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HomeMy WebLinkAbout042500 CC MinutesIVIINUTES OF A REGULAR iVIEETING OF THE TEIViECULA CITY COUNCIL APRIL 25, 2000 CLOSED 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 Closed Session pursuant to Government Code Sections: Conference with City Attomey and legal counsel pursuant to Govemment Code Section 54956.9(c) with respect to two matters of potential litigation. W~th 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: Councilmembers: Comerchero, Naggar, Pratt, Roberrs, and Mayor Stone. Absent: Councilmember: None. PRELUDE IVlUSIC The prelude music was provided by Jadie Montante. INVOCATION The invocation was given by Reverend Anthony Ferrell of Mountain View Community. ALLEGIANCE The audience was led in the Flag salute by Councilman Naggar. PRESENTATIONS/PROCLAMATIONS Certificate of Achievement to the California Youth Soccer Association Mayor Stone presented a Certificate of Achievement to the California Youth Soccer Association and to Coach Pete Gregory for their accomplishments and efforts with winning the State cup for the Southern Division, marking the first time for any Temecula Soccer Association to win this championship. The California Youth Soccer Association's representatives were present to receive the award; introduced the captains of the soccer teams; and provided the season's game statistics. Mayor Stone relayed that the City would soon be master planning the 40-acre lighted Northwest Sports Park, which would enable the expansion of sports activities. R:\Minutes\042500 1 Certificate of Appreciation to Grace Mellman W~th gratitude, Ms. Grace Meliman accepted the award for her achievements with respect to the current library and the proposed new facility, relaying that she looked forward to the new library project. Certificate of Achievement to EaGle Scout Andrew McDonnell Mr. Andrew McDonnell accepted his Award of Achievement for attaining the rank of Eagle Scout, noting that his project associated with this achievement involved the planning and the installation of a bddge at the Santa Rosa Plateau. Presentation of cliff from Sister City Nakavama Advising that he and Councilman Roberts recently visited Nakayama, Mayor Stone presented a gift from the Sister City, which was a Japanese doll, noting that it would be displayed in City Hall. PUBLIC CO~IVIENTS Ms. Adrian McGregor, 34555 Madera del Playa, relayed her concern with new development and the potential impact with respect to future flooding issues. Mr. Ed Dool, 28464 Old Town Front Street, noted that he had received a letter from the City prohibiting amplified music at the Temecula Beer and W~ne Garden in Old Town until there had been an acoustical study conducted; requested that the City Council and staff allow the weekend entertainment to continue in order for the business not to lose patronage, noting that there had recently been an 8-foot sound wall installed; and relayed that the business was working with the Police Department and the adjacent neighbors to modify the amplified music, advising that the music would end at 10:00 P.M. until the conflict was resolved. CITY COUNCIL REPORTS With respect to his recent attendance at the RTA luncheon meeting, Councilman Pratt relayed that a RTA consultant had spoken on the topic of "Bus Transportation Relieving Traffic Congestion in Southwest Riverside County." Commenting on the lack of utilization of the busses in the City of Temecula. Mayor Stone recommended that there be incentives provided to encourage the community residents to utilize the RTA system. In response, Councilman Pratt relayed that if a citizen was required to wait more than fifteen minutes, the bus system would not be effective. Mayor Pro Tern Comerchero advised that RTA was addressing identifying the problems associated with the lack of use of the bus system; noted that there would be a public workshop scheduled in June for the purpose of bringing in those individuals most likely to use the public transit system in order to determine what routes and times the bus system should maintain and to address alternate issues; noted that currently Temecula's ridership was among the lowest in Riverside County; and relayed that there was a scheduled meeting with the Executive Director of RTA in order to discuss the role the RTA could play in the Growth Management Plan. Mayor Stone recommended that there be transportation provided from the multi-family and single family areas to the RTA bus depots. R:\Minutes\042500 2 Relaying that it would be advantageous to investigate these transportation issues prior to committing to development proposing transportation provisions, Councilman Naggar concurred with Mayor Stone's comments. City Attorney Thorson relayed that the RTA bussing issue could be a topic for discussion at the Thursday City Council Workshop on April 27, 2000. In accordance with the Growth Management Workshop, Councilman Naggar relayed that Special Projects Planner MassaoLavitt would provide an overview of the Multi-Species Habitat Conservation Plan Committee discussions. Ms. Sandre specified that the pdmary purpose of the Multi-Species Habitat Conservation Plan Committee was to create a permanent preserve in Riverside County for the purpose of carefully managing open space areas and providing access to these areas; highlighted their review of potential habitat conservation border area maps, and this area's acreage which would be potentially preserved; noted that overall there would be a potential 300,000 acres preserved in the County; relayed the Committee's concern with regard to the acquiring of the 300,000 acres; noted the additional concern with the adoption of the Interim Guidelines which was the County Board of Supervisors established procedure for granting General Plan amendments and zone changes while the new General Plan was being developed; and relayed the discussions regarding alternate preservation methods (i.e., conservation credits). With respect to the Citizen's Advisory Committee, Councilman Naggar relayed that there were three open positions, advising interested individuals to contract Executive Assistant Steffen, W~th respect to the General Plan Advisory Committee (GPAC) meeting, Mayor Pro Tem Comerohero advised that he had been accepted as a full voting member of the committee; relayed that the pdmary topic of discussion was related to the Interim Approval Policy, noting the specific concern with respect to the General Plan amendments