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HomeMy WebLinkAbout102604 CC Minutes I I I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL OCTOBER 26, 2004 The City Council convened in Open Session at 7:00 P.M., on Tuesday, October 26,2004, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: 5 Councilmembers: Comerchero, Roberts, Stone, Washington, and Naggar Absent: 0 Council members: None PRELUDE MUSIC The prelude music was provided by Matthew Fagan. INVOCATION The invocation was given by Pastor John Ruhlman of Life Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Councilman Roberts. PRESENT A TION/PROCLAMA TIONS Nationallmmiqrants Dav Proclamation Accepting the proclamation, "Nick the Greek" thanked the City Council for this proclamation. PUBLIC COMMENTS A. Lorena Spencer, Temecula, spoke in opposition to the Old Town Farmer's Market as it is presently constituted. She spoke in opposition to retail businesses operating in direct competition to Old Town Merchants. B. Lori Stone Rubin, Temecula, on behalf of the Susan G. Komen Breast Cancer Foundation, thanked the Mayor for being the honorary chair of the "Lee Denim Days," and stated they had doubled the participation because of his leadership. C. Addressing the City Council regarding the extension of North General Kearny in the Meadowview tract, Richard Moriki, Temecula, requested that even though members of the City Council have a conflict on this issue, he asked that this decision not be delayed until after Councilman Stone's replacement has been chosen. D. Ellen Ellish, Temecula, addressed the City Council regarding the extension of North General Kearny, asking that Meadowview be retained as a rural area, by not putting this street through. R:\Minutes\ 102604 I I I Councilman Washington asked the City Attorney to address when it would be appropriate to discuss the extension of North General Kearny. City Attorney Thorson explained the two issues, stating the recommendation to extend North General Kearny, came from the General Plan Advisory Committee, and in order for it to go into effect, it must have a public hearing before the Planning Commission and a hearing before the City Council. He also addressed the conflicts of the City Council, both Councilmen Washington and Roberts own property in Meadowview and Councilman Stone lives in close proximity, thereby causing impacts to his property. Mr. Thorson further explained that this issue will not come up prior to the Planning Commission hearings which will take place early next year. At this time, Councilman Stone will not be on the Council. If there is a desire to take action prior to this time frame, Mr. Thorson recommended getting an opinion from Fair Political Practices Commission, on whether this could take place. E. Addressing the City Council and the citizens of Temecula, Brad Snell, Temecula, stated as a Deputy District Attorney in Riverside County, Proposition 66 would release dangerous, repeat criminals into our streets, causing unneeded danger to our citizens. He asked that all those listening vote "no" on Proposition 66. F. Addressing the Council regarding the extension of North General Kearny, Sean Hummel asked that this road not be extended. G. Rosemary Prieke, Temecula, also requested North General Kearny not be extended, due to traffic concerns and the rural nature of the area. H. Also regarding the extension of N. General Kearny, Terry Stute requested this road not be extended due to safety concerns for children in the area, and due to increased traffic. I. Maryann Edwards, Temecula, invited the audience and Council to join her in singing Happy Birthday to Mayor Pro Tem Jeff Comerchero. CITY COUNCIL REPORTS Councilman Washington told the Meadowview residents that they will have the opportunity to voice their opinions regarding North General Kearny at the appropriate time. He also encouraged all Temecula citizens to vote next Tuesday, November 2nd. Councilman Roberts requested that the City Attorney get a ruling from the FPPC whether the Council can draw straws to resolve the conflict regarding the North General Kearny extension. City Attorney Thorson answered he will write a letter to the FPPC asking whether the Council could draw straws and resolve this issue prior to Councilman Stone leaving office. Mr. Roberts also reported on his S. Korean trip representing SCAG, showing slides of the progress Seoul has made in a very short period of time regarding transportation and redevelopment. Mayor Pro Tem Comerchero thanked Meadowview residents for speaking regarding the extension of North General Kearny. He clarified that other than