HomeMy WebLinkAbout111897 CC MinutesMINUTES OF AN ADJOURNED REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
NOVEMBER 18, 1997
EXECUTIVE SESSION
A meeting of the City of Temecula City Council was called to order at 5:30 P.M. It was duly
moved and seconded to adjourn to Executive Session, pursuant to Government Code Sections:
1)
§54956.8, Conference with Real Property Negotiator, Property: 28725
Pujol Street (APN 922-062-010); Negotiation Parties: City of Temecula
Redevelopment Agency and Bonnie Corbin; Under negotiation: price and
terms of payment for acquisition of the property.
2)
§54956.8, Conference with Real Property Negotiator, Property: 28497 and
28485 Pujol Street (Sherwood Apartments); 28559 and 28565 Pujol Street
(Pujol Apartments); 28545, 28555, 28535, and 28534 Pujol Street (Agency-
owned Property); Negotiating Parties: City of Temecula Redevelopment
Agency and Affirmed Housing Group; Under negotiation: Terms of disposition
and development agreement for sale of property and development of
affordable housing project.
3)
§54956.8, Conference with Real Property Negotiator, Property: 28545 Front
Street (APN922-036-031); Negotiating Parties: City of Temecula
Redevelopment Agency and Roy Black; Under negotiation: price and terms
of payment for acquisition of the property.
4)
§54956.8, Conference with Real Property Negotiator, Property: 28640 Pujol
Street (APN 922-053-020); Negotiating Parties: City of Temecula
Redevelopment Agency and Mark Lawer; Under negotiation: price and terms
of payment for acquisition of the property.
5)
§54956.8, Conference with Real Property Negotiator, Property: 26631 Ynez
Road; Negotiating Parties: City of Temecula Redevelopment Agency and
Toyota of Temecula; Under negotiation: Terms and conditions of development
agreement relating to the property.
6) §54956.7(c), Conference with Legal Counsel, whether to initiate litigation, one
matter.
The Temecula City Council reconvened at 7:08 P.M. at the City Council Chambers, 43200
Business Park Drive, Temecula, California, to consider regularly scheduled City Council business.
Mayor Birdsall presiding.
Minutes\l 11897 I
PRESENT:
Councilmembers:
Ford, Linderoans, Roberts, Stone, and
Birdsall
ABSENT: Councilmembers: None
PRELUDE MUSIC
The prelude and intermission music was provided by Tanner Palmer.
INVOCATION
The invocation was given by Rabbi Josef Germaine, Congression B'Nai Chaim of Murrieta.
PLEDGE OF ALLEGIANCE
The audience was led in the Flag salute by Councilmember Ford.
PRESENTATIONS/PROCLAMATIONS
Mayor Birdsall proclaimed November 19 - 25, 1997, as National Family Week.
proclamation was accepted by Mary Ann Cunningham with great appreciation.
PUBLIC COMMENTS
The
A. Ms. Margaret Whistan, 43166 Camino Casillas, apprised the Councilmembers of an
upcoming fundraiser for Michael Durnell and requested that because this event is a fundraiser,
the $20 temporary permit fee for the placement of the banner be reimbursed. Because this
matter has not been agendized, Mayor Birdsall advised that the Council could take no action
and requested that the request be placed on the Council's next agenda.
B. Ms. Grace Mellman, 36500 DePortola Road, President of the Friends of the Temecula
Library, extended great appreciation to the City Council for its past and continued support of
the library.
C. Ms. Judy Moramarco, 29761 Camino Del Sol, commented on the much needed signage for
Old Town at Interstate 15; requested that Old Town be placed on the State Registry; and
suggested that Front Street at SR 79 be renamed.
D. Commenting on the difficulties associated with placing Old Town on the State Registry, City
Manager Bradley reviewed various methods to achieve this request (renaming of Front Street,
private signage, historical designation by an individual owner) and offered City staff assistance
Minutes\l 11897 2
necessary in completing the application for State Registry.
Advising that an individual has expressed an interest in designating his property as a historical
designation, Councilman Ford encouraged City staff to proceed with appropriate discussions.
Councilman Ford requested that the possible renaming of Front Street be agendized and
suggested that the private placement of a sign be readdressed.
Councilman Roberts concurred with Councilman Ford's comments.
E. By way of written material (copies provided to the Councilmembers), Mr. Jon Nagelvoort,
28475 Front Street, relayed his support of renaming Front Street, suggesting that it be renamed
to Old Town Road, and commented on the much needed signage for Old Town at Interstate 5
in an effort to increase business.
F. Referencing the October 29, and November 6, 1997, car accidents, Ms. Carole Corazza,
44220 La Paz Street, representing the concerns of Los Ranchitos, staff of Rancho Community
Church, staff of Rancho Baptist Church, owners and staff of Van Avery Prep, and several other
citizens, expressed concern and apprised the Councilmembers of a public safety problem at the
La Paz Street and Ynez Road intersection, noting that speeds on DePortola Road and Ynez Road
are excessive. Therefore, she advised that the aforementioned individuals are requesting the
installation of two stop signs located east and west on Ynez Road at La Paz Street.
