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092518 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA SEPTEMBER 25, 2018–7:00 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 three matters,of pending litigation: .(1).Center for Biological Diversity, et al. v. City of Temecula,- et al., Riverside County Superior Court Case No. RIC 1800858; (2) Endangered Habitats,League V. City ofTemecula,et al., Riverside County, Superior Court Case No. RIG-1 800886; and (3)Southern California Association for.LaW and the Environment(SCALE)v. City of Temecula, et al., Riverside County'Superior Court Case. No. RIC 1801139:. . 2.-.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 one matter of pending litigation: City'of Temecula v. JA Plaza.; LLC-and Temecula.Meds, Riverside County-Superior Court Case No.-MCC1800578.. . 3: CONFERENCE WITH.LEGAL COUNSEL_ANTICIPATED LITIGATION. The City Council will meet in closed session with the-City Attorney.pursuant to Government Code Section 54956.9(4)(4) regarding.the initiation'of litigation with respect to four.potential cases. At 7:05 PM Mayor Rahn called the City Council meeting to order to consider the matters described on the regular agenda. CALL TO ORDER: Mayor Matt Rahn Prelude Music: Luke Feng Invocation: Kevin Hawkins Flag Salute: Mayor Pro Tem Mike Naggar ROLL CALL: Comerchero, Edwards, Naggar, Stewart, Rahn PRESENTATIONS/PROCLAMATIONS Presentation of Proclamation for White Cane Awareness Day Presentation of Proclamation for National Dyslexia Awareness Month Presentation of Proclamation for Because Nice Matters Week in Temecula 092518 Action Minutes 1 PUBLIC COMMENTS The following individuals addressed the City Council on non-agenda items: • Bill Miller • Andy Tibbitts • Julie Snell • Ms. Miller CITY COUNCIL REPORTS CONSENT CALENDAR 1 Waive Reading of Standard Ordinances and Resolutions - Approved Staff Recommendation(5-0); Motion by Edwards, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. 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 September 11, 2018-Approved Staff Recommendation (5-0); Motion by Edwards, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 2.1 That the City Council approve the action minutes of September 11, 2018. 3 Approve the List of Demands - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 18-63 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 July 31, 2018 - Approved Staff Recommendation(5-0); Motion by Edwards, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of July 31, 2018. 092518 Action Minutes 2 5 Adopt Ordinance 18-07 Amending Section 2.40.100 of the Temecula Municipal Code Relating to Compensation for City Commissioners and Board Members(Second Reading) (At the Reguest of Mayor Rahn and Mayor Pro Tempore Naggar) - Approved Staff Recommendation(5-0); Motion by Edwards, Second by Comerchero;and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 5.1 That the City Council adopt an ordinance entitled: ORDINANCE NO. 18-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.40.100 OF THE TEMECULA MUNICIPAL CODE RELATING TO COMPENSATION FOR CITY BOARD AND COMMISSION MEMBERS 6 Appoint Members to the Community Services Commission and Public/Traffic Safety Commission - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 6.1 That the City Council appoint Cecilie Nelson and Zak Schwank to the Community Services Commission and Robert Hagel to the Public/Traffic Safety Commission. 7 Approve an Agreement with In The Mix Sound, LLC for Replacement of the Old Town Temecula Community Theater's Audio System - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 7.1 That the City Council approve an Agreement with In The Mix Sound, LLC, in the amount of$103,000, for the replacement of the Old Town Temecula Community Theater's Audio System. 8 Approve the Purchase of the Fiscal Year 2018-19 Software Support and Maintenance for Tyler Technologies Suite.of Products-Approved Staff Recommendation (5-0); Motion by Edwards, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 8.1 Approve the purchase of software support and maintenance for the Tyler Eden Financial Systems Suite, in the amount not to exceed $46,480; 8.2 Approve the purchase of software support and maintenance for the Tyler EnerGov Permitting System, in the amount not to exceed $86,096; 092518 Action Minutes 3 8.3 Authorize the City Manager to approve a contingency in an amount not to exceed $13,258, which is equal to 10% of the total amount. 9 Approve an Agreement with Environmental Science Associates for an Initial Study and CEQA Analysis for Paseo del Sol Tentative Tract Map - Approved Staff Recommendation(5-0); Motion by Edwards, Second by Comerchero;and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 9.1 That the City Council approve an Agreement with Environmental Science Associates, in the amount of$72,795, for an Initial Study and CEQA Analysis for Paseo del Sol Tentative Tract Map. 10 Approve an Agreement for Consultant Services with LaBelle Marvin. Inc., for the Fiscal Year 2018-19 Citywide Slurry Program, PW18-09 - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 10.1 Approve an Agreement for Consultant Services with LaBelle Marvin, Inc., in the amount of $74,600, for materials testing services for the Fiscal Year 2018-19 Citywide Slurry Program, PW18-09; 10.