Loading...
HomeMy WebLinkAbout071399 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JULY 13, 1999 CLOSED SESSION 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 Govemment code Sections: Conference with real property negotiator pursuant to Govemment Code Section 54956.8 conceming the acquisition of real property at the east side of Pujol Street, south of Sixth Street (APN 922-053-008), 28516 Pujol Street (APN 922-053-007), 28725 Pujol Street (APN 922-062019), and 28731 Pujol Street (APN 922-062-016). The negotiation parties are the City of Temecula/Redevelopment Agency of the City of Temecula and Redevelopment Agency and Otto Family Trust, Irwin, Ladanyi, and Rutner. Under negotiation are the pdces and terms of payment of the real property interests proposed to be acquired. The City/Agency negotiators are Shawn Nelson, Jim O'Grady, and John Meyer. Conference with City Attomey and legal counsel pursuant to Govemment Code Section 54956.9(a) with respect to two matters of existing litigation involving the City and/or the Agency, The following cases/claims will be discussed: 1) Firestone vs. City of Temecula and 2) Claim of Westside City II (Bill Dendy). Conference with City Attomey and legal counsel pursuant to Government Code Section 54956.9(b) with respect to one matter of potential litigation. With respect to each matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and/or the Agency based on existing facts and circumstances. The Open Session of the City Council meeting convened at 7:00 P.M. ROLL CALL Present: Councilmembers: Comerchero, Lindemans, Roberts, Stone, and Ford. Absent: Councilmember: None. PRELUDE MUSIC The prelude music was provided by Matthew Cappiello. INVOCATION The invocation was given by Pastor Gary Nelson of Calvary Chapel of Temecula. ALLEGIANCE The audience was led in the Flag salute by Mayor Pro Tem Stone. R:~linutes~071399 PRESENTATIONS/PROCLAMATIONS Temecula Good Neighbor Award Councilman Roberts presented the Good Neighbor Award to Ms. Gera Thole who accepted it with appreciation. Western Ea{31e Foundation Proclamation Mayor Ford proclaimed September 12, 1999 to be designated as Westem Eagle Foundation Day. Ms. Kathleen Krugar accepted the award, thanking the City for the honor. Held Hospitalized Veterans Proclamation In honor of the Centers Grand Opening, Mayor Ford proclaimed the day of July 24, 1999 to be designated Help Hospitalized Veteran's Day. Accepting with gratitude the award, Mr. Mike Lynch extended an invitation to the community to the Grand Opening Ceremony of the new facility on July 24, 1999. Balloon and Wine Festival Presentation On behalf of the Balloon and Wine Festival's Board, Mr. Bob Brown presented the City of Temecula with a framed poster commemorating the event, thanking the City of Temecula for its support. PUBLIC COMMENTS Ms. Janet Dixon, 31860 Via Cordoba, relayed her concem with respect to the speed of traffic on Via Cordoba; noted that the street was utilized as a short cut; relayed that at the June 24, 1999 Public/Traffic Safety meeting, the Commission denied the matter of installing stop signs on Via Cordoba; and requested that the City Council agendize the issue in order to hear the concerns of the community. In response to Ms. Dixon's comments, Mayor Pro Tem Stone requested that the City Council be forwarded the minutes of the aforementioned Publicrrraffic Safety Commission meeting in order to review the issue in detail. Mr. Chades Hankley, 31745 Via Cordoba, reiterated the concern regarding traffic on Via Cordoba; noted the sloping of the street causing cars to accelerate; and reiterated the request for the aforementioned issue to be agendized by the City Council. CITY COUNCIL REPORTS Relaying his enjoyment of the City's 4th Of July celebration activities, Councilman Comerchero recommended availability of 3-D glasses at next years festivities for the community's pleasure, noting the enhanced affect of viewing the fireworks with the 3-D glasses. R:Wtinutes~071399 2 Due to the community concorn with respect to traffic on Via Cordoba, Mayor Pro Tern Stone recommended that there be additional Police Enforcement in the area in an effort to maintain safety with respect to speed until the issue could be further addressed by the City Council. VV't,h respect to the Southem California Regional Rail Authority (SCRRA), Coundlman Roberrs updated the Coundl, relaying that staff recommendation at the last SCRRA meeting was that the high speed rail project not be constructed in the Inland Riverside and San Diego Counties, recommending instead that the rail be constructed in the coastal region; noted the parallel route of the existing commuter route and Amtrak; relayed that at the July 20, 1999 SCRRA meeting the aforementioned issue will be considered in order to address installation of the high speed rail in the Inland Riverside and San Diego areas. For Mayor Pro Tem Stone, Councilman Roberrs