In response to Mayor Birdsall, City Attorney Thorson advised that the Council may make a
motion to discuss this unagendized item and then discuss the issue under City Council business.
J~;LT.J.0_b~ Councilman Ford moved to discuss the La Paz Street and Ynez Road intersection
based on subsequent need and to discuss it during City Council business. The motion was
seconded by Councilman Lindemans and voice vote reflected unanimous approval.
By way of pictures, Mr. Dave Schumacher, 99110 Vallejo Avenue, brought to the
Councilmembers' attention an eyesore on Bedford Court, noting that the vacant lots are
inundated with trash and that the wind, on a daily basis, blows this trash into his front yard.
To resolve this matter, he requested the installation of a 5' fence along Ynez Road, noting that
he has contacted the City's Code Enforcement Officers on several occasions.
City Manager Bradley advised that Code Enforcement will address the issue and provide
assistance in resolving the concern.
CITY COUNCIL REPORTS
A. Commenting on Make-A-Difference Day, Councilman Ford extended appreciation to Dr.
Blake O'Connor and his wife, Julie O'Connor, for their efforts associated with the proposed
park site on Margarita Road.
Minutes\l 11897 3
Councilman Ford proudly commented on the special recognition the City received from
CBS Channel 2 with regard to the CairnsIris Helmets and the City's progressiveness with regard
to this life-saving measure.
Councilman Ford introduced and welcomed Sister City guests visiting from Nakayama,
Japan.
B. Councilman Roberts thanked the citizens of Temecula for their confidence in him and
reelecting him as a Councilmember of the City of Temecula.
C. Councilman Linderoans suggested that the La Paz Street and Ynez Road intersection
matter be discussed out of order.
D. Councilman Stone informed the Councilmembers and staff of the large number of calls
he has received from residents on the south side of the City with regard to the exacerbation
of traffic. Having met with the Pechanga tribal spokesman, Councilman Stone relayed a strong
spirit of cooperation between the tribe and the City in attempting to mitigate escalating traffic
concerns. He suggested that the Council's subcommittee, comprised of Councilmen Ford and
Roberts, meet in order to discuss the matter to further minimize the traffic concerns.
Councilman Stone thanked the City of Temecula voters for their confidence in reelecting
him for another four years. In light of the proliferation of campaign signs during the recent
election, Councilman Stone suggested that the Political Sign Ordinance be addressed prior to
another election.
Councilman Stone apprised the public of an upcoming fundraiser, Turkey Trot Car Rally,
benefitting the Temecula Valley Sheriff's Mounted Posse.
E. Mayor Birdsall introduced and congratulated newly elected Councilman Jeff Comerchero;
announced that the City's Christmas Parade will be December 4, 1997, at 6:00 P.M.; that the
City's First Christmas Tree Lighting Ceremony will be on December 6, 1997, at 6:00 P.M., at
Sam Hicks Park. She also advised that the Pechanga Development Corporation has offered to
close the Center's Bingo Hall on January 24, 1998, in order to host the 1998 Chamber of
Commerce Installation Dinner. Commenting on the continuing growing relationship between
the City of Temecula, its citizens, and the Pechanga Reservation, Mayor Birdsall extended
appreciation to the Corporation for this very kind gesture.
Referencing the recent recognition the City received from CBS Channel 2 with regard
to the CairnsIris helmets, Mayor Birdsall commented on the associated involvement of Mr. John
Willard and the Rotary Club with the purchase of two such life-saving helmets for the City. For
those who did not have the opportunity to see the Channel 2 Special Report, a videotape was
played in Council Chambers.
CONSENT CALENDAR
Councilman Stone noted that he would be abstaining with regard to Consent Calendar Item No.
18 (Amendment to Lease Agreement with the Temecula Valley Museum, Inc.).
Minutes\l 11897 4
City Attorney Thorson briefly referenced and clarified the amendments made to paragraph 5 of
Consent Calendar Item No. 20.
J~Q_T.J.Q~;. Councilman Stone moved for the approval of Consent Calendar Item
Nos. 1 - 20. The motion was seconded by Councilman Roberts and voice vote reflected
unanimous approval with the exception of Councilman Stone who aJa~aiL]e~ with regard to Item
No. 18.
1. Standard Ordinance Adoption Procedure
1.1
2. Minutes
Motion to waive the reading of the text of all ordinances and resolutions
included in the agenda.
2.1 Approve the minutes of October 28, 1997.
3. Resolution Aoorovina List of Demands
- - _
3.1 Adopt a resolution entitled:
RESOLUTION NO. 97-121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING
CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A.
4. City Treasurer's Re0ort
,
4.1 Receive and file the City Treasurer's Report as of September 30, 1997.
Award of Construction Contract Public Works De0artment Maintenance
Work Order 97-98-007 - Rainbow Canyon Road
5.1
Award a contract for Public Works Department Maintenance Work Order No.