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $7,460, which is equal to 10% of the agreement amount. RECESS: At 7:41 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:45 PM, the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 13 Adopt a Resolution Approving an Amended and Restated Ground Lease for Existing Wireless Telecommunications Antennas and Supporting Equipment at Paloma Del Sol Park - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Edwards; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 13.1 Adopt a resolution entitled: 092518 Action Minutes 4 RESOLUTION NO. 18-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED AMENDED AND RESTATED GROUND LEASE FOR EXISTING WIRELESS TELECOMMUNICATIONS ANTENNAS AND SUPPORTING EQUIPMENT AT PALOMA DEL SOL PARK AND FINDING THE ACTION EXEMPT FROM CEQA (ASSESSOR'S PARCEL NUMBER 959-390-002) 14 Adopt a Resolution Approving an Amended and Restated Ground Lease for Existing Wireless Telecommunications Antennas and Supporting Equipment at Ronald Reagan Sports Park - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 18-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED AMENDED AND RESTATED GROUND LEASE FOR EXISTING WIRELESS TELECOMMUNICATIONS ANTENNAS AND SUPPORTING EQUIPMENT AT RONALD REAGAN SPORTS PARK AND FINDING THE ACTION EXEMPT FROM CEQA(ASSESSOR'S PARCEL NUMBER 945-050-014) 15 Approve the City of Temecula Fiscal Year 2017-18 Consolidated Annual Performance and Evaluation Report (CAPER) - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 18-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT (CAPER) WITH THE ADDITION OF PUBLIC COMMENTS, AND AUTHORIZING STAFF TO SUBMIT THE REPORT TO THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) 092518 Action Minutes 5 16 Approve an Amendment to the City of Temecula Development Code, Establishing an Affordable Housing Overlay Zone Ordinance that Would Allow for the Development of Affordable Housing Projects on 44 Parcels throughout the City - Approved Staff Recommendation(5-0); Motion by Comerchero, Second by Edwards;and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 16.1 That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 18-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ADD CHAPTER 17.21 ESTABLISHING AN AFFORDABLE HOUSING OVERLAY ZONE, AND MAKING THE DETERMINATION THAT THE PROPOSED ORDINANCE IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LONG RANGE PLANNING PROJECT NO. LR14-0010) The following individual addressed the City Council on this public hearing item: • Ms. Miller 17 Approve an Amendment to the City of Temecula Development Code Updating the City Density Bonus Ordinance to Conform to Density Bonus Law (Govt. Code $ 65915) - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 17.1 That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 18-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ADOPT REGULATIONS TO CONFORM WITH DENSITY BONUS LAW (CALIFORNIA GOVERNMENT CODE SECTION 65915), AND FINDING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The following individual addressed the City Council on this public hearing item: • Ms. Miller 092518 Action Minutes 6 CITY COUNCIL BUSINESS 18 Repeal of Chapter 9.60 of the Temecula Municipal Code Restricting Certain Actions of Registered Sex Offenders That Have Now Been Superseded By State Law and Court Actions - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 18.1 That the City Council adopt by a 4/5th vote an Urgency Ordinance entitled: ORDINANCE NO. 18-08 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING CHAPTER 9.60 OF THE TEMECULA MUNICIPAL CODE RESTRICTING CERTAIN ACTIONS OF REGISTERED SEX OFFENDERS THAT HAVE NOW BEEN SUPERSEDED BY STATE LAW AND COURT ACTIONS 19 Presentation of Temecula Police and Fire Department False Alarm Reports - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Edwards; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 19.1 That the City Council direct Staff to prepare an ordinance outlining how the City will address businesses and residential units that have repeat false alarm calls. DEPARTMENTAL REPORTS 20 City Council Travel/Conference Report 21 Community Development Department Monthly Report 22 Fire Department Monthly Report 23 Police Department Monthly Report 24 Public Works Department Monthly Report COMMISSION REPORTS PUBLIC SAFETY REPORT CITY MANAGER REPORT 092518 Action Minutes 7 CITY ATTORNEY REPORT City Attorney Thorson reported there were no reportable actions in regards to the Closed Session items but noted that Mayor Pro Tem Naggar did not participate in Closed Session items #2 and #3. ADJOURNMENT At 8:50 PM, the City Council meeting was formally adjourned to Tuesday, October 9, 2018, at 5:30 PM for Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Matt Rahn, Mayor ATTES . di hl, Clerk [SEAL] 092518 Action Minutes 8