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HomeMy WebLinkAbout092804 CC Minutes I I I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL SEPTEMBER 28, 2004 The City Council convened in Closed Session at 5:30 P.M. and in Open Session at 7:00 P.M., on Tuesday, September 14, 2004, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Councilmembers: 5 Comerchero, Roberts, Stone, Washington, and Naggar Absent: 0 Councilmembers: None PRELUDE MUSIC The prelude music was provided by Matthew Fagan. INVOCATION The invocation was given by Pastor Larry Koger of Hope Lutheran. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Councilman Washington. PRESENT A TION/PROCLAMA TIONS VFW Presentation of onaoina activities to support the Veterans' Memorial Mr. David Michael reported on the ongoing activities to support the Veterans' Memorial. He specifically reported on the "Path of Honor" pavers, stating that to date 765 pavers have been sold, and calls are still coming in for the future. He relayed what an honor and privilege it has been to talk to the hundreds of veterans and their families and thanked them for their presence at this meeting. He shared stories of veterans, or families of veterans, that live in the Temecula Valley, and thanked the City Council for their support of those who have put their lives on the line for the defense and support of their Country. International Walk to School Proclamation Ms. Tara Rodi thanked the City Council for its support, accepted the proclamation; and supported the cause, stating it is a simple way to promote physical activity among our youth. PUBLIC COMMENTS A. Ms. MaDonna White, Temecula, representing Hidden Wineries, Inc., requested the support of the City of Temecula. B. Mr. Pete Ramos, representing the American Legion Post 852 of Temecula Valley, thanked the City Council for their support and reported on Boys State, introducing Laif Ball, the Temecula Valley High School representative chosen to travel to Sacramento. He explained that R:\MinutesIO92804 I D. I I Boys State is a program where approximately 800 boys learn and participate in a "mock government" learning the workings of local and state level government proceedings. C. Mr. Richard Shahan, Temecula, commented on the need for an Olympic-sized swimming pool in the City. He asked all those parents present in support of this request to stand. D. Kristen Post and Kelsey Ball, of Temecula Swim Club, voiced the need for more pool time and stressed the over-crowding that currently exists at Temecula pools. E. Bryan Davis, Temecula, coach of the Temecula Swim Club, invited the City Council to observe a swim practice, to see the over-crowded conditions, and further emphasized the need for a long course pool in Temecula. F. Lorena Spencer, Temecula, addressed her displeasure of the Farmer's Market and their ability to sell "craft items." G. Julie Timm, Temecula, addressing the Holiday Display at the Duck Pond, requested that the Nativity Scene be displayed during the upcoming Holiday Season. Mayor Naggar explained that three spaces are reserved for these types of displays. He further commented that they are privately sponsored and directed Ms. Timm to contact Community Services for information to implement this request. CITY COUNCIL REPORTS A. Councilman Washington brought to the City Council's attention that he was utilizing digital technology this evening, instead of the normal paper City Council Agenda Packet. He further highlighted the following recent updates on the City's website: inspection schedules and status; permit information; Temecula Citizens Corp information; and information on flag etiquette. He also reported that in response to those requesting additional pool time, there will be two new pools built in Temecula; one at the new Great Oaks High School, and one at Temecula Valley High School. B. Reporting on the County Committee discussing the Temecula Ridgeline, Councilman Stone said the County be drafting an ordinance prohibiting development on the escarpment, which will protect the hillside from future scaring. He stated he will forward this to the Council when this language is drafted. Due to his recent election to the Riverside County Board of Supervisors, Councilman Stone presented his official letter of resignation, effective 12:01 a.m., January 3, 2005, to Mayor Naggar and the Temecula City Council. C. Councilman Comerchero informed the public of the recent selection of an Architectural Firm to develop the master plan for a new Civic Center. He expressed his excitement for the future of this development and the positive impact it will have on Old Town and the City as a whole. R:\MinutesIO92804 I I I In an effort to address the needs of the community, Councilman Comerchero announced an RFP has been sent out to consultants regarding a feasibility study on a new teen center, which was put into the Capital Improvement Program this