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111318 CC Action MinutesACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA NOVEMBER 13, 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. - 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. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council will meet in closed session pursuant to Government Code Section 54956.8 regarding the potential lease of portions of the rights of way owned by the City. The parties to the negotiations for the potential lease of the properties are: Los Angeles SMSA Limited Partnership, d/b/a Verizon Wireless and the City of Temecula. Negotiators for the City of Temecula are: Aaron Adams, Greg Butler, Patrick Thomas, Robert Cardenas, Peter Thorson, and Brendan Kearns. Under negotiation are price and terms of the potential lease of the properties. 3. 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)(4) with respect to one matter of potential litigation. 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. Based on existing facts and circumstances, the City Council will decide whether to defend or initiate litigation. 4. 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 two 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; and (2) Endangered Habitats League v. City of Temecula et al.. Riverside County Superior Court Case No. RIC 1800886. At 7:03 PM Mayor Rahn called the City Council meeting to order to consider the matters described on the regular agenda. Action Minutes 111318 CALL TO ORDER: Mayor Matt Rahn Prelude Music: Aubrey Chang Invocation: Pastor William Rench of Calvary Baptist Church Flag Salute: Council Member Maryann Edwards ROLL CALL: Comerchero, Edwards, Naggar, Stewart, Rahn PRESENTATIONS/PROCLAMATIONS Presentation Regarding Shop Small Saturday 2018 PUBLIC COMMENTS The following individuals addressed the City Council on non-agendized items: • Harry Garnett • Christine Bonham • Sonia & Alex Bravo The following individuals addressed the City Council on agendized items: • Brad Stormon (16) • Erica Garibay (19) • Rachel Mason (17) • Aldo M. Diaz (19) • Kim Gerrish (17) • Yoko Isaac (19) • Tammy Alvarado (19) • Justin Sterling (19) • Mike Mason (19) • Robert Schneider (19) • Doris Luth (19) • Jim Dedrick (19) • Aurelia Abrego (19) • Kimberly Palmer (19) • Jeremy Ogul (19) • Ashley Olson (19) • Jessica Abrego (19) • Tom Olson (19) • Rocky Madan (19) CITY COUNCIL REPORTS CONSENT CALENDAR NOTICE TO THE PUBLIC Waive Reading of Standard Ordinances and Resolutions - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Edwards; 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 October 23, 2018 - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Edwards; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. Action Minutes 111318 RECOMMENDATION: 2.1 That the City Council approve the action minutes of October 23, 2018. 3 Approve the List of Demands - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Edwards; 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. 18-71 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, 2018 - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Edwards; 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 September 30, 2018. 5 Adopt a Resolution Approvinq a Deposit Agreement and Joint Community Facilities Agreement Relating to the Financing of Municipal Services for Cypress Ridge Development, Tri Pointe Homes, Inc. - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Edwards; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 5.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 18-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEPOSIT AGREEMENT AND JOINT COMMUNITY FACILITIES AGREEMENT RELATING TO THE FINANCING OF MUNICIPAL SERVICES 6 Adopt the 2018 Conflict of Interest Code - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Edwards; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 6.1 That the City Council adopt a resolution entitled: Action Minutes 111318 RESOLUTION NO. 18-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE CITY'S 2018 CONFLICT OF INTEREST CODE 7 Approve the Amended Salary Schedule to Include Minimum Wage Adjustments Effective January 1, 2019 - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Edwards; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 7.1 That the City Council approve the Amended Salary Schedule to be Effective January 1, 2019. 8 Approve the Amended and Restated Cooperation Agreement with the Friends of the Temecula Children's Museum for the Support of the Temecula Children's Museum and Operation of the Children's Museum, Concessions, and Subject Portion of Lot - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Edwards; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 8.1 That the City Council approve the Amended and Restated Cooperation Agreement with the Friends of the Temecula Children's Museum for the support of the Temecula Children's Museum and operation of the Children's Museum, concessions, and subject portion of lot. 9 Approve a Purchase Order for Tree Grates for the Sidewalks — Old Town Boardwalk Enhancement, PW17-16 - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Edwards; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 9.1 That the City Council approve a purchase order with Spruce & Gander, Inc. for the purchase of 38 tree grates, in the amount of $89,698.20, for Sidewalks — Old Town Boardwalk Enhancement, PW17-16. 