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HomeMy WebLinkAbout052405 CC Minutes I I I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MAY 24, 2005 The City Council convened in Closed Session at 6:30 P.M., on Tuesday, May 24, 2005, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. The Open Session convened at 7:00 P.M. Present: 5 Council members: Edwards, Naggar, Roberts, Washington, and Comerchero Absent: o Councilmembers: None PRELUDE MUSIC The prelude music was provided by the Arts Council Piano Competition winners. INVOCATION The invocation was given by Councilman Naggar. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Councilwoman Edwards. PRESENT ATIONS/PROCLAMATIONS Certificates of Achievement to Craie Brown and Matthew Duvall for attainina the rank of Eaale Scout This item was continued to the meeting of June 14, 2005. Certificates of Achievement to the Arts Council Piano Competition recipients Mayor Comerchero presented a Certificate of Achievement to Jake McKeon and Councilwoman Edwards presented a Certificate of Achievement to Maxine Imura. Water Awareness Month Proclamation Appreciating the City Council's recognition, both Ms. Donna Powers from Rancho California Water District and Ms. Melanie from Eastern Municipal Water District were in attendance to accept a proclamation for each District and shared some informative water-saving ideas. R:\Minutes\052405 I I I Coachello Vallev Association of Governments (CVAG) Interchanae Enhancement and Landscape Maintenance County Plannina Director Robert Johnson - at the request of Councilman Naggar By way of numerous slides from various cities/states, County Planning Director Johnson commented on various interchange enhancements, landscape maintenance, automobile bridges/crossings/overcrossing, freeway walls, residential walls, elimination of sound walls or creative sound walls, gateways/entryways, signs, and bus stop shelters. Mr. Johnson advised that CVAG approved to provide 1% construction costs for design enhancements and the use of extended Measure funds to pay for on-going maintenance costs for interchange improvements. Impressed with the enhancements he had seen in the slide show, Councilman Naggar thanked Mr. Johnson for the presentation and encouraged City awareness of such enhancements. In response to Mr. Naggar, City Manager Nelson noted that such enhancements could be a part of the design process for any public infrastructure project, advising that the City could include a design component related to enhancing the aesthetics of such projects and suggesting that the City discuss the matter with Western Riverside County of Governments from a regional perspective. In light of Councilman Naggar's suggestion to agendize this matter, Mayor Comerchero recommended the formation of a Council Committee to discuss this particular item as well as public art in general. Councilman Washington thanked Mr. Johnson on his presentation. Mr. Washington recommended to engage the Community Services Commission in the awareness process. PUBLIC COMMENTS A. Addressing the Mercantile Building, Mr. Darell Farnbach, Temecula, commented on its historical recognition and expressed his dismay with the gutting of the interior of this building as well as the destruction of the fayade and requested assurance that other historical resources be protected from destruction and noted that a Commission should oversee these historical resources to ensure their preservation. Noting that the City Council is aware of the events of the Mercantile Building, Mayor Comerchero advised that Director of Housing and Redevelopment Meyer will be meeting with the Historical Society and other interested parties on June 3, 2005. B. Ms. Bonnie Reed, Temecula, expressed her disappointment at the loss of a great community treasure (Mercantile Building) and commented on the need to preserve this and other historical sites. C. Ms. Pam Grender, Temecula, relayed her regret that not more thought was given to the restoration of the Mercantile Building; encouraged coordination efforts with the Old Town Local Review Board with regard to these historical sites; and requested the original restoration of this building. R:\Minutes\052405 2 I I I D. Commenting on the restoration of the Shire Building and the Welty Building, Mr. Doc Lane, Temecula, addressed the involvement of the City with these projects and questioned the lack of City involvement with the Mercantile Building. Mr. Lane requested that this building be restored to its original state. Mayor Comerchero advised that it always has been the City's intent to restore it to its original state. E. Expressing his dismay with the destruction of the Mercantile Building, Mr. Otto Baron, Temecula, commented on the impacts the loss of historical resources has on Old Town tourism. F. Having restored two buildings in the City of Los Angeles, Ms. Nancy Baron, Temecula, requested to view the plans for the Mercantile Building. In response to Ms. Baron, Mayor Comerchero advised that the Mercantile Building will be utilized for the Community Theater. G. Shocked with the destruction of the Mercantile