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Home My WebLink About062811 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JUNE 28, 2011 — 7:00 PM 5:30 P.M. — The City Council will- convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) The Council will discuss potential candidates for appointment to the position of City Manager pursuant to Government Code Section 54957. Public Information concerning existing litigation between the City and various parties ma be acquired b reviewin the ublic documents held'b the Cit Clerk. At 5:30 P.M., Mayor Roberts 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 Roberts Prelude Music: Anthony Agbay Invocation: Pastor Tony Foster of True Vine Pentecostal Church Flag Salute: Mayor Pro Tem Washington ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PUBLIC COMMENTS The following individuals addressed the City Council: • Lorina Bennett • Kathleen Hydrusko • James E. Horn • Donald Lambert • Wayne Hall CITY COUNCIL REPORTS Action Minutes\062811 1 CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; 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. 2 Action Minutes - Approved Staff Recommendation (4-0-1) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with the exception of Mayor Roberts who abstained RECOMMENDATION: 2.1 Approve the action minutes of June 14, 2011. 3 List of Demands- Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 11-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Trustee/Fiscal Aqent Services for fiscal year 2011-12 - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 4.1 Approve the expenditure of $45,310 for fiscal year 2011-12 trustee/fiscal agent services, provided by U.S. Bank, for the City's Community Facilities Districts (CFD), Assessment District (AD), Tax Allocation Bonds (TABs), and Certificates of Participation (COPs). Action Minutes\062811 2 5 Site Access for Research Aqreement within the Roripauqh Ranch Preserve - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 5.1 Approve the Agreement between the City of Temecula and the Regional Conservation Authority. 6 Aqreements for Plan Review Services for fiscal year 2011/2012 - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 6.1 Approve an Agreement for Plan Review Services with Bureau Veritas in the amount of $33,334; 6.2 Approve an Agreement for Plan Review Services with Esgil Corporation in the amount of $33,334; 6.3 Approve a Agreement for Plan Review Services with Tom Haney in the amount of $33,332. 7 Aqreement for Landscape Plan Check and Inspection Services for fiscal vear 2011/2012 - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 7.1 Approve an Agreement with Blanca Y. Price to perform Landscape Plan Check and Inspection Services for fiscal year 2011/2012 in the amount of $90,000. 8 Aareement for Federal Lobbyist - Approved Staff Recommendation (4-1-0) — Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Naggar who voted no RECOMMENDATION: 8.1 Approve a two-year contract for federal lobbying services with David Turch and Associates in an annual amount of $42,000. Action Minutes\062811 3 9 Aqreement for State Lobbvist - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 9.1 Approve a two-year contract for state lobbying services with Ellison Wilson Group, LLC in an annual amount of $42,000. 10 Opposition to Assemblv Bill 438 (Williams), at the request of Mavor Pro Tem Washinqton - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 11-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO OPPOSE ASSEMBLY BILL 438 (WILLIAMS) WHICH, tF PASSED, WOULD INCREASE NOTIFICATION REQUIREMENTS FOR THOSE CITIES AND OTHER ENTITIES THAT WANT TO OPT OUT OF THE COUNTY FREE LIBRARY SYSTEM TO OUTSOURCE THE ADMINISTRATION AND OPERATION OF THEIR LIBRARIES TO A PRIVATE, FOR PROFIT COMPANY 11 Amendments to Annual Aqreements for various services required bv the Public Works Maintenance Division for fiscal vear 2011/2012 - Approved Staff Recommendation (5- 0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 11.1 Approve the following amendments to annual agreements in the amounts stated for fiscal year 2011/2012 for routine street maintenance and emergency services for various Maintenance Division needs. General Engineering Contractor Services: Becker Engineering $200,000 HazMat Trans, Inc. $ 30,000 Imperial Paving $200,000 NPG $ 50,000 Republic ITS $ 30,000 Traffic Striping: Pacific Striping $100,000 Property Maintenance: � Rene's Commercial $200,000 Action Minutes\062811 4 12 Award of a Construction Contract for the Citvwide Slurrv Seal Project FY2010-11, Chardonnav Hills and a Portion of Paseo Del Sol, Project No. PW11-02 - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 12.1 Award the construction contract, effective July 1, 2011, for Project No. PW11-02, Citywide Slurry Seal Project FY 2010-11, Chardonnay Hills and a Portion of Paseo Del Sol, to American Asphalt South, Inc. in the amount of $257,837.34; 12.