Loading...
HomeMy WebLinkAbout041007 CC Minutes I I I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL APRIL 10, 2007 The City Council convened in Closed Session at 6:00 p.m. and its regular meeting commenced at 7:00 p.m., on Tuesday, April 10, 2007, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: 5 Council Members: Comerchero, Edwards, Naggar, Roberts and Mayor Washington. Absent: o Council Members: None. PRELUDE MUSIC The Prelude Music was provided by Matthew Fagan. INVOCATION The invocation was given by Pastor Dominic Occhipinti of Temecula Community Church. PLEDGE OF ALLEGIANCE The pledge of allegiance and posting of colors was presented by Boy Scout Troop 369. PRESENT ATIONS/PROCLAMATlONS Certificates of Achievement to six recipients of the Arrow of Liqht Award Congratulating the following individuals for attaining Cub Scouting's highest award, Mayor Washington presented each individual with a Certificate of Achievement. o Patrick Baker oBrian Hizon o Philip Pytak o David Pletka Certificate of Achievement presented to Michael Hansen for attaininq the rank of Eaqle Scout On behalf of the City Council, Mayor Washington presented Michael Hansen with a Certificate of Achievement for receiving the rank of Eagle Scout. Thanking the Council for its recognition, Michael Hansen relayed how he accomplished the rank of Eagle Scout. R:IMinulesl041007 I I I Special Recoanition to Tonv Elmo Ms. Alice Sullivan, representing the Temecula Valley Chamber of Commerce, took a moment to thank Mr. Elmo for his dedication and commitment to the community. On behalf of the City Council and staff, Mayor Washington honored Mr. Elmo for his 16+ years of professional and meritorious service to this city; and hereby proclaimed April 10, 2007, to be Tony Elmo Day. Thanking the City Council and staff for their kind words, Mr. Elmo relayed his appreciation to the City Council for their years of support and noted that he has thoroughly enjoyed working for the City ofTemecula. PUBLIC COMMENTS A. Mr. Jeff Stone, Murrieta, expressed his disappointment with the outcome of the education center; relayed the importance of an education center in the City; and urged the City Council to renegotiate the disposition and developmental agreement with the developer. B. Mr. Roger Ziemer, representing the Murrieta Temecula Group, noted that the organization will continue to stand behind the hope of an education center in the City of Temecula. C. Ms. Cynthia Burch, Temecula, spoke in favor of providing higher education in the City for its youth and surrounding region. D. Mr. Greg Morrison, Temecula, urged the City Council to reevaluate the issue of an education center in the City of Temecula. E. Ms. Carmela Loelkes, Murrieta, strongly urged the City Council to reconsider the position and grant the appropriate extensions to allow for an education center. F. In response to Mr. Armstrong's request, Mayor Washington advised him to leave his phone number with the City Clerk and that he would contact him for an interview regarding his school project pertaining to the Liberty Quarry. G. Mr. Ed Prieboy, Temecula, requested that the City Council work to ensure that the city provide higher education for its youth and surrounding communities. H. Mr. Brian McClung, Winchester, reiterated the importance of freedom of speech. I. Mr. Sterling Roulette, representing Mt. San Jacinto College, relayed the importance of quality education being offered to the citizens of Temecula. J. Ms. Barbara Miller, representing the Temecula Valley Garden Club, invited the City Council to attend its 22"d Annual Flower Show to be held at the Mary Phillips Senior Center on Saturday, April 28, 2007, at 9:00 a.m. R:\MinutesI041 007 2 I I I K. Mr. Richard Geise, Menifee, relayed the burden of the many students traveling long distances to college and stated that an education center in town would provide an opportunity for students to receive local education. L. Mr. O.B. Johnson also expressed his full support of an educational center in the City. M. Querying on the fall of the education center, Mr. David Thompson stated that he would be a long-time supporter of the City of Temecula; relayed that he would be a strong believer of higher education; and stated that he would be of the opinion that the City Council and developer must continue to work together to resolve the issues. N. Mr. Stan Scheer, Murrieta, applauded the City Council on