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Home My WebLink About111312 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET NOVEMBER 13, 2012 5:30 PM CLOSED SESSION 7:00 PM REGULAR SESSION � . 5:30 P.M. — 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) The Council will meet in closed session for a public employee performance evaluation for the incumbent position of City Manager pursuant to Government Code Section 54957. . ' 2) Conference with Legal Counsel—Potential Litigation. The City Council will meef in closed session with the City Attorney pursuant to Government Code Section 54956.9(b) with respect to one matter of potential litigation. With respect to such matter, the City Attorney has determined that based on existing facts and circumstances a point has been reached where there is a significant exposure to litigation involving the City. . 3) Conference with Legal Counsel—Existing Litigation. The City Council will meet in closed session with City Attorney pursuant to Government Code Section 54956.9(a) with respect to the following matter of pending.Jitigation concerning the� Certified EIR for the Liberty Quarry ; project to which the City is the Plaintiff/Petitioner: "City of Temecula v. County of Ri�erside, et. al., Granite Construcfion Co: et, al., real party in interest" Riverside County Superior Court No. RIC 1211312. , , . � 4) Conference with Legal Counsel—Existing Litigation. The City Council will meet in closed session with City Attorney pursuant to Government Code Section 54956.9(a) with respect to the following matter of pending litigation concerning the Riverside County Fast Track Policy to which the City is the Plaintiff/Petitioner: "City of Temecula v. County of Riverside, et. al.," Riverside County Superior Court No. RIC 1215119. Public Information concerning existing litigation between the City and •various parties may be acquired by reviewing the public documents held by the City Clerk. This Closed Session may need to be completed at the end of the Regular Meeting in the Heritage Conference Room. . At 5:30 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 7:04 P.M. CALL TO ORDER: Mayor Chuck Washington Action Minutes 111312 1 Prelude Music: Cassidy Hsieh Invocation:' Ghazala Jones of Baha'i Community of Temecula Flag Salute: Council Member Roberts ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTATIONS/PROCLAMATIONS Certificate of Appreciation to Temecula Vallev Woman's Club Familv Nicaht in Temecula Proclamation Presentation bv Army Corp of Enqineers — Murrieta Creek PUBLIC COMMENTS The following individuals addressed the City Council: • Len Borok • Jimmy Moore 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 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 (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of October 23, 2012. Action Minutes 111312 2 3 List of Demands - Approved staff recommendation (5-0-0) Council Member Naggar 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. 12-76 , 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 September 30, 2012 - Approved staff recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of September 30, 2012. 5 Aqreement with Trauma Intervention Proqram of Southwest Riverside County, Inc. - Approved staff recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Approve the Sponsorship Agreement in the amount of $5,000 with Trauma Intervention Program of Southwest Riverside County, Inc. 6 Aqreement with Innovative Document Solutions for the lease of Canon copiers - Approved staff recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Approve a five-year agreement with Innovative Document Solutions (IDS) for the lease of seven replacement Canon copiers for an annual amount of $14,908, and for the lease of one new Canon copier for an annual amount of $3,216 for a total contract amount of $90,620. Action Minutes 111312 3 7 Fee Reimbursement Aqreement with Jones/Blumenthal Temecula Real Propertv LLC- Approved staff recommendation (4-0-1, Mayor Washington abstained) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval, with Mayor Washington abstaining. Mayor Washington abstained due to the fact that he has an interest in residential real property that is located within 500 feet of the site of the dealership that is the subject of this Agreement. Mayor Washington did not leave the dais because this Item was not removed from the Consent Calendar and the Council did not discuss the Item. RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 12-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED FEE REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND JONES/BLUMENTHAL TEMECULA REAL PROPERTY LLC 8 Purchase of Utilitv Compactor (Roller) - Approved staff recommendation (5-0-0) , Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Approve an agreement with Atlas Copco CMT USA LLC for the purchase of a Dynapac CC1200C Utility Compactor (Roller) for a total amount of $42,402.86. 