confirmed that the San Diego Rail Authority, the City of Cadsbad, and the assodated coastal cities are supportive of the construction of the high speed rail in the Inland Riverside and San Diego Counties; and in response to Mr. Stone's querying, relayed that due to the request for letter correspondence from the perspective cities requesting the high speed rail to come through Riverside County, up the 1-15 freeway, noted the importance of conveyance of the letter from the City of Temecula. For informational purposes, Mayor Ford relayed that there would be a Planning Agreement brought forward to the City Council from the Western Regional Council of Governments in order to address RCHCA's obligations in the Multi-Species Plan, enabling the County and the Cities to work in cooperative agreement; and noted that the issue would be further discussed at the time the issue is presented to the Council. 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 Minutes RECOMMENDATION: 1.1 Approve the minutes of June 8, 1999; 1.2 Approve the minutes of June 10, 1999. R:%Minutes%071399 3 3 4 Resolution Approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 99-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurers Report as of May 31, 1999 RECOMMENDATION: 4.1 Receive and file the City Treasurers Report as of May 31, 1999. 5 City Treasurers Statement of Investment Policy RECOMMENDATION: 5.1 Adopt the Treasurers Statement of Investment Policy as proposed by staff, which provides safety, liquidity, and yield for City funds. 6 1998-99 Community Service Funding ProGram Special Distribution RECOMMENDATION: 6.1 Review and approve the 1998-99 Community Service Funding Program application request from the Education Foundation in the amount of $12,000 to fund the Chaparral High School stadium lighting. Consent Calendar Item No. 6 was pulled for separate discussion; see page10. R:~Minutes~071399 4 7 Community Fadlities Distdct No. 88-12 (Ynez Corddor) Initiation of Actions Necessary to Foreclose DelinQuent Spedal Tax Liens RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 99-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING ACTION TO TRANSMIT TO THE COUNTY OF RIVERSIDE DOCUMENTS NECESSARY TO CREDIT THE COUNTY OF RIVERSIDE TAX COLLECTOR UPON THE TAX ROLL AND TO RELIEVE THE TAX COLLECTION OF FURTHER DUTY THERETO IN COMMUNITY FACILITIES DISTRICT NO. 88-12 AS REQUIRED BY LAW, ORDERING ACTIONS TO FORECLOSE THE DELINQUENT SPECIAL TAX LIENS, AND ORDERING THE RECORDATION OF A NOTICE OF INTENT TO REMOVE DELINQUENT SPECIAL TAX INSTALLMENTS FROM THE TAX ROLL 8 Cooperation AQreement for Communib/Development Block Grant (CDBG) Funds for Fiscal Years 2000-01, 2001-02, and 2002-03 RECOMMENDATION: 8.1 Authorize the City Manager to execute the Cooperation Agreement for Community Development Block Grant funds for Fiscal Years 2000-01, 2001-02, 2002-03. 9 Maintenance Fadlib/Furniture RECOMMENDATION: 9.1 Approve an expenditure to Padtic Business Interiors (PBI) in the amount of $67,433.65 to purchase furniture that will be installed in the Maintenance Fadlity office additions and modifications. 10 Street Name - Nada Lane RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 99-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING A PORTION OF NORTH GENERAL KEARNY TO THE STREET NAME NADA LN R:V,linute~71399 5 Consent Calendar Item No. 10 was pulled for separate discussion; see page 10. 11 Fair Competition and Taxoaver Savings Act RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 99-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE FAIR COMPETITION AND TAXPAYER SAVINGS ACT INITIATIVE AND LEGISLATION 12 Tract Map No. 28850 (located south of Mamadta Road between Avenida Sonoma and 160 feet west of Avenida Cima Del Sol) RECOMMENDATION: 12.1 Approve Tract Map No. 28850 in conformance with the Conditions of Approval; 12.2 Approve the Subdivision Improvement Agreement; 12.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Matedal Bond, and Monument Bond as secudty for the agreements. 13 Authorize Temporary Partial Street Closures for Bike Races on July 25 and July 31, 1999 (Business Park Ddve and Single Oak Ddvel RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 99-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING PARTIAL STREET CLOSURES OF BUSINESS PARK DRIVE AND SINGLE OAK DRIVE FOR THE TEMECULA CYCLING CLASSIC STAGE RACE ON JULY 25, 1999, AND THE RIVERSIDE CYCLING CLUB RACE ON JULY 31, 1999, AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THESE SPECIFIC SPECIAL EVENTS In response to Councilman Roberrs querying, Acting Director of Public Works Hughes relayed that the final permit will assure that community members have access to the associated churches. R:~A4inutes%071399 6 14 Substitute Agreements and Securities in Tract No. 24185-2 {located northwesterly of the intersection of Butterfield StaGe Road at De Portola Road1 RECOMMENDATION: 14.1 Accept the substitute Subdivision Improvement and Subdivision Monument Agreements, and Faithful Performance, Labor and Materials, and Subdivision Monumentation Securities in Tract No. 24185-2; 14.2 Authorize release of the Faithful Performance, Labor and Materials, and Subdivision Monumentation Securities on file; 14.3 Direct the City Clerk to so notify the developer and sureties. 