its vision to bring higher education to the City of Temecula and encouraged the City Council to continue on its path to bring an education center to the City. CITY COUNCIL REPORTS A. Agreeing with the speakers that an education center in the City would be a vital necessity for its residents and surrounding communities, Council Member Edwards concurred that an education center would provide prestige for the City of Temecula and the region; advised that she, as well as the entire City Council have always and continue to be in full support of the education center in the City; and advised that the proposed site would be designated as an education center and that she would be hopeful that a developer would come forward to negotiate a development agreement. B. Council Member Comerchero thanked the Temecula Valley Garden Club for its invitation, noting that his wife and he have always enjoyed the show. Commenting on the fall of the education center, Council Member Comerchero noted that he has been in full support of the education center in the City; advised that due to the complexity of the project and circumstances that have been brought forward by the developer, the City Council had no choice but to protect the public trust; and stated that he would welcome a way to find a solution to the process and bring an education center to the City. C. Educating the public with the history of the project, Mayor Washington apprised the public of the many challenges that the City has faced with the project and those that it has resolved such as artifacts, soils, Fairy Shrimp, and underground utilities. Highlighting on Mayor Washington's comments, City Manager Nelson advised that the City resolved the artifacts issues, utility issues, the Fairy Shrimp issue, and soil problems; that the City completed the grading on behalf of the developer; and that the City gave the developer five different amendments and time extensions to allow three years for the project to move forward. Offering more information, City Attorney Thorson noted that the Redevelopment funds and the proposed property would be 20% of the redevelopment agencies (set aside) funds for the generation and rehabilitation of affordable housing; that the funds were held in trust and that the only reason the City was able to use them was due to the many findings made three years ago; that the appraisals and performa analyses resulted in an appropriate amount to be used for affordable housing; that due to an increase in property value, the findings would no longer be valid; that the City Council would have a fiduciary duty to use the Redevelopment funds in the best possible way which would be mandated by statutes; and that the developer had to meet financing and pre-leasing of both buildings. R:IMinulesl041007 3 I I I City Manager Nelson added that the developer had to meet the development of construction documents and closing escrow on the site by a date certain; that the developer was advised in December 2006 as per fourth amendment, that this would be the last and final extension to March 30, 2007; and advised that the developer concurred by signing an agreement. Mayor Washington also noted the minutes of June 28, 2005, indicated Mr. Kading's statement that he would have all financing issues in order. For Mayor Washington, City Attorney Thorson noted as the expiration date for the close of escrow approached, Mr. Kading did not submit any financing documents that would indicate that the developer would be in need of more time. City Attorney Thorson concurred with Mayor Washington's remark that one of the bankers had requested a change of use of the property in question in the event the bank would need to revoke the property and that to remove risk for the bank in that the bank would not be desirous of having the property solely restricted to an education center. D. Echoing previously made comments with regard to the need and desire of an education center in the City of Temecula, Mayor Pro Tem Naggar relayed the history of the education center; noted that construction of a education center should currently be underway; and advised that the City Council has had to make decisions as advised by the City Attorney, noting that the commitment to an education center would remain. Mayor Pro Tem Naggar requested that the City Manager bring forward a plan exploring the possibility of an education center, explore its financing, financial