HomeMy WebLinkAbout012616 CC Action Minutes ACTION MINUTES
TEMECULA CITY COUNCIL
REGULAR MEETING
CITY COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
JANUARY 26, 2016–7:00 PM
6:00 PM - The City Council convened in Closed Sessionin the Canyons Conference
Room on the third floor of the Temecula City Hall concerning the following matters:
1. 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 one matter of pending litigation`. The People of the
State of California and City :of Temecula v. _Cooperative Patient Services, et., al.,
Riverside County Superior Court No. RIC 1103777.
2. Conference with Legal I Counsel—Pendinq Litigation. The City Council will meet in
closed session with the City's Workers' Compensation Contract Attorney pursuant
to Government Code Section 54956.9(d)(2) with respect to two ,matters of pending
litigation: Resolution of Workers'Compensation claims pursuant to Title 8 California
' Code of Regulations sections 10393, 10878, 10870, et. seq., and Labor Code
sections 5502, 5001, et seq. A point has been reached where, in the opinion:of the
City's Worker's Compensation Attorney, based on existing facts and circumstances,
there is a significant exposure to litigation against ihei City.
At 6:00 PM Mayor Naggar 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 PM
CALL TO ORDER: Mayor Mike Naggar
Prelude Music: Margaret Meyncke
Invocation: Pastor Jim Diaz of Reliance Church
Flag Salute: Mayor Pro Tern Maryann Edwards
ROLL CALL: Comerchero, Edwards, McCracken, Rahn, Naggar
PRESENTATIONS/PROCLAMATIONS
Presentation of Gavel from Outgoing Mayor Jeff Comerchero to Incoming Mayor Mike
' Naggar
Presentation of Proclamation for National Wear Red Day to American Heart Association
Action Minutes 012616 1
Presentation of Certificate of Achievement to Tyler James Waterman of Troop #337 for
' Attaining the Rank of Eagle Scout
Presentation of Certificates of Achievement to Great Oak High School Cross Country
Teams
PUBLIC COMMENTS
The following individuals addressed the City Council:
• Pat McCobb
CITY COUNCIL REPORTS
CONSENT CALENDAR
1 Waive Reading of Standard Ordinances and Resolutions - Approved Staff
Recommendation (5-0) Council Member Comerchero made the motion; it was
seconded by Council Member Edwards; and electronic vote reflected approval by
Council Members Comerchero, Edwards, McCracken, Rahn and Naggar.
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 January 12, 2016 — Approved Staff Recommendation
(5-0) Council Member Comerchero made the motion; it was seconded by Council
Member Edwards; and electronic vote reflected approval by Council Members
Comerchero, Edwards, McCracken, Rahn and Naggar.
RECOMMENDATION:
2.1 That the City Council approve the action minutes of January 12, 2016.
3 Approve the List of Demands - Approved Staff Recommendation (5-0) Council
Member Comerchero made the motion; it was seconded by Council Member
Edwards; and electronic vote reflected approval by Council Members
Comerchero, Edwards, McCracken, Rahn and Naggar.
RECOMMENDATION:
3.1 That the City Council adopt a resolution entitled:
RESOLUTION NO. 16-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
' TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
Action Minutes 012616 2
4 Adopt Ordinance 16-01 Adding Chapter 8.52, Mariivana Cultivation, to the Temecula
' Municipal Code Prohibiting Cultivation of Marijuana in the City. Amending the Zoning
Ordinance Prohibiting Marijuana Cultivation In All Zones, Amending the Definition of
Enforcement Official and Finding this Ordinance is Exempt from the California
Environmental Quality Act Pursuant To CEQA Guidelines, Section 15061(B)(3)
(Second Reading) - Approved Staff Recommendation (5-0) Council Member
Comerchero made the motion; it was seconded by Council Member Edwards; and
electronic vote reflected approval by Council Members Comerchero, Edwards,
McCracken, Rahn and Naggar.
RECOMMENDATION:
4.1 That the City Council adopt an ordinance entitled:
ORDINANCE NO. 16-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER 8.52, MARIJUANA
CULTIVATION, TO THE TEMECULA MUNICIPAL CODE TO
PROHIBIT THE CULTIVATION OF MARIJUANA IN THE CITY,
AMENDING THE ZONING ORDINANCE TO PROHIBIT
MARIJUANA CULTIVATION IN ALL ZONES, AMENDING THE
DEFINITION OF ENFORCEMENT OFFICIAL AND FINDING
THAT THIS ORDINANCE IS EXEMPT FROM THE
' CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT
TO CEQA GUIDELINES, SECTION 15061(8)(3)
5 Approve an Agreement with the County of Riverside for Law Enforcement Services -
Approved Staff Recommendation (5-0) Council Member Comerchero made the
motion; it was seconded by Council Member Edwards; and electronic vote
reflected approval by Council Members Comerchero, Edwards, McCracken, Rahn
and Naggar.