15 Acceptance of Grant of Easement for Traffic Sic~nal EauiDment RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 99-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A GRANT OF EASEMENT FOR TRAFFIC SIGNAL INSTALLATION AND MAINTENANCE PURPOSES, FACILITATING INFRASTRUCTURE IMPROVEMENTS RELATING TO THE PROMENADE MALL PROJECT 16 Acceptance of Grant of Easement for Traffic Si~3nal Eauioment RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 99-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A GRANT OF EASEMENT FOR TRAFFIC SIGNAL INSTALLATION AND MAINTENANCE PURPOSES, FACILITATING INFRASTRUCTURE IMPROVEMENTS RELATING TO THE PROMENADE MALL PROJECT R:~Minutes~071399 7 17 Acceptance of Grant of Easement for Traffic Si~3nal Ec~uipment RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 99-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A GRANT OF EASEMENT FOR TRAFFIC SIGNAL INSTALLATION AND MAINTENANCE PURPOSES, FACILITATING INFRASTRUCTURE IMPROVEMENTS RELATING TO THE PROMENADE MALL PROJECT 18 Ovedand Ddve Overcrossing Improvements - Project No. PW95-11 - Amendment to Cooperative Ac3reement No. 8-931 (Resolution No. 96-113~ RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. 99-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN FIRST AMENDMENT TO COOPERATIVE AGREEMENT NO. 8- 931 BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR CONSTRUCTION OF THE OVERLAND DRIVE OVERCROSSING IMPROVEMENTS 19 Pechan.caa Band of Mission Indians Pre-Excavation A~3reement- Pala Road Bddcle Improvement- Project No. PW97-15 RECOMMENDATION: 19.1 Approve the agreement with the Temecula Band of Luiseno Mission Indians of the Pechanga Indian Reservation (Pechanga Band) for the cost to monitor grading operations in conjunction with the construction of the Pala Road Bddge - Project No. PW97-15 - and authorize the Mayor to execute the agreement. Consent Calendar No. 19 was pulled for separate discussion; see page 11. R:~Minutes%071399 8 20 Amendment to Joint Funding Agreement with Riverside County Transportation Department for Weekend Traffic Control at 1-15 and Highway 79 South RECOMMENDATION: 20.1 Approve an amendment to an existing agreement between the City of Temecula and Riverside County extending California Highway Patrol (CHP) traffic control services for weekend traffic control at 1-15 and Highway 79 South in an amount not to exceed $10,500.00 and authorize the Mayor to sign the amendment. 21 Solidtation of Construction Bids for Traffic Signal and Median Modification at Rancho Califomia Road and Town Center Ddve - Project No. PW99-09 RECOMMENDATION: 21.1 Approve the Project Plans and Specifications and authorize the Department of Public Works to solicit bids for the modification of the traffic signal and median islands at the intersection of Rancho California Road and Town Center Ddve - Project No. PW99-09. 22 Award of Construction Contract for the Street Name Sign Replacement - Project No. PW98-18 RECOMMENDATION: 22.1 Award construction contract for the Street Name Sign Replacement - Project No. PW98-18 - J. K. Weigle Engineering Contract in the amount of $40,611.16 and authorize the Mayor to execute the contract; 22.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $4,061.11 which is equal to 10% of the contract amount. 23 Second Reading of Ordinance No. 99-12 RECOMMENDATION: 23.1 Adopt an ordinance entitled: ORDINANCE NO. 99-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OLD TOWN SPECIFIC PLAN TO MODIFY THE PARKING STANDARDS IN THE CORE OF OLD TOWN TEMECULA (PLANNING APPLICATION NO. PA99-0160) Mayor Pro Tem Stone abstained with regard to this item. R:Wlinutes~071399 9 MOTION: Coundlman Lindemans moved to approve Consent Calendar Item Nos. 1-5, 7-9, 11-18, and 20-23. The motion was seconded by Mayor Pro Tern Stone and voice vote reflected approval with the exception of Mayor Pro Tern Stone who abstained with regard to Item No. 23. Items considered under separate discussion 6 1998-99 Community Service Fundin~3 Program Special Distribution RECOMMENDATION: 6.1 Review and approve the 1998-99 Community Service Funding Program application request from the Education Foundation in the amount of $12,000 to fund the Chapanal High School stadium lighting. Due to the recent statement revealing the current status of the amount of funds currently raised for this particular project at $87,598.28 (per supplemental agenda material), Councilman Comerchero recommended that the City Coundl amend the amount of funding for the Chaparral High School stadium lighting to the amount of $12,401.72 in order to aid in the goal to raise $100,000. MOTION: Mayor Pro Tem Stone moved to approve staff recommendation, amending the amount of funding to be $12,401.72. Councilman Lindemans seconded the motion and voice vote reflected unanimous approval. 