a recommendation from a citizen group, there has been no action regarding this issue. R:\Minutes\ 102604 I I I Also addressing Lorena Spencer's views on the Farmer's Market, he clarified that the Farmer's Market is a private enterprise, not a City-sponsored event. He stated, however, that the City will sponsor a meeting with the concerned parties to see if a compromise could be reached. Councilman Stone thanked the Meadowview residents for voicing their concerns, and explained there is no conspiracy to open North General Kearny. The General Plan Advisory Committee has been asked to make recommendations regarding the General Plan, however the City Council has the responsibility to make the difficult decisions and to honor commitments made in the past to the residents of Temecula. He also stated the City is currently in litigation with the County of Riverside to address traffic concerns and the needs of the City of Temecula and that he, as the incoming County Supervisor, will act more responsibly to address the needs of residents in this district. Mayor Naggar stated that misinformation is detrimental to the process of amending a General Plan, and further clarified that the Council is addressing many aspects all over the City. He explained that a process was set up, with many people involved, to make recommendations and address needs of the entire City. He explained that the issue of the North General Kearny extension, will not be likely heard until early next year. He stated that this Council has a long- standing commitment to its citizens in upholding their needs and desires. City Attorney Thorson clarified the statement made by Councilman Stone, reporting the lawsuit challenging the County's General Plan, is currently pending, and is based on the County not adequately taking care of traffic problems of southwest Riverside County. 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 Minutes RECOMMENDATION: 2.1 Approve the minutes of October 12, 2004. - Councilman Roberts abstained. 3 Resolution approvinq List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: R:IMinutes1102604 I I I RESOLUTION NO. 04-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Community Service Fundino Prooram RECOMMENDATION: 4.1 Review and approve the 2004-05 Community Service Funding Program grants per the attached table outlining the Committee's recommendations of $127,300 to 41 organizations. 5 Resolution Denvino Plannino Application No. PA02-0717 a Conditional Use Permit and Development Plan for the construction and operation of a 45-foot tall Mono-Palm Wireless Telecommunications Facility with Four Outdoor Eouipment Cabinets proposed at 31575 Enfield Lane. oenerallv located on the south side of Enfield Lane. approximatelv 3.200 feet east of Riverton Drive (Cinoular Wireless. applicant: Valesta Aver. Appellant) RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 04-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING THE APPEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. PA02-0717 - A CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN FOR THE CONSTRUCTION AND OPERATION OF A 45.FOOT TALL MONO-PALM WIRELESS TELECOMMUNICATIONS FACILITY WITH FOUR OUTDOOR EQUIPMENT CABINETS PROPOSED AT 31575 ENFIELD LANE, GENERALLY LOCATED ON THE SOUTH SIDE OF ENFIELD LANE, APPROXIMATELY 3,200 FEET EAST OF RIVERTON LANE (APN 957-170-012) AND DENYING PLANNING APPLICATION NO. PA02.0717 6 Resolution adoptino a penalty schedule for the Community Standards Preservation Ordinance RECOMMENDATION: 6.1 Adopt a resolution entitled: R:\Minutes\102604 I I I RESOLUTION NO. 04.106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A PENALTY SCHEDULE IN SUPPORT OF THE COMMUNITY STANDARDS PRESERVATION ORDINANCE 7 Adoption of Riverside County Operational Multi-Jurisdictional Local Hazard Mitioation Plan (LHMP) RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 04-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE RIVERSIDE COUNTY OPERATIONAL AREA MUL TI-JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN AS REQUIRED BY THE FEDERAL DISASTER MITIGATION AND COST REDUCTION ACT OF 2000 8 Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the Old Town Southern Gatewav Landscapino Proiect No. PW02-20 RECOMMENDATION: 8.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for the Old Town Southern Gateway Landscaping - Project No. PW02-20. 