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					MURRIETA CITY COUNCIL MINUTES                                           OCTOBER 20, 2009
24601 JEFFERSON AVENUE., ONE TOWN SQUARE                                4:15 PM CLOSED SESSION
MURRIETA, CA                                                            5:00 PM WORKSHOP
                                                                        6:00 PM REGULAR MEETING


                                       4:15 PM CLOSED SESSION

CS1.      Conference with Legal Counsel - Existing Litigation, Haas vs. City of Murrieta re. APN
          910-031-006 (G.C. 54956.9a)

CS2.      Conference with Legal Counsel - Existing Litigation, Citizens for Honesty and Integrity
          in Residential Planning vs. City of Murrieta re. Nutmeg-CEQA (RIC 526341) (G.C.
          54956.9a)

CS3.      Conference with Labor Negotiator City Manager Rick Dudley, Murrieta General
          Employees Assn. and Supervisors Assn. (G.C. 54957.6)

Action:         By consensus at 4:21 p.m., City Council recessed the meeting to closed session for the
                purposes above. Present: K. Bennett, R. Lane, D. McAllister and G. Thomasian.
                Absent: R. Gibbs.

                                          5:00 PM WORKSHOP

W1.       Development Services Fee Study

Building and Safety Director Allen Brock introduced Kate Wilson, Willdan Financial, and City staff. He
gave a summary of the study and fee changes. Public Works Director Pat Thomas also provided
explanation.

Council Members discussed the fairness and defensibility of a fixed fee, the time frame for conversion
from the deposit system, and receipt of input from the development community and Economic
Development. Mr. Brock responded that the City has received complaints regarding the deposit
system, that the difficulty with the deposit system is tracking of staff time, that the majority of cities are
on a flat fee system, with Riverside County being the largest organization on the deposit system, and
that staff will review fees annually. City Manager Rick Dudley said there are management costs that
are not being accounted for and not getting recouped on the deposit fee system.

Allen Davis, Retail Development Advisors, Yorba Linda, said a fixed fee system is better for the
developer, allowing improved budgeting.

Mayor G. Thomasian announced a public hearing regarding fees will be held at the November 3 City
Council meeting.

                                      6:00 PM REGULAR MEETING

CALL TO ORDER: Mayor Gary Thomasian called the meeting to order at 6:15 p.m.

ANNOUNCEMENT OF CLOSED SESSION ACTION

City Attorney Leslie Devaney announced there were no reportable actions from closed session.
City of Murrieta Minutes                                                                  October 20, 2009


ROLL CALL: K. Bennett, R. Lane, D. McAllister and G. Thomasian. Absent: R. Gibbs.

PLEDGE OF ALLEGIANCE

INVOCATION:            Pastor Patrick Daniels, Zion Apostolic Church

PRESENTATIONS:

P1.       Proclamation Commending Sonia Strong for her involvement and dedication to the
          community

Mayor G. Thomasian recognized Sonia Strong for her involvement and dedication to the community
and presented her with a proclamation.

P2.       Recognition of Webelos Den 20 from Murrieta Pack 307 and Pack Leaders Mr. Kerr and
          Mr. Farr.

Mayor G. Thomasian asked the City Council to join him in welcoming Webelos Den 20 to the Council
meeting.

APPROVAL OF AGENDA
              It was moved by D. McAllister and seconded by R. Lane to approve the agenda.
Action:
              AYES:           K. Bennett, R. Lane, D. McAllister and G. Thomasian
              NOES:           None
              ABSENT:         R. Gibbs


COMMUNITY REPORT: Murrieta Valley High School - Shaina Vidal said the Homecoming Football
game was held on October 16; students participated in “Making Strides Against Breast Cancer” walk
on October 18; and will be participating in events for “Red Ribbon Week” (Say No to Drugs) October
16 through October 23.

PUBLIC COMMENTS:

Barbara Nugent, Murrieta, gave an update on the Community Cares program, saying they have
cleaned a total of 121 homes.

DEPARTMENT/COMMISSION ANNOUNCEMENTS:

Community Services –       Manager Debbie Tharp announced Murrieta’s Fall Spooktacular event with a
                           Haunted House, designed and operated by the Youth Advisory Commission,
                           at the Murrieta Public Library, Garden of Verses, on October 23-24 from 5:30
                           – 8:30 p.m. In addition a carnival will be held at Town Square Park on
                           October 24 from 5:30 to 8:30 p.m.

Fire – Fire Chief Christman introduced Art Durbin, EMS Coordinator, who gave an update on the
       H1N1 virus and preventive methods.




