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HomeMy WebLinkAbout121499 CC MinutesCLOSED SESSION MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL DECEMBER 14, 1999 A meeting of the City of Temecula City Council was called to order at 6:30 P.M. It was duly moved and seconded to adjourn to Closed Session pursuant to Government Code Section: Conference with City Attomey and legal counsel pursuant to Government Code Section 54956.9(a) with respect to on matter of existing litigation involving the City and/or the Agency. The following case/claim will be discussed: (a) City of Temecula v. Advanced Cardiovascular (Guidant). Conference with City Attorney and legal counsel pursuant to Government Cede Section 54956.9(b) and (c) with respect to two matters of potential litigation. With respect to such matters, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City based on existing facts and circumstances and the City will decide whether to initiate litigation. The Open Session of the City Council meeting convened at 7:00 P.M. ROLL CALL Present: 5 Councilmembers: Comerchero, Naggar, Pratt, Roberts, and Stone. Absent: 0 Councilmember: None. PRELUDE MUSIC The prelude music was provided by Eve Craig. INVOCATION The invocation was given by Pastor Robert Gonzalez of the House to House Ministry. ALLEGIANCE The salute to the Flag was led by Councilman Naggar. PRESENTATIONS/PROCLAMATIONS The Golden Web Award Accepting the award with thanks, Management Assistant Comerchero relayed the City's Website address, as follows: www,ci.temecula.ca.us; and expressed gratitude to City Clerk Jones for granting her the latitude to express her creativity with respect to her work on the website. PUBLIC COMMENTS Mr. John Sterling, 40491 Paseo Del Cielo, representing the Temecula Town Association (TTA), invited the community to the annual Chdstmas Community Dinner, scheduled to be held Christmas Day from 10:00 A.M. to 4:00 P.M., at no cost to the participants, and relayed that last years dinner provided meals to 1,061 participants, and approximately 390 toys to children. On behalf of the City, Mayor Stone commended Mr. Stealing, and the TTA for their fine work associated with the provision of this fine holiday meal for so many people. For Mayor Stone, Mr. Steding noted that the Christmas dinner event would be held at the Temecula Community Center, 28816 Pujol Street, Temecula, California; and invited the community to call if they were interested in volunteering for the event, or contributing pies, at: (909) 676-4718, advising that pies could be delivered on December 22, or 23, 1999. Mr. Nelson Betancourt, 40835 Calle Medusa, relayed his request to appeal the recent Public/Traffic Safety meeting action regarding the Calle Medusa matter; and noted his desire to provide a presentation to the City Council (previously presented to the Publicrrreffic Safety Commission). For informational purposes, Mayor Stone advised that in order to process a request for an appeal, one could do so via letter correspondence. Mr. Betancourt relayed that it was his opinion that the Public/Traffic Safety Commission did not conduct the meeting in a professional manner; and apologized for the comments he had made at the Public/Traffic Safety meeting during the course of attempting to relay how difficult the conduction of the survey was, comparing the residential response to the response given to Mormons or Jehovah Witnesses contacting residents door-to-door. clarifying that it was not his intention to be offensive. Mr. Greg Morrison, 30727 Loma Linda Road, relayed his gratitude to the City Council for the beautiful Temecula Duck Pond; and noted his family's enjoyment of the facility. Additionally, during Mr. Morrison's presentation, his toddler son thanked the Council for the Duck Pond. Mayor Stone commended Councilman Roberts for his foresight and vision, which culminated into the development of the Duck Pond Project. Mr. Chuck Washington, representing the Inland Valley Chapter of Habitat for Humanity, congratulated the newly seated Councilmembers; thanked the City Council and staff for their support; provided a bdef history regarding the Habitat for Humanity Organization, specifying the process of providing affordable housing for low-income families; relayed the goal to construct two homes in the City of Temecula by the summer of 2000; invited the community to support the project, relaying that the public could contact Habitat for Humanity at: (909) 245-4943; and noted, for informational purposes, that in the near future Habitat for Humanity would have a website whereby the community could obtain additional information; and concluded his comments by quoting Franklin D. Roosevelt who once said, "The test of our progress is not whether we add to the abundance of those who have much, it is whether we provide to those who have little." CITY COUNCIL REPORTS Via overhead Caltrans maps, Councilman Roberts specified the location of the Caltrans Barrier Median Project (located from the County line, north, through Temecula), noting