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Home My WebLink About120815 CC Action Minutes ACTION MINUTES ' TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA DECEMBER 8, 2015– 7:00 PM 6:00, PM -,The City Council convened in,Closed Session in the Canyons Conference' Room on'the,tFiird floor of the Temecula City Hall concerning the following matters: 1 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. The City Council wilLmeet inr closed session with the City 'Attorney 'pursuant to Government Code .Section`54956:9(d)(2) with respect to.one matter,of pending litigation: The Sharpen ' .Foundation dba:ICU Mobile Riverside County v.'I<amala Harris, et al.,` Riverside' .County Superior Court No. RIC1514022. At 6:00 PM 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 7:05 PM ' CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Chaparral High School Show Choir– Platinum FX Invocation: Pastor William Rench of Calvary Baptist Church Flag Salute: Council Member Matt Rahn ROLL CALL: Edwards, McCracken, Naggar, Rahn, Comerchero PRESENTATIONS/PROCLAMATIONS Presentation of Certificate of Recognition to Melissa Donaldson Presentation of Certificate of Recognition to Deputy Bruce Pierson Temecula Has Heart Presentation by Mayor Jeff Comerchero Action Minutes 120815 1 PUBLIC COMMENTS ' The following individuals addressed the City Council: • Rebecca Weersing • Lynn Pennock • Rudy Navarro • James Pollard • Robert Tyler • Cynthia Pollard 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 November 17, 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 November 17, 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. 15-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS ' AS SET FORTH IN EXHIBIT A Action Minutes 120815 2 4 Approve the City Treasurer's Report as of October 31, 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: 4.1 That the City Council approve and file the City Treasurer's Report as of October 31, 2015. 5 Approve Financial Statements for the 1st Quarter Ended September 30, 2015 and Approve a Resolution to Establish a Special Revenue Fund for the Collection of Public. Education and Government (PEG) Fees - 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 1st Quarter Ended September 30, 2015; 5.2 Adopt a Resolution entitled: RESOLUTION NO. 15-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A SPECIAL REVENUE FUND FOR THE COLLECTION OF PUBLIC, EDUCATION AND GOVERNMENT (PEG) FEES 6 Approve Professional Services Consulting Agreement with Data Ticket, Inc. DBA: Revenue Experts for Parking Citation Processing - 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: 6.1 That the City Council approve a five-year Professional Services Consulting Agreement with Data Ticket, Inc. dba: Revenue Experts for parking citation processing, in the amount of $30,000 annually, for a total five-year contract amount of$150,000. Action Minutes 120815 3 7 Approve Non-Exclusive Vehicle Maintenance, Repair and Tire Services Agreement with ' Old Town Tire and Service, LLC for the City's Fleet - 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: 7.1 That the City Council approve a five-year Vehicle Maintenance, Repair and Tire Services Agreement with Old Town Tire & Service, LLC, in the amount of $90,000 annually, for a total five-year contract amount of $450,000, for the City's Fleet. 8 Adopt Ordinance 15-12 to Approve an Amendment to the Temecula Municipal Code to Revise the Expiration Date and Time Extensions for Development Plans (Second Reading) - 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 adopt the 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) 9 Adopt Ordinance 15-13 to Adopt Uptown Jefferson Specific Plan (Second Reading) - 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 120815 4 RECOMMENDATION: ' 9.1 That the City Council adopt an ordinance entitled: ORDINANCE NO. 15-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE UPTOWN JEFFERSON SPECIFIC PLAN, AMENDING THE TEMECULA ZONING CODE TO ADD THE UPTOWN JEFFERSON SPECIFIC PLAN TO THE APPROVED SPECIFIC PLAN ZONES, AMENDING THE TEMECULA ZONING MAP TO REFLECT THE UPTOWN JEFFERSON SPECIFIC PLAN, AND AMENDING THE ADULT BUSINESS OVERLAY ZONE TO ELIMINATE THE UPTOWN JEFFERSON SPECIFIC PLAN AREA 10 Consent to Assignment or Transfer of Control of Cable Television Franchise Between the City of Temecula and Verizon Communications, Inc. to Frontier Communications - 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. 15-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONSENTING TO THE TRANSFER OF THE "CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY OF TEMECULA AND VERIZON COMMUNICATIONS, INC." DATED AS OF JUNE 11, 2006, AS AMENDED, TO FRONTIER COMMUNICATIONS CORPORATION 11 Approve the Ninth Amendment to the Agreement with Michael Baker International, Inc. for Design of Interstate 15 / State Route 79 South Ultimate Interchange, PW04-08 - 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 Ninth Amendment to the Agreement for Professional Engineering Services with Michael Baker International, Inc. for Design of Interstate 15 / State ' Route 79 South Ultimate Interchange, increasing the contingency amount by $75,000; 11.2 Increase the City Manager's authority to approve Extra Work Authorizations by $75,000. Action Minutes 120815 5 12 Accept Improvements and File the Notice of Completion for the Maintenance of Caltrans Landscape Improvements Behind Civic Center, PW06-07(D) - 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 Accept the Improvements of the Maintenance of Caltrans Landscape Improvements — September 2010 through June 2015, PW06-07(D), as complete; 12.2 Direct the City Clerk to File and Record the Notice of Completion and Release the Performance Bond; 12.3 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. 13 Accept Improvements and File the Notice of Completion for the Temecula Community Center Renovation, PW12-01 - 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 Accept the construction of the Temecula Community Center Renovation, PW12-01 as complete; 13.2 Direct the City Clerk to file and record the Notice of Completion and release the Performance Bond; 13.3 Release the Labor and Materials Bond sixty days after filing of the Notice of Completion if no liens have been filed. 