97-98-007 to NPG Corporation in the amount of $11,850.00 and authorize
the Mayor to execute the contract;
5.2
Authorize the City Manager to approve change orders not to exceed the
contingency amount of $1,185.00 which is equal to 10% of the contract
amount. ~
,
Award of Construction Contract Public Works Deoartment Maintenance
Work Order 97-98-008 - Citywide P.C.C. Re0airs
6.1
Award of a contract for Public Works Department Maintenance Work Order
No. 97-98-008 to Walter K. Becker in the amount of $27,964.00 and
authorize the Mayor to execute the contract;
Minutes\l 11897 5
6.2
Authorize the City Manager to approve change orders not to exceed the
contingency amount of $2,796.40 which is equal to 10% of the contract
amount.
.
Comoletion and Acceotance of the Construction of FY97-98 Citywide A.C.
~tr~et Repairs Proiect No. PW97-11
7.1
Accept the construction of FY97-98 Citywide A.C. Street Repairs, Project No.
PW97-11;
7.2
File Notice of Completion, release the Performance Bond, and accept a one (1)
year Maintenance Bond in the amount of 10% of the contract;
7.3
Release the Materials and Labor Bond seven (7) months after filing of the
Notice of Completion if no liens have been filed.
.
Completion and Acceotance of the Construction of FY97-98 Citywide P.C.C,
Reoairs. Proiect No. PW97-12
8.1
Accept the construction of FY97-98 Citywide P.C.C. Repairs, Project No.
PW97-12;
8.2
File Notice of Completion, release the Performance Bond, and accept a one (1)
year Maintenance Bond in the amount of 10% of the contract;
8.3
Release the Materials and Labor Bond seven (7) months after filing of the
Notice of Completion if no liens have been filed.
1
Comoletion and Acceotance of the Traffic Sional at State Route 79 South
and Bedford Court - Pro!ect No. PW96-17
9.1
Accept the traffic signal at State Route 79 South and Bedford Court, Project
No. PW96-17;
9.2
File Notice of Completion, release the Performance Bond, and accept a one (1)
year Maintenance bond in the amount of 10% of the contract;
9.3
Release the Materials and Labor Bond seven (7) months after filing of the
Notice of Completion if no liens have been filed.
Minutes\l 11897 6
10.
11.
Renewal of Annual Riaht-Of-Wav Weed Control Pre-Emeraent and Post
-- _
Emeraent Aoolication. Proiect No. Pwg5-24
10.1
Extend the Right-Of-Way (R-O-W) weed control contract with Pestmaster
Services of Temecula for a period of one (1) year beginning November 18,
1997, and ending November 19, 1998, in an amount not to exceed
$28,331.02.
Release Warranty and Labor and Material Bonds in Tract No. 27827-?
{located northwesterly of the intersection of North General Kearny Road at
Nicolas Road
11.1
Authorize release of the Faithful Performance Street, and Water and Sewer
System bond in the warranty amount, and the Labor and Materials Bond in
Tract No. 27827-2;
11.2 Direct the City Clerk to so advise the Developer and Surety.
12.
Acceot Faithful Performance Bond Rider for Warranty Pumoses in Parcel
Ma~ 27714 {located east of Ynez Road. between Solana Way and Rancho
California Road
12.1 Accept Faithful Performance Bond Rider for warranty purposes in Parcel Map
No. 27714;
12.2 Direct the City Clerk to so notify the Developer and Surety.
13.
Release Labor and Materials Securities for Public Improvements in Tract
No. 24134-2 {located at the southwesterly corner of Pauba Road at Margarit~
13.1 Authorize the release of Labor and Materials securities for Public
Improvements in Tract No. 24134-2;
13.2 Direct the City Clerk to so advise the Developer and Surety.
14.
Accept Infrastructure Improvements in Paloma Del Sol relatino to Tract
--
No. 24134-F {located southeasterly of the intersection of Pauba Road at
Maroarita Road)
--
14.1 Accept the infrastructure improvements in Paloma Del Sol relating to
Tract No. 24134-F;
Minutes\l 11897 7
15.
14.2
Authorize reduction in infrastructure Faithful Performance securities for
streets and drainage, and water and sewer system to warranty level and
initiation of the one-year warranty period;
14.3 Direct the City Clerk to so advise the Developer and Surety.
Accept Infrastructure Improvements in Paloma Del Sol relatino to Tract
No. 24133-1 (located southwesterly of the intersection of Pauba Road at
Meadows Parkway)
15.1 Accept the infrastructure improvements in Paloma Del Sol relating to
Tract No. 24133-1;
15.2
Authorize reduction in infrastructure Faithful Performance security for street,
drainage, water and sewer system improvements to warranty level, and
initiation of the one-year warranty period;
15.3 Direct the City Clerk to so notify the Developer and Surety.
16.
Acceotance of Easement and Riaht of Entry bv the City of Temecula from Electrend.
