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Home My WebLink About111015 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA NOVEMBER 10, 2015–7:00 PM 5:45 PM - The City Council convened in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1. CONFERENCE WITH LEGAL COUNSEL—POTENTIAL LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to one matter of potential litigation and will discuss whether to initiate litigation against a certain defendants. 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. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(2) with respect to two matters of pending litigation: (1) Anthony Dragonetti v. Mad Madeline's, City of Temecula, et al., Riverside County Superior Court No. MCC1300275; and (2) Los Ranchitos Homeowners Association v. City of Temecula et al. Riverside Superior Court No. RIC1512880. At 5:45 P.M. Mayor Comerchero 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 Jeff Comerchero Prelude Music: Serena Sepersky Invocation: Pastor Luke Kirkendall of Southwest Christian Church Flag Salute: Temecula Valley Young Marines Color Guard National Anthem: Allison Chan ROLL CALL: Edwards, McCracken, Naggar, Rahn, Comerchero PRESENTATIONS/PROCLAMATIONS Presentation of#GivingTuesday Proclamation Presentation by President Dr. Karen Haynes (CSUSM Update) Action Minutes 111015 1 PUBLIC COMMENTS The following individual addressed the City Council: • Michael Petrofsky CITY COUNCIL REPORTS CONSENT CALENDAR 1 Waive Reading of Standard Ordinances and Resolutions - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. 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. 2 Approve the Action Minutes of October 27, 2015 - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 2.1 That the City Council approve the action minutes of October 27, 2015. 3 Approve the List of Demands - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15-59 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 September 30, 2015 - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. Action Minutes 111015 RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of September 30, 2015. 5 Approve Financial Statements for the 4th Quarter Ended June 30, 2015 - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 5.1 Receive and file the Financial Statements for the 4th Quarter June 30, 2015: 5.2 Approve an increase of $12,000 in revenues and an appropriation in Fund 160 Supplemental Law Enforcement Services Fund (SLESF) Transfer Out to General Fund Transfer In, due to the late receipt of P12013-14 grant revenue; 5.3 Approve an appropriation of $27,000 in the Vehicles and Equipment Fund 310 to cover higher depreciation expenses; 5,4 Approve an appropriation of $153,000 in the Technology Replacement fund 325 to cover higher depreciation expenses. 6 Approve the First Amendment to Temecula Public Financing Authority Joint Exercise of Powers Agreement, to Provide for Withdrawal of Successor Agency to the Temecula Redevelopment Agency as a Member and Addition of Temecula Community Services District and Temecula Housing Authority as New Members - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 6.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE EXECUTION OF AN AMENDMENT TO TEMECULA PUBLIC FINANCING AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT 7 Approve Updated Community Support Funding Policies and Application Forms - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. Action Minutes 111015 RECOMMENDATION: P7.1 That the City Council approve the updated Community Support Funding Policies and Application Forms. 8 Approve a Cooperative Agreement Between City of Temecula and Non-profit Our Nicholas Foundation in Support of Various Human Services Programs and Activities _- Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 8.1 That the City Council approve the Cooperative Agreement between the City of Temecula and non-profit Our Nicholas Foundation in support of various Human Services programs and activities. 9 Approve the Third Amendment to the Agreement with Environmental Science Associates for the Preparation of a Supplemental Environmental Impact Report for the Temecula Valley Hospital Heliport Relocation - Approved Staff Recommendation (4- 0-1, Council Member Comerchero abstained) 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 abstaining due to the fact that he serves on the Board for the Temecula Valley Hospital. RECOMMENDATION: 9.1 That the City Council approve the Third Amendment to the Agreement with Environmental Science Associates (ESA), in the amount of $16,000, for the preparation of a Supplemental Environmental Impact Report (EIR) for the Temecula Valley Hospital Heliport Relocation, for a total agreement amount of $124,155. 10 Approve Participation in the Riverside County Mortgage Credit Certificate (MCC) Program - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 10.