and zone changes; noted that on Tuesday April 18th the County Board of Supervisors considered the matter and voted in favor of instituting the Interim Policy Guidelines; relayed that subsequently the Technical Advisory Committee of the Western Riverside County Council of Governments (VVRCOG) met and determined to petition the Board to allow future decisions of that type to be presented to WRCOG initially in order for the cities to have an avenue for input; relayed hopes that when the Executive Committee of WRCOG met, the recommendation would be endorsed; and advised that it was his hope that the County Board of Supervisors would reconsider their vote on the Interim Policy, noting that the Board had expressed a willingness in the future to consider amendments and recommendations from the City. VVith respect to alternate modes of travel, Councilman Roberts relayed his experiences in Japan riding various forms of transportation; and recommended that at a future Council meeting that he present an overview of the successful transportation modes utilized in Japan (i.e., the super bullet train, commuter, and light rail). Regarding the Community Environmental Transportation Acceptability Process (CETAP), Councilman Roberts relayed that there was a subcommittee-type meeting held last week which discussed a bypass for Wanchester Road; relayed that there would be two selected corridors (a north/south, and an east/west corridor) which would have provisions of financing for improvements; relayed his recommendation that the Winchester corridor be selected due to the need for a bypass in this area; and noted the plan proposed by Lennar Developers for a Date Street Interchange with flyover connectors in lieu of merging connections. R:\Minutes\042500 3 In response to Councilman Roberrs' queries, City Manager Nelson relayed that at the Thursday, April 27th City Council Workshop, the City was anticipating receiving additional information regarding transportation from the County; and invited the public to attend. G= Wsth respect to the City's Faster Ambulance Service Program (F.A.S.T.), Mayor Stone noted that at a staff meeting held on Apd125th there had been a presentation demonstrating the technological hardware (which would identify the location of facilities, the floor plans, and chemicals on site inclusive of the nature of stored chemicals) that would potentially be placed in emergency vehicles in July; noted that at the first City Council meeting in May staff would provide additional information regarding this matter; and advised that initially it was proposed that the City would fund the installation for two units and that ultimately there would be the installation of the hardware in ten emergency vehicles. City Manager Nelson relayed that no other Fire Department in Riverside County had provision of this technology at this time. VVith respect to the prohibited needle tracheotomy procedure, Mayor Stone relayed that there was an alternate needle procedure which was currently used in seventy-five percent (75%) of the State, noting that at this time Riverside County restricted the procedure; noted that staff would be meeting with ear, nose, and throat physicians to determine the risks and the benefits of the procedure; and noted that there would be continued investigation with respect to this issue until there was resolve. Mayor Stone relayed that with respect to the Via Cordoba area that on Saturday, Apdl 22nd the Police Department had cited five drivers for speeding and/or stop sign violations, advising that the increased enforcement was working well. CITY COUNCIL SUBSEQUENT NEED ITEM Mayor Stone noted that at the Apd122"d meeting with the Via Cordoba residents it had been the consensus of staff and the majority of the Via Cordoba residents to remove the traffic circles which required City Council action, advising the Council to agendize the issue as a subsequent need item. City Attorney Thorson relayed that in order to agendize the matter there would need to be a motion reflecting the findings that the need to consider this arose after the posting of the agenda, and that there was a need to act pdor to the subsequent Council meeting. NIOTION: Councilman Roberts moved that sufficient findings exist to agendize the above- mentioned request. The motion was seconded by Mayor Pro Tem Comerchero. (This motion ultimately passed; see below.) In response to Councilman Naggar, Mayor Stone relayed that various residents were of the opinion that the traffic circles should be removed expeditiously due to the hazards which could be created from the installations. City Attorney Thorson relayed that the consideration for stop sign installations in the Via Cordoba area would be agendized for the next City Council meeting. At this time voice vote was taken reflecting unanimous approval. Mayor Stone advised that this item would be considered after Agenda Item No. 14. R:\Minutes\042500 4 CONSENT CALENDAR I Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Resolution ApprovinG List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 2000-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 Amendment to Fire Protection Aqreement for Fiscal Year 1999-00 RECOMMENDATION: 3.1 Approve the amended Fire Protection Agreement for Fiscal Year 1999-00 and authorize the Mayor and City Clerk to execute the agreement, final form to be approved by the City Manager and the City Attorney. 4 Revised Schedule of Authorized Positions RECOMMENDATION: 4.1 Approve the revised Schedule of Authorized Positions. 5 Tract Map No. 23100-8 - Finding of conformance with its odGinal approval (located south of La Serena Way, east of Meadows Parkway, west of Butterfield Stacle Road, and north of Rancho California Road in the MarGarita VillaGe Specific Plan No. 199 RECOMMENDATION: 5.1 Approve Tract Map No. 23100-8 in conformance with the conditions of approval; 5.2 Approve the Subdivision Improvement Agreement; 5.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, Monument Bond as security for the agreements. R:\Minutes\042500 5 6 Purchase of a City Utility Vehicle with Aedal Lift RECOMMENDATION: 6.1 Approve the purchase of a City utility vehicle with a 41-foot aerial lift from Truck Hydraulic Equipment Company, Inc. for $80,097.04. In response to Mayor Pro Tern Comerchero's queries, staff confirmed that there were no firms in the City of Temecula that provided this particular type of service. 