--
Inc. in connection with the realianment of streets near the intersection of Front
Street and Hi~_hwav 79 South for the 1-15/Hi~_hwav 79 South Interchan_~e
Improvements
16.1 Adopt a resolution entitled:
RESOLUTION NO. 97-122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING A DRAINAGE EASEMENT FROM ELECTREND, INC. FOR DRAINAGE
PURPOSES AND AUTHORIZING THE EXECUTION AND RECORDATION OF THE
EASEMENT DEED IN CONNECTION THEREWITH
16.2 Adopt a resolution entitled'
RESOLUTION NO. 97-123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THAT A CERTAIN 'RIGHT OF ENTRY AND TEMPORARY
CONSTRUCTION AGREEMENT' BETWEEN THE CITY OF TEMECULA AND
ELECTREND, INC.
Minutes\l 11897 8
16.3
17.
18.
19.
20.
Authorize and direct the City Clerk to record the documents approved by the
Resolutions as listed above.
Acceot Infrastructure Improvements in Paloma Del Sol relatino to Tract
--
No. 24132-1 (located southeasterly of the intersection of Maroarita Road at
pauba Road)
17.1 Accept the infrastructure improvements in Paloma Del Sol relating to
Tract No. 24132-1;
17.2
Authorize reduction in Faithful Performance securities for street, drainage,
water, and sewer system improvements to warranty level, and initiation of
the one-year warranty period;
17.3 Direct the City Clerk to so notify the Developer and Surety.
Amendment to Lease Ac]reement with the Temecula Valley Museum. Inc.
--
18.1
Approve an amendment to the Lease Agreement with the Temecula Valley
Museum, Inc., defining the area leased to the Museum and amending the
grant amount to the Museum.
(Councilman Stone abstained with regard to this Item.)
Records Destruction ADoroyal
- -
19.1 Approve the scheduled destruction of certain City records in accordance with
the City of Temecula approved Records Retention Policy.
Ar)oroval of Minor Chanaes to Develor)ment A(]reement for Paloma Del
Sol Develor)ment Agreement. now uPaseo Del Sol." for the _orooertv located
generally north of SR79. southeast of Margarita Road. south of Pauba Road. and
west of Butterfield Stage Road
20.1 Adopt a resolution entitled:
RESOLUTION NO. 97-124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING ADDENDUM NO. I TO AMENDMENT AND RESTATEMENT OF
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND
CAL-PALOMA DEL SOL, A CALIFORNIA LIABILITY COMPANY, AND CAL-CPS
SOUTHEAST, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
Minutes\l 11897 9
At this time, the Urgency Item pertaining to the La Paz Street and Ynez Road
intersection was discussed (see page 3).
With the exception of the two recent accidents at the La Paz Street/Ynez Road intersection,
City Engineer Kicak advised that since 1992, only one other accident (1995) occurred at
this particular intersection; noted that the posted speed of 45 mph is an appropriate speed
for Ynez Road; that traffic volume on both streets has tremendously increased; and that
Ynez Road adequately meets and exceeds the required clear-site distance.
Police Captain LaBahn commented on the notably increased traffic volume on Ynez Road,
noting its concurrence with the installation of the stop light on SR79 south.
Mayor Birdsall expressed her support for the installation of stop signs at the La Paz
Street/Ynez Road intersection.
Living in the area of discussion, Councilman Stone expressed concern with the 45 mph
speed limit on Ynez Road and the false sense of security the installation of stop signs may
create; thereby, creating another traffic safety problem.
In light of City Engineer Kicak's report, Councilman Ford concurred with Councilman Stone's
comments and suggested that the speed limits on Ynez Road and DePortola Road be
consistent; that warning lights be displayed, apprising drivers of the change of speed limits
from 45 mph to 50 mph; and that a right-turn lane be created from Ynez Road to La Paz
Street.
Because the signalized intersection at La Paz Street and SR79 changed the traffic flow on La
Paz Street, Councilman Roberts expressed his support for the immediate installation of stop
signs. Councilman Roberts requested that the matter be reviewed by the Traffic
Commission at its next meeting.
Councilman Lindemans relayed his concurrence with Councilman Roberts' comments.
City Engineer Kicak suggested that if it were the Council's desire to install stop signs, the
existing speed limits should not be changed and that after the installation of the stop signs,
the area be rezoned to determine appropriate speed li. mits.
In order to make the City Council's direction to install stop signs at La Paz Street and Ynez
Road intersection legally enforceable and permanent, City Manager Bradley advised that the
City Council would have to readdress the matter at its November 25, 1997, Council
meeting.
J~Q_T_LC).I~. Councilman Roberts moved that the matter be forwarded to the Traffic
Commission for review and that the matter be reagendized for the November 25, 1997, City
Minutes\l 11897 10
Council meeting in order for the Council to take the appropriate action. The motion was
seconded by Councilman Linderoans and voice vote reflected unanimous approval.