Building, Mr. Jimmy Moore, Temecula, recommended that any changes to Old Town should be reviewed by the Old Town Local Review Board and that a Committee be formed to address the fate of any historical sites. H. Responding to the many comments regarding the Mercantile Building, City Manager Nelson commented on the importance of open communication when it pertains to these historical resources, noting that, in his opinion, that had not occurred with the Mercantile Building; assured the City Council and the public that open communication will occur with future projects; concurred with including the Old Town Local Review Board; and reiterated that the Mercantile Building, to the City's best ability, will be restored to its original appearance. CITY COUNCIL REPORTS A. Echoing the dismay with regard to the Mercantile Building, Mayor Pro Tem Roberts expressed his appreciation to City Manager Nelson for his comments with regard to the Mercantile Building. B. Extending his appreciation to Mr. Nelson for his comments, Councilman Washington concurred with including the Community Services Commission. Commenting on the upcoming Youth in Government Program, Mr. Washington briefly reviewed the activities of the two days (June 1 and 2, 2005), noting that high school seniors from Chaparral and Temecula Valley High Schools will be in attendance. Mr. Washington commended City Clerk Jones on her efforts associated with the program, advising that Ms. Jones had received an award from the City Clerks' Association; that this program was submitted for recognition to the California School Public Relations Association; and that Ms. Jones was awarded the California Gold Award of Excellence. Mr. Washington as well commended Ms. Danielle Clark from the School District on her associated efforts and support. C. Having participated in Citizens Scholarship Foundation Night with Councilman Washington, Councilwoman Edwards commented on the amounts of scholarships presented to the graduating seniors and proudly announced that the City of Temecula was a sponsor. R:\Minutes\052405 3 I I I Ms. Edwards reminded the public of the upcoming Matsuri Event (Sister City Foundation) on June 4, 2005, at the Community Recreation Center and provided a progress update on the building of a new animal shelter. D. To those concerned about the fate of the Mercantile Building, Mayor Comerchero reiterated the City's commitment, as noted by City Manager Nelson, to ensure open communication with this project as well as future projects. Since last week's Budget Workshop, Mr. Comerchero requested that the following costs be included in the budget when ratified at the June 14, 2005, City Council meeting: relocation and replacement of existing freeway monument sign at the northern City boundary and Veterans' Memorial Phase II. 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. 05-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 Minutes RECOMMENDATION: 3.1 Approve the minutes of April 26, 2005. 4 Financial Statements for the nine months ended March 31. 2005 RECOMMENDATION: 4.1 Receive and file the Financial Statements for the nine months ended March 31, 2005; 4.2 Approve a budget transfer of $85,000 to Winchester Road Widening from Main Street Bridge. R:\Minutes\052405 4 I I I 5 Sales Tax Audit and Recovery Aareement RECOMMENDATION: 5.1 Approve the Sales Tax Consulting Services and Recovery Audit Agreement with Hinderliter De Llamas and Associates for a term not to exceed three years and for an amount not to exceed $4,200 annually and a 15% finder's fee on recovered sales tax. 6 Memorandum of Understandina RECOMMENDATION: 6.1 Approve the Memorandum of Understanding (M.O.U.) between the City and the represented employees of the California Teamsters Public, Professional, and Medical Employees Union Local 911. 7 Consideration of Aareement with Volunteer Center of Riverside County for Provision of "211" Social Service Referral Assistance RECOMMENDATION: 7.1 Authorize the City Manager to execute an agreement between the Volunteer Center of Riverside County and the City of Temecula for the provision of information and referral services through a toll-free or "211" number in the amount of $10,069.80. 8 Consideration of additional Sponsorship Fundina for the 2005 Temecula Vallev International Jazz Festival RECOMMENDATION: 8.1 Approve an amendment to the City's Agreement with the Musicians Workshop to provide an additional $10,000 in funds for the 2005 Temecula International Jazz Festival. (Councilwoman Edwards noted that she would be abstaining with regard to this item because her husband will be providing sound services for the Jazz Festival.) 