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HomeMy WebLinkAbout100907 CC Minutes I I I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL OCTOBER 9, 2007 The City Council convened in Closed Session at 6:00 p.m. and its regular meeting commenced at 7:00 p.m., on Tuesday, October 9, 2007, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula California. Present: Council Members: Comerchero, Edwards, Naggar, Roberts, and Mayor Washington. Absent: Council Members: None. PRELUDE MUSIC The prelude music was provided by Temecula Chorus. INVOCATION The invocation was provided by Pastor Leon Franklin of Living Word Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Council Member Edwards. PRESENT A TIONS/PROCLAMATIONS National Phvsical Therapv Month Urging all citizens to join in a national effort to raise health and fitness awareness, Mayor Washington proclaimed October 2007, to be National Physical Therapy Month. Week of Praver for Interfaith Understandina Relaying that the Temecula Interfaith Council's goal would be to eradicate misunderstandings, myths, and prejudices about each other's faith and traditions, Mayor Washington proclaimed October 21, 2007, to be Week of Prayer for Interfaith Understanding. True North-Citizen Opinion Survey results By way of PowerPoint Presentation, Mr. Tim Mclarney, representing True North Research, highlighted on the following statistics: . Purpose of Study . Methodology of Study . Overall Quality of Life . Overall Satisfaction . Satisfaction with Services . Spending Priorities . Final Thoughts . Survey of Residents. R:\Minutes\100907 1 Mayor Washington thanked Mr. Mclarney for his presentation and advised the public that the statistics will be posted on the City's website for review. I PUBLIC COMMENT A. Mr. Stephen Eldred, Old Town Merchant, relayed his disappointment with an agreement between the City of Temecula and the Farmer's Market; advised that the agreement being proposed by staff was without input of the Old Town merchants; and requested that a bid be opened to allow other entities to apply to manage the Farmer's Market. B. Mr. AI Rattan, relayed that the issue of the Farmer's Market would not be whether or not Temecula residents would desire a Farmer's Market, but rather how the Farmer's Market is being managed, and that it would be his opinion that the City should allow opportunities for Civic Groups to bid for the position of managing the Old Town Farmer's Market. Mr. Rattan also expressed concern with the limited amount of parking spaces in Old Town. C. Ms. Lorena Spencer, Temecula, Old Town merchant, relayed her dismay with the City's lack of interest for the Old Town merchants; viewed that the City favors the Farmer's Market over the Old Town merchants; noted that if a change does not occur with the Farmer's Market, Old Town will become a ghost town; and stated that the Farmer's Market will turn into a flea market. D. Ms. Leah Di Bernardo, Temecula, spoke in favor of the Farmer's Market noting that a solution to the issue may be to reduce the number of non-food vendors, maintaining a larger percentage for farmers and local food artisans. I E. Ms. Evelyn Honea, Temecula, commended the City in resolving the issue of vendors partaking in the Farmer's Market without a permit; and relayed that the Downtown Temecula Association would support working with the City of Temecula to encourage revitalization of the Old Town Community. F. Ms. Yvette Anthony, Temecula, reiterated her concern with the development of her project and requested a meeting with the Mayor and/or City Council Member. G. Ms. Melanie Nieman, representing Eastern Municipal Water District, invited the Council to attend a workshop with regard to water use efficiency to be held on Thursday, October 18, 2007. H. Mr. Doc Lane, commented on the purpose of a Mitigated Negative Declaration versus an Environmental Impact Report (EIR) as well referenced City Council minutes of a May 25, 2004. I. Eagle Scout Daniel Runkel, Temecula, explained his project to install benches in front of the Children's Museum and requested financial assistance from the City. In response to Daniel's request, Mayor Washington advised him to contact Council Member Comerchero and/or Edwards. J. Mr. Steve Phillips, Temecula, provided the Council with photos and described the slope issues of Pauba Ridge Park. I K. Ms. Karen Linstrum, Temecula, spoke in favor of the Farmer's Market and encouraged the marketing of the Old Town Farmer's Market on a larger scale. R:\Minutes\ 100907 2 I I I CITY COUNCIL REPORTS A. Referencing a comment made by a speaker regarding the Farmer's Market agreement, Council Member Comerchero advised that an agreement has not yet been written; that staff came forward with a recommendation, but that an agreement has not been