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Home My WebLink About121013 CC Action MinutesACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET DECEMBER 10, 2013 — 7:00 PM The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Mike Naggar Prelude Music: The Capriccio Flute Choir Invocation: Bishop Gregory Alexander, Senior Pastor /Overseer of Mount Zion House of Prayer Flag Salute: Robert Carter ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar PRESENTATIONS /PROCLAMATIONS Presentation to Retiring City Clerk Susan Jones Presentation to Retiring Community Development Director Patrick Richardson PUBLIC COMMENTS The following individuals addressed the City Council: • Stephen Eldred • Wayne Hall CITY COUNCIL REPORTS CONSENT CALENDAR • Wayne Hall addressed the Council on Item 6. 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (4 -0 -1, Council Member Washington absent) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with one absence. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Action Minutes 121013 1 1 2 Action Minutes — Approved Staff Recommendation (4 -0 -1, Council Member Washington absent) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with one absence. RECOMMENDATION: 2.1 Approve the action minutes of November 26, 2013. 3 List of Demands — Approved Staff Recommendation (4 -0 -1, Council Member Washington absent) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with one absence. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 13 -61 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 October 31, 2013 — Approved Staff Recommendation (4 -0 -1, Council Member Washington absent) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with one absence. RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of October 31, 2013. 5 Financial Statements for the 1 st Quarter Ended September 30, 2013 — Approved Staff Recommendation (4 -0 -1, Council Member Washington absent) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with one absence. RECOMMENDATION: 5.1 Receive and file the Financial Statements for the 1 st Quarter Ended September 30, 2013. 6 Resolution Supporting the Bay Delta Conservation Plan — Approved Staff Recommendation (4 -0 -1, Council Member Washington absent) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with one absence. Action Minutes 121013 1 RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 13 -62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA IN SUPPORT OF THE BAY DELTA CONSERVATION PLAN, RELIABLE WATER SUPPLIES, AND ENVIRONMENTAL RESTORATION 7 Approval of the Increase to the Construction Contract Contingency for Main Street Bridge Over Murrieta Creek, PW03 -05 — Approved Staff Recommendation (4 -0 -1, Council Member Washington absent) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with one absence. RECOMMENDATION: 7.1 Approve the increase to the construction contingency of the contract for the Main Street Bridge Over Murrieta Creek (Replacement), PW03 -05, in the amount of $57,627.23, and adjust the City Manager's administrative approval authority accordingly. 8 First Amendment to Agreement with BonTerra Consulting for Murrieta Creek Bridge and Overland Drive Extension, PW00 -26 — Approved Staff Recommendation (4 -0 -1, Council Member Washington absent) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with one absence. RECOMMENDATION: 8.1 Approve the First Amendment to the Agreement for environmental consulting services with BonTerra Consulting, in the amount of $82,755, for Murrieta Creek Bridge and Overland Drive Extension, PW00 -26; 8.2 Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $8,275.50, which is equal to 10% of the amendment amount; 8.3 Approve the extension of the agreement term to December 31, 2014. 9 Approval of Tract Map 36212 (located at the southwest corner of De Portola Road and Meadows Parkway) — Approved Staff Recommendation (4 -0 -1, Council Member Washington absent) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with one absence. Action Minutes 121013 ,I RECOMMENDATION: 9.1 Approve Tract Map 36212 in conformance with the Conditions of Approval; 9.2 Approve the Subdivision Monument Agreement and accept the Subdivision Monument Bond as security for the Agreement. 