10 Street Name - Nada Lane RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 99-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING A PORTION OF NORTH GENERAL KEARNY TO THE STREET NAME NADA LN Relaying that this issue was brought forward to the City Council via a request from the Meadowview Homeowners Association, Chief Building Official Elmo presented the staff report (of record); spadried the location of the disjointed road section proposed to be renamed to Nada Lane; for Councilman Comerchero, advised that due to the property lines' proximity to the right-of-way, there would not be future housing on this particular street; and for Councilman Roberts, noted that the suggested street names were relayed from the Association. Mr. Andrew Ronie, 40575 La Colina, relayed the desire of the community to change the name of the street; and for Councilman Lindemans, confirmed that nada means nothing, noting that the street connects to nothing. R:~,Ainute~%071399 Mr. Bob Johnston, 29760 Valle Verde, reiterated the desire of the community to change the name of the street. MOTION: Coundlman Lindemans moved to approve staff recommendation to change the street name to Nada Lane. Mayor Pro Tern Stone seconded the motion. Coundlman Roberts indicated that the wording of the assodated Resolution should be corrected to reflect Nada Lane in lieu of Nada Ln. Voice vote was taken reflecting unanimous approval. 19 Pechancia Band of Mission Indians Pre-Excavation A~areement- Pala Road Bdd;e Improvement - Project No. PW97-15 RECOMMENDATION: 19.1 Approve the agreement with the Ternecula Band of Luiseno Mission Indians of the Pechanga Indian Reservation (Pechanga Band) for the cost to monitor grading operations in conjunction with the construction of the Pala Road Bddge - Project No. PVV97-15 - and authorize the Mayor to execute the agreement. Acting Director of Public Works Hughes provided a bdef overview of the staff report (via agenda material.) Ms. Laura Miranda, attomey representing the Pechanga Band, relayed further information regarding the submittal, spedfying the rationale for the proposed agreement; recommended that with respect to the signature page, that the second signature line on the proposal be deleted; and with respect to Addendure 1, denoted on page 4 of the Agreement (of record) relayed that the indicated pre-grading conference referenced in paragraph 1 would not be necessary, recommending that it be stricken; with respect to page 4, paragraph 3, recommended modifying the language, as follows: the phrase: designated in the attached map, labeled Exhibit A be revised to correctly reflect: designated in the attached work schedule, labeled Appendix A; and with respect to page 4, the last paragraph, relayed that the term Monitors should be replaced with the term Lead Monitors, and that the term Monitor Trainees be replaced with the term Monitors. Mr. Ben Masiel, representing the Pechanga Cultural Resources Committee, was available for questions from the Council. MOTION: Coundlman Lindemans moved to approve the Agreement, as modified. Mayor Pro Tem Stone seconded the motion and voice vote reflected unanimous approval. At 7:40 P. M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:45 P.M., the City Council resumed with regularly scheduled City Coundl business. R:M~Ainutes%071399 11 PUBLIC HEARING 24 An Appeal of the Planning Commission's Derision to Recommend Approval to the City Coundl for PA98-0511. a Zoning Amendment to create a Planned Development Ovedav. and the Planning Comrnission's approval of PA98-0512. a proposal to develop a 244-unit senior apartment complex with two- and three-story buildings on an 8.13 acre lot RECOMMENDATION: 24.1 Continue to the July 27, 1999, City Council meeting. MOTION: Mayor Pro Tem Stone moved to open the public heating; and to continue the matter to the City Council meeting of July 27, 1999. Councilman Lindemans seconded the motion and voice vote reflected unanimous approval. 25 Planning Application No. PA97-0446 (Zoning Amendment, Map ChanGe) RECOMMENDATION: 25.1 Adopt the Mitigated Negative Declaration for Planning Application No. PA97- 0448; 25.2 Adopt the Mitigation Monitoring Program for Planning Application No. PA97- 0448; 25.3 Introduce and mad by title only an ordinance entitled: ORDINANCE NO. 99-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA97-0~.