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $64,459.34 which is equal to 25% of the contract amount; 12.3 Make a finding that the Citywide Slurry Seal Project FY 2010-11 is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 13 Award a Construction Contract for the Citvwide Concrete Repairs - FY2010-11, Project No. PW11-03 - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 13.1 Award a construction contract, effective July 1, 2011, for Citywide Concrete Repairs - FY2010-11, Project No. PW11-03, to B&T Works, Inc. in the amount of $280,721; 13.2 Authorize the City Manager to approve change orders up to 25% of the contract amount of $70,180.25; 13.3 Make a finding that the Citywide Concrete Repairs - FY2010-11 project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 14 Acceptance of Grant Deed of Vail Ranch Open Space Lots - Approved Staff � Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 14.1 Approve and accept the Grant Deed for Lots 71 and 72 in Tract 28480 and Lots 77, 78 and 79 in Tract 23174-3. Action Minutes\062811 5 At 7:37 P.M., the City Council convened as the Temecula Community Services District, the Redevelopment Agency, the Temecula Public Financing Authority, and the Temecula Public Financing Authority. At 7:45 P.M., the City Council resumed with regular business. PUBLIC HEARING 19 Long Ranqe Planning Proiect No. LR11-0002, an Ordinance amendinq Title 17 of the Temecula Municipal Code to establish a qrocedure to request a reasonable accommodation, desiqnate residential care facilities serving six or fewer persons as a permitted use, and authorize the Planning Commission to review aqpeals of the Planninq Director's decision - Approved Staff Recommendation (5-0-0) — Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: 19.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 11-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A PROCEDURE TO REQUEST A REASONABLE ACCOMMODATION FROM THE CITY'S ZONING AND LAND USE POLICIES, DESIGNATING RESIDENTIAL CARE FACILITIES SERVING SIX OR FEWER PERSONS AS A PERMITTED USE IN RESIDENTIAL ZONING DISTRICTS, AUTHORIZING THE PLANNING COMMISSION TO REVIEW APPEALS OF THE PLANNING DIRECTOR'S DECISIONS, AND AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE (LONG RANGE PLANNING PROJECT NO. LR11-0002) Planning and Redevelopment Director Richardson presented the staff report (as per agenda material). There being no public comments, the public hearing was closed. 20 An extension to the adopted Interim Urqency Ordinance for a Citywide moratorium on the approval of Conditional Use Permits for businesses to sell alcoholic beveraqes for off sale consumption (LR11-0007) - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 20.1 Adopt an interim urgency ordinance entitled: Action Minutes\062811 6 URGENCY ORDINANCE NO. 11-04 AN EXTENSION TO THE INTERIM ORDINANCE OF THE CITY OF TEMECULA PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 IMPOSING A MORATORIUM UPON THE APPROVAL OF CONDITIONAL USE PERMITS FOR BUSINESSES REQUIRING ' CONDITIONAL USE PERMITS TO SELL ALCOHOLIC BEVERAGES FOR OFF SA�E CONSUMPTION IN THE CITY OF TEMECULA 20.2 Adopt this staff report. As per agenda material, Planning and Redevelopment Director presented the staff report. At this time, the public hearing was opened and the following individuals addressed the City Council speaking in opposition to the recommendation: • Dr. Sam Jihad • Leonardo Alderto Segura • John Davis • Eric Roersvey • Roger Martinez • Ray McGee • Juan Varona • David Driesler • Rodney D. Moore, Jr. • Deanna Moore • Steven Alonzo • Erica Alonso • Scott Roser • Matthew Bell • Paul Evans • Gordon L. Dapkus • Kat McHenry • Luis Huerta • David Adari • Chris Frankenberger • Julian Shabo • Mark Navarro The following individual spoke in support of staff's recommendation: • Wayne Hall The public hearing was closed. Action Minutes\062811 7 CITY COUNCIL BUSINESS 21 Planninq Commission Appointment — Appointed Carl Carey (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 21.1 Appoint one applicant to serve a full three-year term on the Planning Commission through June 15, 2014. 22 Old Town Local Review Board Appointments — Appointed Peg Moore and Gary Watts (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 22.1 Appoint two applicants to serve full three-year terms on the Old Town Local Review Board through June 15, 2014. 23 Congressional Redistrictinq Recommendations - Approved Staff Recommendation (5- 0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: 23.1 Adopt a resolution entitled: RESOLUTION NO. 11-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OPPOSING THE PROPOSED CALIFORNIA CITIZENS REDISTRICTING COMMISSION'S RECOMMENDATION TO DIVIDE THE CITY OF TEMECULA INTO TWO SEPARATE CONGRESSIONAL ELECTION BOUNDARIES AND REQUESTING THAT ALL OF THE CITY OF TEMECULA BE INCLUDED IN THE NEW PRS/I-15 CORRIDOR CONGRESSIONAL DISTRICT WITHIN RIVERSIDE COUNTY Planning and Redevelopment Director Richardson provided an overview of the staff report (as per agenda material). Mr. Wayne Hall addressed the City Council with regard to this matter. DEPARTMENTAL REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that there were no reportable actions Action Minutes\062811 8 ADJOURNMENT At 8:45 P.M., the City Council meeting was formally adjourned to Tuesday, July 12, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Ron Roberts, Mayor ATTEST: Susan . Jones, MC ' CI k [SEALj Action Minutes\062811 9