year. He made it clear the Council is looking for something fresh and different, and that only the exceptional will be accepted in this process. He invited the teens of the Community to get involved in the process. He also reported that letters, will be distributed as part of the Veteran's War Memorial. He explained these letters were chosen by the artist and range from the Revolutionary War Period to the current conflict in Iraq. Addressing the concerns of Lorena Spencer during public comment regarding the Farmer's Market, Councilman Comerchero stated that she had asked when something would be done about this situation. In response, Mr. Comerchero stated that this situation had been addressed a couple of years ago. He answered that merchants of Old Town and the owner's of the Farmer's Market, who he emphasized is a business in Old Town, worked out a compromise agreement that all those Old Town Merchants wanting to participate in the Farmer's Market would be given the opportunity to do so. The Farmer's Market owners agreed to hold a certain number of spots open for this purpose. He answered that the City Council have been responsive to this situation and have taken action. D. Councilman Roberts reported that as the President of Southern California Association of Governments, he has been working with the USC School of Policy Planning and Leadership Institute on the USlindonesian Conflicts Resolution Exchange Program. He announced he has been invited to attend the second part of the exchange, held in Indonesia, January of 2005, explaining this is a State Department Grant. He further stated he has been invited to attend a symposium in Sole, South Korea, in October of this year, regarding planning issues for sustainable growth of our two Pacific Rim Metropolitan Areas. He explained the purpose is to share knowledge in Regional Transportation Planning. E. Mayor Naggar followed up on the Temecula Ridge discussions and asked Councilman Stone if he is aware of any planning applications in process, and whether an urgency ordinance is needed to stop potential impact to the escarpment. Councilman Stone answered that Supervisor Buster has assured him that this ordinance is a top priority of the County, and will be in place prior to any further development in this area. Mayor Naggar reported that members of the group, S.O.S., (Save Our Slopes), will be presenting him with information that he will forward to Councilman Stone. Informing the City Council, Councilman Stone stated that Supervisor Buster and he had discussed a building moratorium for approximately 90 days to make sure this ordinance gets in place. He emphasized, however, that this is Supervisor Buster's area of responsibility, and that a spirit of cooperation does exist on the matter. Mayor Naggar further reported on the recent success of SB 87, with the Governor's signature, and with the City's ability to take control of Winchester Road and Highway 79, he requested that bus shelters be installed, as soon as possible. He asked that this be accomplished prior to summer of next year, to assist those using public transportation during the hot summer months. R:\MinutesIO92804 I I I 4 Commenting on the recent Middle School Dance Event at the CRC, Mayor Naggar thanked staff for their excellent control and for a fine event. CONSENT CALENDAR Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Resolution approvina List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 04- 97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 Review of Citv Conflict of Interest Code RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 04-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CITY'S CONFLICT OF INTEREST CODE Approve the Inland Empire Affiliate of the Susan G. Komen Breast Cancer Foundation Race for the Cure Sponsorship and Fundina Aareements RECOMMENDATION: 4.1 Approve the event sponsorship and funding agreement in the amount of $25,000 and City-support costs in the amount of approximately $11,725 for the Inland Empire Affiliate of the Susan G. Komen Breast Cancer Foundation Race for the Cure event; 4.2 Authorize the Mayor to execute the agreement. recommendation: R:\Minutes\O92804 4 I I I Councilman Stone requested that this funding be increased by $5,000 to educate high school students about the need for breast self-examination and preventative measures that do save lives, both for female and males. Councilman Washington further requested that this subject be placed on the next City CouncillTemecula Valley Unified School District Sub-Committee meeting. Item amended to include an additional $5,000 to provide educational literature to Temecula High Schools. 