~S (ZONING AMENDMENT, MAP CHANGE) AMENDING THE CITY'S ZONING MAP, CHANGING THE ZONING OF 1.07 NET ACRES FROM LOW DENSITY RESIDENTIAL L1 (1 ACRE TO 2.5 ACRE NET LOT SIZE) TO LOW DENSITY RESIDENTIAL L2 (112 ACRE TO I ACRE NET LOT SIZE), ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF ESTERO STREET AND ORMSBY ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 945-070-011 Mayor Pro Tem Stone advised that he would be abstaining with regard to this Agenda Item, and therefore left the dais. By way of overhead maps, Deputy City Manager Thomhill provided an overview of the staff report (via agenda material); relayed that guidelines had been developed for this particular area for permitted subdivision in the base zoning; relayed the Planning Commission's approval of the lot split subdivision at the May 19, 1999 Planning R:~linutes~071399 12 Commission meeting, conditioned by City Coundl approval of the rezoning; specif'md the community concorn with respect to the proposal (of record); for Coundlman Robeds, provided additional information regarding the septic systems approved by the Environmental Health Department; and relayed that if it were the desire of the Courtall, staff would investigate hook-up connections to the existing sewer system for future projects in this particular area, relaying the restrictions related to the issue. While acknowledging that this particular project has met the specified cdteda, Coundlman Comerchero queded the potential for the adjacent properties to be subdivided at a future point in time. For Coundlman Comerchero, Deputy City Manager Thomhill relayed that currently there are no proposals to subdivide property in the area of discussion, providing additional information with respect to the property parcels in the area. At this time, Mayor Ford opened the public headng. Mr. Larry Markham, representing the applicant, for Coundlman Roberts, provided additional information regarding the location and status of the sewer line; and for Coundlman Comerchero, provided additional information regarding the adjacent properties, and the potential for density modifications. For the record, City Attorney Thorson relayed Mayor Pro Tem Stone's dght to speak with respect to the affect of this proposal to his own personal property or business, referendng the criteda developed within the Political Reform Act. Mr. Jeffrey E. Stone, 30952 Code De Los Santos, relayed the odginal intent of the Specific Plan to maintain larger parcels in this pafficular area; noted that property values would be jeopardized by the proposed subdivided lot sizes; and relayed concam with respect to seffing a precedent for future application for subdivisions in the area. In response to Mr. Stone's comments, Mr. Markham dadfled the zoning in the area, and the consistency thereof within this particular proposal; relayed the quality of the proposed project; and noted that it was his opinion that the property values would not be negatively affected with respect to this particular project. Mayor Ford dosed the public headng. For Councilman Comerchero, City Attomey Thorson dadfled the purview of the Council, noting that approval or denial of this particular project was within the discretion of the Council. For Councilman Roberts, Mr. Ron Guerdero, Chairman of the Planning Commission, confirmed that the Planning Commission approved the matter of discussion by a vote of 4 approvals, noting 1 abstention. MOTION: Councilman Lindemans moved to approve staff recommendation. Mayor Ford seconded the motion. Mayor Ford provided additional information regarding the area and the associated topography. R:tJ~Ainutes%071399 13 Relaying that he had visited the site, Councilman Comerchero advised that this particular project would not have a negative affect regarding property values with respect to the adjacent properties. For the record City Attomey Thorson introduced and reed by title only Ordinance No. 99- 18. At this time voice vote was taken reflecting approval with the exception of Mayor Pro Tem Stone who abstained. At 8:14 P.M. a short recess was taken, and the meeting reconvened at 8:22 P.M. 26 Planning3 ADOlicetiOn No. PA99-0104 {'Amendment No. 1 to Specific Plan No. 263) RECOMMENDATION: 26.1 Adopt a resolution entitled: ORDINANCE NO. 99-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING PLANNING APPLICATION NO. PA99-0104, AMENDMENT NO. I TO THE SPECIFIC PLAN NO. 263 (THE TEMECULA REGIONAL CENTER), AMENDING SECTION IV.E.4., TO ALLOW A 21 FOOT HIGH ENTERTAINMENT MARQUEE, ON THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER ROAD AND YNEZ ROAD AND KNOWN AS ASSESSOR'S PARCEL NOS. 910-130-052 -053 AND -054. Via overheads, Deputy City Manager Thornhill presented the staff report, noting the applicant's rationale for the request, specifically due to the Iocetlon of the cinema at the rear of the mall site; relayed the Planning Commission's denial of the request due to the following: the reluctance to amend the Specific Plan, the potential for traffic hazard, and pdmadly due to the height of the proposed marquis; for Mayor Pro Tern Stone, noted the City's general intent to reduce the height of signage; specified that the developer requirements (specifically the base and mall