7 Authorization to solicit construction bids for the Old Town Southside Parking Lot Project - Project No. PW98-16 RECOMMENDATION: 7.1 Approve the plans and specifications and authorize the Public Works Department to solicit construction bids for the Old Town Southside Parking Lot Project - Project No. PW98-16. Mayor Stone advised that he would be abstaining with regard to this issue. 8 Pala Road Brid.qe - Project No. PW97-15 - Construction Acceleration/Miticlation Proiect Funding RECOMMENDATION: 8.1 Authorize the City Manager to approve contract change orders with Granite Construction Company for an amount of $220,000 above the previously approved 10% contingency for the Pala Road Bridge- Project No. PW97-15. 9 Environmental Indemnification and Remediation Aqreement for sale of property to Richardson Real Estate, LLC RECOMMENDATION: 9.1 Approve the Environmental Indemnity and Remediation Agreement; 9.2 Adopt a resolution entitled: RESOLUTION NO. 2000-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN ENVIRONMENTAL INDEMNIFICATION AND REMEDIATION AGREEMENT BY THE CITY OF TEMECULA AND THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA TO INDUCE CALIFORNIA BANK & TRUST AND THE UNITED STATES SMALL BUSINESS ADMINISTRATION TO PROVIDE A LOAN TO RICHARDSON REAL ESTATE, LLC R:\Minutes\042500 6 10 Park Improvement reauirements within the Crowne Hill Development RECOMMENDATION: 10.1 Accept the bonds and agreements for construction of a proposed 4.5-acre park and the respective roadway and sidewalk improvements; 10.2 Accept the Irrevocable Offers of Dedication for the proposed park and roadway areas; 10.3 Authorize the release of the first 249 building permits within the Crowne Hill Development provided all other requirements for issuance of a building permit have been satisfied. IViOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1-10. The motion was seconded by Mayor Pro Tern Comerchero and voice vote reflected approval with the exception of Mayor Stone who abstained with regard to Item No. 7. At 7:46 P. M., the City Council convened as the Temecula Community Services Distdct and the Temecula Redevelopmerit Agency. The meeting recessed from 8:51 P.M. and at 9:00 P.M., the City Council reconvened, resuming with the regularly scheduled City Council business. RECONVENE TEiVIECULA CITY COUNCIL PUBLIC HEARING 11 Amendment to the Adult Business Ordnance (P ann n.q Application No. PA00-0041 ) RECOMMENDATION: 11.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 2000-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AiVIENDING PORTIONS OF CHAPTER 5.09 OF THE TE~ECULA iVIUNICIPAL CODE REGULATING ADULT BUSINESSES (PLANNING APPLICATION NO. PA00-0041 ) Providing background on this issue, Deputy City Manager Thornhill presented the staff report (of record), noting that the City has had an Adult Business Ordinance in place, relaying that this year it was proposed that the ordinance be amended in order to address deficiencies in the specificity of the language; in response to the request for revision, the City Council had directed staff to bdng the matter before the Planning Commission; advised that the Planning Commission had endorsed the proposed amended ordinance while recommending that additional language be added; provided an overview of the proposed amendments to the ordinance, noting that an activity would be classified as an adult business if the business displayed any material depicting any of the specified anatomical areas or specified sexual activities on the exterior of its packaging if the material was displayed in a manner that was accessible to persons under the age of 18 years; relayed that under this amendment the matedal shall be deemed inaccessible to persons under the age of 18 year if an area of the business was established for the placement of such material and labeled adults only (which was a regulation similar to the restriction on adult videos currently imposed by State Law in R:\Minutes\042500 7 this particular area); and specified the Planning Commission's recommended minor change modifying the definition of specified sexual activities (per agenda material). Regarding the Planning Commission's proposed amendment, Councilman Naggar queried Vice Chairman Mathewson regarding the recommendation to add the word five with respect to models. In response, Vice Chairman Mathewson confirmed that it was the Planning Commission's intent to not have ovedy restrictive prohibitions regarding mannequins. In response to Councilman Naggar, City Attorney Thorson relayed that the term models could remain referring to either live or mannequins in light of the qualifying language regarding the specified anatomical exposed areas. Additional discussion ensued regarding the definition of the phrase anatomically correct, Councilman Naggar clarifying that a mannequin depicting a woman by silhouette or definition would not be prohibited, City Attorney Thorson clarified the need for specific language for legal purposes; and in response to Mayor Stone, relayed that if the language included models or mannequins rather than live models, the ordinance would accomplish the Planning Commission's intent. In response to Councilman Naggar, for clarification City Attorney Thorson relayed that the specific language would state including models or mannequins dressed only in lingerie or other coverings to the point where specific anatomical areas are exposed; and provided additional information regarding the definition of specific anatomical areas. For Councilman Naggar, Vice Chairman Mathewson relayed that the above-mentioned language would meet the intent of the Planning Commission. At this time Mayor Stone opened the public hearing. Mr. Wayne Hall, 24101 Moraga Road, relayed full support of the modifications to the ordinance. At this time Mayor Stone closed the public hearing. City Attorney Thorson introduced and read by title only Ordinance No. 2000-03. MOTION: Councilman Naggar moved to approve staffs recommendation with additional language stating including models or mannequins as clarified by City Attorney Thorson. Mayor Pro Tern Comerchero seconded the motion and voice vote reflected unanimous approval. Mayor Stone relayed that the second reading of the ordinance would be conducted at the subsequent City Council meeting, noting that the ordinance would go into affect 30 days after that date. COUNCIL BUSINESS 12 Rodpau~lh Specific Plan - Status RECOMMENDATION: 12.1 Approve the subcommittee recommendations and direct staff relative to the processing of the