9 Jefferson Avenue Pavement Rehabilitation - Phase II - Proiect No. PW02-26 - additional funds due to Remediation of Subarade RECOMMENDATION: 9.1 Increase the project contingency and the City Manager's contract change order approval limits by $230,000 above the previously approved 10% contingency for the Jefferson Avenue Pavement Rehabilitation - Phase II Project- Project No. PW02- 26; 9.2 Authorize a transfer from the Pavement Rehabilitation Program fund in the amount of $230,000 to the Jefferson Avenue Pavement Rehabilitation - Phase II Project. R:\Minutes\052405 5 I I I 10 Pechanaa Parkwav Storm Drain Improvements Proiect No. PW99-11 CH RECOMMENDATION: 10.1 Approve contract change order No. 8 to the existing contract with Road Builders, Inc. in the amount of $330,969.87 for the construction of a paved maintenance/access road from Loma Linda Road to Deer Hollow Road, the removal of the existing bridge at Loma Linda Road east of Pechanga Parkway, and the removal of the last section of the existing box culvert at Wolf Valley Road. 11 Authorization of Loma Linda Road Street Closure RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 05-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING A TEMPORARY THREE-WEEK STREET CLOSURE OF LOMA LINDA ROAD BETWEEN TEMECULA LANE AND PECHANGA PARKWAY FOR THE REMOVAL OF THE EXISTING LOMA LINDA ROAD BRIDGE OVER THE OLD WOLF VALLEY CREEK CHANNEL, LIMITED TO BETWEEN JUNE 20 AND AUGUST 12, 2005 AND AUTHORIZING THE CITY ENGINEER TO APPROVE A TRAFFIC CONTROL PLAN FOR THIS SPECIFIC CLOSURE 12 Authorize Temporary Street Closures for the Street Paintina Festival in Old Town (Main Street between Murrieta Creek and the easterlv terminus of Main Street at Interstate 15) RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 05.54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING THE CLOSURE OF A PORTION OF MAIN STREET FOR THE STREET PAINTING FESTIVAL AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT R:IMinutesl052405 6 I I I . 13 Completion and Acceptance of the Old Town Southern Gatewav Landscapina - Proiect No. PW02-20 RECOMMENDATION: 13.1 Accept the construction of the Old Town Southern Gateway Landscaping - Project No. PW02-20 - as complete; 13.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract amount; 13.3 Release the Labor and Materials Bond seven months after the filing of the Notice of Completion if no liens have been filed. 14 Approval of the Plans and Specifications and authorization to solicit Construction Bids for the Diaz Road Realianment (Phase II) - Proiect No. PW95-27 RECOMMENDATION: 14.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for the Diaz Road Realignment - Phase II - Project No. PW95-27. 15 Approval of the Plans and Specifications and authorization to solicit Construction Bids for Traffic Sianallnstallation SR79 South at Countrv Glen Wav - Proiect No. PW04-09 RECOMMENDATION: 15.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for Traffic Signal Installation - SR79 South at Country Glen Way - Project No. PW04-09. 16 French Vallev Parkwav/I-15 Overcrossina and Interchanae Improvements - Proiect Report Preparation Proiect No. PW02-11 French Vallev Parkwav Interim Southbound Off-Ramp to Jefferson Avenue Phase I Amendment to a Consultina Aareement RECOMMENDATION: 16.1 Approve Amendment No. 1 to the agreement with Moffatt & Nichol Engineers in an amount not to exceed $710,553.40 to provide the necessary design services to finalize the Project Report (PR), Environmental Documents (ED), and to complete the design (Plans, Specifications, and Estimate) for the French Valley Parkwayll-15 Interim Southbound Off-Ramp to Jefferson Avenue, the widening of the Southbound Off-Ramp at Winchester Road, and adding an auxiliary lane; 16.2 Authorize the Mayor to execute the amendment to the agreement. R:\Minutes\052405 7 17 Second Readina of Ordinance No. 05-05 (Businesses Sellina Alcoholic Beveraaes) I RECOMMENDATION: 17.1 Adopt an ordinance entitled: ORDINANCE NO. 05-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTERS 17.08, 17.10, AND 17.34 OF THE TEMECULA MUNICIPAL CODE TO REGULATE LIQUOR STORES AND SIMILAR USES AND TO FURTHER CLARIFY OTHER REQUIREMENTS FOR BUSINESSES SELLING ALCOHOLIC BEVERAGES (PLANNING APPLICATION NO. 04-0594) MOTION: Councilman Washington moved to approve Consent Calendar Item Nos. 1-17. The motion was seconded by Mayor Pro Tem Roberts and electronic vote reflected approval with the exception of Councilwoman Edwards who abstained with regard to Item NO.8. At 8:07 P.M., the City Council called a short recess after which it reconvened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 8:24 P.M., the City Council resumed with regular business. I PUBLIC HEARING 18 Automobile and Truck Dealership Promotional Events (PA No. 05-0047 RECOMMENDATION: 18.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 05-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTERS 17.04 AND 17.28 OF THE TEMECULA MUNICIPAL CODE TO ALLOW MINOR WEEKEND PROMOTIONAL EVENTS TO CHANGE THE MINOR TEMPORARY USE PERMIT REQUIREMENTS WITHIN THE AUTO MALL AREA AND TO ALLOW LARGER FREESTANDING TENANT IDENTIFICATION SIGNS FOR AUTOMOBILE AND TRUCK DEALERSHIPS (PLANNING APPLICATION NO. PA05-0047) Principal Planner Hogan reviewed the staff report (as per agenda material), clarifying Council questions as follows: I . That banners are viewed as temporary signs which would involve separate regulations . That typically a freestanding signage would require administrative/staff approval . That each dealer will be given the opportunity to apply for a Minor Temporary Use Permit for up to four events per year