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HomeMy WebLinkAbout111516 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL ADJOURNED REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA ' NOVEMBER 15, 2016—7:00 PM 5:00 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 Real Property Negotiators. The City Council will meet in closed session pursuant to Government Code Section 54956.8 regarding four parcels of real property owned by the City of Temecula, as successor to the assets of the Redevelopment Agency of the City of.Temecula, consisting of approximately 1 acre (APN 922-360-004, 005; 006 & 007) located on Main Street at Mercedes Street in the City of Temecula. The parties to the negotiations for the potential sale of the property are: Marketplace Old Town, LLC (Truax Development) and the City of Temecula.. Negotiators for the City of Temecula are: Aaron Adams, Greg Butler, and Luke Watson. Under negotiation are price and terms for the sale of the property. 2. tabor Negotiations. The City Council will meet in closed session with its designated representatives to discuss labor negotiations pursuant to Government Code Section 54957.6. The City's designated representatives are: City ,Manager Aaron Adams, City Attorney Peter Thorson, Assistant City Manager Greg`Butler, Director of Finance Jennifer `Hennessy, Human Resources _Manager Isaac Garibay and Economic Development Analyst Charles Walker. The employee organization is the California Teamsters Public, Professional and Medical Employees Union Local 911. At 5:00 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: Ben Schumann Invocation: Tracy Ham, President of Temecula Stake of The Church of Jesus Christ of Latter-Day Saints Flag Salute: Jack Williams ROLL CALL: Comerchero, Edwards, McCracken, Rahn, Naggar Action Minutes 111516 1 ' PRESENTATIONS/PROCLAMATIONS Presentation of Proclamation for the 16th Annual Community Candlelight Tribute Day Recognition of Temecula Valley Entrepreneur's Exchange 2 Graduate Companies — Inviscid Software and NZN Labs, Inc. Presentation of Proclamation for National Day of Giving (#GivingTuesday) PUBLIC COMMENTS The following individuals addressed the City Council: • Marie Hyth • Terry Bibbens • Tracy Ham CITY COUNCIL REPORTS CONSENT CALENDAR 1 Waive Reading of Standard Ordinances and Resolutions - Approved Staff Recommendation (5-0) Council Member Edwards 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 October 25. 2016 — Approved Staff Recommendation (4-0-1, Council Member Comerchero abstained) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Rahn and Naggar with Council Member Comerchero abstaining because he did not attend the October 25, 2016 City Council Meeting. RECOMMENDATION: 2.1 That the City Council approve the action minutes of October 25, 2016. Action Minutes 111516 2 3 Approve the List of Demands - Approved Staff Recommendation (5-0) Council Member Edwards 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. 16-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approve the City Treasurer's Report as of September 30 2016 - Approved Staff Recommendation (5-0) Council Member Edwards 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 September 30, 2016. ' 5 Approve Financial Statements for the 4th Quarter Ended June 30. 2016 - Approved Staff Recommendation (5-0) Council Member Edwards 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 Receive and file the Financial Statements for the 4th Quarter Ended June 30, 2016; 5.2 Approve a transfer of $2,000 from Finance department (001.140) to Animal Control department (001.172)to cover additional shelter operations expenses; 5.3 Approve an increase of $25,000 in revenues and an appropriation in Fund 160 Supplemental Law Enforcement Services Fund (SLESF) Transfer Out to General Fund Transfer In, due to additional receipt of grant revenue; 5.4 Approve an appropriation of 73,000 in the Insurance Fund 300 to cover additional claims. Action Minutes 111516 3 6 Adopt the 2016 Conflict of Interest Code - Approved Staff Recommendation (5-0) Council Member Edwards 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 adopt a resolution entitled: RESOLUTION NO. 16-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE CITY'S 2016 CONFLICT OF INTEREST CODE 7 Adopt Ordinance 16-10 Prohibiting the Possession Distribution and Sale of Synthetic Drugs and Declaring Such Action to be a Public Nuisance (Second Reading) - Approved Staff Recommendation (5-0) Council Member Edwards 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 adopt an ordinance entitled: ORDINANCE NO. 16-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8.56, PSYCHOACTIVE BATH SALTS, PSYCHOACTIVE HERBAL INCENSE, AND OTHER SYNTHETIC DRUGS TO THE TEMECULA MUNICIPAL CODE 8 Approve the Sponsorship and Economic Development Funding Agreement with the American Cancer Society Inc for the 24 Hour Relay for Life Event to be Held on May 20 2017 - Approved Staff Recommendation (5-0) Council Member Edwards 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 the Sponsorship and Economic Development Funding Agreement with the American Cancer Society, Inc. for $500 cash and in-kind promotional services valued at $13,530, for the Relay for Life event being held May 20 - May 21, 2017 at Great Oak High School. Action Minutes 111516 4 9 Approve a Cooperative Agreement Between the City of Temecula and Non-profit ' Temecula Sunrise Rotary Club in Support of a Community Christmas Dinner - Approved Staff Recommendation (5-0) Council Member Edwards 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 That the City Council approve the Cooperative Agreement between the City of Temecula and non-profit Temecula Sunrise Rotary Club, in the amount of$7,255 of in-kind services/costs, in support of a Community Christmas Dinner. 