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HomeMy WebLinkAbout032503 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MARCH 25, 2003 After the Closed Session that convened at 6:00 P.M., the City Council convened in Open Session at 7:00 P.M., on Tuesday, March 25, 2003, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Absent: PRELUDE MUSIC Councilmembers: Comerchero, Naggar, Pratt, Roberts, Stone Councilmember: None The prelude music was provided by Eve Craig with City Clerk Jones singing This is my Country, God Bless America, and the National Anthem. Mayor Stone called for a moment of silence in remembrance of those individuals having given and giving their lifes for the freedom of this country. INVOCATION The invocation was given by Pastor Ron Alsobrooks of New Covenant Fellowship Center. ALLEGIANCE The flag ceremony was presented by Councilman Roberts. PRESENTATION/PROCLAMATIONS Presentation by Mr. Dick Kennedy In Mr. Kennedy's absence, Mayor Stone advised of the generous donation of five Global Electric Motor (GEM) vehicles to the City by Mr. Kennedy. Mayor Pro Tem Naggar noted that these donated vehicles will be utilized by the Citizen Corps Program and that these vehicles are street legal. By way of pictures, Mr. Naggar further commented on this alternate mode of transportation; commented on the various functions of these vehicles (park and ride, tourism, etc.); and extended his appreciation to Norm Reeves for its generous donation. National Child Abuse Prevention Month Mayor Stone presented the proclamation to Ms. Opal Helwig, Legislative Assistant to Supervisor Venable, who, in turn, introduced Mr. Bob Brunson, Executive Director of Prevent Child Abuse in Riverside County, who further elaborated on this program. PUBLIC COMMENTS No public comments. R:\Minutes\032503 1 CITY COUNCIL REPORTS A. Councilman Pratt advised that his Community Forums will begin April 26, 2003, and that they will be held at one of the public parks. B. Mayor Pro Tem Naggar introduced cast members of the upcoming Annie production who, in turn, provided a short presentation. Mr. Naggar advised that the production will be April 3 - 6, 2003, and that it will be at Temescal High School. C. Apprising the City Council of a different form of remembrance, Councilman Comerchero shared that at a recent meeting he had attended, those in attendance chose to stand up and cheer those individuals fighting for this Nation's freedom versus holding a moment of silence. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Resolution Approvinq List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 03-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 Award of Contract for Storaqe Area Network (SAN) and Data Backup Tape Library RECOMMENDATION: 3.1 Award a contract to Nth Generation Computing, Inc. in the amount of $108,360 for purchase and installation of a HP Storage Area Network (SAN) with a robotically controlled Data Backup Library. 3.2 Approve a 10% contingency not to exceed $10,836.00 for the SAN/Data Backup Tape Library project. 4 Sponsorship Request for the Temecula Valley International Film & Music Festival RECOMMENDATION: 4.1 Approve the funding request of $30,000 for the Temecula Valley International Film & Music Festival; R:\Minutes\032503 2 4.2 Approve the event advertising agreeme'nt with the Temecula Valley International Film & Music Festival and authorize the Mayor to execute the agreement. 5 6 Riverside County Habitat Conservation Aqency Joint Powers Agreement Amendment No. 7 RECOMMENDATION: 5.1 Approve the seventh amendment to the Joint Powers Agreement creating the Riverside County Habitat Conservation Agency. Approval of the Plans and Specifications and authorization to solicit Construction Bids for Rancho California Road Bridqe Widening over Murrieta Creek - Project No. PW99-18 RECOMMENDATION: 6.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for Rancho California Road Bridge Widening over Murrieta Creek - Project No. PW99-18. (Councilman Pratt voted in opposition of this item.) 7 Wolf Valley Middle School Offsite Street Improvements, Tentative Tract Map No. 29035-1 (located south of Loma Linda Road, east of Pechanqa Parkway, north of Wolf Valley Road, west of Via Del Coronado and within the Wolf Creek Specific Plan) RECOMMENDATION: 7.1 Approve the Developer Improvement Agreement by Temecula Valley Unified School District for Wolf Valley Middle School offsite street improvements; 7.2 Accept the Faithful Performance Bond as security for offsite street improvements on Loma Linda Road and Via Del Coronado; 7.3 Accept the Labor and Materials Bond as security to provide contractors a source for their claims. Temecula Vallev- La Serena Way Storm Drain, Staqe 3, Project No. 7-0-0315, Temecula Valley - Chardonnay Basin Proiect No. 7-0-0314 Tract Map No. 23101-6 - Cooperative Aqreement RECOMMENDATION: 8.1 Approve Temecula Valley - La Serena Way Storm Drain, Stage 3, Project No. 07-0- 0315, Temecula Valley- Chardonnay Basin Project No. 7-0-0314 Tract Map No. 23101-6 - Cooperative Agreement with the Riverside