project. R:\Minutes\042500 8 Deputy City Manager Thomhill relayed that the Rodpaugh Specific Plan planning process had been involved with the City for approximately 5-6 years; specified the issues that staff and the applicant had been attempting to address (i.e., densities, land uses, buffering, circulation, and financing issues related to necessary construction); noted that the Council had appointed a subcommittee consisting of Councilmen Comerchero and Roberrs to analyze the feasibility of this project being developed in the City and to provide a recommendation as to whether the application should continue being processed in the City; provided an overview of the subcemmittee's meetings and concerns, highlighting the request for an amended fiscal impact analysis, the request for specified deal points for the Development Agreement associated with the project, and additional detail regarding the formation of an Assessment District; relayed that a study regarding the feasibility of the Assessment District had not been conducted due to the fact that the applicant was not willing to fund the study; noted that since there was no data regarding the feasibility of the Assessment District the subcommittee was recommending that the City Council inform the applicant that the project application be withdrawn; advised that since this staff report had been prepared, additional discussions have ensued; and requested the subcommittee members to update the Council. Mayor Pro Tem Comerchero clarified that the pdmary concern was the ability of the project to either build or aid in the facilitation of the building of Butterfield Stage Road from Rancho California Road up to Muftieta Hot Springs Road which would ultimately be continued by the County through Scott Road and to the 1-215 in order to serve as a bypass; specified that this road improvement project was a key component in the project's consideration; advised that due to the lack of a feasibility study which would address the projecrs ability to fund these necessary improvements it had been the recommendation to withdrew the application; noted that the subcommittee met again with the applicant on Friday, April 21~ whereas the applicant relayed that at this time he was willing to fund the study, advising that it was the subcommittee's recommendation at this time to postpone the determination until the feasibility study had been completed. In response to Councilman Naggar, Director of Public Works Hughes relayed that the feasibility study could be initiated in approximately two weeks, and completed approximately 30 days after that date. For Councilman Naggar, Deputy City Manager Thornhill relayed that the County's treffic circulation model for the County's General Plan would not be complete until approximately 4-6 months. City Manger Nelson advised that at the Thursday, April 27th City Council Workshop this would be an opportune time to address this issue with the County staff. In response to Mayor Stone's queries, City Manager Nelson provided an overview of the submitted request for a grent via Congressman Packard's office in the amount of $5 million for a project to connect Butterfield Stage Road from Rancho California to Murrieta Hot Spdngs Road which would be a two-lane project; noted that the City had not received the results of that request, noting that it may be difficult for the City to obtain grant funding for this project. For Mayor Stone, Deputy City Manager Thornhill provided additional information regarding the fiscal impacts as related to the land use implications. With respect to the Generel Plan process, Mayor Stone queried the density level for this particular property and whether that level was factored into the traffic model. In response, Deputy City Manger Thomhill relayed that the density level was set at a maximum three units per acre which would be approximately 2400 maximum units, noting that this proposal was for the development of 1625 units. R:\Minutes\042500 9 Mayor Stone queried the Council as to whether the Council would be interested in pursuing the development if the study revealed that the project would mitigate the impacts or whether it was the desire of the Council to have the applicant pursue this development with the County. Mayor Pro Tem Comerchere relayed that although he would be reluctant to make a determination prior to the completion of the data, that he was willing to consider the project if the study revealed positive data with respect to the ability for the project to complete the previously mentioned important component of the circulation element; and relayed that adjacent to the 10- acre commercial site there was a 350 unit multi-family area proposed which the applicant had expressed a willingness to remove and to increase the size of the commercial site if the overell paremeters rendered that this was a feasible concept, clarifying that there were additional issues that needed to be addressed. In light of the need to annex this property (which was currently vacant) if the Council moved forward with this project at this time, City Attorney Thorson advised that the procedure would be inclusive of the development of a General Plan, zoning specifications, and the development of a Development Agreement, relaying that there would be numerous public hearings before the Planning Commission and the City Council, noting that there would be interim Council decisions determining whether the City would proceed with the project. At this time Mayor Stone opened the public hearing. Ms. Addan McGregor, 34555 Madere del Playa, relayed concern with respect to the densities and the impact on the City monetarily which would not be adequately compensated by the proposed commercial business; and provided additional information regarding Assessment Districts and the Southwest 30-year Plan which was currently being revised by the County. Mr. Sandro Lamni, 30427 Mendocino Way, Murrieta, member of the Board of Directors for the Temecula Preparatory School, relayed that the efforts of the Board had been focused on locating the school in the City of Temecula; noted that the applicant for this project had offered a temporary facility for the school; requested the City Council to postpone determination on this project until the study has been completed; and thanked Councilmen Comerchero, Naggar, and Stone for their diligent efforts related to aiding the efforts of the school. For Councilman Naggar, Mr. Lamni relayed that the applicant offered the