10 Approve the Agreement for Consultant Services with Falcon Engineering Services. Inc. for Interstate 15 / State Route 79 South Ultimate Interchange, PW04-08 - Approved Staff Recommendation (5-0) Council Member Edwards 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: 10.1 That the City Council approve the Agreement for Consultant Services with Falcon Engineering Services, Inc., in an amount not to exceed $3,015,147.60, to provide professional construction management services for the Interstate 15 / ' State Route 79 South Ultimate Interchange, PW04-08. 11 Approve Plans and Specifications and Authorize the Solicitation of Construction Bids for Interstate 15 / State Route 79 South Ultimate Interchange, PW04-08 - Approved Staff Recommendation (5-0) Council Member Edwards 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: 11.1 That the City Council approve the Plans and Specifications, and authorize the Department of Public Works to solicit Construction Bids for the Interstate 15 / State Route 79 South Ultimate Interchange, PW04-08 (Project). 12 Approve the Agreement for Consultant Services with Michael Baker International, Inc. for the Interstate 15 / State Route 79 South Ultimate Interchange. PW04-08 - Approved Staff Recommendation (5-0) Council Member Edwards 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: 12.1 That the City Council approve the Agreement for Consultant Services with Michael Baker International, Inc., in an amount not to exceed $250,000, to ' provide engineering support during construction of the Interstate 15 / State Route 79 South Ultimate Interchange, PW04-08 (Project). Action Minutes 111516 5 13 Approve Substantially As to Form the Reimbursement Agreement between the City of ' Temecula and Western Riverside Council of Governments (WRCOG) for Construction Costs for the SR-79/1-15 South Overcrossing & Interchange, PW04-08 - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Comerchero, Edwards, McCracken, Rahn and Nagger. RECOMMENDATION: 13.1 Approve substantially as to form the Reimbursement Agreement between the City of Temecula and WRCOG, in the amount of $10,025,244, for Construction Costs for the SR-79/1-15 South Overcrossing & Interchange, PW04-08; 13.2 Authorize the City Manager to execute the Agreement. 14 Approve the Reimbursement Agreement Between the City of Temecula and Western Riverside Council of Governments (WRCOG) for Right of Way (ROW) Acquisition Costs for the SR-79 Winchester Road/1-15 Interchange as Part of the French Valley Parkway Interchange, PW16-01 - Approved Staff Recommendation (5-0) Council Member Edwards 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 Approve the Reimbursement Agreement between the City of Temecula and WRCOG, in the amount of $1,925,000, for ROW Acquisition Costs for the SR-79 Winchester Road/1-15 Interchange, as part of the French Valley Parkway Interchange, PW16-01; 14.2 Authorize the City Manager to execute the Agreement. 15 Accept Improvements and File the Notice of Completion for the Old Town Front Street Pavement and Storm Drain Rehabilitation, PW12-14 - Approved Staff Recommendation (5-0) Council Member Edwards 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: 15.1 Accept the construction of the Old Town Front Street Pavement and Storm Drain Rehabilitation, PW12-14, as complete; 15.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract amount; 15.3 Release the Labor and Materials Bond seven months after filing the Notice of ' Completion, if no liens have been filed. Action Minutes 111516 6 RECESS ' RECONVENE TEMECULA CITY COUNCIL At 7:45 PM, the City Council recessed and convened as the Temecula Community Services District Meeting, the Successor Agency to the Temecula Redevelopment Agency Meeting and the Temecula Public Financing Authority Meeting. At 7:52 PM, the City Council resumed with the remainder of the City Council Agenda. PUBLIC HEARING The following individuals addressed the City Council on Item 21: • Jack Williams • Neal Zift • Jeff Tomaszewski 20 Approve Assembly Bill (AB) 1600 Financial Reports — Development Impact Fee Expenditures - 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: 20.1 That the City Council approve the AB 1600 Financial Reports for Fiscal Year Ending June 30, 2016. 