that the 215 freeway portion of the project was complete; relayed that at the recant Riverside County Transportation Commission (RCTC) meeting there was provision of a report regarding the median barTiers, specifying the Caltrans policy standards related to the median barriers, as follows: the width would have to be less than 75 feet, and the average daily travel more than 25, 000 vehicle tdps, noting that the accident history and the number of cross-median traffic collisions wore additionally taken into account; expressed concern regarding the route up through Mun'ieta that currently maintained a width of 94 feet, which does not meet the Caltrans cdteria for the median barrier; noted that he had relayed his concern regarding the Caltrans policy standards, and was advised by the Caltrans District Director that the issue would be addressed; and relayed that at a future point in time, if the policy was not revised, the issue may need to be agendized for the City Council's consideration due to the safety aspects associated with the matter. Wsth respect to the recently submitted request to RCTC for a $1.5 million grant for the development of the Muftieta Creek Multi-Purpose Trail Project, Mayor Pro Tern Comerchero relayed that the Technical Advisory Committee (TAC) had reviewed the proposal, and recommended that RCTC approve the request. Councilman Pratt recommended that an Intedm Emergency Ordinance be adopted by the City, ceasing the issuance of residential building permits until an approved area- wide traffic mitigation plan had been circulated and approved; requested that the matter be agendized for the first City Council meeting in January, 2000; read into the record a memorandum with respect to this issue (which was submitted to the Council, and staff); provided the rationale for the request; referenced the RKJK & Associates Report, and Caltrans material with respect to the projected generation of daily traff'~c tdps within the City which was not inclusive of the traffic that would be generated from the proposed Roripaugh Ranch Project; and sited the State Code regarding adoption procedures of an Intedm Emergency Ordinance. D. Councilman Naggar relayed his wishes to the community for a Merry Christmas. CONSENTCALENDAR Standard Ordinance Adol~tion 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 November 9, 1999; 2.2 Approve the minutes of November 16, 1999. (Councilman Naggar abstained with regard to Consent Calendar Item No. 2.) 3 Resolution Approvin~l List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 99-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Financial Statements for the three months ended September 30, 1999 RECOMMENDATION: 4.1 Receive and file the financial statements for the three months ended September 30, 1999. 5 Sierra Permit Computer System Conversion RECOMMENDATION: 5.1 Authorize the expenditure of $66,110 with a 10% contingency to Sierra Computer System, Inc. to perform database conversion necessary to convert the City's Sierra Permit Computer System from the DOS Version to the Windows Version and authorize staff to proceed with this work as soon as possible. Consent Calendar Item No. 5 was pulled for separate consideration; see page 7. 6 Accept Substitute Agreements and Bonds for public improvements in Tract No. 24183-1 (located north of Campanula Way, east of Meadows Parkway, west of Butterfield StaGe Road, and south of De Portola Road) RECOMMENDATION: 6.1 Accept Substitute Subdivision Improvement and Monument Agreements and securities for Faithful Performance, Labor and Materials, and Monumentation purposes in Tract No. 24183-1; 6.2 Authorize release of the Faithful Performance, Labor and Materials, and Subdivision Monumentation securities on file; 6.3 Direct the City Clerk to so notify the developers and sureties. 9 10 Accept Substitute AGreements and Securities in Tract No. 24185-F (located northwesterly of the intersection of Butterfield StaGe Road at De Portola Road) RECOMMENDATION: 7.1 Accept the Substitute Subdivision Improvement and Subdivision Monument Agreements, and Faithful Performance, Labor and Materials, and Subdivision Monumentation Securities in Tract No. 24185-F; 7.2 Authorize release of the Faithful Performance, Labor and Materials, and Subdivision Monumentation Securities on file; 7.3 Direct the City Clerk to so notify the developers and sureties. Vacation of a portion of Restricted Abutters RiGht-of-Access per Parcel MaD No. 19582-2 (located at the northwest comer of Winchester Road and Jefferson Avenue) RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 99-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED FIRST AMENDMENT TO DEDICATION OF ABUTTERS RIGHTS TO CITY OF TEMECULA FOR PARCEL MAP NO. 19582-2 Parcel Map No. 29470 (located east of MarGadta Road between W~nchester Road and Verdes Lane) RECOMMENDATION: 9.1 Approve Parcel Map No. 29470 in cenformance with the Conditions of Approval; 9.2 Approve Subdivision Monument Agreement and Monument Bond as secudty for the agreements. Professional Services AGreement - AGuilar Consulting EnGineers Muraleta Creek Bddcle between Rancho California Road and Winchester Road - Rancho Way AliGnment Study - Project No. PW99-14 RECOMMENDATION: 10.1 Approve the agreement with Aguilar Consulting Engineers to provide professional engineering services by doing a specific alignment study and determination for Rancho Way from Diaz Road to Margadta Road - Project No. PW99-14 - for an amount not to exceed $135,364.00 and authorize the Mayor to execute the agreement; 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of 10% of the contract or $13,537.00. Consent Calendar Item No. 10 was pulled for separate discussion; see page 8. 