RECOMMENDATION:
5.1 That the City Council approve an Agreement with the County of Riverside for
Law Enforcement Services.
6 Approve Sponsorship Agreement with the Inland Valley Business Community
Foundation (IVBCF) for Fashion Week Event — April 14 — 16. 2016 for In-kind
Promotional Services for Fiscal Year 2015-16 (At the Direction of the Economic
Development Committee Mayor Pro Tern Edwards and Council Member Comerchero) -
Approved Staff Recommendation (5-0) Council Member Comerchero made the
motion; it was seconded by Council Member Edwards; and electronic vote
reflected approval by Council Members Comerchero, Edwards, McCracken, Rahn
and Naggar.
RECOMMENDATION:
' 6.1 That the City Council approve the Sponsorship Agreement with Inland Valley
Business Community Foundation (IVBCF) for in-kind promotional services
valued at $11,415 for Fashion Week event to be held April 14— 16, 2016.
Action Minutes 012616 3
7 Approve an Agreement with MDG Associates Inc. for the Preparation of the CDBG
' 2017-2021 Consolidated Plan and Analysis of Impediments to Fair Housing Choice -
Approved Staff Recommendation (5-0) Council Member Comerchero made the
motion; it was seconded by Council Member Edwards; and electronic vote
reflected approval by Council Members Comerchero, Edwards, McCracken, Rahn
and Naggar.
RECOMMENDATION:
7.1 That the City Council approve an Agreement with MDG Associates, Inc., in the
amount of $38,400, for the preparation of the CDBG 2017-2021 Consolidated
Plan and Analysis of Impediments to Fair Housing Choice.
8 Approve the Second Amendment to the Agreement for Consulting Services with
Environmental Science Associates for an Environmental Impact Report for the Altair
Specific Plan - Approved Staff Recommendation (5-0) Council Member
Comerchero made the motion; it was seconded by Council Member Edwards; and
electronic vote reflected approval by Council Members Comerchero, Edwards,
McCracken, Rahn and Naggar.
RECOMMENDATION:
8.1 That the City Council approve the Second Amendment to the Agreement for
Consultant Services with Environmental Science Associates, in the amount of
' $5,000, for a total agreement amount of $320,789, for the preparation of an
Environmental Impact Report for the Altair Specific Plan.
9 Approve Plans and Specifications, and Authorize the Solicitation of Construction Bids for
the Pavement Rehabilitation Program —Temecula Parkway (Bedford Court to Pechanga
Parkway). PW12-13 - Approved Staff Recommendation (5-0) Council Member
Comerchero made the motion; it was seconded by Council Member Edwards; and
electronic vote reflected approval by Council Members Comerchero, Edwards,
McCracken, Rahn and Naggar.
RECOMMENDATION:
9.1 Approve the Plans and Specifications, and Authorize the Department of Public
Works to Solicit Construction Bids for the Pavement Rehabilitation Program —
Temecula Parkway (Bedford Court to Pechanga Parkway), PW 12-13;
9.2 Make a finding that this project is exempt from CEQA per Article 19, Categorical
Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines.
RECESS
At 7:29 PM, the City Council recessed and convened as the Temecula Community Services
District Meeting and the Successor Agency to the Temecula Redevelopment Agency Meeting.
' At 7:35 PM, the City Council resumed with the remainder of the City Council Agenda.
Action Minutes 012616 4
RECONVENE TEMECULA CITY COUNCIL
' PUBLIC HEARING
12 Approve Planning Application Number PA15-0520 & PA15-0521. a Development Plan
and Conditional Use Permit to Allow for the Construction and Operation of a 4,285
Square Foot Car Wash Generally Located on the Northwest Corner of Jefferson Avenue
and Del Rio Road at 28111 Jefferson Avenue - Approved Staff Recommendation (5-
0) Council Member Edwards made the motion; it was seconded by Council
Member Comerchero; and electronic vote reflected approval by Council Members
Comerchero, Edwards, McCracken, Rahn and Naggar.