21 Consider the Gateway to Temecula Project Including a General Plan Amendment; a Zone Change/Planned Development Overlay: a Tentative Parcel Map; a Development Plan for Four Commercial Structures: a Conditional Use Permit for a Drive-Thru Facility: a Conditional Use Permit for a Gas Station: a Sign Program: and a Development Plan for a Fitness Facility (Collectively the "Project"). The Project will Include an Environmental Impact Report with Mitigation Monitoring and Reporting Program and a Statement of Overriding Considerations. The Project is Generally Located at the Northwest Corner of La Paz Road and Temecula Parkway (Planning Application Nos. PA14-2858 PA14-0167 PA14-2708, PA14-2707, PA14-2710, PA14-2709. PA15-0985, and PA16-0090) Recommendation Items 21.1, 21.2, 21.4 21.5, 21.6, 21.7, 21.8 and 21.9 - Approved Recommendation (5-0) Council Member Edwards made the motion to include the recommended action as presented with the 2"' sign alternative; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Edwards, McCracken, Rahn and Naggar. Recommendation Item 21.3 - Approved Staff Recommendation (5-0) Council Member Naggar 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 111516 7 RECOMMENDATION: That the City Council conduct a Public Hearing and: 21.1 Adopt a resolution entitled: RESOLUTION NO. 16-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE TEMECULA GATEWAY PROJECT, ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TEMECULA GATEWAY PROJECT (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) 21.2 Adopt a resolution entitled: RESOLUTION NO. 16-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GENERAL PLAN AMENDMENT APPLICATION TO REVISE THE GENERAL ' PLAN DESIGNATIONS OF FOUR PARCELS FROM PROFESSIONAL OFFICE (PO) TO COMMUNITY COMMERCIAL (CC) (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PA14-2858) 21.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 16-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 (ZONING) OF THE TEMECULA MUNICIPAL CODE TO ADD A NEW ARTICLE XV (GATEWAY TO TEMECULA PLANNED DEVELOPMENT OVERLAY DISTRICT-14) TO CHAPTER 17.22 (PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT) TO REVISE THE ZONING DESIGNATION FROM PROFESSIONAL OFFICE (PO) TO PLANNED DEVELOPMENT OVERLAY 14 (PDO-14) ON AN 8.79 ACRE SITE GENERALLY LOCATED ON THE NORTHWEST CORNER OF TEMECULA PARKWAY AND LA PAZ ROAD (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PA14-0167), AND AMENDING THE TEMECULA ZONING MAP ' City Attorney Thorson introduced and read by title only Ordinance No, 16-11, Action Minutes 111516 8 21.4 Adopt a resolution entitled: ' RESOLUTION NO. 16-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE PARCEL MAP 36862 TO DIVIDE FOUR EXISTING PARCELS TOTALING 8.79 ACRES INTO SIX LOTS (WITH TWO LETTERED LOTS) ON THE NORTHWEST CORNER OF TEMECULA PARKWAY AND LA PAZ ROAD (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PA14-2708) 21.5 Adopt a resolution entitled: RESOLUTION NO. 16-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A CONDITIONAL USE PERMIT FOR A GAS STATION WITH A CONVENIENCE STORE (INCLUDING THE SALE OF ALCOHOL PER ABC LICENSE TYPE 20) AND CAR WASH TO BE GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PA14-2709) ' 21.6 Adopt a resolution entitled: RESOLUTION NO. 16-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THROUGH FOR A PROPOSED COFFEE SHOP GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PA14-2709) 21.7 Adopt a resolution entitled: RESOLUTION NO. 16-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION TO ALLOW FOR THE CONSTRUCTION OF AN APPROXIMATELY 37,000 SQUARE FOOT FITNESS FACILITY LOCATED ON THE TEMECULA GATEWAY PROJECT SITE, GENERALLY LOCATED ON THE NORTHWEST CORNER OF TEMECULA PARKWAY AND LA PAZ ROAD (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PA16-0090) Action Minutes 111516 9 21.8 Adopt a resolution entitled: ' RESOLUTION NO. 16-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN TO ALLOW FOR THE CONSTRUCTION OF FOUR COMMERCIAL BUILDINGS TOTALING APPROXIMATELY 23,666 SQUARE FEET. THE STRUCTURES WILL CONSIST OF A GAS STATION, A RETAIL STRUCTURE, OFFICE/RETAIL STRUCTURE, AND DRIVE-THROUGH RESTAURANT STRUCTURE. THE PROJECT IS GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PA14-2707) 21.9 Adopt a resolution entitled: RESOLUTION NO. 16-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A SIGN PROGRAM FOR THE PROPOSED GATEWAY TO TEMECULA PROJECT GENERALLY LOCATED ON THE NORTHWEST CORNER ' OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PA15-0985) BOARD/COMMISSION REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson stated there were no actions to report under the Brown Act in regards to the Closed Session items and that with respect to Closed Session Item 1, no actions are final until they are approved by the City Council in open session. Action Minutes 111516 10 ADJOURNMENT ' At 9:30 PM, the City Council meeting was formally adjourned to Tuesday, December 13, 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 Honor of Linda Cole and Henry Marraffa Michael S. Naggar, Mayor ATTES . Rands o Cit lerk [SEAL] Action Minutes 111516 11