commitments, and whether or not schools would be able to enter into long- term leases. E. Council Member Comerchero advised the community that the City Council has been united in an education center in the City; and relayed that it would be important to understand that decisions made by the City Council were not based on politics, but rather the City Council's obligation to protect the public trust and treasury of its citizens. Mayor Washington advised that his State of the City speech was an opportunity to address positive issues that were occurring in the City; and thanked Mr. Scheer for contacting him and sharing his thoughts on how to change the education process and engage our children from the transition of high school to college. 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. R:IMinulesl041007 4 I I I 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of March 22, 2007 (Joint CClTemecula School Board Meeting); 2.2 Approve the minutes of March 27, 2007. 3 Resolution approvina List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 07-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of Februarv 28. 2007 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of February 28, 2007. 5 Purchase and Implementation of Two Automated License Plate Recoanition Svstems RECOMMENDATION: 5.1 Approve the Purchase and Installation Agreement with PIPS Technology in the amount of $50,665.38 to purchase and implement two Automated License Plate Recognition Systems. R:IMinutesl041007 5 I I I 6 Tract Map No. 31946. located at the north eastern corner of the intersection of Loma Linda Road and Pechanqa Parkwav RECOMMENDATION: 6.1 Approve the agreement between the City of Temecula and D.R. Horton; 6.2 Approve the Grant of Sewer Easement to Eastern Municipal Water District (EMWD) through Pala Community Park; 6.3 Approve Tract Map No. 31946 in conformance with the Conditions of Approval; 6.4 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Materials Bond as security for the agreement; 6.5 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. (Item No.6 was pulled for separate discussion; see pages 7 and 8.) 7 Parcel Map 33874. located on the north side of Reminqton Avenue. approximatelv 650 feet west of Diaz Road RECOMMENDATION: 7.1 Approve Parcel Map No. 33874 in conformance with the Conditions of Approval. 8 Request to Adopt Resolutions of Support for Hiqhwav 79 and the San Jacinto River Levee Proiect (at the request of Council Member Roberts) RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 07-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING THE CITY COUNCIL'S SUPPORT FOR REQUESTING THE ASSISTANCE OF ASSEMBLYMAN PAUL COOK TO SEEK THE FUNDING FOR THE CONSTRUCTION OF HIGHWAY 79 FROM THE NORTHERLY CITY LIMIT OF SAN JACINTO TO ITS PROPOSED SOUTHERLY TERMINUS IN TEMECULA 8.2 Adopt a resolution entitled: RESOLUTION NO. 07-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING THE CITY COUNCIL'S SUPPORT FOR REQUESTING THE ASSISTANCE OF ASSEMBLYMAN PAUL COOK TO SEEK FUNDING FOR THE SAN JACINTO RIVER, STAGE FOUR (4) LEVEE PROJECT R:IMinulesl041007 6 I I I 9 Records Destruction Approval RECOMMENDATION: 9.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. 10 Second Readina of Ordinance No. 07-02 RECOMMENDATION: 10.1 Adopt an Ordinance entitled: ORDINANCE NO. 07-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8.36 TO THE TEMECULA MUNICIPAL CODE PROHIBITING THE NON-PERMITTED USE, STORAGE, MANUFACTURING, AND SALE OF FIREWORKS MOTION: Council Member Comerchero moved to approve Consent Calendar Item Nos. 1-5 and 7-10 (Consent Calendar Item No.6 was considered under separate discussion; see pages 7 and 8.) Council Member Edwards seconded the motion and electronic vote reflected approval with the exceotion of Mayor Pro Tem Naggar and Council Member Roberts who abstained on Item No. 2.1. CONSENT CALENDAR ITEM CONSIDERED UNDER SEPARATE DISCUSSION Due to a conflict of interest, Council Member Comerchero abstained from Item No.6 6 Tract Map No. 31946. located at the north eastem corner of the intersection of Loma Linda Road and Pechanaa Parkwav RECOMMENDATION: 6.6 Approve the agreement between the City of Temecula and D.R. Horton; 6.7 Approve the Grant of Sewer Easement to Eastern Municipal Water District (EMWD) through Pala Community Park; 6.8 Approve Tract Map No. 31946 in conformance with the Conditions of Approval; 6.9 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Materials