logo) would encompass approximately 9.5 feet of the signage; and for Councilman Robarts, spedfled the location of the proposed marquis signage and the associated landscaping. For Mayor Pro Tem Stone, Mr. Ron Guerdero, Chairman of the Planning Commission, relayed that the Commission was aware of the specified developer requirements of the signage, spedtic, ally with respect to the base and the mall logo when the decision to deny the proposal was made. Concurring with Mayor Pro Tem Stone's comments regarding the applicant's mandated developer requirements, Councilman Comerchero noted that previous discussions revealed that the applicant would be willing to reduce the showcase to display five or six R:MMinutes~071399 14 movie entities; and queded whether Forest City would be willing to modify the developer mandated requirements. Due to the vast investment of the mall and the positive impact upon the community, Coundlman Lindemans relayed concurrence with the desire of the developer to display the mall logo, and the desire of the applicant to display the marquis, as proposed; and relayed his support of the proposed marquis, as presented. Initially, Councilman Roberts relayed his concam with respect to the sign potentially creating a safety hazard. Mr. Michael Grey, representing the applicant, further spedfied the constraints of developing signage consistent with the permitted height specifications within Specific Plan in light of the mandated developer requirements to maintain the base design and the mall logo. Mr. Steve Schafenacker, representing the developer of the mall site, specified the odginal approved signage plan to install five major signs at the mall site; noted that with this particular proposed sign, the site would maintain less total square footage of signage than the Specific Plan allows; relayed the additional design enhancement of the signage; presented the design of the altemate entry signage, similar in design and inclusive of the mall logo; and recommended approval of this particular signage, as proposed. In response to Councilman Comerchero's querying. Mr. Schafenacker relayed the he would be agreeable to redudng the developer specified requirements by two feet (i.e., the base and mall logo.) For Councilman Comerchero, Mr. Grey relayed that the applicant would be agreeable to reduce the showcase to display solely five movie titles. MOTION: Councilman Comerchero moved to approve the signage as modified. Mayor Pro Tem Stone seconded the motion. {This motion was withdrawn.) Ms. Patdda Hall, 27483 Lark Court, relayed her attendance at the May 19, 1999 Planning Commission meeting; advised that movie title information could be obtained via the newspaper or the telephone; noted the three alternate Edwards Cinema signage at the mall site; and requested that the Council deny the proposed signage. For Mayor Pro Tern Stone, Mr. Schafenacker provided cladficetlon as to the rationale of the location of this particular signage; and relayed that he was of the opinion that the particular sign would not be a traffic hazard. For Mayor Pro Tern Stone, Acting Director of Public Works Hughes relayed that the sign would not be an obstruction with respect to traffic at this particular site location. Councilman Lindemans reiterated his complete support of the proposed project. For Mayor Ford, Mr. Schafenacker specified the location of the signage on the site, noting the reduction in overall signage with respect to the number and size originally proposed. R:~Minutes~071399 ! 5 For Mayor Ford, Councilman Comerchero noted the specifications of the previously discussed revision to the signage, as follows: to approve a marquis sign with a total height of fifteen feet, specifying the reduction of the size of the mall logo and the base design of the marquis. Due to additional Council discussion and clarification with respect to liability issues, Councilman Roberts expressed his support of the marquis signage, as revised. MOTION: Councilman Comerchero moved to amend the Specific Plan, approving a fifteen-foot (15') marquis sign. Mayor Pro Tem Stone seconded the motion. (This motion was ultimately amended.) City Attomey Thorson provided clarification with respect to the associated Resolution and Ordinance. Mr. Grey relayed confusion with respect to the dimensions of the proposed revised signage; relayed that the proposed revision would not have provision for the representation of the Edwards Cinema logo; and it was noted that the six-inch spaca between theater titles on the signage was not calculated into the overall dimensions. Additional Council discussion ensued. MOTION: Councilman Comerchero moved to approve the marquis sign at a height of twenty-one (21) feet. Mayor Pro Tem Stone seconded the motion. The owners representative relayed agreement to the proposed revised signage displaying five movie titles. Mayor Ford closed the public headng. City Attomey Thorson introduced and read the revised Ordinance into the record, specifying the modified text of the penultimate sentence to read, as follows: freestanding theater marquis signs cannot exceed a maximum of twenty. one (21) feet in height;, and recommended deletion of Sections 2 and 3 of the Ordinance. At this time, voice vote was taken reflecting unanimous approval. 