10 Approval of Plans. Specifications. and Authorization to Solicit Construction Bids for Murrieta Creek Bridge — Overland Drive Phase 1 Street Improvements, PW00 -26 — Approved Staff Recommendation (4 -0 -1, Council Member Washington absent) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with one absence. RECOMMENDATION: 10.1 Approve the plans, specifications, and authorize the Department of Public Works to solicit construction bids for Murrieta Creek Bridge — Overland Drive Phase 1 Street Improvements, PW00 -26. RECESS At 8:06 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting and Successor Agency to the Temecula Redevelopment Agency. At 8:32 P.M., the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 17 Amendment of the 2013 California Building and Fire Codes — Approved Staff Recommendation regarding Items 17.1, 17.2, 17.4 and 17.5 (4 -0 -1, Council Member Washington absent) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with one absence. Approved Staff Recommendation regarding Item 17.3 (4 -0 -1, Council Member Washington absent) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with one absence. Approved Staff Recommendation regarding Item 17.6 (4 -0 -1, Council Member Washington absent) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with one absence. Action Minutes 121013 RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 13 -63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE 2013 CALIFORNIA BUILDING, PLUMBING, MECHANICAL, AND ELECTRICAL CODES, AS ADOPTED BY THE CITY OF TEMECULA, ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL, OR TOPOGRAPHICAL CONDITIONS 17.2 Second reading and adoption of the Ordinance introduced November 12, 2013 entitled: ORDINANCE NO. 13 -06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 15.04.010 THROUGH 15.04.080, INCLUSIVE, OF THE TEMECULA MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2013 EDITION OF THE CALIFORNIA BUILDING CODE, THE 2013 EDITION OF THE CALIFORNIA HISTORICAL BUILDING CODE, THE 2013 EDITION OF THE CALIFORNIA EXISTING BUILDING CODE, THE 2013 EDITION OF THE CALIFORNIA ELECTRICAL CODE; THE 2013 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE 2013 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 2013 EDITION OF THE CALIFORNIA ADMINISTRATIVE CODE; AND THE 2013 EDITION OF THE CALIFORNIA ENERGY CODE, 2013 EDITION OF THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2013 EDITION OF THE CALIFORNIA REFERENCED STANDARDS CODE, AND THE 2013 EDITION OF THE CALIFORNIA RESIDENTIAL CODE, TOGETHER WITH CERTAIN AMENDMENTS AND DELETIONS TO SAID CODES, AND AMENDING SECTION 15.02.060 OF THE TEMECULA MUNICIPAL CODE RELATING TO PENALTIES AND REMEDIES FOR VIOLATIONS OF TITLE 15 OF THE CODE, BUILDINGS AND CONSTRUCTION 17.3 Adopt by 4 /5th vote the following urgency ordinance: URGENCY ORDINANCE NO. 13 -09 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 15.04.010 THROUGH 15.04.080, INCLUSIVE, OF THE TEMECULA MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2013 EDITION OF THE CALIFORNIA BUILDING CODE, THE 2013 EDITION OF THE CALIFORNIA HISTORICAL BUILDING CODE, THE 2013 EDITION OF THE CALIFORNIA EXISTING BUILDING CODE, THE 2013 EDITION OF THE CALIFORNIA ELECTRICAL CODE; THE 2013 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE 2013 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 2013 EDITION OF THE CALIFORNIA ADMINISTRATIVE CODE; AND THE 2013 EDITION OF THE CALIFORNIA ENERGY CODE, 2013 EDITION OF THE CALIFORNIA GREEN Action Minutes 121013 BUILDING STANDARDS CODE, 2013 EDITION OF THE CALIFORNIA REFERENCED STANDARDS CODE, AND THE 2013 EDITION OF THE CALIFORNIA RESIDENTIAL CODE, TOGETHER WITH CERTAIN AMENDMENTS AND DELETIONS TO SAID CODES, AMENDING SECTION 15.02.060 OF THE TEMECULA MUNICIPAL CODE RELATING TO PENALTIES AND REMEDIES FOR VIOLATIONS OF TITLE 15 OF THE CODE, BUILDINGS AND CONSTRUCTION, AND DECLARING THE URGENCY THEREOF 17.4 Adopt a resolution entitled: RESOLUTION NO. 13 -64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE CALIFORNIA FIRE CODE, 2013 EDITION, ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL AND /OR TOPOGRAPHICAL CONDITIONS 17.5 Second reading and adoption of the Ordinance introduced November 12, 2013 entitled: ORDINANCE NO. 13 -07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING BY REFERENCE THE 2013 EDITION OF THE CALIFORNIA FIRE CODE BASED