school the use of the property immediately. In response, Councilman Naggar requested staff to aid the school in utilizing this property. For Councilman Naggar, Deputy City Manger Thornhill recommended that Mr. Lamni contact Planning Manager Ubnoske, advising that there was a procedure to be followed. In light of the previous discussion, Mayor Pro Tern Comerchero relayed that while the offer to the school was commendable that this project should be considered with respect to it impacts on the City of Temecula, noting that the gesture should not obscure other important criteria. Mr. Mike Knowlton, 39130 Pala Vista Ddve, queried whether this project could be developed similar to the Johnson Ranch Development; and relayed that he was a proponent of the improvements to the traffic circulation. In response to Mr. Knowlton, Mayor Stone relayed that if the Council goes forward with the project that there would be numerous public hearings, noting that thirty-seven percent (37%) of the proposal would be dedicated to open space. At this time Mayor Stone closed the public hearing. R:\Minutes\042500 10 The Council relayed closing comments, as follows: Councilman Roberrs relayed that per telephone discussions he had been notified that the applicant was potentially going to donate a shelter to Against Domestic Violence (ADV), noting his recommendation that the issues of concern be addressed by the subcommittee rather than getting sidetracked by the offers to alternate organizations; advised that the feasibility study would reveal important data, recommending that alternate entities do not plan ahead with respect to the offers pdor to a determination from the City Council; and relayed hopes that the applicant would wait until the Council had followed the proper procedures before presenting potential offers to community organizations. Mayor Stone noted that Mr. Lamni had noted that the property was being provided unconditionally, thanking the applicant for this endeavor. Councilman Naggar concurred that the issue of whether or not the provisions were ultimately provided to the school was unrelated to the issue before the Council, reiterating his request for staff to provide direction to the school; with respect to the General Plan Circulation Update, noted that this project had been denoted on the plan with 1625 units, relaying that all feasible road improvements would also be addressed in the circulation element, advising that various intersections would still perform at inadequate levels; with respect to the study. noted his concurrence to investigate the viability of the Assessment District; advised that in his opinion the major criteria would be whether this project mitigates its traffic, noting that he was not opposed to the construction, and acknowledging the benefits of the project (i.e., open space areas); clarified that the deciding factor for him would be whether the City would be benefited more with or without the project; specified that with the densities proposed if the traffic could be mitigated then he would consider supporting the proposal, and if not, he would not; and recommended that the applicant proceed with the study. With respect to open space areas, Councilman Pratt recommended that the City should consider acquidng this property or that the applicant consider development of larger parcels. Mayor Stone relayed that he also had concern regarding the traffic generation associated with the project, noting that the Assessment District would be the important key in the mitigation of traffic; with respect to the annexation proposal, specifically regarding a property located on the border of the City, advised that the City had an opportunity to exercise land-use authority or the responsibility could be given to the County Board of Supervisors, relaying his reluctance to do that since only one or two of the Supervisors were accountable for their vote on the project in this District; noted that the Board could be labeled as pro-growth; reiterated that the City had the ability to govern the land-use authority, advising that this was the purpose of the Growth Management Plan, due to the unabated growth in the County areas; clarified that he was a strong proponent of the City Council further reviewing this project to determine the merits in order to ensure that the citizens of Temecula are the beneficiaries of positive traffic impacts, adequate parks through the City's Quimby requirements, rather than the County's Quimby requirements, and to ensure that the infrastructure was provided creating access to the freeway without going through the core of the City; noted that the fees collected would be for provisions for infrastructure in the City rather than having the County determine the improvements; and advised that the fiscal benefits may have been underestimated, specifically if there could be provisions for a bypass of Highway 79 South to the 15 Freeway. With respect to Ms. McGregor's comments, Mayor Pro Tem Comerchero clarified that this project would slightly benefit the City monetarily, querying the cost figures represented; and advised that if this project would cost the City $13 million it would not be considered. R:\Minutes\042500 11 MOTION: Councilman Roberts moved to continue the issue off-calendar for 60 to 90 days in order for the study to be completed and for the subcommittee to review the findings. Mayor Pro Tem Comerchero seconded the motion and voice vote reflected unanimous approval. Councilman Naggar recommended that when the subcommittee reports back that they augment their report with the latest specific data from the County in regards to the Circulation Element. 13 Appointment of two Councilmembers to the Weed Abatement Contractor Selection Committee RECOMMENDATION: 13.1 Appoint two Councilmembers to a Subcommittee for the purpose of interviewing and the subsequent selection of a weed abatement contractor. Chief Building Official EImo provided an overview of the City's Weed Abatement Program which reviews hazardous vegetation throughout the City each year; relayed that in light of the current expiration of the current contractual agreement which provided these services, staff had subsequently selected three firms that were qualified for the work; and relayed the recommendation to the Council that two members be appointed to sit on a subcommittee for the interview and subsequent selection of a weed abatement contractor for the City. Councilman Naggar and Pratt offered to serve on this subcommittee. NIOTION: Councilman Roberts moved to appoint Councilmen Naggar and Pratt to serve on this particular subcommittee. Mayor Pro Tem Comerchero seconded the motion and voice vote reflected unanimous approval. 