County Flood Control and Water Conservation District, the City of Temecula, and Lennar Land Partners II; 8.2 Accept the Faithful Performance Bond in the amount of $18,235; 8.3 Authorize the execution of such agreement in its final form by the Mayor, City Attorney, and City Clerk. R:\Minutes\032503 3 9 Acceptance of an Easement Deed for Drainaqe Purposes within Parcel No. 4 of Parcel Map No. 9783 accommodatinq the Meadowview Equestrian Trail RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 03-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN EASEMENT DEED FOR DRAINAGE PURPOSES WITHIN PARCEL NO. 4 OF PARCEL MAP NO. 9783 ACCOMMODATING THE MEADOWVlEW EQUESTRIAN TRAIL (Mayor Stone and Councilman Roberts abstained with regard to this item.) 10 Professional Services Aqreement for Geotechnical, Material Testinq Services, and Special Inspection - Twininq Laboratories of Southern California, Inc. Pechanqa Parkway Sound Wall Improvements, Proiect No. PW99-11SW RECOMMENDATION: 10.1 Approve an agreement with Twining Laboratories of Southern California, Inc. in an amount not to exceed $149,029.00 to provide as needed geotechnical, material testing services, and special inspection for the Pechanga Parkway Sound Wall improvements, Project No. PW99-11SW, and authorize the Mayor to execute the agreement; 10.2 Authorize the City Manager to approve amendments to the agreement not to exceed the contingency amount of $14,902.90, which is equal to 10% of the agreement amount. 10.3 Authorize the advance of $320,000.00 from the General Fund, which will be reimbursed from Community Facilities District 01-3 Bond proceeds, to fully fund the construction engineering and project administration of the Pechanga Parkway Improvements. 11 Murrieta Creek Multi-Purpose Trail, Proiect No. PW01-27, Profess ona Services A.qreement for Desiqn - Kimley-Horn and Associates1 Inc. RECOMMENDATION: 11.1 Approve an agreement with Kimley-Horn and Associates, Inc. in an amount not to exceed $232,380 to provide design services for the Murrieta Creek Multi-purpose Trail, Project No. PW01-27, and authorize the Mayor to execute the agreement; 11.2 Authorize the City Manager to approve amendments not to exceed the contingency amount of $11,619 which is equal to 5% of the agreement amount. R:\Minutes\032503 4 12 Solicitation of Construction Bids and Approval of the Plans and Specifications for Proiect No. PW03-02, FY 2002-03 - Slurry Seal Proiect RECOMMENDATION: 12.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for Project No. PW03-02, FY 2002-03, Slurry Seal Project. 13 Reduction in Development Impact Fees (Traffic Component) RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 03-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REDUCING ,THE TRAFFIC COMPONENT OF THE CITY'S DEVELOPMENT IMPACT FEES FOR RESIDENTIAL DEVELOPMENT MOTION: Mayor Pro Tem Naggar moved to approve Consent Calendar Item Nos. 1-13. The motion was seconded by Councilman Comemhero and voice vote reflected approval with the exception of Mayor Stone and Councilman Robeds who abstained with regard to Item No. 9 and Councilman Pratt who opposed Item No. 6. At 7:31 P M., the City Council convened as the Temecula Community Services District, the Temecula Redevelopment Agency, and the Temecula Public Financing Authority, the City Council meeting, after a short recess, resumed with regular business at 8:17 P.M. PUBLIC HEARING 14 Appeal of the PlanninR Commission's decision to deny Planninq Application No. 02-0567, a request for a findinq of Public Convenience or Necessity and a Minor Conditional Use Permit to operate a ni.qhtclub to include a type 48 liquor license, live music, dancinq, and other entertainment uses as outlined in the submitted statement of operations in a 4,860 square foot existinq buildinq located at 28822 Old Town Front Street, Unit No. 203 - The Ed,qe Nightclub RECOMMENDATION: 14.1 Adopt a Notice of Exemption for Planning Application No. 02-0567 (Public Convenience or Necessity and Minor Conditional Use Permit) per the California Environmental Quality Act, Section 15270 (Projects which are disapproved); 14.2 Adopt are resolution entitled: R:\Minutes\032503 5 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY PLANNING APPLICATION NO. 02-0567, A REQUEST FOR A FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR A TYPE 48 LIQUOR LICENSE (ON-SALE GENERAL-PUBLIC PREMISES) FOR THE EDGE NIGHTCLUB LOCATED AT 28822 OLD TOWN FRONT STREET, UNIT NO. 203, KNOWN AS ASSESSOR'S PARCEL NO. APN 922-093-003 14.3 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY PLANNING APPLICATION NO. 02-0567, A MINOR CONDITIONAL USE PERMIT TO OPERATE A NIGHTCLUB TO INCLUDE TYPE 48 LIQUOR LICENSE (ON-SALE GENERAL-PUBLIC PREMISES), LIVE MUSIC, DANCING, AND OTHER ENTERTAINMENT USES IN AN EXISTING 4,860 SQUARE FOOT BUILDING LOCATED AT 28822 OLD TOWN FRONT STREET, UNIT NO. 203, KNOWN AS ASSESSOR'S PARCEL NO. APN 922-093-003 Planning Director Ubnoske reviewed the staff report (as per agenda material), noting the following: · That on January 29, 2003, the Planning Commission