9 Aoencv Aoreement and Water Svstem Grant Deed between the Rancho California Water District and the City of Temecula associated with the Old Town Temecula Community Theater Proiect No. PW02-23 RECOMMENDATION: 9.1 Approve an Agency Agreement with the Rancho California Water District pertaining to the two specific parcels of land that comprise the Old Town Temecula Community Theater site (PW02-23) and authorize the City Manager to execute the Agreement; 9.2 Approve a Water System Grant Deed with Rancho California Water District thereby transferring all rights, title, and interests in specific portions of the water system improvements to be constructed as part of the Old Town Temecula Community Theater - Project No. PW02-23 - to the District and authorize the City Manager to execute the Deed. R:\Minutes\1026O4 I I I 10 Pechanoa Parkwav Storm Drain Improvements - Final Staoe - Proiect No. PW99-11CH RECOMMENDATION: 10.1 Approve Contract Change Order No.5 to the existing contract with Road Builders, Inc. in the amount of $1,037,230.00, adding the construction of the downstream segment of the Wolf Valley Creek Channel - Stage 1 - from 900:t feet north of Muirfield Drive to Temecula Creek; 10.2 Increase the project contingency and the City Manager's Contract Change Order approval limit by $103,723.00 above the previously approved 10% contingency. 11 Award of Construction Contract for the Roripauoh Ranch Fire Station - Proiect No. PW03- 01 RECOMMENDATION: 11.1 Award a construction contract for the Roripaugh Fire Station - Project No. PW03-01 - to Tovey/Schultz Construction, Inc. in the amount of $3,298,000.00 and authorize the Mayor to execute the contract; 11.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $329,800.00 which is equal to 10% of the contract amount; 11.3 Accelerate the appropriation of budgeted funds in FY 1005-2006 to FY 2004-2005 in the amount of $3,782,830.00; 11.4 Approve an appropriation of $937,170 for the Roripaugh Ranch Fire Station from Community Facility District (CFD) Reimbursables and County of Riverside Reimbursables; 11.5 Increase estimated revenues for the Roripaugh Ranch Fire Station in the amount of $648,585 for CFD Reimbursables and $288,588 for Riverside County Reimbursables. 11.6 Approve an advance of $815,000 from the General Fund to the Roripaugh Ranch Fire Station. 12 Professional Services Aoreement with Vanir Construction Manaoement. Inc. for construction manaoement. material testino. and special inspections for the Roripauoh Ranch Fire Station - Proiect No. PW03-01 RECOMMENDATION: 12.1 Approve the agreement with Vanir Construction Management, Inc. to provide professional construction management, material testing, and special inspection services in an amount not to exceed $273,240.00 and authorize the Mayor to execute the agreement; 12.2 Authorize the City Manager to approve amendments to the agreement not to exceed the contingency amount of $27,300 which is equal to 10% of the agreement amount. R:\Minutes\102604 I I I 13 1-15/State Route 79 South Ultimate Interchanoe - Proiect No. PW04-08 APNs 922-210- 060. 922-210-061. and 922-210-052 Property ACQuisition RECOMMENDATION: 13.1 Enter into a purchase agreement with Margarita Canyon, LLC for Assessor Parcel Nos. 922-210-060, 922-210-061, and 922-210-052. The purchase price is currently under negotiation with the owner of the property. Staff expects the negotiations to be completed prior to the regularly scheduled City Council meeting on October 26, 2004 and within the budget range. Mayor Pro Tem Comerchero and Mayor Naggar abstained on Item No. 13. City Attorney Thorson advised that the purchase price will be $7,105,000. MOTION: Mayor Pro Tem Comerchero moved to approve Consent Calendar Item Nos. 1-13. The motion was seconded by Councilman Stone and electronic vote reflected approval with the exception of Councilman Roberts abstainina on Item No.2. Mayor Pro Tem Comerchero and Mayor Naggar abstaining on Item No. 13. Mayor Naggar recessed the City Council Meeting at 7:50 P.M. Following the Community Services District and the Temecula Redevelopment Agency Meetings, Mayor Naggar reconvened the City Council Meeting at 8:02 P.M. PUBLIC HEARING 14 An Appeal of the Plannino Commission's approval of PA03-0027 (Conditional Use Permit and Development Plan) - a proposal to develop a 24.287 s~uare foot church facility on a 4.72 acre lot - continued from the October 12, 2004 City Council meeting RECOMMENDATION: 14.1 Adopt a Negative Declaration; 14.2 Adopt a resolution entitled: RESOLUTION NO. 04-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING APPLICATION NO. PA03-0027 (CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN) AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. PA03.0027 TO ESTABLISH AND OPERATE A LATTER DAY SAINTS CHURCH FACILITY CONSISTING OF SANCTUARY, MUL TI.PURPOSE ROOM, CLASSROOMS, AND MEETING ROOMS TOTALING 