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HomeMy WebLinkAbout071106 CC Minutes I I I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JULY 11, 2006 The City Council convened its regular meeting at 7:02 p.m., on Tuesday, July 11, 2006, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California, was convened. Present: 5 Council Members: Comerchero, Edwards, Naggar, Washington, and Roberts Absent: o Council Members: None PRELUDE MUSIC The Prelude Music was provided by Great Oak Woodwind Ensemble. Council Member Edwards proudly announced that Great Oak Woodwind Ensemble was selected to perform at Fiesta Bowl 2006. INVOCATION The invocation was given by Pastor Treadway of Rancho Community Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Council Member Comerchero. PRESENT ATIONSIPROCLAMATIONS Worldwide Paqeant Dav Proclamation Mayor Roberts proclaimed July 13, 2006, to be Worldwide Pageant Day in the City of Temecula. In appreciation of the proclamation, Ms. Horning, Worldwide Ambassador, thanked the City Council for its recognition Jazz Month Proclamation Whereas, the American Jazz Festival is celebrated every July in the City of Temecula, Mayor Roberts, on behalf of the City Council, proclaimed July to be Jazz Month. Mr. Jon Laskin, representing the International Jazz Festival, thanked the City Council for the proclamation and its support, and presented the Council with a platter of recognition. Council Member Naggar gave thanks to Mr. Laskin with regard to his efforts and contribution to music and festivals for the City of Temecula. R:IMinutesl071106 I I I PUBLIC COMMENTS A. Mr. Gary Youmans, representing the Economic Development Corporation (EDC), presented the City Council with a first place EDC Golf Municipal Trophy for 2006. CITY COUNCIL REPORTS A. Council Member Comerchero informed the audience that he had an opportunity to attend a performance at the Community Recreation Center (CRC), and advised that the Community Services Department is currently hosting many great concerts and movies during the summer months, and encouraged the public to take advantage of the free performances and shows. Referencing a fire on the southern end of town, Council Member Comerchero gave thanks to the California Highway Patrol (CHP) for its quick and efficient control of the traffic on the Highway 15. B. Thanking Director of Community Services Parker and staff for the 4th of July events, Council Member Edwards stated that it was another great celebration, and advised that the four representatives from the USS Ronald Reagan that participated in the parade stated that they were very well received by the residents of Temecula. 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. 06-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 City Treasurer's Report as of Mav 31. 2006 RECOMMENDATION: 3.1 That the City Council receive and file the City Treasurer's Report as of May 31, 2006. R:IMinutes1071106 2 I I I 4 Grant of Easement to Rancho California Water District for the Installation of a Groundwater Monitorinq Well within Pala Community Park RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 06-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GRANT OF EASEMENT WHEREBY CITY GRANTS TO RANCHO CALIFORNIA WATER DISTRICT AN EASEMENT FOR RIGHT OF ACCESS TO A PROPOSED GROUNDWATER MONITORING WELL AT PALA COMMUNITY PARK 4.2 Direct City Clerk to forward the approved Grant of Easement to Rancho California Water District for their acceptance and recordation. 5 Approval of Citv/Countv Aqreement for Improvements to Butterfield Staqe Road RECOMMENDATION: 5.1 Approve the City County Agreement for the Widening of and Improvements to Butterfield Stage Road and authorize the Mayor to execute the Agreement. 6 Approve a fourth amendment for plan review services and a new aqreement for FY 2006/2007. RECOMMENDATION: , 6.1 Approve a fourth amendment to the agreement for Consulting Services with Esgil Corporation for Plan Check Services which includes an additional appropriation in the amount of $82,500 to complete Fiscal Year 2005/2006; 6.2 Approve an agreement for Consulting Services with Esgil Corporation to provide Plan Check Services for Fiscal Year 2006/2007 in the amount of $375,000. 7 General Maintenance Expenditure with Quaid Temecula Harlev-Davidson RECOMMENDATION: 7.1 Approve the expenditure of $7,000 in FY 05/06 with Quaid Temecula Harley- Davidson for repair and maintenance of Police motorcycles; 7.2 Approve an annual expenditure of $35,000.00 plus a 10% contingency in FY 06/07 with Quaid Temecula Harley-Davidson for repair and maintenance of Police motorcycles. R:IMinutesl071106 3 I I I 8 Grant of Easement to Rancho California Water District for the Purpose of Correctinq a Previouslv Recorded Easement located within Pala Community Park RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 06-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GRANT OF EASEMENT TO RANCHO CALIFORNIA WATER DISTRICT FOR THE PURPOSE OF CORRECTING A PREVIOUSLY RECORDED EASEMENT LOCATED WITHIN PALA COMMUNITY PARK 8.2 Direct City Clerk to forward the approved Grant of Easement to Rancho California Water District for their acceptance and recordation. 