9 Graffiti Abatement Restitution Rates - Approved staff recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 12-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING RESTITUTION RATES FOR GRAFFITI ABATEMENT PROGRAM COSTS AND EXPENSES Action Minutes 111312 4 10 Grants of Easement and Access Easement to Rancho California Water District for Installation of a Groundwater Monitoring Well (located within Temecula Creek Trail Park - Approved staff recommendation (5-0-0) Council Member Naggar 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. 12-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GRANT OF EASEMENT AND A GRANT OF ACCESS EASEMENT BETWEEN THE CITY OF TEMECULA AND RANCHO CALIFORNIA WATER DISTRICT IN CONNECTION WITH A PROPOSED GROUNDWATER MONITORING WELL LOCATED WITHIN TEMECULA CREEK TRAIL PARK 10.2 Direct the City Clerk to forward the approved Grants of Easement and Access , Easement to Rancho California Water District for their acceptance and recordation. 11 Fourth Amendment to the Professional Enqineerinq Services Aqreement with RBF Consultinq for the Desiqn of the I-15/SR-79 South Ultimate Interchanqe, PW04-08 - Approved staff recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 11.1 Approve the Fourth Amendment to the Agreement for Professional Engineering Services with RBF Consulting for additional engineering, right of way, and environmental activities on the I-15/SR-79 South Ultimate Interchange Project, in the amount of $316,000. 12 Second Amendment to the Professional Services Agreement with Harris and Associates for the Desiqn of the Pavement Rehabilitation Proqram, PW10-05 - Approved staff recommendation (5-0-0) Council Member Naggar made the motion; it was � seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 12.1 Approve the Second Amendment to the agreement with Harris and Associates in an amount not to exceed $17,855 for additional services to complete the improvement plans for Winchester Road, Rancho California Road, and Rancho Vista Road, PW 10-05; 12.2 Authorize an increase to the contingency in the amount of $1,785.50. Action Minutes 111312 5 13 First Amendment to the Consultant Services Aqreement for the Old Town Temecula Communitv Theater Remediation, PW12-04 - Approved staff recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 13.1 Approve the First Amendment to the Consultant Services Agreement with Randy Meyer, dba Meyer and Associates in the amount of $228,895 for design and construction services associated with the Old Town Temecula Community Theater Remediation, PW12-04; 13.2 Authorize an increase to the contingency in the amount of $22,889.50. RECESS At 8:06 P.M., the City Council recessed and convened as the Temecula Community Services District and the Successor Agency to the Temecula Redevelopment Agency. At 8:08 P.M., the City Council resumed with regular business. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 17 A General Plan Amendment to chanqe the land use desiqnation from Medium Density Residential to Hiqh Densitv Residential, a Zoninq Text Amendment to revise the text for Planned Development Overlav-11 (PDO-11), a Development Plan to construct 120 apartment units, and a Mitigated Neqative Declaration for a 7.24 acre site, located at the northeast corner of Mira Loma Drive and Rancho Vista Road (Planninq Application Nos. PAl2-0034 and PAl2-0033) - Continued the public hearing to the meeting of January 8, 2013. Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected unanimous approval. RECOMMENDATION: 17.