10 Accept Improvements and File the Notice of Completion for the Pavement Rehabilitation Program — Citywide, Rancho California Road (Old Town Front Street to Western City Limits), PW17-26 - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Edwards; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 10.1 Accept the improvements for the Pavement Rehabilitation Program — Citywide, Rancho California Road (Old Town Front Street to Western City Limits), PW 17-26; Action Minutes 111318 10.2 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 final contract amount; 10.3 Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. 11 Approve the Plans and Specifications for the Community Recreation Center (CRC) Pool Renovations, PW 18-02 - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Edwards; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 11.1 That the City Council approve the Plans and Specifications for the Community Recreation Center (CRC) Pool Site Enhancements and Renovations, PW18-02. 12 Adopt a Resolution to Establish an All -Way Stop Control at the Intersection of Channel Street and Dorchester Drive/Heath Lane - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Edwards; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 12.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 18-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ESTABLISHING AN ALL -WAY STOP CONTROL AT THE INTERSECTION OF CHANNEL STREET AND DORCHESTER DRIVE/HEATH LANE RECESS: At 7:32 PM, the City Council recessed and convened as the Temecula Community Services District Meeting and the Temecula Public Financing Authority Meeting. At 7:37 PM, the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 16 ADDrove the Universal Health Svstems Temecula Vallev Hospital Modification to a Condition of Approval (Planning Application No. PA18-1258) — Public Hearing continued to November 27, 2018. RECOMMENDATION: 16.1 That the City Council conduct a Public Hearing and approve the Universal Health Systems Temecula Valley Hospital Modification to Condition of Approval No. 27 (Planning Application No. PA18-1258) upon Council consideration and adopt related resolution: Action Minutes 111318 RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A MODIFICATION TO REVISE DEVELOPMENT PLAN (PA10-0194) CONDITION OF APPROVAL NO. 27 TO REQUIRE THE COMMENCEMENT OF THE PHASE IV HOSPITAL BED TOWER (HOSPITAL BED TOWER 2) FOUNDATION WITHIN 15 YEARS OF THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY FOR THE PHASE I HOSPITAL BUILDING (HOSPITAL BED TOWER 1), OR NO LATER THAN FEBRUARY 8, 2029. THE PROJECT IS LOCATED AT 31700 TEMECULA PARKWAY (APN 959-080-026) CITY COUNCIL BUSINESS 17 Approve Recommendation for Community Service Funding Program for Fiscal Year 2018-19 - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 17.1 That the City Council approve the Community Service Funding Ad Hoc Subcommittee's recommendation to allocate a total of $86,500 to fund 23 out of 31 grant applications received from nonprofit organizations for the Fiscal Year 2018-19 Community Service Funding Program. 18 Introduce Ordinance to Amend Chapter 3.32. Public Works Contract Biddina. Under the Uniform Public Construction Cost Accounting Act to Increase Minimum Biddinq Requirements and Implement Recent Legislation - 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 introduce and read by title only an ordinance entitled: ORDINANCE NO. 18-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 3.32, PUBLIC WORKS CONTRACT BIDDING, UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT TO INCREASE MINIMUM BIDDING REQUIREMENTS AND IMPLEMENT CHANGES TO SAID ACT BY CHAPTER 169 OF THE STATUTES OF 2018 19 Receive Short Term Rental Community Outreach Survey Results and Consider Preparation of an Ordinance and Nexus Study for the Administration of Short Term Rentals (At the Request of Subcommittee Members Mayor Rahn and Council Member Stewart) — Receive and file only with general direction given by Council. Action Minutes 111318 RECOMMENDATION: 19.1 Receive and File the City of Temecula Community Outreach Meetings and Survey Results; 19.2 Direct Staff to Prepare a Short Term Rental Ordinance and Nexus Study for the Administration of Short Term Rentals. COMMISSION REPORTS PUBLIC SAFETY REPORT CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson stated there were no reportable actions under the Brown Act in regards to the Closed Session items. ADJOURNMENT At 9:36 PM, the City Council meeting was formally adjourned to Tuesday, November 27, 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 :;r, Ran ,"City Clerk [SEAL] Action Minutes 111318