27 Second Reading3 of Ordinance No. 99-14 RECOMMENDATION: 27.1 Adopt an ordinance entitled: ORDINANCE NO. 99-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING CHAPTER 15.16 OF THE TEMECULA MUNICIPAL CODE BY ADOPTING BY REFERENCE THE CALIFORNIA FIRE CODE VOLUME 1, CCR TITLE 24 PART 9, 1998 EDITION, AND THE UNIFORM FIRE CODE STANDARDS VOLUME 2, 1997 EDITION R:%Minutes~071399 16 MOTION: Councilman Lindemans moved to adopt staft recommendation, regarding Ordinance No. 99-14. The motion was seconded by Coundlman Roberrs and voice vote reflected unanimous approval. 28 Second Readinc~ of Ordinance No. 99-16 RECOMMENDATION: 28.1 Adopt an ordinance entitled: ORDINANCE NO. 99-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA~ AMENDING CHAPTER 15.04 OF THE TEMECULA MUNICIPAL CODE TO ADOPT BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 1998 EDITION OF THE CALIFORNIA BUILDING CODE; THE 1998 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE 1998 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 1997 EDITION OF THE UNIFORM ADMINISTRATIVE CODE; THE 1997 EDITION OF THE UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS; THE 1997 EDITION OF THE UNIFORM HOUSING CODE; AND THE 1998 EDITION OF THE CALIFORNIA ELECTRICAL CODE MOTION: Councilman Lindemans moved to adopt staff recommendation, regarding Ordinance No. 99-16. The motion was seconded by Mayor Pro Tern Stone and voice vote reflected unanimous approval. COUNCIL BUSINESS 29 Adoption of the FY 2000-04 Capital Improvement Program RECOMMENDATION: 29.1 Adopt a resolution entitled: RESOLUTION NO. 99-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FOR FY 2000-04 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 1999-00 By way of overheads, Acting City Manager Nelson presented the City's CIP plan, highlighting the goal, the funding, the process of development, and the number one R:~Minutes'O71399 pdodty to address traffic drculation; specified the revenue sources of the program; noted that funding sources have been identirmd for the first two years of the five-year Plan, relaying that seventy-one percent (71%) of the funded projects are dedicated to traffic improvements; reviewed, in detail, the major projects proposed within the CIP; and commended the Department heads, and specifically, Director of Finance Roberrs, and Senior Management Analyst Papagolos for their excellent efforts with respect to this document. For Mayor Pro Tem Stone, Acting City Manager Nelson confirmed that the CIP Plan could be repdodtized at a future point in time as additional information is obtained via the studies assodated with the projects; and relayed that due to the Council's request, the CIP could be reviewed in six months. Recommending that the CIP be reviewed pdor to the six-month pedod, Councilman Lindemans relayed concern with respect to the situs of the City's Reserve fund, referendng his letter pdnted in The C, alifomian, denoting his comments; noted the City's purchase of a 32-acre parcel of land in 1992 for approximately $3,500,000, and the subsequent City Coundl action to sell the aforementioned land to the Redevelopment Agency (RDA) (for the development of low-cost housing) in 1994, recuperating the monies in the General Fund; specified the reduction in the property value of the parcel; relayed that there is a shod-term opportunity for the City to utilize the supply of 500,000 cubic yards of dirt at a cost of $860,000 in lieu of the imported pdce of $2,000,000; recommended that the Council address at this time the lowered property value and the potential for loss if the land were sold; for the record, discharged his responsibility if the Council opts to not address this particular issue at this point in time, having submitted his article for the record denoting his comments; and requested that the Councilmembers read the aforementioned article. Commending Councilman Lindemans on his research, Mayor Pro Tem Stone relayed his opposition to Mr. Lindemans' comments; specified the alternate City projects providing beneficial assets to the City; noted that there has been no real loss with respect to the property value of the parcel since the proparty has not been sold, relaying the potential for the City to keep the property until the value dses; and noted his opinion that the past referenced City Council actions provided essential improvements and assets to the community via the necessary funding elements. W~h respect to the Pala Road Improvements Project (Phase II), Councilman Roberts relayed his previous recommendation to revise the pdodty