Bond as security for the agreement; 6.10 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. Director of Public Works Hughes provided the City Council with a brief report (as per written material). R:\Minutesl041 007 7 I I I Mr. Joo S. Lee, Los Angeles, noted that he had previous concerns with the proposed project but relayed that all concerns have been resolved. Assistant City Manager Johnson noted that Mr. Lee inadvertently remarked on the wrong item, advising that he intended to address Item No. 15. For the record, City Attorney Thorson advised that Council Member Comerchero would be abstaining on Consent Calendar Item NO.6. MOTION: Council Member Roberts moved to approve staff recommendation. Council Member Edwards seconded the motion and electronic vote reflected approval with the exceotion of Council Member Comerchero who abstained. At 8:22 p.m., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 8:24 p.m., the City Council resumed with regular business. PUBLIC HEARING 15 Plannina Application Nos. PA05-0109 and PA05-0234. a Tentative Tract Map (33584) for condominium purposes to subdivide 7.2 acres into three lots (one residential condominium lot. one recreation lot. and one open space lot). and a Planned Development Overlav to provide for development standards for the site that are specific to sinale-familv homes on condominium lots throuah the adoption of proposed PDO-11 Sections 17.22.220 throuah 17.22.228. includina the PDO text and Development Standards. RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 07-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP NO. 33584 TO SUBDIVIDE 7.2 ACRES INTO THREE LOTS (ONE RESIDENTIAL CONDOMINIUM LOT, ONE RECREATION LOT, AND ONE OPEN SPACE LOT) FOR THE DEVELOPMENT OF 62 SINGLE-FAMILY DETACHED HOMES ON A CONDOMINIUM LOT ON PROPERTY LOCATED AT 29601 MIRA LOMA ROAD, GENERALLY LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA DRIVE (APN 944-060-006) R:\Minulesl041007 8 I I I 15.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA FROM MEDIUM DENSITY RESIDENTIAL (M) TO PLANNED DEVELOPMENT OVERLAY (PDO- 11) AND ADOPT PDO-11 SECTIONS 17.22.220 THROUGH 17.22.228 INCLUDING THE PDO-11 TEXT AND DEVELOPMENT STANDARDS FOR THE DEVELOPMENT OF 62 SINGLE-FAMILY DETACHED HOMES ON CONDOMINIUM LOTS ON PROPERTY LOCATED AT 29601 MIRA LOMA ROAD, GENERALLY LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA DRIVE (APN 944-060-006) Director of Planning Ubnoske provided a staff report (of record). At this time, the public hearing was opened. Mr. Joo S. Lee advised that he is the property owner adjacent to the proposed project and that he had some concerns. Having recently learned that the Planning Department has approved a 10-foot wide paved access road adjacent to the parcel owned by him; he, therefore, no longer expressed concerns with the proposed project. Referencing Mr. Lee's previous concern, Director of Planning Ubnoske advised the City Council that the applicant addressed Mr. Lee's concern. Mr. Brad Hay, representing the proposed project, advised the City Council that the applicant agreed to provide a 10-foot paved access road to Mr. Lee's property which would address his concern. At this time, the public hearing was closed. Relaying his support for the project, Mayor Pro Tem Naggar thanked the applicant for the additional enhancements. At this time, City Attorney Thorson introduced and read by title only Ordinance No. 07-30 and Ordinance No. 07-03. MOTION: Mayor Pro Tem Naggar moved to approve staff recommendation. Council Member Edwards seconded the motion and electronic vote reflected unanimous approval. COUNCIL BUSINESS 16 Approve the Old Town Civic Center Phase II Master Plan and Approve a Professional Services Aareement with Nichols. Melburq and Rossetto. Architects for Desian of the Phase II Old Town Civic Center Proiect RECOMMENDATION: 16.1 Approve the Old Town Civic Center Phase II Master Plan; R:IMinulesl041007 9 I I I 16.2 Approve a Professional Services Agreement with Nichols, Melburg & Rossetto for design of the Old Town Civic Center Phase II project in the amount of $4,279,017.00; 16.3 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $427,901.70 which is equal to 10% of the Agreement; 16.4 Approve an appropriation in the amount of $4,750,000.00 from the Undesignated General Fund Balance for administrative and design costs for this project. Principal Planner