had denied this application · That the Commission was unable to make the necessary findings of public convenience or necessity needed for the applicant sell alcohol · That the Commission's decision was based on the over concentration of on-sale alcohol licenses within this census tract - 46 licenses existing - 3 permitted · That the Conditional Use Permit (CUP) was denied based on insufficient parking and its close proximity (within 500') of two churches · That subsequent to the Commission's denial, the applicant filed an appeal; that the applicant's appeal was based on the following reasons: o Lack of notification of either church use It was noted by staff that the applicant is not the property owner in Old Town and, therefore, was not notified but advised that the property owner was notified; o Lack of notification of the lapse of the prior Minor CUP It was noted by staff that it would not be staff's responsibility to notify the applicant of approval timelines; R:\Minutes\032503 6 o Existing Billiard Hall located within close proximity of the church uses It was noted that the Billiard Hall was approved prior to any church uses being approved; o Parking concerns were never previously expressed It was noted by staff that parking calculations are based on individual use - individual floor plan and square footage of the different types of businesses. Mrs. Hannah noted that without off-street parking, the subject site provides 120 parking spaces but that staff is requesting 140 parking spaces; noted that both neighboring buildings have consented to the utilization of parking spaces if named as additionally insured and if security were on the premises. In closing, Planning Director Ubnoske reiterated the recommendation to deny the appeal and to uphold the Planning Commission's denial of the project. For Mayor Pro Tem Naggar, City Attorney Thorson advised that State law sets the number of permitted liquor permits and any in excess of those permitted are prohibited unless the necessary findings for convenience or necessity are made; noted that because of the existing church uses, the applicant would be required to obtain a variance; and stated that with regard to the Billiard hall being present prior to the approved church uses, if that use were to cease, the new applicant would be required to apply for a new CUP. Councilman Pratt suggested that a policy be explored whereby church uses be restricted to certain locations in an effort to limit the conflict between uses. Although the close proximity of the church uses is an issue of concern, City Attorney Thorson noted that parking is an issue of concern as well. For Councilman Roberts, Mr. Thorson advised that the applicant has not sued the City but that the City has received a claim from the applicant. At this time, Mayor Stone opened the public hearing. Addressing the appeal, Mrs. Alison Hannah, owner of the Edge Nightclub, noted the following: · That when a CUP is about to or has expired, a hearing must be held to determine whether the CUP should expire City Attorney Thorson noted that the original CUP was voluntarily terminated by the party holding it at the time; That she had assumed a valid CUP in 2000; that renovations have been made to the structure and that all necessary City permits were paid for and filed; that on May 17, 2002, she was advised that the CUP had expired; that in June of 2002, she had filed for another CUP prior to the church uses being approved and was told that no CUP was necessary for her to operate her business; that she withdrew the CUP; that the facility opened in August of 2002 at which time she was cited; that in October of 2002, she refiled for another CUP; R:\Minutes\032503 7 It was noted by City Attorney Thorson that the letter dated January 27, 2000, is a faxed coversheet which stated that as long as the conditions are met, the CUP is valid. That she was not aware of the church uses but that the owner was notified · That food is offered on the second floor · That she may not apply for an alcohol license without a CUP It was noted by City Attorney Thorson that the previous CUP holder requested that the Department of Alcohol Beverage Control relinquish his license (referencing the License Action Request). Prior to the City Council making its finat decision, Mrs. Hannah requested that the City Councilmembers view the site of discussion. Having had extensive discussions with Mrs. Hannah regarding the expiration of the CUP, Deputy City Manager Thornhill noted that had the CUP application and its associated fees been paid and filed in a timely manner, the church issue would not have been an issue. For Mayor Pro Tern Naggar, Mrs. Hannah relayed the Planning Commission's concerns with regard to the close proximity of this site to the existing churches, findings of convenience or necessity for the alcohol license, and parking. In response to Councilman Pratt, Mrs. Hannah advised that since the lapse of the CUP in 2002, she has paid and has received four temporary permits allowing her to hold private banquets at the site of