RECOMMENDATION:
That the City Council conduct a Public Hearing and:
12.1 Adopt a resolution entitled:
RESOLUTION NO. 16-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA15-0520, A DEVELOPMENT PLAN TO ALLOW FOR THE
CONSTRUCTION OF AN APPROXIMATELY 4,285 SQUARE
' FOOT CAR WASH GENERALLY LOCATED ON THE
NORTHWEST CORNER OF JEFFERSON AVENUE AND DEL
RIO ROAD AT 28111 JEFFERSON AVENUE, AND MAKING A
FINDING OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921-060-006)
12.2 Adopt a resolution entitled:
RESOLUTION NO. 16-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA15-0521, A CONDITIONAL USE PERMIT TO ALLOW FOR
THE OPERATION OF AN APPROXIMATELY 4,285 SQUARE
FOOT CAR WASH GENERALLY LOCATED ON THE
NORTHWEST CORNER OF JEFFERSON AVENUE AND DEL
RIO ROAD AT 28111 JEFFERSON AVENUE, AND MAKING A
FINDING OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921-060-006)
r
Action Minutes 012616 5
13 Review Ordinance No. 16-01 Relating to Section 8.52.060 Providing a Limited
' Exemption from Cultivation Prohibition for Qualified Patients - Approved Staff
Recommendation (5-0) Council Member Edwards made the motion; it was
seconded by Council Member Comerchero; and electronic vote reflected approval
by Council Members Comerchero, Edwards, McCracken, Rahn and Naggar. No
amendments were proposed to Ordinance No. 16-01. Council provided direction
to establish a task force and conduct a symposium on the topic and bring the
ordinance back for general review in one year or sooner if the need arises.
13.1 That the City Council review Ordinance No. 16-01 relating to Section 8.52.060
providing a limited exemption from cultivation prohibition for qualified patients
and provide additional direction to staff as deemed appropriate. If the Council
wishes to amend Section 8.52.060, any such amendment would require the
introduction and adoption of a new ordinance.
The following individuals addressed the City Council on this item:
• Martin Victor
• LaVonne Victor
• Larry Slusser
• Barbara Tuttle
• Pamela Epstein
• Ira Robinson
• Letitia Pepper
CITY COUNCIL BUSINESS
14 Approve the Annual Selection of City Council Committees for Calendar Year 2016 -
Approved Staff Recommendation (5-0) Council Member Comerchero made the
motion; it was seconded by Council Member McCracken; and electronic vote
reflected approval by Council Members Comerchero, Edwards, McCracken, Rahn
and Naggar.
RECOMMENDATION:
14.1 That the City Council consider and appoint members to serve on various City
Council Committees for calendar year 2016.
15 Approve Amendment to the Boards and Commissions Handbook Regarding the Role
and Authority of Board and Commission Members and Adopt Resolution Establishing
the Order of Business for Regularly Scheduled Meetings of the City Council (At the
Request of Council Member Matt Rahn) - Approved Staff Recommendation (5-0)
Council Member Rahn made the motion; it was seconded by Council Member
Comerchero; and electronic vote reflected approval by Council Members
Comerchero, Edwards, McCracken, Rahn and Naggar.
Action Minutes 012616 6
RECOMMENDATION:
' 15.1 That the City Council approve the amendment to the Boards and Commissions
Handbook regarding the role and authority of Board and Commission Members
and adopt the following resolution (at the request of Council Member Matt Rahn):
RESOLUTION NO. 16-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING THE ORDER OF BUSINESS FOR
REGULARLY SCHEDULED MEETINGS OF THE CITY
COUNCIL
16 Appoint Member to the Public/Traffic Safety Commission - Approved Staff
Recommendation (5-0) Council Member Comerchero made the motion; it was
seconded by Council Member McCracken; and electronic vote reflected approval
by Council Members Comerchero, Edwards, McCracken, Rahn and Naggar.
RECOMMENDATION:
16.1 That the City Council appoint Gregory Mann to the Public Traffic / Safety
Commission.
DEPARTMENTAL REPORTS
' 17 Community Development Department Monthly Report
18 Police Department Monthly Report
19 Public Works Department Monthly Report
CITY MANAGER REPORT
CITY ATTORNEY REPORT
City Attorney Thorson reported there is no final action to report in regards to the Closed Session
items.
Action Minutes 012616 7
ADJOURNMENT
At 10:26 PM, the City Council meeting was formally adjourned to Tuesday, February 9, 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 the Memory of
David Lowery
Michael S. Naggar, Mayor
ATTEST
' Randi Jlih erk
[SEAL]
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Action Minutes 012616 8