11 Approval of Cooperative A.Greement with the Redevelopment AGency for Construction and Fundinq of Old Town Southside Parking Lots - Project No. PW98-16 RECOMMENDATION: 11.1 Approve an Agreement entitled Cooperative Agreement between the City of Temecula and the Redevelopment Agency of the City of Temecula for construction and funding of Old Town Southside Parking Lots; 11.2 Authorize the Mayor to execute the Agreement on behalf of the City in substantially the form attached to the Agenda Report. (Mayor Stone abstained with regard to Consent Calendar Item No. 11 .) 12 APproval of Cooperative agreement with the Temecula RedeveloDment A.qencv for Pujol Street Sidewalk Iml3rovements - Project No. PW98-17 RECOMMENDATION: 12.1 Approve an Agreement entitled Cooperative Agreement between the City of Temecula and the Redevelopment Agency of the City of Temecula for Pujol Street Sidewalk Improvements; 12.2 Authorize the Mayor to execute the Agreement on behalf of the City Council in substantially the form attached to the Agenda Report. (Mayor Stone abstained with regard to Consent Calendar Item No. 12) 13 Accel~tance of Grant Deed for Temeku Hills Park: M-A Temeku Hills Develol~ment, LLC Temecula (located at the southwest comer of La Serana Way and Meadows Parkway) RECOMMENDATION: 13.1 Accept a grant deed from M-A Temeku Hills Development, LLC Temecula, for the dedication of Temeku Hills Park, an 11.43-acre park site within the Temeku Hills Development; 13.2 Authorize the City Clerk to record the grant deed. 14 Contract Inspection Services for Buildin.cl and Safety RECOMMENDATION: 14,1 Approve a First Amendment to an Agreement for Consultant Services with P & D Consultants in an amount not to exceed eighty thousand dollars ($80,000) to provide supplemental building inspection services to the Building and Safety Department. MOTION: Mayor Pro Tem Comerohero moved to approve Consent Calendar Item Nos. 1-4, 6- 9, and 11-14. The motion was seconded by Councilman Roberts and voice vote reflected approval with the exception of Councilman Naggar who abstained with regard to Item No. 2, and Mayor Stone who abstained with regard to Item Nos. 11, and 12. Consent Calendar Item No. 5 was considered at this time. 5 Sierra Permit Computer System Conversion RECOMMENDATION: 5,1 Authorize the expenditure of $66,110 with a 10% contingency to Sierra Computer System, Inc. to perform database conversion necessary to convert the City's Sierra Permit Computer System from the DOS Version to the W~ndows Version and authorize staff to proceed with this work as soon as possible. City Clerk Jones provided an overview of the staff report (per agenda material), clarifying the proposed computer systems conversion process; specified that adequate reserves were available for the costs associated with this request; for Councilman Naggar, provided additional information regarding the City's existing DOS Version Computer System and the negative impacts associated with not having provision of the W~ndows Version Computer System, noting that vadous times the system had failed, necessitating staff to re-input a day's work; and relayed that she could not accurately project the computer needs of the City for the next 5-10 years. Mayor Stone provided additional information regarding the revolutionary changes in the computer industry which made it difficult to project the software enhancements developed in the future; noted that in his personal pharmaceutical business he was in the process of making the software conversion from the DOS Version to the Windows Version; and relayed the benefits of maintaining an updated software system. City Clerk Jones provided additional information regarding the significance of the Sierra Computer Systems within the permitting issuance programs and vadous alternate functions of the City of Temecula. MOTION: Councilman Naggar moved to approve Staff Recommendation. Councilman Roberts seconded the motion and voice vote reflected unanimous approval. Consent Calendar Item No. 10 was considered at this time. 10 Professional Services Agreement - Aauilar Consulting Engineers Murdeta Creek Bddge between Rancho California Road and Winchester Road - Rancho Way Alignment Study - Preiect No. PW99-14 RECOMMENDATION: 10.1 Approve the agreement with Aguilar Consulting Engineers to provide professional engineering services by doing a specific alignment