discussion, noting that she would not need to obtain a CUP to function as a banquet facility. In an effort to address all issues, Councilman Roberts recommended a continuance to the April 22, 2003, City Council meeting, noting that all existing uses may not necessarily conflict with each other. Prior to the approval of the church uses, Deputy City Manager Thornhill advised that Planning Department staff were recommending approval of the request but that the submittal delay resulted in the churches being approved. Not supporting the suggestion of the City Councilmembers visiting the site of discussion, City Attorney Thorson spoke in support of a continuance and encouraged the applicant to provide photographs to the City Councilmembers. Concurring with a continuance, Councilman Comerchero requested that for the next meeting, staff clarify whether there was an existing, valid CUP. As well concurring with a continuance, Mayor Pro Tern Naggar requested that staff receive information from the Police Department with regard to this site; that the exact distance of the churches be clarified; and that the operating hours of the churches as well as the applicants' business hours be provided. MOTION: Councilman Pratt moved to continue this public hearing to the meeting of April 22, 2003. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. R:\Minutes\032503 8 COUNCIL BUSINESS 15 Status Report on the Riverside County General Plan Update RECOMMENDATION: 15.1 Receive and file. Deputy City Manager Thornhill provided a brief overview of the County General Plan, commenting on the letters sent to the County reflecting the City's concerns with regard to land use and circulation. Principal Planner Brown presented an update of the Riverside County General Plan process, highlighting the City's issues of concern, noting the following: · Rural Separators · Community Centers · Fifth Foundation Element - 14 square miles of land - possible conversion to 1,5 acre lots · Vision Plan · Certainty System Additional discussion ensued with Principal Planner Brown commenting on the following: · Downsizing specific horse country · Traffic study- increase in dwelling units; CEQA requirements; identify traffic impacts to apply feasible mitigation measures · Upzones Mayor Stone requested that staff estimate as to how many additional units throughout the Southwest Riverside County could be developed as a result of the amended General Plan and as well estimate the Development Impact Fee/Transportation Uniform Mitigation Fee/Measure A fees associated with the needed infrastructure in order to determine the potential deficit. In closing, Mr. Stone commended Principal Planner Brown on a job well done. Public Works Director Hughes presented an overview of the Circulation Element of the County's General Plan, noting the following: · Traffic analysis o Concerns with the assumptions made to generate forecasted trips o Traffic modeling - dependent on CETAP Corridors being in place o Rates of failures identified on freeways are in the 20% to 50% capacity after the freeways are improved R:\Minutes\032503 9 City insisting that the County provide a performance-based phasing plan so that when developments are approved, infrastructure is concurrently being provided to ensure impacts are mitigated. Viewing this matter as a paramount issue to the City and its future quality of life, Mayor Stone suggested the appointment of a subcommittee, comprised of Mayor Pro Tern Naggar and himself, and requested the approval of $5,000 to expended on community ads to ensure citizen awareness and to promote citizen input at the County level. Supporting Mayor Stone's recommendation, Councilman Comerchero stated that the suggested $5,000 would be insufficient and, therefore, recommended that the City Manager be authorized to prudently expend up to $25,000 toward community ads. Speaking in support of community involvement, Councilman Pratt spoke in support of Mayor Stone's recommendation. MOTION: Councilman Comerchero moved to appoint a subcommittee, comprised of Mayor Stone and Mayor Pro Tem Naggar, and to authorize the City Manager to prudently expend up to $25,000 for community ads that would identify the City's position with respect to the County's General Plan and CETAP. The motion was seconded by Mayor Pro Tern Naggar and voice vote reflected unanimous approval. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT City Manager Nelson informed the City Council and viewing public that staff will be traveling to Sacramento on Thursday, March 27, 2003, in order to hand deliver the City's Library Grant proposal, commending Deputy Community Services Director Ruse and Senior Management Analyst Adams. CITY ATrORNEY'S REPORT With regard to Closed Session, Assistant City Attorney Curley noted that there were no reportable actions to report under the provision of the Brown Act. ADJOURNMENT At 9:41 P.M., the City Council meeting was formally adjourned to Tuesday, April 8, 2003, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: [SEAL] ~,,,~ffrey E.--Stone, Mayor R:\Minutes\032503 10