Clarifying his previous comment, Councilman Stone expressed his support of the intent to
install stop signs but relayed his concern to not create an additional public safety problem in
an effort to delete an existing one.
At 8:10 P.M., Mayor Birdsall called a recess and reconvened the meeting at
8:26 P.M.
At 8:26 P.M., the City Council recessed and reconvened in joint session with the
Redevelopment Agency of the City of Temecula to discuss the Item as noted below. The
Redevelopment Agency meeting concluded at 8:39 P.M. at which time the City Council
reconvened to discuss regularly scheduled City Council business.
.
Plannine Aoolication No. PA97-0221. An Amendment to the Old Town
- -
Soecific Plan establishing the In-Lieu Parking Fee Program and Revising
the Parking Reeuirements. and Planning A0olication No. PA97-0267
establishine the Parkine Incentives for the Sixth Street Parkine Lot.
Plannine Aoolication No. PA97-0292 establishine the Parkine In-Lieu
Fee In Old Town
3.1 Introduce and Ordinance entitled'
ORDINANCE NO. 97-
AN ORDINANCE OF THE CITY COUNCIL 0F THE CITY OF TEMECULA,
CALIFORNIA, APPROVING (PLANNING APPLICATION NO. PA97-0221), AN
AMENDMENT TO THE OLD TOWN SPECIFIC PLAN ESTABLISHING THE IN-LIEU
PARKING FEE PROGRAM AND REVISING THE PARKING REQUIREMENTS
3.2 Adopt a Resolution entitled:
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, APPROVING (PLANNING APPLICATION NO. PA97-0292), SETTING
THE IN-LIEU PARKING FEE WITHIN THE OLD TOWN SPECIFIC PLAN AREA AND
AUTHORIZE STAFF TO CONDUCT BI-ANNUAL REVIEW OF THE IN-LIEU FEE.
3.3 Adopt a Resolution entitled:
Minutes\l 11897 11
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, APPROVING (PLANNING APPLICATION NO. PA97-0267),
ESTABLISHING THE OLD TOWN PARKING INCENTIVE PROGRAM
3.4 Adopt a Resolution entitled:
RESOLUTION NO. RDA 97-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA, CALIFORNIA, APPROVING (PLANNING APPLICATION NO. PA97-
0267), ESTABLISHING THE OLD TOWN PARKING INCENTIVE PROGRAM
~ Councilmember Lindemans, seconded by Councilman Ford, moved to continue
recommendation 3.1 to the next meeting and table recommendations 3.2, 3.3, and 3.4. Voice
vote reflected unanimous approval.
At this time, the Council resumed with regularly scheduled City Council business.
Considering the number of individuals present for Agenda Item No. 21 and No. 23, Mayor
Birdsall denied a request to discuss Agenda Item No. 23 out of order.
PUBLIC HEARINGS
21.
Apoeal No. 1 and Appeal No. 2 of Planning Application No. PA97-0298
{Zev Buffman Entertainment Project) - the construction of a 103.564 s;]uare foot.
4.800 seat arena and associated imorovements (hardscape. Darkin;]. landscaoin;].
and roadways) and an addendum to a oreviouslv Certified EIR of the Old Town
Redevelooment Project. located west of Old Town Temecula ¢100 feet west of Pujol
Street). 700 feet south of Rid;]e Park Drive/Vincent Mora;]a Drive and east of th~-
Citv's Western Border. within the Westside Soecific Plarl
RECOMMENDATION
21.1
Adopt a resolution entitled:
RESOLUTION NO. ~7-129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING PLANNING APPLICATION NO. PA97-0298 (DEVELOPMENT PLAN -
APPEAL NO. 1), MODIFYING CONDITION OF APPROVAL NO. 7 OF PLANNING
APPLICATION NO. PA97-0298 APPROVING A CHANGE TO THE ROOF
MATERIALS FOR THE ARENA AND DENYING PLANNING APPLICATION NO.
PA97-298 (DEVELOPMENT PLAN - APPEAL NO. 2), UPHOLDING THE PLANNING
Minutes\l 11897 12
COMMISSION'S DECISION APPROVING PLANNING APPLICATION NO. PA97-
0298 (DEVELOPMENT PLAN) FOR THE CONSTRUCTION OF A 103,564 SQUARE
FOOT, 4,800 SEAT ARENA AND ASSOCIATED IMPROVEMENTS (HARDSCAPE,
PARKING, LANDSCAPING, AND ROADWAYS) AND AN ADDENDUM TO A
PREVIOUSLY CERTIFIED EIR FOR THE OLD TOWN REDEVELOPMENT PROJECT)
BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF
REPORT SUBJECT TO THE CONDITIONS OF APPROVAL ON FILE IN THE CITY
CLERK'S OFFICE
Mayor Birdsall briefly reviewed the public hearing procedure and Councilman Stone advised
that he would be abstaining with regard to this item.