24,287 SQUARE FEET ON A 4.72 ACRE VACANT PARCEL LOCATED ON THE NORTH SIDE OF PAUBA ROAD AND 140 FEET WEST OF CORTE VILLOSA ALSO KNOWN AS ASSESSOR'S PARCEL NO. 955-050-017 R:IMinutes1102604 I I I Director of Planning Debbie Ubnoske presented the staff report (of record.) Mayor Naggar announced the public hearing has been previously opened and continued to this date. Rocky Snyder, representing the applicant, agreed to the conditions as set forth by the resolution, and thanked the City Council, especially the subcommittee consisting of Mayor Naggar and Councilman Washington. Rebecca Longo. Temecula, thanked the City Council and subcommittee, for the combined efforts to reach a mutual agreement. Stephen Longo, Temecula, agreed with conditions as set forth, and thanked all parties involved to reach a mutually agreeable solution. Mayor Naggar asked if all the residents have signed the paperwork agreeing to the conditions. Director of Planning Ubnoske said that everyone is in agreement in concept and they are working on obtaining all the needed signatures. Mayor Naggar closed the public hearing. Mayor Pro Tem Comerchero thanked all members involved for working together successfully to reach agreement. Councilman Washington thanked the representative of the LDS Church for working with the residents to reach this agreement. Councilman Stone congratulated members of the subcommittee and also representatives of the church for working successfully with surrounding neighbors. MOTION: Councilman Washington moved to approve staff recommendation on Item No. 14.1 and 14.2. The motion was seconded by Councilman Stone and electronic vote reflected unanimous approval. 15 User Fees Revisions RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 04-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE SCHEDULE OF CITYWIDE FEES Deputy Building Official Mark Harold, presented the staff report (of record.) Mayor Naggar opened the public hearing. Hearing no requests to speak, Mayor Naggar closed the public hearing. R:\Minutes\1026O4 I I I Councilman Washington supported staff recommendation and staff's efforts to modify these fees. MOTION: Councilman Stone moved to approve Item No 15. The motion was seconded by Mayor Pro Tem Comerchero and electronic vote reflected unanimous approval. 16 Zone Chance from L-1 to L-2 (PA02-0372) and Tentative Tract Map to create seven residential lots ranaina from .5 to .82 acres in lot area (PA02-0371) RECOMMENDATION: 16.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 04-- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0372, A CHANGE OF ZONE FROM LOW DENSITY RESIDENTIAL (L-1) TO LOW DENSITY RESIDENTIAL (L-2), GENERALLY LOCATED ON THE EAST SIDE OF YNEZ ROAD, OPPOSITE QUIET MEADOWS ROAD, APPROXIMATELY 473 LINEAR FEET NORTH OF THE CENTER LINE OF SANTIAGO ROAD, A 4.57 ACRE PARCEL KNOWN AS ASSESSOR PARCEL NO. 945-060-006 16.2 Adopt a resolution entitled: RESOLUTION NO. 04-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02.0371 - TENTATIVE TRACT MAP NO. 30169 SUBDIVIDING 4.57 GROSS ACRES INTO SEVEN SINGLE. FAMILY LOTS, GENERALLY LOCATED ON THE EAST SIDE OF YNEZ ROAD, OPPOSITE QUIET MEADOWS ROAD, APPROXIMATELY 473 LINEAR FEET NORTH OF THE CENTER LINE OF SANTIAGO ROAD, KNOWN AS ASSESSOR PARCEL NO. 945-060.00 Principal Planner Hazen presented the staff report (of record.) Councilman Stone asked what the surrounding zoning is of this property. Mr. Hazen answered that the immediate tract to the south is L2, and the surrounding parcels are L1, one-acre minimum. Mr. Stone further asked if this project has been conditioned with infrastructure improvements to the intersection of Santiago and Ynez. Public Works Director Bill Hughes answered there is no condition for off-site improvements to this intersection, explaining that the number of homes is consistent with what was planned for this area. R:\Minutes\1026O4 I I I Asking about the egress of this project, Councilman Roberts asked if this would be "right-in, right-out" or whether it would have full-turning movements. Public Works Director Hughes answered that the project realigned the road coming from the East, and a good four-way intersection will exist, allowing full-turning movements. Councilman Stone asked why increasing the density would be an asset to the community. Mr. Hazen answered this was considered a transition density and would be consistent with the community. He also explained that this is a part of the newly adopted Interim Chaparral Policy. Deputy City Manager Thornhill further clarified that the density has not changed in this area, only the lot sizes. Clarifying the issue, Mr. Stone