5 Substitute Aareements and Bonds for Public Improvements in Tract No. 25004 (located south of Murrieta Hot Sprinas Road and east of Seraphina Road RECOMMENDATION: 5.1 Accept substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map No. 25004; 5.2 Accept substitute Erosion Control Agreement and Erosion Control Faithful Performance Bond as security for erosion control improvements for Tract Map No. 25004; 5.3 Accept substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map No. 25004; 5.4 Authorize the release of the existing Faithful Performance, Labor and Materials, Erosion Control, and Monumentation Bonds for Tract Map No. 25004; 5.5 Direct the City Clerk to so advise the developer and surety. 6 Authorize Temporary Street Closures for the Fifth Annual Temecula Fall Car Show and Old Town Cruise Event (Old Town Front Street between Moreno Road and Second Street and other related streets) RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 04-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR THE 5TH ANNUAL TEMECULA FALL CAR SHOW EVENT, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT R:\Minutes\O92804 I I I 7 Authorize Temporary Partial Street Closures for "Race for the Cure" Event October 17. 2004. in the Promenade Mall area (Maraarita Road. Overland Drive. Ynez Road. and Solana Wav) RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 04-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING PARTIAL STREET CLOSURES FOR INLAND EMPIRE "RACE FOR THE CURE" EVENT ON OCTOBER 17, 2004 AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THIS SPECIFIC SPECIAL EVENT 8 Second Amendment - Professional Services Aareement for Desian Services - Fire Station Wolf Creek Site - Project No. PW01-11 RECOMMENDATION: 8.1 Approve the Second Amendment to the Professional Services Agreement with STK Architecture, Inc. in an amount not to exceed $145,540.00, to provide redesign services for the Fire Station Wolf Creek Site - Project No. PW01-11 - within the planned Wolf Creek Development; 8.2 Authorize the Mayor to execute the amendment. Standard Pacific will fund the cost of the redesign and any increase to construction costs attributable to the new design. 9 First Amendment to Contract Inspection Services for Buildina and Safetv RECOMMENDATION: 9.1 Approve a First Amendment for Consultant Seryjces with Berryman and Henigar to provide supplemental building inspection services to the Building and Safety 9.2 Department in an amount not to exceed $78,000 for a total of $103,000; 9.3 Approve a 10% contingency in an amount of $7,800, and approve the term of the agreement extending it until March 28, 2005; 9.4 Approve a First Amendment for Consultant Services with P & D Consultants to provide supplemental building inspection services to the Building and Safety Department in an amount not to exceed $78,000 for a total amount of $103,000; 9.5 Approve a 10% contingency in an amount of $7,800 and approve the term of the agreement extending it until March 28, 2005. R:\MinutesIO92804 I I I 10 Architectural Consultina Services RECOMMENDATION: 10.1 Authorize the Director of Planning to solicit Request for Qualifications (RFQs) from architectural firms to provide consulting seryices to the Planning Department. 11 Amendment No.1 to the Temecula Vallev Chamber of Commerce Operatina Aareement with reaard to increasina the fundina for the Temecula Vallev Convention and Visitors Bureau RECOMMENDATION: 11.1 Approve Amendment No.1 to the Temecula Valley Chamber of Commerce Operating Agreement with regard to increasing the funding for their Convention and Visitors Bureau in the amount up to $34,000; 11.2 Approve an appropriation from the General Fund designated for the Dutch Villages settlement in the amount of $17,000. 12 Support of Proposition 1A Protection of Local Government Revenues RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 04-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING STATEWIDE BALLOT INITIATIVE PROPOSITION 1A PROTECTING LOCAL GOVERNMENT REVENUES 13 Promenade Mall Storefront Lease Aareement RECOMMENDATION: 13.1 Approve the lease agreement in substantially the form presented, with the changes recommended by the City Attorney, for a Police Department storefront facility in the Promenade Mall beginning October 1, 2004 and terminating after a five-year period; 13.2 Approve the amended and restated agreement for partial funding of police services by and between the City of T emecula and Town Center Associates, L. P.; 13.3 Increase Reimbursement Revenue to the General Fund by $17,500; 13.4 Approve an additional appropriation of $17,500 to Police Department Budget. R:\M¡"nutesIO92804 I I I 14 Rancho California Road Widenina from 1-15 to Jefferson Avenue/Old Town Front Street RECOMMENDATION: 14.1 Adopt a Negative Declaration for EA 04-113 and direct staff to file the Notice of Determination. 15 California Department of Justice Drua & Alcohol Analvsis/Finaerprintina RECOMMENDATION: 15.1 Approve an annual expenditure of $45,000 with the California Department of Justice for Drug and Alcohol analysis and Fingerprinting seryices. 