14 Approve Five Quitclaim Deeds Transferring Surplus Property to the City of Murrieta in Connection with the French Valley Parkway Interchange, PW02-11 and PW07-04- 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 120815 6 RECOMMENDATION: ' 14.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING FIVE QUITCLAIM DEEDS TRANSFERRING TO THE CITY OF MURRIETA CERTAIN SURPLUS PROPERTY LOCATED IN THE JURISDICTION OF THE CITY OF MURRIETA IN CONNECTION WITH THE FRENCH VALLEY PARKWAY / INTERSTATE 15 OVERCROSSING AND INTERCHANGE IMPROVEMENTS, PW02-11 AND PW07-04 15 Adopt a Resolution to Establish an Administrative Citation Schedule for Water Quality Violations - 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: 15.1 That the City Council adopt a resolution entitled: ' RESOLUTION NO. 15-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE ADMINISTRATIVE CITATION SCHEDULE FOR VIOLATIONS OF CHAPTER 8.28 OF THE TEMECULA MUNICIPAL CODE, RELATING TO WATER QUALITY RECESS At 8:21 PM, the City Council recessed and convened as the Temecula Community Services District Meeting, Successor Agency to the Temecula Redevelopment Agency Meeting, and the Temecula Public Financing Authority Meeting. At 8:33 PM, the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 21 Approve a Location Agreement Between the City of Temecula and Medline Industries, Inc. (Professional Hospital Supply). Providing an Economic Development Subsidy Through the Sharing of Sales Tax Revenues From the Professional Hospital Supply Facility - 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 McCracken, Naggar, Rahn, Comerchero and Edwards. Action Minutes 120815 7 RECOMMENDATION: ' 21.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "LOCATION AGREEMENT' BETWEEN THE CITY OF TEMECULA AND MEDLINE INDUSTRIES, INC. (PROFESSIONAL HOSPITAL SUPPLY) • Ken Payne & Neil Cleveland addressed the City Council on this item. 22 Adopt Uptown Temecula Specific Plan New Streets In-Lieu Fee - Approved Staff Recommendation to adopt the Uptown Temecula Specific Plan New Streets In- Lieu Fee in the amount of (a) $6,351 for a Residential Unit, (b) $4.25 per square foot of gross building area for Office Uses, (c) $9.94 per square foot of gross building area for Retail Uses, and (d) $6.23 per square foot of gross building area for Hotel Uses; with a phased implementation schedule of 0% of the adopted fee from January 1, 2016 through June 30, 2016, 50% of the adopted fee from July 1, 2016 through December 31, 2016, and 100% of the adopted fee from January 1, 2017 and thereafter; and said fees shall be applicable to a development project when the Director of Community Development deems the planning application complete. (4-1, Council Member Naggar voting no) Council Member Comerchero ' made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members McCracken, Naggar, Rahn, Comerchero and Edwards with Council Member Naggar voting no. Approved Staff Recommendation 22.1 (4-1, Council Member Naggar voting no) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Members McCracken, Naggar, Rahn, Comerchero and Edwards with Council Member Naggar voting no. Approved Staff Recommendation 22.2 to establish the fees in the amount of (a) $6,351 for a Residential Unit, (b) $4.25 per square foot of gross building area for Office Uses, (c) $9.94 per square foot of gross building area for Retail Uses, and (d) $6.23 per square foot of gross building area for Hotel Uses; with a phased implementation schedule of 0% of the adopted fee from January 1, 2016 through June 30, 2016, 50% of the adopted fee from July 1, 2016 through December 31, 2016, and 100% of the adopted fee from January 1, 2017 and thereafter; and said fees shall be applicable to a development project when the Director of Community Development deems the planning application complete. (4-1, Council Member Naggar voting no) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Members McCracken, Naggar, Rahn, Comerchero and Edwards with Council Member Naggar voting no. 1 Action Minutes 120815 8 RECOMMENDATION: 22.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 15-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING CHAPTER 15.20, UPTOWN TEMECULA SPECIFIC PLAN NEW STREETS IN-LIEU FEE AND MAKING FINDINGS THAT NO FURTHER CEQA REVIEW IS REQUIRED City Attorney Thorson read by title only Ordinance No. 15-14. 22.2 Adopt a resolution entitled: RESOLUTION NO. 15-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AND IMPOSING THE "UPTOWN TEMECULA SPECIFIC PLAN NEW STREETS IN-LIEU FEE" CITY COUNCIL BUSINESS 23 Appoint Member to the Planning Commission - 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 McCracken, Naggar, Rahn, Comerchero and Edwards. RECOMMENDATION: 23.1 That the City Council appoint Gary Watts to the Planning Commission. 24 Appointment of Mayor and Mayor Pro Tem for Calendar Year 2016 - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion to appoint Council Member Naggar as Mayor and Council Member Edwards as Mayor Pro Tem; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members McCracken, Naggar, Rahn, Comerchero and Edwards. RECOMMENDATION: 24.1 Appoint the Mayor, effective January 1, 2016, to preside until December 31, 2016; 24.2 Appoint the Mayor Pro Tem, effective January 1, 2016, to hold this office until December 31, 2016. Action Minutes 120815 9 DEPARTMENTAL REPORTS ' 25 Public Works Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson reported that by a 5/0 vote, the City Council directed the City Attorney to respond to the complaint in the Sharpen Foundation Lawsuit against Attorney General Harris and the City Attorney of Temecula. ADJOURNMENT At 10:24 PM, the City Council meeting was formally adjourned to Tuesday, January 12, 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 Memory of the San Bernardino Victims i J� (omehchero, Mayor I ATTE Ran ohl, Ci erk [SEAL] 1 Action Minutes 120815 10