explained the Council was addressing the entire Chaparral area, and not specifically this one area. Mayor Naggar opened the public hearing. Larry Markham, Temecula, representing the applicant, emphasized that this is not a General Plan Amendment. It is consistent with the Chaparral Policy Plan, as recommended by the General Plan Committee and the Council. He further explained that the net effect actually cuts the density by going to the gross half-acre density on the remainder of the Chaparral area. The configuration is now at a seven-lot, gated community configuration, with improved alignment to the street for better traffic flow. He clarified that the slope areas, and street frontage will be maintained by a home owners association. In conclusion, Mr. Markam stated the applicant is in support of staff and Commission recommendations. Mayor Naggar asked if this community would be gated. Mr. Markam answered that it is the intent for this to be a private street-gated community. Larry Slusser, Temecula, spoke in support of the subdivision as a near-by resident, and felt this is a reasonable transition, and will be of benefit to the community. Also addressing the issue, as a resident just south of the site, Chris Hermann, Temecula, spoke in support of the proposed development. Ralph E. Neimeyer, Temecula, spoke in opposition to the proposed development, stating he feels it should remain as one-acre lots. He also requested a block wall be installed to surround his property should this project be approved. Paul Tanna, Temecula, read a letter from Steve Liss, an adjacent property owner, in opposition to the change of zone, and requested the minimum one-acre lot size be maintained. Also opposing the zone change, Dianne Tanna, addressed the City Council asking that the current zoning be maintained. Bob Burns, Temecula, also a resident residing on Santiago, spoke in opposition to the proposed zone change. He asked that this area be maintained as one-acre minimum lots. Mayor Naggar closed the public hearing. Councilman Stone stated the Chaparral area is an equestrian area, and the majority of homes are on 2-3 acre lots, with a rural life-style. He expressed his desire to keep the zoning at one- acre minimum lots, due to the surrounding uses. He explained that there is no compelling reason to change the zone to half acre lot sizes. R:\Minutes\1026O4 10 I I I City Attorney Thorson stated the applicant needs the opportunity for rebuttal. Larry Markham, representing the applicant, stated he feels this development will provide an amenity to the community by widening the road and providing a quality development. He addressed concerns regarding the surrounding residents, agreeing to a condition for a block wall surrounding abutting resident's properties. He said he feels this project is consistent with the current policy, and concurs with the recommendation of the Planning Commission. Councilman Washington stated he feels the applicant is planning a quality development, and questioned whether it would be significantly different whether it is two or three homes. Mayor Naggar stated this issue has been discussed at length over the past year, with it culminating in the development of a policy. He said he feels it is important to stay consistent with the policy, since the developer used this policy to move forward. He agreed that a block wall should be installed surrounding Mr. Neimeyer's property. Councilman Stone expressed his views on this policy, stating it was done with a "broad brush" effect, and that individual cases need to be considered. He expressed his desire to keep this zoning at the large-lot size, to protect the property values of surrounding neighbors. Explaining the Chaparral Policy that was developed, Councilman Comerchero, stated that the gross density of two dwelling units per acre in this area "may" be allowed. Further elaborating, he stated that the intent was to have the ability to make value judgments whether it warranted an increase, based on what amenities the City would derive in exchange for the zone change. He stated he does not feel the developer is providing anything that does not benefit the project itself. Councilman Roberts expressed his concern for keeping the rural nature of the area and his desire to retain the larger lot size zoning. Councilman Washington stated he feels that if all the lots along Ynez were at the lower lot size it would have a better fit for the area. Otherwise, this one differing area doesn't seem to be compatible. He also questioned whether single-family lots go through architectural review. Deputy City Manager Thornhill responded