9 First Amendment to the Aqreement with the Friends of the Children's Museum RECOMMENDATION: 9.1 Approve the First Amendment to the Agreement between the City of Temecula and the Friends of the Children's Museum for the operation of the Children's Museum gift shop; 9.2 Accept certain in-kind services as payment in full of the license fee obligation for the Gift Shop. MOTION: Council Member Comerchero moved to approve the Consent Calendar. Mayor Pro Tem Washington seconded the motion and electronic vote reflected approval with the exception of Council Member Comerchero and Council Member Edwards who abstained from Item NO.9. At 7:22 p.m., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:25, the City Council resumed with regular business. R:IMinutes1071106 4 I I I PUBLIC HEARING 15 Appeal of Planninq Commission Denial of Planninq Application No. PA05-0314 for a Minor Conditional Use Permit and Public Convenience and Necessitv Findinqs to Sell Alcohol within a 16.836 Square Foot Retail Facilitv (Rite Aid) to be located within the Rancho Temecula Town Center at the northeast corner of Winchester Road and Nicolas Road RECOMMENDATION: 15.1 Should the City Council wish to approve Planning Application No. PA05-0314, a Minor Conditional Use Permit and Public Convenience or Necessity Findings, the City Council should adopt a resolution entitled: RESOLUTION NO. 06.63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0314, A MINOR CONDITIONAL USE PERMIT AND PUBLIC CONVENIENCE OR NECESSITY FINDINGS TO ALLOW FOR THE SALE OF BEER, WINE, AND DISTILLED SPIRITS (TYPE 21 LICENSE, OFF-SALE GENERAL) FROM AN APPROVED 16,836 SQUARE FOOT COMMERCIAL BUILDING TO BE LOCATED WITHIN THE RANCHO TEMECULA TOWN CENTER Director of Planning Ubnoske stated that the application before the Council would be an appeal of the Planning Commission's denial of a Minor Conditional Use Permit (CUP), and a Finding of Public Convenience or Necessity. Noting a correction in staff's report, Ms. Ubnoske stated that in discussion with Alcohol Beverage Control (ABC) today, July 11, 2006, it was discovered that ABC had assigned the wrong Census Tract to the proposed project; and that the proposed project would not be in an area of over concentration. At this time, the appellant requested that the City Council overturn the Planning Commission's recommendation of denial based on the following: · That Rite Aid would be consistent with the City's General Plan and Development Code . That the proposed use would be located 500-feet away from any sensitive use · That the Temecula Valley School District received notice of the request to sell alcohol and voiced no concerns . That there were no citizens that spoke either in support or opposition when it went to Planning Commission hearing on April 19, 2006 . That the Planning Commission previously approved a Finding of Public Convenience or Necessity for a Beverages & More store located within the same shopping center. Responding to Council Member Naggar's question, Director of Planning Ubnoske stated that the Planning Commission made the finding of public health and safety; that it was the opinion of the majority of the Planning Commission that the proximity of the proposed use would result in the corner of Winchester Road and Nicolas Road becoming a hangout for teenagers; and that the sale of alcohol across the street from any high school should not be permitted. R:IMinutes1071106 5 I I I In response to Council Member Naggar's question, Commissioner Chiniaeff noted that the concern would be that the Planning Commission would be approving a Minor Conditional Use Permit (CUP) which would also include a Finding and Necessity; that looking at the Minor Conditional Use Permit there would be some discretion; that the Commission would not necessarily have to follow the requirements that would normally be followed for the typical ABC approval; that it was his opinion that the proximity of the proposed use to the high school would not be in the public's best interest. At this time, the public hearing was opened. Mr. Matthew Fagan, representing Rite Aid, offered the following comments: · That the proposed Rite Aid store complies with the requirements of the City's Development Code . That the proposed use would be located over 500-feet from any public park, religious institution, or school . That the school district received public notice of the Planning