting City Clerk [SEAL] Action Minutes 021114