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM Action Minutes 111015 11 Approve Plans and Specifications and Authorize the Solicitation of Construction Bids for the Pavement Rehabilitation Program — Overland Drive, PW12-15 - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 11.1 Approve the Plans and Specifications and authorize the Department of Public Works to solicit Construction Bids for the Pavement Rehabilitation Program — Overland Drive, PW12-15; 11.2 Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. 12 Approve Tract Map 36571 (Located at the Southwest Corner of Deer Hollow Way and Peach Tree Street) - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 12.1 That the City Council approve Tract Map 36571 in conformance with the Conditions of Approval. 13 Receive Temporary Street Closures for 2015 Winterfest Events - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 13.1 That the City Council receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2015 Winterfest Events: OLD TOWN CHRISTMAS TREE INSTALL HOLIDAY MAGIC ON MAIN STREET TEMECULA ON ICE SANTA'S ELECTRIC LIGHT PARADE WINTER WONDERLAND Action Minutes 111015 5 14 Establish an All-Way Stop Control at the Intersection of Mercedes Street at Third Street - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 14.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ESTABLISHING AN ALL-WAY STOP CONTROL AT THE INTERSECTION OF MERCEDES STREET AT THIRD STREET RECESS At 7:48 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting, Successor Agency to the Temecula Redevelopment Agency Meeting and Temecula Housing Authority Meeting. At 7:53 P.M., the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 21 Approve an Amendment to Title 17 of the Temecula Municipal Code that Would Replace Chapter 17.32 Entitled Water Efficient Landscape Design with a New Chapter to be Consistent with the State's Model Water Efficient Landscape Ordinance - Approved Staff Recommendation (5-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 21.1 That the City Council read by title only and adopt an ordinance entitled: ORDINANCE NO. 15-11 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17.32 OF THE TEMECULA MUNICIPAL CODE TO UPDATE THE WATER EFFICIENT LANDSCAPE DESIGN STANDARDS; DECLARING THE URGENCY THEREOF; AND FINDING THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CEQA GUIDELINES SECTION 15308, CLASS 8 City Attorney Thorson read by title only Ordinance No. 15-11. Action Minutes 111015 6 22 Approve an Amendment to the Temecula Municipal Code to Revise the Expiration Date and Time Extensions for Development Plans - Approved Staff Recommendation (5-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 22.1 That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 15-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE BY EXTENDING THE TIME FOR COMMENCEMENT OF CONSTRUCTION OF CERTAIN DEVELOPMENT PERMITS AND INCREASING THE NUMBER OF EXTENSIONS OF TIME ALLOWED FOR SAID PERMITS (LONG RANGE PLANNING APPLICATION NO. LR15-1285) City Attorney Thorson read by title only Ordinance No. 15-12. • Matthew Fagan addressed the Council on this item. CITY COUNCIL BUSINESS 23 Approve Recommendation for Community Service Funding Program for Fiscal Year 2015-16 - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 23.1 That the City Council approve the Community Service Funding Ad Hoc Subcommittee's recommendation to allocate a total of $59,000 to fund 16 out of 33 grant applications received from nonprofit organizations for the Fiscal Year 2015-16 Community Service Funding Program. 24 Receive and File 2015 Federal Legislative Update from David Turch and Associates and Consider Revised Scope of Services and One-Year Extension to Term of Agreement for Consultant Services - Approved Staff Recommendation (5-0) Council Member Naggar made the motion to receive and file the 2015 Federal Legislative Update and consider the revised scope of services and approve a one-year extension to term of agreement for consultant services; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. II Action Minutes 111015 7 RECOMMENDATION: 24.1 That the City Council receive and file the 2015 Federal legislative update from David Turch and Associates and consider revised Scope of Services and one- year extension to term of Agreement for Consultant Services. DEPARTMENTAL REPORTS 25 City Council Travel/Conference Report— November 2015 CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson reported in regards to the Los Ranchitos Homeowners Association Litigation, the City Council Authorized the City Attorney to aggressively defend the City and the City Council in this action. In regards to the Anthony Dragonetti Litigation, the City Council authorized to settle the case in the amount of $80,000 based on the agreement reached in the mediation. There were no other actions to report under Closed Session. ADJOURNMENT At 8:25 P.M., the City Council meeting was formally adjourned to an adjourned Regular Meeting on Tuesday, November 17, 2015, 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, December 8, 2015, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 P.M., City Council Chambers, 41000 Main Street, Temecula, California. J '/ feff Comerchero, Mayor ATTE . Randi . hE' + erk [SEAL] 1 Action Minutes 111015 8