per dealership. R:\Minutes\052405 8 I I I Mayor Comerchero opened the public hearing. Mr. Isaac Lizarraga, President of the T emecula Valley Auto Dealer Association and representing the nine dealerships, relayed the dealerships' support of the proposed changes to the Development Code in order for the dealerships to adequately compete in the market place. Advising that this matter was not addressed with the Planning Commission, Mr. Lizarraga expressed concern with permitting only one freestanding tenant sign per dealership, noting that three dealerships border two frontage streets and requested that for dealerships that border two frontage streets be permitted two freestanding tenant signs. At this time, the public hearing was closed. Clarifying the allowable number of freestanding monument signs, Planning Director Ubnoske recommended a separation requirement between the two freestanding signs and noted no opposition to Mr. Lizzarraga's request for two freestanding tenant signs. Councilman Naggar expressed his support for the addition of one freestanding monument sign (total of two) for those dealerships with two frontage streets. Addressing the Council's concern of potentially having on-going major promotional events, Mr. Lizzarraga advised that the intent would be to increase the existing two major promotions (all dealerships participating) a year to four promotions a year. Further clarifying the permit approvals, Planning Director Ubnoske advised that the weekend events will require a one-time Master Temporary Use Permit. At this time, City Attorney Thorson introduced and read by only Ordinance No. 05-06. MOTION: Councilman Naggar moved to introduce Ordinance No. 05-06, amending Section 8 C. 1. to read as follows: the maximum number of freestanding tenant identification signs (Multi- or single-tenant sign) is one per street frontage and that reasonable separation distance shall be as determined by the Director of Planning at the time of approval. The motion was seconded by Councilman Washington and electronic vote reflected unanimous approval. 19 Consistencv Rezonina Ordinance (PA No. 05-0085) RECOMMENDATION: 19.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 05-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA AND AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ACHIEVE CONSISTENCY WITH THE PROVISIONS AND REQUIREMENTS OF THE UPDATED CITY GENERAL PLAN (PA NO. 05-0085) R:\Minutes\052405 9 I Reviewing the staff report (of record), Principal Planner Hogan recommended that the designated Meadowview property (located above Del Rey Road - 9 acres) be eliminated from any action at this time in order to meet with the property owners and advised that two new zones are being proposed: rural residential (5 acre) and tribal trust land zone (properties currently tribally owned). City Attorney Thorson advised that two small Meadowview parcels, currently existing as open space, will be designated as open space, noting that both Mayor Pro Tem Roberts and Councilman Washington live in the Meadowview area and, therefore, should not partake in any discussion regarding those two parcels but may partake in the overall Zoning Ordinance. At this time, the public hearing was opened. Having received no notification of the proposed change, Ms. Naomi Viselli, Temecula, expressed concern with the proposed upzone of five-acre minimum lots considering her proposed included nine acres and requested that her property be rezoned to a minimum one- acre lot similar to the other Meadowview properties. Ms. Win Corey, Temecula, reiterated her daughter's comments. Mr. Robert Martin was called but chose not to speak. At this time, the public hearing was closed. I In light of staff's request to continue the item mentioned by Ms. Viselli, Councilman Naggar offered the following motion: City Attorney Thorson introduced Ordinance No. 05-07 by title only. MOTION: Councilman Naggar moved to introduce Ordinance No. 05-07 but continuing any action with regard to Ms. Viselli's property in order to further discuss the matter with the property owners. The motion was seconded by Mayor Pro Tem Roberts and the electronic vote reflected unanimous approval. 20 Weed Abatement Lien Resolution for FY 2004-2005 RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. 05-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION FOR THE FISCAL YEAR 2004-2005 I Principal Planner Brown reviewed the staff report (as per written material). R:IMinutesl052405 10 At this time, the public hearing was opened. I There being no public input, the public hearing was closed. MOTION: Councilman Naggar moved to adopt Resolution No. 05-55. The motion was seconded by Councilman Washington and the electronic vote reflected unanimous approval. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT No additional comment. CITY ATTORNEY'S REPORT With regard to Closed Session, City Attorney Thorson advised that there was no action to report under Closed Session. ADJOURNMENT I At 9:04 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday, June 14, 2005, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: - ~ I R:\MinutesI052405 11