ON THE 2012 INTERNATIONAL FIRE CODE, IN ITS ENTIRETY, REGULATING AND GOVERNING THE SAFEGUARD OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF TEMECULA, INCLUDING CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS, AND PROVIDING FOR THE ISSUANCE OF PERMITS AND THE COLLECTION OF FEES 17.6 Adopt by a 4 /5th vote the following urgency ordinance: URGENCY ORDINANCE NO. 13 -08 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING BY REFERENCE THE 2013 EDITION OF THE CALIFORNIA FIRE CODE, IN ITS ENTIRETY, BASED ON THE 2012 INTERNATIONAL FIRE CODE, AND PORTIONS OF THE INTERNATIONAL FIRE CODE, 2012 EDITION, REGULATING AND GOVERNING THE SAFEGUARD OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF TEMECULA, INCLUDING Action Minutes 121013 CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS, PROVIDING FOR THE ISSUANCE OF PERMITS AND THE COLLECTION OF FEES, AND DECLARING THE URGENCY THEREOF 18 AB 1600 Financial Reports — Approved Staff Recommendation (4 -0 -1, Council Member Washington absent) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with one absence. RECOMMENDATION: 18.1 Approve the AB 1600 Financial Reports for fiscal year ending June 30, 2013. CITY COUNCIL BUSINESS 19 Appointment of Mayor and Mayor Pro Tern for Calendar Year 2014 — Council Member Naggar made the motion to appoint Maryann Edwards to serve as Mayor for Calendar Year 2014; and Jeff Comerchero to serve as Mayor Pro Tern through Calendar Year 2014; The motion was seconded by Council Member Roberts; and electronic vote reflected approval with Council Member Washington absent. RECOMMENDATION: 19.1 Entertain motions from the City Council Members to appoint the Mayor, effective January 1, 2014, to preside until the end of Calendar Year 2014; 19.2 Entertain motions from the City Council Members to appoint the Mayor Pro Tem, effective January 1, 2014, who will assume the duties of the Mayor in the Mayor's absence, and hold this office until the end of the Calendar Year 2014. 20 Community Services Commission Appointments — Approved Staff Recommendation (4 -0 -1, Council Member Washington absent) Council Member Comerchero made the motion to re- appoint Michael McCracken and appoint Eric Willis to serve for full three -year terms; The motion was seconded by Council Member Edwards; and electronic vote reflected approval with one absence. RECOMMENDATION: 20.1 Appoint two applicants to serve full three -year terms on the Community Services Commission through October 10, 2016. 21 Public/Traffic Safety Commission Appointment — Approved Staff Recommendation (4 -0 -1, Council Member Washington absent) Council Member Edwards made the motion to re- appoint David Coram and appoint James Richardson to serve for full three -year terms; The motion was seconded by Council Member Edwards; and electronic vote reflected approval with one absence. RECOMMENDATION: 21.1 Appoint two applicants to serve full three -year terms on the Public/Traffic Safety Commission through October 10, 2013. Action Minutes 121013 1 22 Selection and Appointment of Local Task Force Members to the City Council Action Committee for Health and Family Safety — Approved Staff Recommendation (4 -0 -1, Council Member Washington absent) Council Member Comerchero made the motion it was seconded by Council Member Edwards; and electronic vote reflected approval with one absence. Council Member Naggar selected Rachel Budd and Andrew Doan, Council Member Comerchero selected Matthew Harrigan and Alex Willcox, Council Member Washington selected Rebecca Andrews and Cheryl Eckard, Council Member Edwards selected BarbaraTooker and Rhonda Reinke and Council Member Roberts selected Elizabeth Harrigan and will submit his second choice within the following week. RECOMMENDATION: 22.1 Each Council Member appoint two Temecula residents to serve as members of the Local Task Force Action Committee for Health and Family Safety. DEPARTMENTAL REPORTS 23 City Council Travel /Conference Report - November 2013 CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson announced there was nothing to report. ADJOURNMENT At 8:58 P.M., the City Council meeting was formally adjourned to Tuesday, January 14, 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. F res, CMt. Acting City Clerk [SEAL] Action Minutes 121013 Michael S. Naggar, Ma