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City of Murrieta Minutes                                                                     October 20, 2009


GOVERNING BODY ANNOUNCEMENTS:

Lane:           Visited Lisa J. Mails Elementary School and spoke to third graders on October 8.
                Participated in the turnover of new homes to owners from an infill project in the Historic
                        Downtown area.
                Attended the ground breaking ceremony for the Murrieta Education Center on October
                        15.
                Participated in the “Making Strides Against Breast Cancer Walk” on October 18.
                Attended the High Speed Rail Community Meeting on October 19.
                Thanked the Boy Scout Troop for being at the City Council meeting and commented on
                        how well behaved the scouts were.
                Conveyed that his daughter, Chelsea Bo, has a role in the play, Frosty, at Murrieta
                        Valley High School and to visit the schools’ website for more information.
                Relayed the he mowed and weeded two lawns in his neighborhood.

 Bennett:       Attended the ground breaking ceremony for the Murrieta Education Center on October
                       15.

 McAllister:     Visited the opening of the new building for Safe Alternatives for Everyone on October
                        8.
                 Attended the ground breaking ceremony for the Murrieta Education Center on October
                        15.
                 Attended the Murrieta Chamber’s Business Expo.

 Thomasian: Congratulated the Students of the Month.
            Recognized and thanked the parents of the Webelos Den 20 for the support they give
                  to the scouts.
            Attended the ground breaking ceremony for the Murrieta Education Center on October
                  15.
            Attended the High Speed Rail Community meeting on October 19.
            Attended a Murrieta Connects meeting with City staff.

The meeting recessed at 6:50 p.m. and reconvened at 7:05 p.m.

7:00 PM CONSENT CALENDAR - APPROVAL OF ITEMS C1-C11

Action:     It was moved by D. McAllister and seconded by R. Lane to approve Consent Calendar
            Items C1-C-11. On roll call, the vote was:
            AYES:     K. Bennett, R. Lane, D. McAllister and G. Thomasian
            NOES:     None
            ABSENT: R. Gibbs

C1.         Waived Reading of All Ordinance Introductions on this Agenda and Read by Title
            Only

C2.         Minutes

Action:     Approved the City Council Minutes of the 5:15 p.m. Closed Session and 6:00 p.m. Regular
            Meeting on October 6, 2009 and the Fire District Minutes of the 6:00 p.m. Regular Meeting
            on September 1, 2009.




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City of Murrieta Minutes                                                                    October 20, 2009


C3.         Check Register - September, 2009

Action:     Adopted Resolution No. 09-2384, ratifying and approving the Check Register in the
            amount of $7,085,679.67 (check numbers 83270-83894) for the month of September,
            2009.

C4.         I-15/California Oaks Road Interchange Project

Action:     Adopted Resolution No. 09-2385, authorizing the approval of Contract Amendment No. 5
            to RBF Consulting to address changes to the project Scope of Services in the amount of
            $151,918.

C5.         Real Property Exchange Agreement with Murrieta Real Estate Investors

Action:     Adopted Resolution No. 09-2386, approving the Real Property Exchange Agreement
            between the City of Murrieta and Murrieta Real Estate Investors for parcels associated with
            I-15/French Valley Parkway Improvements Project.

C6.         Clinton Keith Road Interim Sidewalk - Notice of Completion

Action:     Adopted Resolution No. 09-2387, accepting the construction of the Clinton Keith Road
            Interim Sidewalk project as complete, and directing the City Clerk to record a Notice of
            Completion and release bonds in accordance with State Law and City Ordinances.

C7.         Acceptance of Public Improvements in Parcel Map 12442, Parcels 1 through 4 (Avi
            Properties)

Action:     Adopted Resolution No. 09-2388, accepting the public improvements in Parcel Map 12442,
            Parcels 1 through 4.

C8.         Traffic Safety Grant

Action:     Adopted Resolution No. 09-2389, accepting the State of California Office of Traffic Safety
            “Selective Traffic Enforcement Program” grant and authorizing Finance to increase the
            Police Department’s budget by $101,388 in order to fund overtime, equipment, and travel
            associated with award of the grant.

C9.         Agreement with Emanuels Jones and Associates

Action:     Adopted Resolution No. 09-2390, approving an Agreement with Emanuels Jones and
            Associates for state lobbying services in the amount of $40,000.

C10.        Public Safety Staffing Changes

Action:     Adopted Resolution No. 09-2391, authorizing the conversion of four part-time Public Safety
            Dispatcher positions to two full-time Public Safety Dispatcher positions; authorizing the
            hiring of two additional Firefighter/Paramedics; and authorizing the preparation of an
            updated Classification and Compensation Index to reflect the changes.

C11.        Contract for Fire Station #3 Soffit Repair




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City of Murrieta Minutes                                                                        October 20, 2009


Action:      Adopted MFD Resolution No. 09-118, awarding the contract for Fire Station #3 Soffit Area
             Repairs to Bechtel Property Services, Inc. in the amount of $44,574.

Action:      By consensus, a break was taken from 7:44 p.m. to 8:00 p.m.

PUBLIC HEARINGS:

PH1.      Appeal 009-2817 of the Planning Commission's Denial of Revised Permit 008-2752;
          Gimel Properties

City Planner Cynthia Kinser presented the staff report. She indicated staff met with the applicant, and
the applicant is in agreement to revise the project to a beer and wine tasting store.