Commission's hearing and did not contact the City with any questions or concerns with the request to sell alcohol · That Rite Aid would have an exemplary record in complying with state and local regulations regarding the sale of alcohol · That the Planning Commission approved a finding of Public Convenience or Necessity for Beverages & More store located within the shopping center. Mr. Peter Impala, Temecula, spoke in favor of the proposed project and noted that he would view Rite Aid's sales as Public Convenience and Necessity. Due to no additional speakers, the public hearing was closed. COUNCIL DISCUSSION With respect to the Planning Commission's decision to deny staff recommendation, Mayor Pro Tem Washington stated that if the Minor Conditional Use Permit were to be abused, it could be revoked; that he would be confident that if violations were to occur, the Police Department would ensure proper action; and that due to the fact that the proposed use would not be in an over concentrated area and would meet all the requirements of the City's Development Code, he would be in favor of supporting the appeal. Council Member Comerchero noted that it would be important that consistency and surety be applied throughout the business community; advising that the Alcohol Beverage Control (ABC) would have its regulations regarding the sale of alcohol set in place; and due to the fact that the proposed Rite Aid store would meet the City's Development Code requirements, he would not see any compelling reason to not approve staff recommendation. Council Member Naggar asked what the difference would be between the sales of alcohol at Beverages & More as opposed to sales of alcohol at Rite Aid. R:\Minutes1071106 6 I I I In response to Council Member Naggar's query, Commissioner Chiniaeff stated that the Beverages & More was for the request for the Finding related to an alcohol beverage license; that the Rite Aid was for the implementation of a Condition of Approval of the shopping center which states that a Minor Conditional Use Permit would be required to sell alcohol in the center; that the Beverages & More would be an extended distance from the high school; that the Rite Aid would be directly across the street from the high school, advising that the proposed use may have an adverse affect on the adjacent land uses. Council Member Naggar relayed his difficulty in making a decision. Understanding that the Census Tract would no longer be a concern, Council Member Edwards noted that she would also not see any compelling reason to not approve staff recommendation Considering that the Census Tract is not over concentrated and the proposed use would comply with the requirements of the City's Development Code, Mayor Roberts stated that he would be in favor of supporting the applicant's appeal. Council Member Naggar suggested the following Conditions of Approval be imposed on the applicant: . That only 190-square feet be used for the sale of alcohol · That no alcohol advertising be displayed on the windows of Rite Aid · That the display of alcohol products or alcohol sales be restricted to the rear of the store · That if there are more than three violations, the applicant would be required to return to the Planning Commission for its due process . That staff keep the Council apprised to the decoy program as it would relate to Rite Aid (proposed location.) MOTION: Council Member Comerchero moved to approve Item No. 15.2 subject to the following Conditions of Approval: that 190-square feet of retail space be devoted to the sale of alcohol in the rear of the store; that no signage of alcohol be displayed on the windows; that the applicant return to the Planning Commission if there are more than three violations. Mayor Pro Tem Washington seconded the motion. (Additional discussion ensued prior to the vote; see below.) Council Member Edwards requested that the manager of Rite Aid establish a dialogue with the Student Resource Officer (SRO) at Chaparral High to maintain open communication. In response to Council Member Edwards' request, Mr. Matthew Fagan noted that the applicant would be willing to establish open communication with the Student Resource Officer and accept the previously mentioned Conditions of Approval. At this time, the electronic vote for the previously made motion reflected unanimous approval. CITY MANAGER'S REPORT No additional comment. R:IMinutes1071106 7 CITY ATTORNEY'S REPORT I City Attorney At 8:02 p.m., the City Council meeting was formally adjourned to Tuesday, July 25, 2006, at 5:30 P.M., for a Thorson advised that he had no action items to report under Closed Session. ADJOURNMENT Closed Session with the regular session commencing at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. a8~ Ron Roberts, Mayor ATTEST: I I R:IMinutes1071106 B