16 Uparade to Schedule of Authorized Positions RECOMMENDATION: 16.1 Approve a position upgrade from Recreation Services Manager to Cultural Arts Administrator in the Community Services Department. MOTION: Councilman Comerchero moved to approve Consent Calendar Item Nos. 1-18. The motion was seconded by Councilman Roberts and electronic vote reflected unanimous approval with the amendment on Item No.4, increasing the funding by $5,000 to include funding to provide educational literature to Temecula High Schools. At 8:08 P.M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 9:05 P.M., the City Council resumed with regular business. PUBLIC HEARING 17 Development Code Amendment for additional performance standards for multiple office buildinas in the BP and L 1 zones (PA04-0477) RECOMMENDATION: 17.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 04-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO PROVIDE ADDITIONAL PERFORMANCE STANDARDS FOR MULTIPLE OFFICE BUILDINGS IN BUSINESS PARK AND LIGHT INDUSTRIAL ZONES (PLANNING APPLICATION 04-0477) R:\MinutesIO92804 I I I Principal Planner Don Hazen presented the staff report (of record). Councilman Washington questioned the reasoning of decreasing the requirement from 50,000 square foot minimum office buildings to no minimum. Mr. Hazen explained that due to the extreme variation of lot sizes, it was difficult to establish a reasonable number. He further clarified there is a natural inclination for applicants to maximize their investment, and set back standards, open space and parking requirements, would determine the building size that could be built. Mr. Washington further asked why this change would make properties more economically viable, instead of less, as suggested by a recent letter the City Council received. Mr. Hazen stated there are two applications currently in process which are working on the clustering arrangement, showing that this could be economically feasible, while retaining the high quality of the current business park. Questioning the future potential uses, Councilman Comerchero asked how this change would impact this area. Mr. Hazen answered that Planning is not seeing any objectionable uses, but rather corporate offices for businesses, and certain uses, such as "automobile repair shops" would not be permitted. Mayor Naggar opened the public hearing at 9:15 P.M. Phil Oberhansley, representing RM Pacific, spoke in support of the Development Code Amendment, stating there is a large market for medium-sized businesses to own their own building. He explained that the 50,000 minimum building size requirement, is prohibitive in cost for these types of businesses. He requested one amendment to the Ordinance, under Number One of the Additional Performance Standards, where it states "larger single and multi-tenant office buildings are preferred;" he requested that the language "but not required," be added to clarify this language. Max Harrison, representing Westside Business Centre Property Owners Association, spoke in opposition to the Code Amendment, explaining he feels the amendment will decrease the value of investment for original owners of the Westside Business Centre. He further stated there is no inventory of industrial property in the City of Temecula, since the last few acres in the business park have been sold. Councilman Washington asked if the objection was only due to the square footage, or whether the uses were also in question. Mr. Harrison answered that he feels that changes should not be made because there is no Industrial property available, and that is also a concern. Mayor Naggar closed the public hearing at 9:22 P.M. Explaining from an economic development viewpoint, there is a very good reason for this amendment, he also expressed concerns for maintaining the current level of quality in the business park. Councilman Comerchero disagreed with the amendment requested by Mr. Oberhansley, feeling that the language should stand as written. He suggested, as an additional layer of protection, that anything under 50,000 square feet be automatically forwarded to the City Council for review. R:\MinutesIO92804 I I I Councilman Stone, in response to Councilman Washington's comment's of high costs for development, suggested that fees should not increase, due to the extra layer imposed by projects under 50,000 square feet coming before the City Council for approval, and asked that this be direction to staff. Councilman Stone spoke in favor of the amendment, stating there is a significant need for business owners to have the ability to purchase their own building, and a 50,000 square foot requirement is cost prohibitive. He said he would be in support of these uses coming before the City Council, as was suggested by Councilman Comerchero. Councilman Washington questioned whether adding another layer to the process would increase costs and time constraints to future business owners, reminding the Council that any project