Referencing each appeal, Community Services Director Thornhill provided background
information with regard to this case (as per written material of record), noting the following
with regard to each appeal:
Appeal No. I - that Mr. Buffman is requesting that the City Council allow
some flexibility with regard to roof materials for the arena; that only the
allowable color be specified but not the actual material;
that Planning staff would recommend some flexibility with regard to
Mr. Buffman's request, noting that a condition could be added granting the
Community Services Director the authority to approve the material for the
arena roof.
Appeal No. 2 - referencing Mr. Pratt's letter (of record), Director Thornhill
advised that Mr. Pratt's numerous concerns/comments were categorized as
follows:
general comments - made by the appellant which in staff's
opinion have no bearing on the basis of the current appeal;
- previously certified EIR for Old Town Redevelopment Project;
addendum to previously certified EIR for Old Town
Redevelopment Project for the current planning project;
- traffic analyses for the current project;
- appellant's statement - project was being piecemealed.
Director Thornhill relayed the Planning Department's recommendation to deny Appeal No. 2;
advised that the proposed arena roof will not necessarily be comprised of wood; that a
number of options as to materials for the roof are being discussed; that all necessary
approvals for the roof will be obtained; and that Wilbur Smith and Associates are certified
traffic engineers who have completed a number of studies for the City.
At this time, Mayor Birdsall opened the public hearing.
Minutes\l 11897 13 ~
Mr. Randy Fleming, 43500 Ridge Park Drive, #202, representing the applicant, noted his
concurrence with the staff report; advised that the roof will be comprised of a non-
combustible material; that no color change to the roof is being requested; and requested the
Council's approval of Appeal No. 1.
Commenting on the traffic studies which were completed by professional traffic engineers,
Mr. Zev Buffman, 41934 Main Street, applicant, readdressed the scheduled show times of
future events, noting that these scheduled events (ranging from 7:00 P.M. to 8:00 P.M.)
will not impact current peak traffic hours as repeatedly stated by the opponents of this
project; that 95% of the events will be scheduled for week nights (7:00 to 11:00 P.M.) and
weekends; that it would behoove the Center to schedule events during off-peak traffic
hours to mitigate traffic congestion for those individuals traveling to the Center; that road
improvements at Rancho California, SR79, and Winchester will further mitigate the traffic
concern as well as the construction of the Western Bypass; and that a Center such as the
one proposed will greatly benefit the children of this community as well as the adults by
creating jobs.
Although just hired by Mr. Pratt this afternoon, Ms. Julia Hayward Biggs, attorney
representing Mr. Pratt, relayed her understanding of this issue. Referencing Mr. Pratt's
additional document, which addresses concerns with the staff report, Ms. Biggs relayed Mr.
Pratt's request for a continuance in order to obtain additional public records and in order to
give her ample time to review the issue.
In response to Ms. Biggs' comment, Councilman Ford advised that the City has imposed a
condition of approval with regard to indemnification (Condition No. 2).
In response to Councilman Lindemans, City Attorney Thorson, City Clerk Greek, and City
Manager Bradley advised that the City has appropriately furnished all requested documents
to Mr. Pratt in a timely fashion. Councilman Lindemans noted that any further delays would
only create the expenditure of additional City funds.
Responding to Mr. Pratt's letter of October 17, 1997, Item No. 1 (interfering with the voting
process), Councilman Lindemans informed Mr. Pratt's attorney that the March 7, 1995
election was an official election paid for by the City; that all counting of votes was
completed by the County Registrar in Riverside; and that neither the City Clerk nor the City
Attorney participated in the counting of votes.
Contrary to Mr. Pratt's statements to Ms. Biggs, Mayor Birdsall advised that all staff reports
and agendas are published and available to the public at City Hall every Friday afternoon and
are as well delivered to numerous locations throughout the City, including the City Library.
Mayor Birdsall relayed her dismay with Mr. Pratt not being in attendance and, therefore, not
giving the City Council the opportunity to question his methods of traffic calculations.
Mayor Birdsall, therefore, noted her objection to approving a continuance and noted that Mr.
Pratt's concerns have been addressed and a delay would be improper.
Because concerns have been expressed with regard to the changes and relocation of
buildings and sites, Ms. Biggs stated that the issues, in her opinion, relate to environmental
issues, compliance with CEQA, and the need for a subsequent Environmental Impact Report.
Minutes\l 11897 14
Having just been hired by Mr. Pratt this afternoon, Councilman Ford informed Ms. Biggs
that the present project has been shaped and redesigned in response to concerns noted by
Mr. Pratt and Mr. Hoxsey, advising that the proposed project has been reduced in impact
from what was originally approved in the EIR. Councilman Ford noted that the proposed
project is a very needed project in an effort to revitalize Old Town.
Because, in his opinion, changes were made to this project without adequate environmental
review, Philip Hoxsey, 43318 Cielo De Azul, stated that a subsequent and/or a supplemental
EIR would be required. Changes to the project as noted by Mr. Hoxsey were as follows:
grading for the Western Bypass Road will be lowered on an average of 15'
below the grade designed by the previous project;
- location of numerous buildings;
- project use times;
changes to project -- assuming 100% occupancy of all buildings;
incorrect assumptions, by the City of Temecula, regarding growth rates.