14 Policy for Wild and Exotic Animals RECOMMENDATION: 14.1 Appreve the proposed policy for the care and treatment of wild/exotic animals and incorporate the services of L.E.A.F. to assist in the inspection and permitting process for wild and exotic animals. Via overheads, Assistant to the City Manager Yates presented an overview of the proposed policy (via agenda matedall which had been prepared in conjunction with Lake EIsinore Animal Friends (L.E.A.F.), noting that the guidelines would provide additional structure to the inspection required for the permitting process of wild and exotic animals; specified the $100 fee and the $2,000 refundable deposit required; provided additional information regarding the definition of wild and exotic animals (per staff report); for Councilman Naggar, clarified that the policy originated from L.E.A.F., which staff had utilized as a guideline, modifying the language for the City's use; confirmed that L.E.A.F. would be in charge of enforcing the policy; for Mayor Pro Tern Comerchere, specified the differantial between the existing permitting process and this particular proposal, reiterating the fee requirement and the need for additional documentation; relayed that these guidelines would implement tools for additional review of the public's and the animal's health and safety; confirmed that the policy was designed to ensure adherence to the United States Department of Agriculture (USDA) regulations; with respect to Policy No. 30, regarding the waiving of fees for educational-type permits, advised, for Councilman Roberts, that staff would need to develop a qualifying criteria for determination of what entities qualified for an educational permit. R:\Minutes\042500 12 in light of L.E.A.F. aiding in the drafting of the policy, and being in charge of enforcing the ordinance, Councilman N aggar queded whether staff was aware that L.E.A.F. was on record as being anti-circus, referencing L.E.A.F. material. In response, Assistant to the City Manager Yates read a statement from Ms. Ann Washington, Executive Director of L.E.A.F., cladfiling the mission of the organization to support and protect the community from dangerous exotic animals, relaying the L.E.A.F. would support City polices; advised that he could not address the qualifications of L.E.A.F. regarding the maintaining and observing of exotic animals, relaying that the USDA would have the overriding authority with respect to these issues, noting that USDA regulations would be followed. Councilman Pratt concurred with Councilman Robert's comments regarding Policy No. 30 with respect to the waiving of fees for educational permits; relayed that in his opinion if a fee was charged that the educational facet to the program would be negated; and queried who would be liable for the determinations of L.E.A.F. In response, Assistant to the City Manager Yates relayed that Policy No. 29 addressed an administrative appeal process. Commenting that ninety-eight percent (98%) of this particular ordinance was duplicated by the ordinances covered by the USDA, Councilman Naggar queried the necessity of a mirrored ordinance. In response, Assistant to the City Manager Yates relayed that this proposal was an attempt to provide additional tools at a local level for enforcement of the USDA regulations. Relaying that although the USDA set the requirements for this issue, Mayor Stone advised that via the correspondence he had received, the Federal Government did not adequately enforce the regulations; advised that it was his opinion that this revised policy did not address enhanced public safety nor did the policy ensure that circuses would take the primary responsibility of maintaining the health and welfare of their animals; queded the lack of penalties addressing the issues that had been mentioned in the newspaper recently (i.e., an elephant killing an individual in Thailand, and an animal killing a child in a cage in Texas); queried whether LE.A.F. had the expertise to ensure that the detrimental treatment of animals would be prevented; and relayed that it was not his desire to create additional bureaucracy which may not address the issues of concern, City Manager Nelson relayed staffs intent to balance the need for restrictions while providing an additional layer of support for the care and welfare of animals that come into the City of Temecula; and advised that staff had not spent more than five hours of time on this item, specifically in order to gain input from the City Council and the community. At this time Mayor Stone opened the public hearing. City Clerk Jones read into the record a brief statement from Mr. Steven Turner, 43480 Corte Durazo, relaying his opposition with respect to the influence of special interest's groups, requesting that the citizens of Temecula make a determination regarding this matter, and that the issue be place on the ballot. The following individuals were in opposition to the proposed policy: Ms. Linda L. Roberson n MS. Patricia Hall n Mr. Franklin Rosengear n Ms. Elena Medo n Ms. Bevedy White a Ms. Patty Muniain n Ms. Joanne Smith R:\Minutes\042500 no address given 27483 Lark Court 10866 Westminster 41715 Enterprise Circle 27230 Yorba Linda 769 San Jacinto Avenue 27515 Highway 74 13 Garden Grove representing Institute for Species Specific Milk a Ms. Karl Johnson 27575 Highway 74 n MS. Chaderie Stover 25584 F Sharp a Ms. Penny Enger P.O. Box 8115 n Ms. Madlynn Clinard 24770 California Avenue The above-mentioned individuals were opposed to the proposed policy for the following reasons: Relayed the qualifying credentials of the Circus Vargas trainers. Noted the public interest in attending circus events. Provided letters of recommendation associated with Circus Vargas. Via overheads, presented an overview of the maintenance of the animals at Circus Vargas. Relayed data regarding animal activists' literature and master plan. While relaying no opposition to charging a fee for an inspection, advised that with respect to the proposal, that Policy Item Nos. 2,3,4, 6, 14, 16, 19, 22, 23, 25b and c, and 27 could be determined at the time of the inspection of the animals, noting that Item Nos. 9, 11, and 12 were subjective and difficult to enforce; queried the definitions of the terms