study and determination for Rancho Way from Diaz Road to Margadta Road - Project No. PW99-14 - for an amount not to exceed $135,364.00 and authorize the Mayor to execute the agreement; 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of 10% of the contract or $13,537.00. Relaying that this particular proposal had been identified in the Capital Improvement Program (CIP), Director of Public Works Hughes presented the staff report (of record); provided additional information regarding the significance of identifying this particular alignment; for Councilman Naggar, confirmed that this particular study would solely be for the Rancho Way Alignment, providing additional information regarding alternate crossings; specified the extensive issues associated with the Rancho Way Crossing (i.e., environmental concerns, right-of-way concerns, drainage issues); clarified the rationale for determining this alignment at this point in time due to the high potential for development along this mute, advising that if this alignment was not established, the City could lose the opportunity to construct the crossing. Councilman Pratt relayed that since this proposal was focused on alignment, rather than traffic mitigation, he could not support the proposed study, For informational purposes, Mayor Pro Tern Comerchero relayed the Council's allocation of significant funding for this particular route, directing staff to move forward with this project; relayed the importance of the City taking proactive measures to mitigate traffic impacts; commended Director of Public Works Hughes and the Public Works Department staff for their diligent efforts associated with this project; and relayed that he heartily supported the proposal. For Mayor Stone, Director of Public Works Hughes confirmed that this study would result in the definitive determination of a feasible alignment for the construction of an infrastructure needed to mitigate future traffic impacts, advising that if the identification of this alignment was not determined at this point in time due to the developmental growth in this area, the City would lose the potential for establishing this alignment, For Councilman Naggar, Mayor Pro Tern Comemhero provided additional information regarding the CIP Workshop associated with this particular alignment, For Councilman Pratt, Director of Public Works Hughes specified the significance of this particular study. Relaying that this particular project had been categodzed as a Pdodty I Project in the CIP, Councilman Roberts relayed the importance of this proposal; provided additional information regarding funding opportunities solely available for projects that have been designed; and relayed his support of this proposal. Mayor Pro Tern Comerchero relayed the difficulties associated with receiving grant funding if a project was not shelf-ready. Mayor Stone noted that due to the preliminary designing of the Overland Bddge Project, that particular project had been completed through the granting process. MOTION: Councilman Naggar moved to approve Staff Recommendation. Mayor Pro Tern Comerchero seconded the motion and voice vote reflected approval with the exception of Councilman Pratt who voted 990. At 7:15 P.M., the City Council recessed and convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:35 P.M., The City Council resumed with regularly scheduled City Council Business. PUBLIC HEARINGS 15 Rancho Hiqhlands Drive General Plan Amendment (PlanninQ Application PA99-0451) - RECOMMENDATION: 15.1 Approve a Negative Declaration for Planning Application PA99-0451; 15.2 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE MAP FOR A LOCATION ON RANCHO HIGHLANDS DRIVE IDENTIFIED AS ASSESSOR'S PARCEL NOS. 944-330-019 (PLANNING APPLICATION NO. PA99-0451 ) Due to the issues that had been raised at the Planning Commission meeting regarding this particular General Plan Amendment, Deputy City Manager Thornhill recommended that the matter be continued off calendar in order for staff to address those issues. MOTION: Mayor Pro Tem Comerchero moved to continue this Agenda Item off calendar. Councilman Roberts seconded the motion and voice vote reflected unanimous approval, 16 PlanninCl Application No. PA99-0266 (Minor Conditional Use Permit - Appeal) Ollie House Indoor Skateboard Park (located within an existing building at 43300 Business Park Ddve) RECOMMENDATION: 16.1 Deny the appeal and uphold the approval by the Planning Commission of Planning Application No. PA99-0266 (Minor Conditional Use Permit); 16.2 Adopt a resolution entitled: RESOLUTION NO. 99-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. PA99-0266 (MINOR CONDITIONAL USE PERMIT) A REQUEST TO OPERATE AN INDOOR SKATEBOARD PARK WITHIN A 21,346 SQUARE FOOT PORTION OF A BUILDING WITHIN AN EXISTING BUSINESS PARK, LOCATED AT 43300 BUSINESS PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NO. 921-020- 055 BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT SUBJECT TO THE CONDITIONS OF APPROVAL ON FILE IN THE OFFICE OF THE CITY CLERK Advising that these