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 12- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO THE GENERAL PLAN TO CHANGE THE LAND USE PLAN MAP FROM MEDIUM DENSITY RESIDENTIAL (M) TO . HIGH DENSITY RESIDENTIAL (H) AND A ZONING TEXT AMENDMENT TO REVISE THE TEXT FOR PLANNED DEVELOPMENT OVERLAY-11 (PDO-11) FOR 7.24 ACRES LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA DRIVE (PLANNING APPLICATION NO. PAl2-0034) (APN 944-060-006) Action Minutes 111312 6 17.2 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION FOR THE MIRA LOMA APARTMENTS LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA DRIVE (PLANNING APPLICATION NO. PAl2-0033) (APN 944-060-006) 17.3 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR A GENERAL PLAN AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL (M) TO HIGH DENSITY RESIDENTIAL (H); A ZONE CHANGE TO REVISE THE TEXT FOR PLANNED DEVELOPMENT OVERLAY-11 (PDO-11); AND A DEVELOPMENT PLAN TO CONSTRUCT 120 APARTMENT UNITS ON 7.24 ACRES LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA DRIVE (APN 944- 060-006) By way of a Power Point presentation, Senior Planner, Stuart Fisk present the staff report as per agenda material. The public hearing was opened and the following individuals addressed the City Council: • Ginger Hitzke • Robert Oder • Jon Lieberg • Monica Sams Oder • Tamar Stein, Esq. • Wayne Hall • A.G. Kading • Andrea Karrer • Eileen Doktorski Action Minutes 111312 7 18 Community Service Fundinq Proqram for Fiscal Year 2012-13 Approved Staff Recommendation to fund $5,000 of Community Service Funding to the Boys and Girls Club of Southwest County. (4-0-1, Council Member Edwards absent). The motion was made by Council Member Naggar, seconded by Council Member Comerchero; and electronic vote reflected approval with Council Member Edwards absent. Council Member Edwards left the Council Chamber and did not participate in the discussion of the funding for the Boys and Girls Club of Southwest County because she is the Executive Director of the Boys and Girls Club of Southwest County which is a 501(c)(3) charitable non-profit organization. Approved Staff Recommendation to fund $5,000 of Community Service Funding to Habitat for Humanity. (4-0-1, Council Member Roberts absent). The motion was made by Council Member Naggar; seconded by Council Member Comerchero; and electronic vote reflected approval, with Council Member Roberts absent. Council Member Roberts left the Council Chamber and did not participate in the discussion of the funding for Habitat for Humanity because he is on the Board of Directors of Habitat for Humanity which is a 501(c)(3) charitable non-profit organization. Approved Staff Recommendation to fund $5,000 of Community Service Funding to All from the Heart. (4-0-1, Mayor Washington absent). The motion was made by Council Member Edwards; seconded by Council Member Comerchero; and electronic vote reflected approval, with Mayor Washington absent. Mayor Washington left the Council Chamber and did not participate in the discussion of the funding for All from the Heart because All from the Heart is a source of income to a business, Mittry & Washington Enterprises, dba California T's, in which Mayor Washington has a financial interest. Approve remainder of staff recommendation (5-0-0) The motion was made by council Member Naggar; it was seconded by Council member Edwards; and � electronic vote reflected unanimous approval. RECOMMENDATION: 18.1 Review and approve the Fiscal Year 2012-13 Community Service Funding Program grants pursuant to the attached spreadsheet outlining the Ad Hoc Subcommittee's recommendation of $67,500 to 14 organizations, which includes an appropriation of $7,500 to the Community Service Funding Program from the " General Fund available fund balance; 18.2 Authorize the Community Service Funding Program Ad Hoc Subcommittee to research opportunities that may broaden City programs in order to support various community needs that remain unfunded by the Community Service" Funding Program. Action Minutes 111312 8 CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that with respect to the Special Meeting Closed Session Item, City Council unanimously voted to place City Manager, Bob Johnson, on administrative leave and confirmed Aaron Adams as the Acting City Manager. City Council will formally consider dismissal of the City Manager and appointment of an Acting City Manager at its regular meeting of November 27, 2012. As for the three remaining closed session items, City Thorson advised there were no reportable actions under the Brown Act. ADJOURNMENT At 10:41 P.M., the City Council meeting was formally adjourned to Tuesday, November 27, 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---- , � � � j � ' � � � �/ ��_� :- � / huck Wa�ton, Mayor ATTEST: � Susan . Jones, MMC it k [SEAL] Action Minutes 111312 9