excessive handling and teasing; with respect to separating animals, queried the provided rationale, noted opposition to Item No. 21, regarding exercising pregnant animals; relayed that the balance of these issues were covered by USDA regulations, noted that for the most part, people who care for animals take good care of them; with respect to the April 25, 2000 Press Enterprise article regarding this proposal, referencing page B1, paragraph 5, noted that data was provided with respect to some various animal activist's agenda, clarifying that they would only be satisfied if animals were running free; and relayed the vagueness of the proposed policy which could make it subject to litigation. Relayed opposition to the bureaucracy associated with the permitting. Noted the inefficiencies of the USDA regulations. Advised that a permitting process regulated by an organization opposed to circuses would not be effective. Requested the City Council to not place a ban on exotic animals in the circus. Noted that elephants were an integral part of the circus. Relaying that per visits to the Have Trunk Will Travel Organization (The Johnson Ranch) that this was a worthwhile entity which benefited the area, noting that the elephants were well treated. Provided data regarding the embellishments of the animal activists' comments. Presented an overview of the activities and programs associated with the Johnson Ranch, noting the associated regulating agencies. Relayed no opposition to a fair and equitable permitting process. R:\Mi n utes\042500 14 v Advised that the organizations that mistreated animals should be addressed. It was noted that the City Council recessed at 10:22 P.M., reconvening at 10:30 P.M. For Councilman Naggar, Ms. Roberson confirmed that while Circus Vargas was in Balboa Park, Animal Control Officers had visited the site daily; specified the potential consequences of the organization if a citation would have been issued; for Mayor Stone, relayed that she had been associated with Circus Vargas for five years, noting that there had been no citations issued in that pedod of time for animal abuse, or for public injury; confirmed that two elephants had died of tuberculosis, relaying that at this time there was a new testing procedure for the disease; relayed that Circus Vargas had their own veterinarian, Dr. Oosterhuis, who was one of the top specialist in the nation, and who was also a veterinadan for the San Diego Animal Park; for Mayor Pro Tern Comerchero, specified that the Animal Control Officers visiting the Balboa Park Event were from San Diego County, relaying that they were responding to voiced concems; for Councilman Roberts, advised that Circus Vargas' elephants were leased; and for Councilman Pratt, noted that the elephants had spent approximately 18 minutes performing before the public during a three-day event. For Councilman Naggar, Ms. Johnson provided information regarding the death of a baby elephant on the Johnson Ranch, noting the extensive research that was conducted. The following individuals were proponents of the policy: a Ms. Dana Connolly P.O. Box 890822 n Ms. Jane Garrison P.O. Box 14187 The above-mentioned individuals were proponents of the proposed policy for the following reasons: Advised that animals needed protection, advocacy, and compassion. Concurred with the ban of wild animals in circuses. Relayed that firsthand documentation had been completed regarding the capture and training of elephants prior to coming to the United States, noting the abusive treatment. Recommended that an ordinance be inclusive of a ban against the use of abusive training devices, and a restriction with respect to allowing elephants that have been captured from the wild being permitted to perform. For Councilman Naggar, Ms. Garrison relayed that with respect to the local Johnson Elephant Ranch, that there was inadequate space for roaming, that young elephants have died at the Ranch, and that elephants were too dangerous to be ridden by people; for Mayor Stone, advised that the Federal Animal Welfare Act in the United States was inadequate, and did not address the mistreatment of animals; and noted that she had an undercover video of animals being abused. Mayor Stone recommended that the Federal Legislators, including Senators Boxer and Feinstein be invited to Temecuia City Hall for a public workshop in order to inform our legislators of the plight of exotic animals since these are the individuals that shape the Federal Policies that impact the protection, and the rights of animals. R:\Minutes\042500 15 The following individuals were proponents of a ban barring the use of exotic animals in circuses: [] Ms. Garnet Sherman 25560 Corte Zorita M.rd.~ n MS. May Lorah 41886 Corte Lara [] Mr. Mitch Wagner 19870 Hitt Lane M,r,~,. [] Mr. Lance M. Sandon 39450 Bella Vista Road u Ms. Pamela Miod 30995 Via Saltio ~ Ms. Isa Salisbury 23684 Via Olivia ...ie~ [] Ms. Megan Ohnesorgen 30340 Pechanga Drive [] Dr. Aiison E. Stanley 1704 Westcliff Drive [] Ms. Lucy Shelton 1334 Brian Avenue a Mr. Ed Stewart 11435 Summerhorn [] Mr. Anthony C. Burg 42200 Margarita Road [] Dr. Susan Finsen 31328 AIta Vista Drive Redlands Newport Beach Azusa Gait, representing Pelforming Animal Welfare Society The above-mentioned individuals were proponents for a ban against the use of exotic animals in circuses for the following reasons: Via a video presentation, displayed an escaped elephant being shot in another country due to endangering the public. Provided data regarding captive elephants, noting the injuries and deaths. Opposed the mistreatment of animals at circuses (noting that the animals would have to be mistreated in order to perform the unnatural tasks the circuses demand (i.e., elephants standing on their heads.) Noted the liability issues associated with circuses. Recommended that the City adopt an ordinance inclusive of Type I Indemnification to ensure that a circus promoter would be responsible to defend the City with respect to litigation matters, and be required to provide liability insurance with the City named as an additional insured on the policy. Advised that circus animals put the public at risk due to the unpredictability of their behavior. Relayed that circus animals have been beaten, and stored and transported via inadequate means. Noted that abuse occurs when the animals are taken out of their natural habitat. Advised that Finland had banned the use of exotic animals in circuses. Queried the impact on children