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Home My WebLink About080916 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA AUGUST 9, 2016– 7:00 PM 6:00 PM - 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. CONFERENCE WITH LEGAL COUNSEL—PENDING LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to the following matter of pending litigation: Los Ranchitos Homeowners Association v. City of Temecula, Riverside County Superior Court No. RIC1512880. 2. CONFERENCE WITH LEGAL COUNSEL—POTENTIAL 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 potential litigation involving the Claim of Brent Griffin on behalf of a minor (City Claim No. 14-018) pursuant to the Government Claims Act. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. a 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: Susan Miyamoto Invocation: Rabbi Yonasan Abrams of Chabad of Temecula Valley Flag Salute: Boy Scout Troop#911 ROLL CALL: Comerchero, Edwards, McCracken, Rahn, Naggar PRESENTATIONS/PROCLAMATIONS Presentation from the American Heart Association to the City of Temecula as a Gold-Fit- Friendly Worksite Presentation for the Riverside County District Attorney's Office Young Justice Program Presentation of Certificate of Recognition to Paradise Chevrolet Cadillac for Receiving General Motors Dealer of the Year and Business Elite Dealer of the Year Awards Action Minutes 080916 1 PUBLIC COMMENTS The following individuals addressed the City Council: • Kelly Alvarado • Kim Oakley • Mike Alvarado • Laura Sutton • Craig Puma • Rocky Osborn • Mark Cusak 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 McCracken; 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 July 26. 2016 and July 28, 2016 Special Meeting/Workshop - 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: 2.1 Approve the action minutes of July 26, 2016; 2.2 Approve the action minutes of July 28, 2016 Special Meeting/Workshop. 3 Approve the List of Demands - 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: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 16-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Action Minutes 080916 2 4 Approve the City Treasurer's Report as of June 30. 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: 4.1 That the City Council approve and file the City Treasurer's Report as of June 30, 2016. 5 Receive Report Regarding Status of Upcoming Vacancies on Boards and Commissions - 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: 5.1 That the City Council receive the report regarding the status of upcoming vacancies on Boards and Commissions. 6 Approve the First Amendment to the Agreement for Consulting Services with Environmental Science Associates for an Environmental Impact Report for the Proposed Cypress Ridge Development - 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: 6.1 That the City Council approve the First Amendment to the Agreement for Consultant Services with Environmental Science Associates, in the amount of $6,900, for a total agreement amount of $159,750, for the preparation of an Environmental Impact Report for the proposed Cypress Ridge Development. 7 Approve a Sponsorship Agreement Between the City of Temecula and Non-profit Autism MX in Support of the Adventure Club (At the Request of Mayor Naggar) - 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: 7.1 That the City Council approve the Sponsorship Agreement between the City of Temecula and non-profit Autism MX in support of the Adventure Club. Action Minutes 080916 3 8 Approve the Agreement with the County of Riverside for Library Services at the Ronald H. Roberts Temecula Public Library - 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: 8.1 That the City Council approve a 22-month agreement with an option to renew for an additional three-year term between the City of Temecula and the County of Riverside for Library Services at Ronald H. Roberts Temecula Public Library in the amount of$180,000 annually (up to $870,000 over the life of the agreement). 9 Approve the All-Inclusive Settlement Agreement and General Release Between the City of Temecula and Ruben Valloza, Individually, and Doing Business As Audio Evolution, Inc. for the Overland Drive Extension, PW16-06 - 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: 9.1 Approve the All-inclusive Settlement Agreement and General Release between the City of Temecula and Ruben Valloza, Individually, and Doing Business as Audio Evolution, Inc., with such changes in the All-Inclusive Settlement Agreement as may be mutually agreed upon by Ruben Valloza. Audio Evolution and the City Manager as are in substantial conformance with the form of the All-Inclusive Settlement Agreement on file in the Office of the City Clerk; 9.2 Authorize the Finance Director to issue a warrant for the sum of$293,833.36; 9.3 Authorize the City Manager to approve and execute any documents necessary to effectuate the terms of the All-Inclusive Settlement Agreement and General Release, and to take all necessary actions to complete the transaction contemplated pursuant to said Agreement. 10 Award a Construction Contract to Haitbrink Asphalt Paving. Inc. for the Pavement Rehabilitation Program — Overland Drive (Jefferson Avenue to Commerce Center Drive). PW12-15 - 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. Action Minutes 080916 4 RECOMMENDATION: 10.1 Award a Construction Contract to Haitbrink Asphalt Paving, Inc., in the amount of $218,299.50, for the Pavement Rehabilitation Program — Overland Drive (Jefferson Avenue to Commerce Center Drive), PW12-15; 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $21,829.95, which is equal to 10% of the contract amount; 10.3 Make a finding that the Pavement Rehabilitation Program — Overland Drive (Jefferson Avenue to Commerce Center Drive) is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. RECESS At 8:12 PM, the City Council recessed and convened as the Temecula Community Services District Meeting and the Temecula Public Financing Authority Meeting. At 8:15 PM, the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 14 Adopt Weed Abatement Lien Resolution for Fiscal Year 2015-16 - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Edwards, McCracken, Rahn and Naggar. RECOMMENDATION: 14.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 16-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION FOR FISCAL YEAR 2015-16 Action Minutes 080916 5 CITY COUNCIL BUSINESS • Wayne Hall addressed the City Council on Item 16 15 Consider Recommendation(s) to Appropriately Honor Mr. Jimmy Moore (At the Request of Mayor Mike Naggar and Council Member Michael McCracken) - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion directing staff to work with the Community Services Commission to create a commemorative plaque designating and naming a 'Founders' area in front of City Hall and to bring the item back to City Council for final review and determination; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Members Comerchero, Edwards, McCracken, Rahn and Naggar. RECOMMENDATION: 15.1 That the City Council consider recommendation(s) to appropriately honor Mr. Jimmy Moore (at the request of Mayor Mike Naggar and Council Member Michael McCracken). 16 Consider Implementation of a Blue Ribbon Campaign to Show Community Appreciation for the Temecula Police Department (At the Request of Mayor Mike Naggar) - Approved Staff Recommendation (5-0) Council Member Naggar made the motion to conduct the Blue Ribbon Campaign in Support of Law Enforcement; it was seconded by Council Member Comerchero; and electronic vote reflected approval ' by Council Members Comerchero, Edwards, McCracken, Rahn and Naggar. RECOMMENDATION: 16.1 That the City Council consider implementation of a Blue Ribbon Campaign to show community appreciation for the Temecula Police Department (at the request of Mayor Mike Naggar). 17 Adopt an Ordinance Amending Section 10.16.200 of the Temecula Municipal Code Prohibiting the Parking of Vehicles Under Certain Conditions at Parking Lots Owned or Controlled by the City of Temecula - Approved Staff Recommendation (5-0) Council Member Naggar made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Edwards, McCracken, Rahn and Naggar. RECOMMENDATION: 17.1 That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 16-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.16.200 OF THE TEMECULA MUNICIPAL CODE PROHIBITING THE PARKING OF VEHICLES UNDER CERTAIN CONDITIONS AT PARKING LOTS OWNED OR CONTROLLED BY THE CITY City Attorney Thorson introduced and read by title only Ordinance No. 16-07. Action Minutes 080916 6 BOARD/COMMISSION REPORTS ' CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised there was no reportable action under the Brown Act. ADJOURNMENT At 9:10 PM, the City Council meeting was formally adjourned to Tuesday, August 23, 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. lkA-A_ - ( tiVA--, Michael SMaggar, Mayor ATTE Randi Jo , City Clerk [SEAL] Action Minutes 080916 7