particular type of uses were typically permitted in any zone via a Minor Conditional Use Permit (CUP), Deputy City Manager Thornhill appdsed the Council of the issues associated with this appeal; relayed the rationale for the Planning Department bdnging this item forward to the Planning Commission versus review solely by a Directors Headrig due to the concems raised from the Business Park Association, and the adjacent business uses; highlighted the primary issues of concern that had been expressed by International Rectifier, as follows: safety issues related to the potential of a chemical hazard emergency incident, traffic hazards, and the impact the proposed use would have with respect to future Resource, State, and Federal Aqency approvals for International Rectifier; highlighted the additional expressed concerns of the Business Park Association, as follows: land-use incompatibility, liability issues associated with the location of the proposed skateboard park, and the adverse iml~act related to attractinq commerce to the Business Park, specifically with respect to alternate industrial uses; and after consideration of these issues and review of the project, advised that the Planning Commission had approved the proposed plan. Mr. Rohn Korman, representing the applicant, addressed the previously mentioned issues of concern, as follows: With respect to the potential for patrons loitering, and skating outside of the facility, specified that the applicant had developed a secudty plan inclusive of the placement of four surveillance cameras outside of the building, and the employment of patrolling personnel, monitoring the parking lot and back areas of the adjacent buildings; specified that the proposed site plan was inclusive of a 2500 square foot lounge, for provision of a waiting area for parents and patrons. advising that there would be no need to wait outside of the facility. With respect to parking and traffic impacts, relayed that more than 240 parking spaces that would be available to the patrons; specified the anticipation of 40 skaters per session on Mondays through Thursdays, relaying that while on Fridays, Saturdays, and Sundays there would be increased patronage, due to the adjacent businesses being closed, the generation of traffic would not cause an adverse impact. With respect to compatibility, relayed that the following uses were located within 1800 feet of this location: two churches, a Boys and Girls Club, a gym, and a restaurant, noting that these uses had functioned without incident. · Compared this particular proposed location to the Temecula Library site, relayed the proximate commercial businesses adjacent to the Library. · Relayed that this particular skateboard park provided a much-needed facility for the youth in the community. In response to Councilman Naggar's queries, Mr. Korman confirmed that the applicant would maintain security personnel patrolling the outside area Fridays through Sundays; and relayed that if the Council's desire was to condition the project to maintain security personnel seven days a week, the applicant would be willing to comply. The foliowine three individuals spoke in opposition to the project, as proposed: Mr. Kelley Dresler, representing Endar Corporation, relayed her opposition to the project due to the following issues: · Concern with respect to youth loitering in the parking lot, noting that Endar Corporation utilized the outside area for the storage of material. Advised that this was an inappropriate location (within an industrial business area) for this type of facility. Relayed concern with respect to traffic impacts, which could pose a danger for the children attracted to the area by the skateboard facility. Mr. Dan Dierken, representing International Rectifier, provided a brief history of the International Rectifier business, relayed the following concerns with regard to this particular project: · Noted that this type of facility was incompatible with respect to the surrounding businesses. · Expressed concem regarding traffic hazards. Specified the type of uses permitted in Light Industrial areas, per the City's regulations, relaying that this particular use was not an appropriate use for this zoning aFeB. Clarified that International Rectifier supported youth in the community via vadous programs. Relayed that in this particular area, childran were currently skateboarding in the parking areas. · Advised that this particular use would not stimulate technology or promote commerce (siting the City's mission statement). · Urged the City Council to deny this particular project. Ms. Laurel Remington, representing Intemational Rectifier, relayed that although International Rectifier was a proponent of child and teen recreational facilities, that the location of this use within a business park was incompatible; provided a detailed overview of the issues of dispute, reiterating the disputes outlined in the Appeal Form Attachment (per agenda material, Attachment No. 6) as follows: · The project was inconsistent with the City's