Brown provided a brief staff report (of record) and introduced Mr. Less Melburg. Mr. Melburg, representing Nichols, Melburg & Rosetto (NMR), Architects for the design of Phase II Old Town Civic Center Project provided a detailed PowerPoint Presentation, highlighting on the following: o Pre-Schematic Site Plan o Grading Scheme o Building Plan. At this time, City Manager Nelson provided the financial planning aspect of the proposed Civic Center (per staff report), noting the following: o That construction cost for the Civic Center including contingencies would be estimated to be $44 million o That an additional $5 million would be required to support all the data information, furniture, fixtures and equipment, utility and sewer fee soils, material testing, project administration, and miscellaneous costs o That since the City acquired the property supporting the Civic Center project, there has been nearly $25 million in private investment in Old Town; and that it would further be estimated that over the next 10 to 20 years there will be an additional $50 million to $100 million in private investment in Old Town as a result of the City's Redevelopment efforts o That the City will assess the COP financing in mid 2008 o That the debt service cost on the COP bonds would be projected to be $1.7 million to $2 million annually on a 30-year term o That a new revenue stream to pay for the annual debt service has been identified o That the existing City Hall facility would be a valuable City financial asset that may be utilized to potentially off-set construction costs o That there would be a plan to enter into land leases with parcels that would be outside of the town square for potential retail and office professional uses; advising that this would be estimated to generate $150 thousand to $200 thousand on an annual basis to further off-set operational costs related to the new Civic Center o That staff has diligently explored every aspect of the proposed project; that staff has an excellent understanding of the financial requirements of the project; and noted that staff will be working diligently with NMR to keep the projected costs within the budget targets. Relaying his enthusiasm for the proposed project, City Manager Nelson recognized Mr. Gary Thornhill for his passion for building a Civic Center in Old Town and creating a downtown for the City. R:\MinutesI041 007 10 I Speaking highly of Nichols, Melburg & Rosetto Associates (NMR), Council Member Comerchero relayed his excitement toward the plan; relayed that he would be looking forward to working with NMR; and thanked staff for its efforts with regard to the project. Congratulating the subcommittee for its hard work, dedication, and commitment to the design of the Civic Center, Mayor Pro Tem Naggar expressed his excitement with NMR developing a thorough understanding of the City's vision for the Old Town Civic Center; encouraged staff to explore alternate methods to generate revenue; relayed the importance of the City leasing property that would generate income to support the Civic Center's funding; and expressed his enthusiasm to the future of Old Town. Reminiscing on childhood memories, Council Member Edwards stated that the Civic Center would not only serve City staff but would be an Old Town square gathering place with a community room, water features, and court yards to be used by its residents; and relayed her excitement for the overall project. Commenting on the projects that MNR have completed, Council Member Roberts relayed his full support of this project. Echoing previously made comments regarding the Civic Center, Mayor Washington applauded City Manager Nelson on the financing process; and relayed his excitement for the citizens of Temecula being able to enjoy the Civic Center for decades to come. I MOTION: Mayor Washington moved to approve staff recommendation. Council Member Edwards seconded the motion and electronic vote reflected unanimous approval. CITY MANAGER REPORT No additional comments. CITY ATTORNEY REPORT With respect to closed session, City Attorney Thorson advised that there was no formal action to report under the Brown Act. ADJOURNMENT At 9:14 p.m., the City Council meeting formally adjourned to Tuesday, April 24, 2007, at 5:30 p.m., for a Closed Session with the regular session commencing at 7:00 p.m., in the City CO,,,U Ch'm""~. 43200 M"", "'''' OM,". Tome,"l~ Chu k I R:IMinutesl041007 11