seeing animals being trained with bull hooks and shocked with prods. v Noted that children could learn of animals via textbooks rather than at the circuses. Advised that there was a connection between the mistreatment of animals and the subsequent mistreatmerit of people. Relayed that two years ago the City of Azusa banned wild animals from circuses on City- owned property. R:\Minutes\042500 16 ,, Opposed the confinement of animals. Provided additional data regarding the dangers associated with elephants travelling. Displayed a bull hook that had been used in the past as a circus-training tool. Relayed that the exploitive entertainment at circuses was unacceptable. Referenced a quote from Mahat Ma Gandhi stating, "The greatness of a nation and its moral progress can be judged by the way its animals are treated." It was noted that the City Council recessed at 11:05 P.M., reconvening at 11:11 P.M. For Mayor Stone, Ms. Sherman advised that there appeared to be a connection between elephants contracting tuberculosis and elephants in the circus. For Councilman Naggar, Mr. Sandon relayed that wild animals in the circuses were mistreated while trained, noting the use of the bull hook in the training of animals. For Mayor Stone, Mr. Burg relayed that he had witnessed elephants being kept stationery for 3- 4 hours at the Circus Vargas Event in Murrieta. For City Manager Nelson, Mr. Stewart relayed that the Bill before Congress regarding the ban of elephant ddes and travelling elephants in circuses was H.R. 2929. Mayor Stone closed the public headng at this time. The Councilman relayed their conclusions, as follows: Councilman Pratt noted that the community comments had been informational. Based on the input provided, Councilman Roberts relayed that most individuals expressed opposition to the proposed ordinance, advising that an alternate ordinance should be drafted. iVlayor Pro Tem Comerchero advised that the intent of the proposal was to insure that animals would be well-treated, noting that this proposed policy, as written, did not adequately address the concems of the community; relayed that while he was opposed to the abuse of animals, he would not support a ban on exotic animals in the circus; and recommended that the Council deny this ordinance and after additional investigation that the issue be brought before the Council at a future date. Councilman Naggar advised that he was opposed to the comparison of animals to people as equitable entities; referenced comments from the heads of animal activist organizations, equating the mistreatment of humans (i.e., the holocaust) with that of animals; noted that cruelty as defined by L.E.A.F. was not being exhibited at the Circus Vargas Events per his attendance to the recent events; reiterated that this issue was regulated by the USDA regulations, concurring with Mayor Stone's recommendation to hold the Federal Legislators accountable; noted his opposition to a ban on a permitting process that levees a special tax on a single type of business; relayed that he would take a stand against the cruelty of animals; and noted that he was moved by the community comments. Mayor Stone relayed that the proposed policy would not adequately prevent the abuse of animals; noted that in his opinion, some circuses treated their animals humanly; commended R:\Minutes\042500 17 the Johnsons for their fine facility, relaying that per numerous testimonials the care of their animals had been applauded; with respect to liability issues, noted his concern, requesting that the City Attorney investigate the matter; relayed his opposition to violent means of training animals, noting that he would not condone the unethical treatment of animals; recommended that additional investigation be conducted with respect to this matter to insure the ethical treatment of animals, and to reduce liability to the City; reiterated his recommendation to invite Congressmen Calvert, Bono, Packard, and Senators Boxer and Feinstein to the City Hall in order to discuss the abuses that the Federal Government was not addressing, by not enforcing the regulations; recommended development of a policy that allows entities like the Johnson Ranch to take care of animals well, while prohibiting circuses that abuse animals; recommended that laws and the enforcement of those laws should address animal protection, and public safety from the wild animals; and noted that staff would invite the legislators to a meeting to address these issues. in response to Mayor Stone's comments, City Manager Nelson recommended that the State Legislatures be included in the discussions, Mayor Pro Tem Comerchero concurred with Mayor Stone's recommendation. MOTION: Mayor Pro Tem Comerchero moved to deny the policy, as proposed. Councilman Pratt seconded the motion. (This motion ultimately passed; see below.) Councilman Roberrs relayed that the benefit of this issue being agendized was that the concerns of the community had been brought to the forefront; and noted his concurrence with Mayor Stone's recommendation. Mayor Stone recommended that the Secretary of Agriculture be invited to attend this meeting, as well; and relayed that the public would be notified via the newspaper as to a scheduled date. At this time voice vote was taken reflecting unanimous denial of the proposed ordinance. At 12:33 A.M. the City Council recessed, reconvening at 12:40 A.M. CITY COUNCIL SUBSEQUENT NEED ITEM 15 Traffic Calming Devices - Via Cordoba RECOMMENDATION: 15.1 Direct the Public Works Department to remove the traffic calming devices on Via Cordoba. MOTION: Mayor Pro Tem Comerchero moved to remove that the traffic circles and the associated signage on Via Cordoba. Councilman Roberrs seconded the motion. (This motion ultimately passed; see below.) For Councilman Naggar, Mayor Stone relayed that the issue of installing stop signs in this area would be agendized for a future City Council meeting. At this time voice vote was taken reflecting unanimous approval. R:\Minutes\042500 18 DEPARTMENTAL REPORTS CITY IVlANAGER'S REPORT No input. CITY ATTORNEY'S REPORT City Attorney Thorson relayed that with respect to the Closed Session there were no reportable items. ADJOURNMENT At 12:55 A.M., Mayor Stone formally adjourned the City Council meeting to the next adjourned regular meeting: City Council Workshop, Thursday, April 27, 2000, April 27, 2000, 6:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. 'V'ZJ~eff~.~Stone, Mayor ATTEST: R:\Minutes\042500 19