zoning regulations. Per the Temecula Municipal Code, the necessary findings had not been made qualifying the use for a CUP. · The proposed Skateboard Park should not be exempt from CEQA review. The following five individuals sl~oke in favor of the I}roject, as ProPosed: Ms. Rhonda Rueckel, 30110 La Pdmavera Street, relayed her support of the skateboard park due to the following: · The City of Temecula needed this type of facility for provision of supervised teen activities, rn Mr. Eric Greet, 37241 Floral Creek, relayed his support of the skateboard park, as follows: · Noted that numerous skateboard parks outside the City of Temecula were located in Light Industrial Areas, siting alternate locations. · Relayed that in his experience the skateboard patrons stayed within the facilities. Queried the safety aspects of International Rectifier being located in a heavily populated area due to the previously outlined comments relayed by International Rectifier's representatives (at the November 3, 1999 Planning Commission meeting), regarding the storage of hazardous materials. n Mr. Timothy J. Miller, attomey representing the owner of the property, relayed support for this particular application, as follows: Specified that sports and recreational facilities are allowed within a Conditional Use Permit in Light Industrial areas. With respect to the representatives from Endar Corporation expressed concem regarding property stored outside of its facility, reiterated the terms of the secudty plan proposed by the skateboard facility. Advised that although the Business Park Association Board had denied this particular use, that this decision should not direct the City Council's decision whether or not to issue the requested CUP. Relayed that Mr. Paul Akian, the owner of the property was available for questions. For Mayor Stone, Mr. Miller provided additional information regarding the CEQA Exemption. Deputy City Manager Thornhill noted that this project would qualify for exemption under Section 15301 Class 1 (b). In response to Mayor Pro Tem Comerohero, Mr. Miler clarified the pun/iew of the Business Park Association Board. The applicant's representative clarified, for Councilman Pratt, that this project was not proposing a paintball facility use. For Councilman Naggar, Deputy City Manager Thornhill provided additional information regarding CEOA issues; and, additionally, relayed the process of a revocation of a Conditional Use Permit (CUP). n Mr. Mark Johnson, 59533 Via Montavo, Muraleta, pdncipal of Murrieta Valley High School, relayed his support of the project, as follows: · Noted that this facility would provide a safe activity center for the youth of the community. · Implored the City Council to approve projects that encompassed activities for youth in a controlled environment. n Mr. Kurt Hallbum, 32935 Palm Street, Wildomar, relayed his support of the project, as follows: Noted that as a teenager, he enjoyed skateboarding, and relayed the need for this type of facility in the community. For Mayor Stone, Mr. Hallbum relayed that he currently skateboarded at high school sites, noting that he had been directed that the high school sites could not be utilized for skateboarding; and requested the Council to approve the proposed project in order to provide a place for the youth to skateboard. Mr. Korman, representing the applicant, concluded his comments to the Council, as follows: Via overheads, provided a visual display of the type of facility being proposed. · Specified the existing proximate uses that had regularly scheduled youth activities. Via photographs, displayed community members jogging, walking, and bicycling in this particular area. · Reiterated that there was ample provision for parking. Relayed that the applicant was currently receiving 15-20 calls daily, noting the community's desire for this type of facility. For Mayor Stone, Mr. Korman specified the hours of operation, as follows: Monday-Thursday, the facility would be open from 2:00 to 9:00 P.M., on Fdday from 2:00 to 11:00 P.M., on Saturday from 9:00 A.M. to 11:00 P.M., and on Sunday from 10:00 A.M. to 9:00 P.M. In response to Mayor Stone, City Attorney Thorson relayed that the curfew in the City of Temecula was 10:00 P.M. Mr. Korrnan advised that vadous patrons would be older than 18 years of age. For Mayor Pro Tem Comerchero, Mr. Korman provided additional information regarding the costs associated with operating this type of facility, noting that the initial investment would be approximately $275,000; advised that the applicant would not permit activities that might jeopardize their investment; relayed that the rationale for locating the skateboard park in this area was to for the purpose of keeping the cost down for the patrons; and reiterated that although the Temecula Library (a use that attracted children) was located in a similar zoning area, that there had been no reportable incidents. For Councilman Roberrs, Mr. Korman provided an overview of the planned activities for the facility; and in response to the