category to a Pdodty I due to the Pala Bddge Project and the assodated impact; and as a result of recent discussions, presented the request by the Pechanga Band to have the City Council approve the Pala Road Improvements be constructed on a fast-track schedule, noting that with the aforementioned proposal the Pechanga Band would fund $2,000,000 for the project, which is fifty-percent (50%) of the total cost of the project. Regarding Councilman Robert's presentation of the Pechanga proposal, Acting Director of Public Works Hughes queded the specific time frame intended by the fast-track schedule; and queded the source of the proposed funding. In response to Acting Director of Public Works Hughes, Councilman Roberts relayed that he would obtain further specification regarding the source of funding. R:~Mlnutes%071399 18 Mayor Pro Tem Stone recommended pursuing the aforementioned proposal, noting the need to investigate the total cost of the project inclusive of administrative and design costs. Mayor Ford relayed for the record that he would be abstaining with respect to the Pala Road issue. MOTION: Councilman Lindemans moved to approve the Capital Improvement Program. Councilman Roberrs seconded the motion. Mayor Ford provided additional clarification with respect to Councilman Lindemans' previously mentioned comments regarding the parcel of land purchased by the City; and recommended that the City pursue grading the property at this time due to the reduced cost presented by Councilman Lindemans. City Attomey Thorson relayed that Resolution No. 99-72 should reflect Mayor Ford's abstention with respect to the Pala Road Project (Phase II). At this time voice vote was taken reflecting unanimous approval with the exception of Mayor Ford who abstained with respect to the Pala Road Project. 30 Sta~caered Work Hours RECOMMENDATION: 30.1 Receive and file. Commending the Traffic Subcommittee's efforts with respect to their assistance in the preparation of the Staggered Work Study, Acting Director of Public Works Hughes introduced Ms. Maryann Edwards (Commissioner on the Public/Traffic Safety Commission), who would present the results of the study. Relaying the previous request of the City Council for the completion of the study, by way of colored graphics, Ms. Edwards presented the data collected regarding the Staggered Work Hours Study, encompassing the measurement of the top 31 companies' shift schedules (per agenda material); relayed that the analysis revealed that the peak traffic is most likely impacted pdmadly be commuters (community members leaving the City in the AM peak hours and returning dudng the PM peak pedod); noted that seventy-seven percent (77%) of the major area employers are presently implementing staggered shift hours; relayed that at the 3:00 P.M. peak traffic pedod, solely 1,112 motorists are impacting the City's major intersections from companies within the area; and due to the results of the study recommended that there is no need to implement staggered work hour shifts with respect to companies in the Temecula area. Commending the companies in the area, Councilman Roberts relayed the remarkable improvement over the last seven years associated with staggered work hours currently being implemented; and commended the Subcommittee for its efforts associated with the thorough study. R:~Minutes%071399 19 Acting Director of Public Works Hughes provided additional clarification regarding the data; relayed that the information was collected from businesses maintaining 50 or more employees; and advised that at a future point in time, as development increases, the City Council may want to revisit this issue. MOTION: Councilman Lindemans moved to receive and file the report. Coundlman Roberts seconded the motion. Mayor Pro Tem Stone applauded the Public/Traffic Safety Commission regarding its efforts assodated with the Study, and the companies in the area with respact to the results of the data revealing the implementation of staggered work hours. At this time voice vote was taken reflecting unanimous approval. CITY MANAGER'S REPORT Thanking the City Council for its support of the CIP, Acting City Manager Nelson relayed the vast benefits to the community associated with the Program. CITY ATTORNEY'S REPORT City Attomey Thorson advised that there were no reportable actions with respect to the Closed Session under the Brown Act. Referencing the City Council motion at the June 22, 1999 meeting, adopting the offidal moratorium on the wireless telecommunication radiities, City Attorney Thorson relayed that at the July 27, 1999 City Coundl meeting there will be a headng and an extension for the aforementioned moratorium Ordinance. ADJOURNMENT At 9:55 P.M., Mayor Ford formally adjourned the City Coundl meetin to Tuesday, July 27, 1999, 7:00 P.M., City Council Chambers, 43200 Business P e, Temecula, California. ayor ATTEST: Jones, I [SEAL] R:%Minutes~071399 20