that only sub-divisions go through this type of review. Mayor Naggar expressed concern that if the lots are sold individually, there will be no control over the product being built. Councilmember Stone stated that anyone building homes on these large lots, will be of the caliber that the community will support. He explained that the lots which will be sold at approximately $300,000 a piece will probably support $1 million dollar homes. He responded that custom homes will not want the restrictions of a home owners association. MOTION: Councilman Roberts moved to deny the Zone Change with the accompanying resolution of denial. The motion was seconded by Councilman Stone. Further Council discussion ensued. Mayor Naggar asked about the topic of amenities. Mr. Markham stated he would entertain a continuance to discuss what amenities the developer could provide the City where they would feel comfortable approving the project. He said it would have to be something that would be affordable to the developer, and mutually agreed upon. R:\Minutes\ 102604 11 I I I Mayor Naggar further asked if amenities could not be mutually agreed upon, would the developer like a continuance with the ability to amend the map and bring it back for consideration. Mr. Markham agreed that the applicant would like to do so. City Attorney Thorson clarified that to amend the map, the applicant would have to withdraw the current plan, and essentially start over. Mayor Naggar asked that a two week continuance would be granted to see if amenities could be mutually agreed upon. Councilman Washington asked if the project came back as a four-lot project, would the street alignment be lost. Mr. Hughes stated that even with a four-lot project, Public Works would still insist on the street alignment. Mr. Washington further asked if a continuance is requested. will it be meaningful, or should the denial go forward. Councilman Stone clarified that he could find no compelling reason to approve this higher density and zone change. He said he feels this change is not an appropriate transition to this area, and agrees with surrounding residence. Mayor Naggar stated he feels it is the intent of the Council, if this zone change is denied, that the applicant could amend his map to a four-lot subdivision, without incurring further application costs. Concurrence was reached on this point. Clarifying his intent, Councilman Roberts amended his motion, with Councilman Stone amending his second to the following: MOTION: Councilman Roberts moved to deny the Zone Change and adopt a resolution denying the zone change, and referred the subdivision portion to the Planning Commission to consider a four-lot subdivision. The motion was seconded by Councilman Stone and electronic vote reflected unanimous approval. RECESS Mayor Naggar called a recess at 9:35 P.M. The meeting was reconvened at 9:50 P.M. 17 First Extension of Interim Ordinance: Prohibition of Medical Mariiuana Dispensaries RECOMMENDATION: 17.1 Adopt an ordinance, by a 4/5ths vote, entitled: URGENCY INTERIM ORDINANCE NO. 04-14 AN URGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ESTABLISHING, CONTINUING, AND EXTENDING THE PROHIBITION OF THE ESTABLISHMENT OF MARIJUANA DISPENSARIES IN ANY ZONING DISTRICT WITHIN THE CITY City Attorney Thorson presented the staff report (of record.) R:\Minutes\ 102604 12 I I I Mayor Naggar opened the public hearing. Hearing no requests to speak, Mayor Naggar closed the public hearing. MOTION: Councilman Washington moved to adopt Urgency Ordinance No. 04-14. The motion was seconded by Councilman Comerchero and electronic vote reflected unanimous approval. COUNCIL BUSINESS 18 Community Services Commission Appointments RECOMMENDATION: 18.1 Appoint two applicants to serve full three-year terms on the Community Services Commission through October 10, 2007. Deputy City Clerk Ballreich presented the staff report (of record.) MOTION: Councilman Washington moved to reappoint Commissioners Henz and Hogan to serve full three-year terms. The motion was seconded by Councilman Stone and electronic vote reflected unanimous approval. 