potential for the applicant to apply for a license to sell alcohol, advised that he did not drink, and was opposed to drugs and alcohol. Mr. Korman provided additional information regarding the applicant opting to locate the facility at this site, for Councilman Pratt, noting that the owners of the property expressed support of the facility being located on their property. Per Mayor Stone's request, Mr. Korman submitted to City Clerk Jones the photographs presented to the Council, for the record. At this time, Mayor Stone closed the public headng. The Council relayed their concludin.cl remarks, as follows: Councilman Naggar reiterated the findings required for a Conditional Use Permit (CUP) for this particular type of use, concurring with the findings denoted on page 4 of the staff report; relayed the thorough review process of the Planning Commission; advised that the CUP would be conditioned on adherence to the Conditions of Approval setforth; and relayed his support of the project. Due to the proposed location of this particular project within an Industrial area, the traffic impacts, and the incompatibility of this use with the existing uses, Councilman Pratt relayed that he would not support this particular project. Councilman Roberts relayed the expressed desire of the youth of the community years ago at a City Council meeting for a skateboard park; reiterated that this type of use was permitted conditionally in this area; concurred with the need for provision of activities for the older youth in the community; noted the adequate provision for parking; and relayed his support of the project. Mayor Pro Tern Comerchero advised that the applicant would seek to protect his financial investment, adhedng to the Conditions of Approval to maintain the Conditional Use Permit; relayed that the proposed project was in conformance to the Development Code; with respect to traffic and safety issues, noted that due to the distance of this building from the street, relayed that is was not likely that children would be on the streets; concurred with the need for these type of facilities within the City of Temecula; and relayed his support of the project. Mayor Stone reiterated the cost prohibitions from locating this type of facility in altemate areas (i.e., the mall); reiterated that the CUP was dependent on adherence to the Conditions of Approval; and specified alternate similar uses within the City. MOTION: Councilman Naggar moved to approve Staff Recommendation; to deny the appeal, upholding the approval by the Planning Commission Approval of Planning Application No. PA99-0266; and to adopt Resolution No. 99-116, with the following attached Conditions of Approval: Add- · A Condition stating that the applicant shall prepare a secudty plan, which shall be approved by the Temecula Police Chief. A Condition stating that the Conditional Use Permit (CUP) may be revoked or modified following a public headrig with due notice to the applicant, and the surrounding property owners within 600 feet upon a finding that the property is being operated in violation of the Conditions of Approval or constitutes a public nuisance. A Condition stating that a sign shall be posted advising patrons of the City of Temecula's Curfew Ordinance, and the applicant shall use reasonable commercial efforts to provide for compliance with the Ordinance. Mayor Pro Tem Comerchero seconded the motion. (This motion ultimately passed; see below.) In response to Council discussion, Councilman Roberts read into the record a portion of the November 3, 1999 Planning Commission meeting minutes (page 5, first paragraph), as follows: for Vice Chairman Naggar it was "confirmed that there would be secudty personnel on duty Fridays, Saturdays, and Sundays." In response to Councilman Naggar's querying with respect to Councilman Roberts eadier comments regarding the potential for the use to sell alcohol, City Attomey Thorson referenced Condition No. 45 (per agenda material), regarding the alcohol sales permitting process. At this time voice vote was taken reflecting approval with the exception of Councilman Pratt who voted n_..9_o. CITY MANAGER'S REPORT On behalf of the staff, City Manager Nelson relayed wishes to all the residents in Temecula for a wonderful Holiday Season, and a prosperous New Year. CITY ATTORNEY'S REPORT Advising that there were three issues discussed in Closed Session, City Attorney Thorson relayed that with respect to Item No. 1, the litigation matter involving the City of Temecula v. Advance Cardiovascular, the City Council had provided direction with respect to negotiations for that lawsuit; advised that with respect to Item No. 2, two matters of potential litigation, the City Council had provided direction regarding those issues; and relayed that there were no further matters to report. ADJOURNMENT At 9:32 P.M. the City Council meeting was formally adjoumed to Tuesday, January I1, 2000, at 7:00 P.M., City Council Chambers. 43200 Business Park Ddve, Temecula, California. ATTEST: Jeffrey E. Stone, Mayor [SEAL]