approved. B. Council Member Roberts highlighted on the importance of attending the Eastern Municipal Water District's Water Use Workshop. C. Council Member Edwards relayed that the City has been and will continue to be enthusiastic in promoting Old Town. She also relayed that the City will be working toward implementing an Ordinance with respect to foreclosures which will be forwarded to the Planning Commission for review and consideration. D. Having attended a recent Western Riverside Council of Governments (WRCOG) meeting, Mayor Washington provided an update and further explained the public hearing process to the audience. CONSENT CALENDAR 1 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 List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 07-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 City Treasurer's Report as of Auaust 31. 2007 RECOMMENDATION: 3.1 Approve and file the City Treasurer's Report as of August 31, 2007 4 Southwest California Economic Alliance 2007-08 Operatina Aareement RECOMMENDATION: 4.1 Approve the Southwest California Economic Alliance 2007-08 Operating Agreement in the amount of $60,000. R\Minutes\100907 3 I I I 5 Authorize Temporary Partial Street Closures for the "Race for the Cure" Event October 21. 2007. in the Promenade Mall Area (Maraarita Road. Overland Drive. Ynez Road. and Solana Wav) RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 07-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING PARTIAL STREET CLOSURES FOR THE INLAND EMPIRE "RACE FOR THE CURE" EVENT ON OCTOBER 21,2007, AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THIS SPECIFIC SPECIAL EVENT (Mayor Washington abstained with regard to Item No.5) 6 Authorization to Solicit and Neaotiate a Proposal from RBF Consultina to Desian the Interstate-15/Hiahway 79 South Ultimate Interchanae. Proiect No. PWQ4-0 RECOMMENDATION: 6.1 Authorize the Department of Public Works to solicit and negotiate a proposal from RBF Consulting to design the Interstate-15/Highway 79 South Ultimate Interchange, Project No. PW04-08. 7 Holidav Schedule for City Council Meetinas RECOMMENDATION: 7.1 Direct the City Clerk to reschedule the regularly scheduled meeting of November 13, 2007 to November 6, 2007, and cancel the regularly scheduled meeting of December 25, 2007; and to perform the appropriate postings and noticing requirements of the Government Code. 8 Amendment NO.1 to Verizon Cable Franchise RECOMMENDATION 8.1 Adopt a resolution entitled: RESOLUTION NO. 07-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AND AUTHORIZING THE EXECUTION OF AMENDMENT NO.1 TO THE NONEXCLUSIVE CABLE FRANCHISE AGREEMENT BETWEEN THE CITY AND VERIZON CALIFORNIA INC. R:\Minutes\100907 4 I I I 9 Purchase of four Citv Vehicles RECOMMENDATION: 9.1 Approve the purchase of the following vehicles from Rancho Ford: Two (2) - 2008, 2WD, 1-Ton Utility Truck each One (1) - 2008, 4WD, %-Ton F-150 Extended Cab Pickup Truck One (1) - 2008, 4WD Mid-Size Extended Cab Pickup Truck $28,626.07 $23,044.62 $21,135.29 9.2 Approve an additional capital asset allocation in the vehicle internal service fund for $10,000 to complete this vehicle purchase and provide funding for all after market safety equipment. 10 Amendment to Professional Services Aareement for Special Tax Administration Services RECOMMENDATION: 10.1 Approve the Third Amendment with NBS for special tax administration services in the amount of $9,270 for FY 2007108 for consultant costs related to the removal (stripping) of special tax levies from the county roll on all delinquent parcels within CFD 03-2 Roripaugh Ranch. This is a required process in order to proceed with foreclosure proceedings. 11 Second Readina of Ordinance No. 07-12 RECOMMENDATION: 11.1 Adopt an Ordinance entitled: ORDINANCE NO. 07-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 9.20 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING CITYWIDE STANDARDS FOR REGULATING NOISE 12 Second Readina of Ordinance No. 07-13 RECOMMENDATION: 12.1 Adopt an Ordinance Entitled: ORDINANCE NO. 07-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT AGREEMENT BETWEEN TEMECULA PROPERTIES, LLC, PROFESSIONAL HOSPITAL SUPPLY, INC., AND THE CITY OF TEMECULA FOR AN APPROXIMATE 84-ACRE SITE GENERALLY LOCATED AT THE NORTHWEST CORNER OF DENDY PARKWAY AND WINCHESTER ROAD IN THE CITY OF TEMECULA (APN 909-370-018 AND 909- 370-032) PLANNING APPLICATION NO. PA07-0220 R:\Minutes\100907 5 I I I Council Member Roberts commented on the importance of Consent Calendar Item No. 6 (Interstate 15/Highway 79 south Ultimate Interchange Project). MOTION: Council Member Comerchero moved to approve the Consent Calendar. Council Member Roberts seconded the motion and electronic vote reflected approval with the exception of Mayor Washington who abstained on Item NO.5. At 8:07 p.m., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 8:09 p.m., the City Council resumed with regular business. PUBLIC HEARING 16 Plannina Application PA07-0252. Winchester Hills Development Aareement Amendment RECOMMENDATION: 16.