19 Public Traffic Safety Commission Appointments RECOMMENDATION: 19.1 Appoint two applicants to serve full three-year terms on the Public Traffic Safety Commission through October 10, 2007. Deputy City Clerk Ballreich presented the staff report (of record). Robert Wheeler, Murrieta, addressed the Council in support of reappointing Commissioner Darrell Connerton to the Public Traffic Safety Commission. MOTION: Councilman Washington moved to reappoint Paul Jacobs and appoint Tomi Arbogast to serve a full three-year term on the Public Traffic Safety Commission. Mayor Naggar suggested splitting the motions to vote on each candidate separately. Councilman Washington withdrew his motion so this could take place. Councilman Stone spoke in support of reappointing Darrell Connerton, especially in view of the many accomplishments, including his work on "Measure C." He thanked Commissioner Connerton for his unselfish work on this Commission and for the City of Temecula as a whole. MOTION: Mayor Naggar moved to reappoint Paul Jacobs to serve a full three-year term on the Public Traffic Safety Commission. The motion was seconded by Councilman Stone and voice vote reflected unanimous approval. R:\Minutes\ 102604 13 I I I MOTION: Councilman Stone moved to reappoint Darrell Connerton to serve a full three- year term on the Public Traffic Safety Commission. The motion was seconded by Councilman Comerchero. Voice vote reflected the motion failed 2-3, with Councilmembers Stone and Comerchero in favor, and Mayor Naggar, and Council members Roberts and Washington in opposition. MOTION: Mayor Naggar moved to appoint Tomi Arbogast to serve a full three-year term on the Public Traffic Safety Commission. The motion was seconded by Councilman Washington. Voice vote reflected unanimous approval. 20 City Council Meetina Schedule - December 2004 RECOMMENDATION: 20.1 Provide direction to the City Clerk to reschedule or cancel a meeting in December 2004, and to perform the appropriate postings and noticing requirements of the Government Code. Deputy City Clerk Ballreich presented the staff report (of record.) MOTION: Councilman Roberts moved to reschedule the December City Council meetings to December 7 and 14,2004. The motion was seconded by Councilman Washington and voice vote reflected unanimous approval. 21 Freewav Bridae Fencina (At the request of Councilman Roberts) RECOMMENDATION: 21.1 Provide direction to staff regarding the installation of additional barrier fencing on freeway bridges within the City of Temecula. Councilman Roberts reported he asked for this item to be placed on the agenda, to look at fencing on freeway bridges. He suggested that due to the large amount of traffic utilizing these bridges, the extra funding needed would be well worth the cost. Councilman Washington asked whether the current configuration is in full compliance with Caltrans, and if extra fencing would be over and above current requirements. City Attorney Thorson confirmed this is correct; however the City does have the option to request that Caltrans put in additional fencing. Strongly supporting further analyses by staff, Councilman Comerchero stated his support of extra fencing on freeway bridges. Councilman Stone supported the requested, but further suggested this be brought to the Public Traffic Safety Commission for their input. Mayor Naggar asked what the proper action would be at this point. Public Works Director stated the City has had discussions with Caltrans on the City's options. He explained that Caltrans is in full compliance with their standards, however if the City wishes to entertain further fencing, at the City's costs, that is possible. He further said that engineering will need to be R:\Minutes\ 102604 14 I done to determine what options will work, and cost estimates are assuming lengthy Caltrans process which each fence being designed individually. Charity Smith, Temecula, presented the City Council with a petition containing over 450 signatures, in support of additional fencing. She explained that her boyfriend went over the Rancho California Bridge and anything that could be done to help prevent these incidents would be well worth the cost. MOTION: Councilman Roberts moved to explore fencing options, to analyze the bridges, to advise the Public Traffic Safety Commission of options, and to forward a letter to Caltrans. Councilrnan Stone seconded the motion and electronic vote reflected unanimous approval. DEPARTMENTAL REPORTS None given. CITY MANAGER'S REPORT City Manager Nelson reported the General Plan Workshop scheduled for Thursday, November 4,2004, in the Council Chambers, will begin at 6:00 P.M. CITY ATTORNEY'S REPORT I City Attorney Thorson reported that with respect to Closed Session Itern No.1, listed on the agenda, and also on the Consent Calendar, Mayor Naggar and Councilman Comerchero did not participate in that discussion. Pertaining to all other Closed Session Iterns, direction was given to staff. ADJOURNMENT At 10:15 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday, November 9, 2004, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. I - - - ' R:\Minutes\102604 15