can be appealed to the Council level. He agreed with the language change proposed by Mr. Oberhansley, stating that it would add clarity for those processing the application. Realizing that a change is needed to address specific needs, Councilman Roberts spoke in favor of the Code Amendment, agreeing with Councilman Comerchero's suggestion that anything under 50,000 square feet come before the City Council for approval. Mayor Naggar spoke in favor of the Code Amendment, while emphasizing that usage is critical to maintaining the nature of the business park, and noted that he feels the approval of the City Council is a safe-guard that is needed. Councilman Washington stated he will support his colleagues in this motion, but asked that permit fees and expenses are kept at a low cost. He emphasized that not only the cost, but the time involved can be burdensome to a business owner. MOTION: Councilman Stone moved staff recommendation with the following amendment to Section 3 of the Ordinance, under the section "Performance Standards," adding Paragraph 5 as follows: "Office Buildings under 50,000 square feet shall be considered by the City Council and approved, conditionally approved or denied by the City Council." Electronic Vote showed unanimous approval. 18 Development Code Amendment (Planning Application 04-0297) RECOMMENDATION: 18.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 04-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ESTABLISH REQUIREMENTS FOR PRIVATE HELIPORTS IN VARIOUS ZONES AND TO MAKE OTHER MINOR CHANGES (PLANNING APPLICATION 04- 0297) R:\MinutesIO92804 10 I I I Principal Planner Don Hazen presented the staff report (of record). Mayor Naggar opened the public hearing at 9:45 P.M. Hearing no requests to speak, Mayor Naggar closed the public hearing at 9:45 P.M. Councilman Stone expressed his appreciation to staff for coming up with the criteria, and expressed his support for heliports for hospitals. Noting a philosophical problem with helicopters landing in the business park as it relates to safety concerns, especially in view of the close proximity of a municipal airport, he stated he will not be supporting the ordinance. Councilman Washington noted his support for the ordinance, listing opportunities for corporate support and economic development. He stated he feels it can be done safely and staff has done a good job of mitigating any areas of concern. Listing the benefits to economic development with the use of helipads, Councilman Comerchero voiced his support of the Code Amendment. He, however, expressed a concern for the 100 foot set-back in residential areas. He suggested it be the same as the set-back from a school. Clarifying the language of the ordinance, Mr. Hazen explained the 100 foot set-backs only apply if the flight patterns go over the residential areas. Councilman Comerchero stated he feels there should be a possible difference in regulations in regards to helipads for hospitals, since that usage would definitely be necessary. Mayor Naggar stated that even with the passage of the ordinance, all helipads will be subject to the Conditional Use Permit process, and must be reviewed individually by the Planning Commission. MOTION: Mayor Pro Tem Comerchero moved to approve staff recommendation with the amendment to Section 2(d), deleting language, "unless the helicopter flight pattern does not encroach into a residential area," and that a 100 foot set-back be imposed for residential areas. Electronic Vote showed approval with the exception of Councilman Stone, who voted in opposition. MOTION: Mayor Pro Tem Comerchero moved to extend the meeting until 10:15 P.M. Mayor Naggar seconded the motion and voice vote showed approval with the exception of Councilman Roberts who voted no. 19 Communitv Standards Preservation Ordinance RECOMMENDATION: 19.1 Introduce and read by title only an ordinance entitled: R:\MinutesIO92804 11 I I I ORDINANCE NO. 04-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 1 OF THE TEMECULA MUNICIPAL CODE BY ADDING A NEW CHAPTER 1.24 - COMMUNITY STANDARDS PRESERVATION ORDINANCE Principal Planner Steve Brown presented the staff report (of record.) Mayor Naggar opened the public hearing at 9:58 P.M. Hearing no requests to speak, Mayor Naggar closed the public hearing at 9:58 P.M. Mayor Naggar complemented Mr. Brown on the excellent work done on this issue. MOTION: Councilman Stone moved to approve staff recommendation. Electronic Vote showed unanimous approval. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT City Attorney Thorson reported there is no reportable business from Closed Session, and that Mayor Pro Tem Comerchero did not participate on one of the initiating litigation matters. ADJOURNMENT At 10:04 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday, October 12, 2004, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. A"TJEST: " . [SEAL]'-- R:\MinutesIO92804 12