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN the CITY OF TEMECULA AND WINCHESTER HILLS I, LLC 16.2 Adopt a Resolution entitled: RESOLUTION NO. 07-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED FEE CREDIT AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND JONES/BLUMENTHAL TEMECULA REAL PROPERTY LLC By way of PowerPoint Presentation, Associate Planner Damko highlighted on the following: . Project Description . Background . Location . Service Commercial Permitted Uses · Environmental Determination . Recommendation. In response to Council Member Comerchero's query, Associate Planner Damko noted that no changes to the original proposal have been made and/or are being requested. At this time, the public hearing was opened. A. Mr. Stephen Bieri, applicant, noted that he would be in agreement with staffs Conditions of Approval and advised that a workshop will be conducted to ensure that surrounding residents have an opportunity to add input and suggestions. R:\Minutes\100907 6 I I I B. Mr. Garth Blumenthal, representing Fletcher Jones, relayed his commitment to the local community and his willing to work with adjacent communities to address any concerns. The following individuals spoke in opposition of the proposed project: . Ms. Mary Crouse, Temecula · Mr. Steve Crouse, Temecula . Mr. Steve Acuna, Temecula . Mr. Mark Coleman, Temecula . Mr. Jon Roberts, Temecula . Mr. Keith Williams, Temecula . Mr. Don Smith, Temecula. The above-mentioned individuals spoke in opposition of a car dealership for the following reasons: · That a car dealership would not be compatible with adjacent communities · That lighting would cause a disturbance for adjacent residence during evening hours . That Lennar led homeowners to believe that the site of discussion would be a small commercial shopping center, not a car dealership . That Harveston residents would request to keep its community a family community. Mr. Bieri relayed that the project before the Council at this time would not be for a car dealership and reiterated that the applicant will be attending the Harveston Homeowners Association meetings to explain the entire project. At this time, the public hearing was closed. Understanding the concerns of the residents, Mayor Pro Tem Naggar relayed that the proposal before the Council would not be a proposal for a Mercedes Benz dealership, but rather a Development Agreement. For the City Council, Director of Public Works Hughes noted that in the future, Ynez Road will extend to the City of Murrieta and that there will be an off-ramp on Date Street. Council Member Comerchero explained the Harveston Specific Plan planning process. City Attorney Thorson noted that the item before the Council would not be whether or not to approve a dealership but rather whether or not to extend the term of the Development Agreement and noted that an addendum to the Environmental Impact Report (EIR) was performed which included the Harveston Specific Plan which addressed air quality, biological resources, and traffic mitigation measures. Council Member Roberts relayed that adding a buffering wall to help mitigate noise issues when a Mercedes Benz dealership is proposed. Council Member Edwards provided a brief history of the Harveston Development. At this time, Mayor Washington explained the planning process of development. Mayor Washington also commended City Manager Nelson for his continued commitment to the City of Temecula. R\Minutes\100907 7 At this time, City Manager Nelson introduced and read by title only Ordinance 07-14. I MOTION: Council Member Edwards moved to approve Item No. 16.1. Council Member Roberts seconded the motion and electronic vote reflected unanimous approval. MOTION: Council Member Edwards moved to approve Item No. 16.2. Council Member Roberts seconded the motion and voice vote reflected unanimous approval. CITY MANAGER REPORT No report at this time. CITY ATTORNEY REPORT With respect to Closed Session, City Attorney Thorson advised that there were three Closed Session items and that there was no formal action to report but did advise for the record that with respect to Item 1 and Item 2 (pending litigation) neither Council Member Comerchero nor Mayor Pro Tem Naggar participated. ADJOURNMENT At 9:08 p.m. the City Council meeting was formally adjourned to Tuesday, October 23, 2007, at 5:30 p.m. for a Closed Session, with regular session commencing at 7:00 p.m. City Council Chambers, 43200 Business Park Drive, Temecula, California. I ATTEST: ones, CMC '. [SEAL] I R:\Minutes\100907 8