In response to Mayor Birdsall, City Attorney Thorson advised that both Mr. Pratt and
Mr. Hoxsey signed the letter of appeal; that both are appellants; and that both are entitled
to have legal representation or appear by themselves.
Mr. Mike Naggar, 43034 Agena Street, commented on the benefits Old Town would receive
as a result of the project. Viewing the construction of the Western Bypass as critical to the
future circulation of the City, Mr. Naggar emphasized that the proposed development is
contingent upon the construction of the Western Bypass. Mr. Naggar also noted that the
Rancho California Road improvements should further mitigate traffic concerns and,
therefore, encouraged the City Council to approve the project.
For Mr. John Houston, 31482 Corte Mallonca, it was clarified that the City of Temecula will
not be financing any portion of this project.
Ms. Joan Sparkman, 3054 San Pasqual Road, encouraged the City Councilmembers to
approve Appeal No. 1 and deny Appeal No. 2. Having watched this project evolve,
Ms. Sparkman commented on the benefits this project will provide to the City.
Having seen the development of this project over the past four years, Mr. Dennis Frank,
27475 Ynez Road, #338, commented on the benefits this project will have to the City and
encouraged the Councilmembers to approve the project.
Mr. Roger Epperson, 28465 Front Street, a business owner and property owner in Old
Town, stated that if an individual has complied with the necessary requirements to develop
a property, this individual should be given the opportunity to develop the property.
Considering this project has been in the development phase for the past four years, Mr.
Minutes\ 111897 15
Epperson relayed his dismay with Mr. Pratt hiring an attorney at this point in time.
In closing, Mr. Buffman requested that Mr. Dodson be given the opportunity to address
specific environmental and CEQA issues.
M.Q.T.J.O_b~ Councilman Ford moved, seconded by Councilman Roberts, to extend the meeting
to 10:30 P.M. Voice vote reflected unanimous approval.
In response to Mr. Pratt's noise concern with regard to the proposed project, Mr. Dodson
advised that this project is smaller in size than the originally approved project; noted that
the buildings have been separated which directly responds to the noise concern; and that
the originally approved project included an open arena but that the current project proposes
a closed arena to further address the noise concern. With regard to the air quality concern,
Mr. Dodson advised that the amount of area disturbed for the current project will be less
than what was originally forecast in the Environmental Impact Report (EIR) which was
originally certified by the Planning Commission and City Council; and that a detailed
addendum study was completed in order to address such issues.
At this time, the public hearing was closed.
M_Q_T_[D_I~ Councilman Lindemans moved to adopt Resolution No. 97-129. The motion was
seconded by Councilman Roberts and voice vote reflected unanimous approval with the
~ of Councilman Stone who aJzs.[aJQP,~.
RESOLUTION NO. 97-129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING PLANNING APPLICATION NO. PA 97-0298 (DEVELOPMENT PLAN -
APPEAL NO. 1), MODIFYING CONDITION OF .~,PPROVAL NO. 7 OF PLANNING
APPLICATION NO. PA97-0298 APPROVING A CHANGE TO THE ROOF
MATERIALS FOR THE ARENA AND DENYING PLANNING APPLICATION NO.
PA97-0298 (DEVELOPMENT PLAN - APPEAL NO. 2), UPHOLDING THE
PLANNING COMMISSION'S DECISION APPROVING PLANNING APPLICATION NO.
PA97-0298 (DEVELOPMENT PLAN) FOR THE CONSTRUCTION OF A 103,564
SQUARE FOOT, 4,800 SEAT ARENA AND ASSOCIATED IMPROVEMENTS
(HARDSCAPE, PARKING, LANDSCAPING, AND ROADWAYS) AND AN
ADDENDUM TO A PREVIOUSLY CERTIFIED EIR FOR THE OLD TOWN
REDEVELOPMENT PROJECT) BASED UPON THE ANALYSIS AND FINDINGS
CONTAINED IN THE STAFF REPORT SUBJECT TO THE CONDITIONS OF
APPROVAL ON FILE IN THE CITY CLERK'S OFFICE.
Returning to the dais, Councilman Stone informed those in attendance that he had been in
the conference room during his abstention.
COUNCIL BUSINESS
Minutes\l 11897 16
22. Murrieta Creek Update
22.1 Receive and file report.
Referencing and providing additional information with regard to the draft report from Lohr
and Associates, Inc., City Engineer Kicak noted that the purpose of the report was to
determine the water surface elevation for the established 100-year storm flows in Pechanga
Creek and Temecula Creek. City Engineer Kicak advised that according to Mr. Don Lohr, the
two creeks could accommodate a 100-year flood; noted that he would prefer that some of
the existing vegetation from these creeks be removed; that any removal would have to be
permitted by the Department of Fish and Game; and that if such removal were allowed, the
use of volunteers and equipment could be explored. According to the State, Mr. Kicak
clarified that a situation cannot be considered an emergency situation, requiring the need for
emergency action, until the emergency has occurred.
In an effort to address an on-going problem, Councilman Ford suggested the implementation
of Creek Abatement.
Mr. David Payne, 45089 Putting Green Court, representing the Homeowners' Association,
thanked the Mayor for her years of service; congratulated reelected Councilmembers
Roberts and Stone; and welcomed newly elected Councilman Comerchero. Commenting on
the amount of vegetation growth in the creeks, Mr. Payne requested City Council assistance
with regard to this issue.
23. COMMUNITY SERVICES FUNDING REQUESTS RECOMMENDATIONS
23.1 Review and approve the 1997-98 Community Service Funding requests per
the table outlining the committee's recommendations.
Director of Finance Roberts reviewed the staff report (as per written material of record).
Councilman Lindemans apprised the Councilmembers of a phone call he had received from
Mr. Dan Edwards, noting that the suggested awarded amount of $1,000 would be
insufficient and that the Valley Junior Golf Association be granted the requested amount of
$5,000.
Ms. Doris Royer, 30932 Corte de los Santos, representing Temecula Valley Art League,
reviewed the various activities of this organization; advised that the requested amount of
$2,000 will assist with the funding of high school scholarships; and, therefore, encouraged
the Council to approve the requested amount of $2,000 be approved.
J~.Q_T.J.QJ~ Councilman Stone moved to extend the meeting to 10:45 P.M. Councilman Ford
seconded the motion and voice vote reflected unanimous approval.
Thanking the Council for its past contributions to the Pantry, Ms. Marge Hammersley,
Director of the Community Pantry, apologized for the late submittal of the grant application
papers; advised that the Pantry's continued success is dependent on the receipt this grant;
and, therefore, requested that the City Council reconsider the Pantry's request of $10,000.
Minutes\l 11897 17
Advising that a buffer had been set aside for incidentals, Councilman Stone voiced no
objection to considering the Pantry's request but noted that the Pantry must submit
additional financial information before their request could be considered. Councilman Stone
recommended that this request be deferred to the November 25, 1997, City Council
meeting and informed Ms. Hammersley that the maximum grant award, per recipient, may
not exceed $5,000, noting that the request of $10,000 would require a change in City
Council policy.
Councilman Lindemans relayed his support to change the City Council policy of limiting the
grant award to $5,000 per recipient as it relates to special needs.
Maryann Edwards, 42913 Calle Londe, Assistance League of Temecula Valley, extended
appreciation to the City Council for its support.
Thanking the City Council for considering the Valley Junior Golf Association's first grant
application, Ms. Valarie Skovron, 39821 Avenida Palizada, Murrieta, commented on the
benefits this Association will provide to the children of this community and, therefore,
requested that the Council reconsider the suggested awarded amount of $1,000 and
approve the requested amount of $5,000. Ms. Skovron advised that one-fourth to one- half
of the participants are Temecula residents and assured the Council that all monies received
from the City would strictly benefit the Temecula residents.
Advising that the awarded grant amounts are to serve as a temporary assistance to a group
but not be considered as a permanent budget item year after year, Councilman Ford stated
that considering this is the Golf Association's first grant request, he spoke in support of
community involvement and suggested that the requested amount of $5,000 be granted
contingent on the recipient providing matching funds.
Councilman Stone relayed his support of Councilman Ford's suggestion to fund the Golf
Association in full as long as matching funds are provided.
MJ~.T. JJ~[~ Councilman Ford moved to extend the meeting another 10 minutes. The motion
was seconded by Councilman Stone and voice vote reflected unanimous approval.
MD_T_J_0J~ Councilman Ford moved to approve the 1997-98 Community Service Funding
requests, modifying the Valley Junior Golf Association request to $5,000 contingent on
matching funds and that the Pantry request be considered at a later date. Councilman
Stone seconded the motion and voice vote reflected unanimous approval with the exception
of Councilman Stone who had ~zs.taJ]:tP,,_d only with regard to No. 10 -- Escondido
Community Health Center.
CITY MANAGER'S REPORT
City Manager Bradley apprised the Councilmembers and the viewing public of the upcoming
Christmas Parade on Thursday, December 4, 1997, and the Christmas Tree Lighting
Ceremony on Saturday, December 6, 1997.
Minutes\l 11897 18
CITY ATTORNEY'S REPORT
With regard to Closed Session, City Attorney Thorson advised that no final action was taken
with regard to the real estate matters; that the real estate matters will be discussed in Open
Session; and that the City Council gave direction with regard to the litigation.
Councilman Stone extended personal appreciation to Mayor Birdsall for her years of service
to the City.
ADJOURNMENT
At 10:48 P.M., Mayor Birdsall formally adjourned the meeting to Tuesday, November 25,
1997, at 7:00 P.M.
Patricia H. Birdsall, Mayor
ATTEST:
J CMC/AAE
City Clerk
[SEAL]
Minutes\ 111897 19