Mayor G. Thomasian opened the public hearing.

Steve Rawlings, speaking on behalf of Gimel Properties, indicated the applicant was in agreement.

Mayor Pro Tem K. Bennett asked staff to go over the appeal process and City Council authority when
an underlying decision has already been made on a project, and she inquired if the decision is subject
to appeal. City Attorney Perci Dugard said the Development Code allows the City Council, on appeal,
to uphold the appeal or deny the appeal subject to whatever additional conditions it wants to impose.
In this instance, the condition will be to limit the store to the sale of beer and wine only; no hard liquor.
Ms. Dugard said the decision tonight will be final as the City Council will not be approving anything
that is greater than what was originally proposed.

City Council Member R. Lane discussed a difference in interpretation of the requirements of the
Historic Specific Plan versus the Development Code related to distance separation. City Attorney
Perci Dugard responded that if the City Council determines that the distance separation rules do not
apply, then there is still the ruling on the public convenience or necessity finding. City Council
Member R. Lane questioned the number of licenses permitted by Alcohol Beverage Control (ABC)
within a census track for any type of alcohol sales. City Planner Cynthia Kinser said ABC limits the
number of licenses for off-site sales, saying restaurants do not count. She said currently there are
thirteen licenses for off-site sales within the census track; eleven within the city of Murrieta and two
within city of Wildomar. City Council Member R. Lane asked how much of the 13,300 square feet
Amaui Store had been allocated for beer and wine sales. City Planner Cynthia Kinser said in the
original proposal, five percent (5%) of the floor area was allocated for the sale of beer and wine. She
said that ten percent (10%) of the current 8,000 square foot store is proposed for beer and wine
tasting.

Mayor Pro Tem K. Bennett requested a break to review the proposed conditions of approval that were
just received.

Action:         By consensus, a break was taken from 7:37 p.m. to 7:55 p.m.

Police Lt. Vrooman said liquor stores stay open longer than supermarkets and have fewer employees,
and therefore are more vulnerable to crime. He indicated liquor stores are specific destinations,
whereas markets have many items that can be bought and are frequented by all types of people. In
the approval of this application, the Police Department asked that mitigating conditions be applied,
such as limiting the hours of operation.

City Council Members discussed procedural issues relative to the appeal and asked for clarification.



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City of Murrieta Minutes                                                                     October 20, 2009


Steve Rawlings said the owner of the property was hoping to open up the Amaui Market, but due to
announcement of another market opening, they decided to down scale to an 8,000 square foot facility
with beer and wine tasting and other ancillary products.

Mayor G. Thomasian asked about a market study, business model, music, and size of a specialty
market; and responses were provided.

The following public comments were received:

Barbara Nugent, Murrieta, spoke in support of a local wine tasting facility in the historic downtown
       area.
Allen Davis, The Orchards, said developers rely on printed rules and regulations; and he believes the
       Specific Plan prevails in this instance. So he encouraged the City Council to make the right
       decision.

Robert Tyler, Legal Counsel for Applicant, said this is not a new project and that the only revision is to
eliminate liquor. He said the Specific Plan supersedes the Development Code.

Mayor Pro Tem K. Bennett asked for an explanation about why this project is so unique. Mr. Tyler
answered that this wine tasting facility will offer local wines and specialty ancillary items. Ms. Bennett
had several questions about the conditions of approval, which resulted in discussion among City
Council Members and city staff. The size of the beer and wine samples, the size of the area for
tasting, and conditions on entertainment were discussed.

Mayor G. Thomasian closed the public hearing.

City Council Member D. McAllister said alcohol is permitted in the Specific Plan, which promotes
pedestrian uses; and it trumps the distance requirements in the Development Code. Therefore, he
felt the City Council could make findings of public convenience and necessity to move forward with
this project. City Council R. Lane said this project should never have come before the City Council;
and the City wants business in the downtown area, which the Codes should allow. Mayor Pro Tem K.
Bennett said clear and concise rules are needed to avoid confusion, and that quality businesses are
desired in Murrieta. Mayor G. Thomasian was happy to see the business would be using digital scan
ID verification methods and that he was disappointed that the market was not going to be constructed.
Mr. Thomasian said there have always been, and should be, conditions placed on approvals for
alcohol sales; and that the community could protest to ABC.

Action:         It was moved by R. Lane and seconded by D. McAllister to adopt Resolution 09-2392
                to uphold the appeal of the Planning Commission decision and approve Revised
                Permit 008-2752 based upon the following findings and subject to the draft conditions
                of approval presented by staff, which conditions shall be subject to final review and
                approval by the City Attorney, with further direction to staff and the City Attorney to
                prepare a final resolution for signature by the Mayor consistent with these proceedings
                and findings:

                1.   The City Council finds the public convenience or necessity would be served by the
                     proposed facility based upon the following:

                     a. The facility will be limited to a Type 20 (off-site beer and wine sales) and Type
                        42 (on-site beer and wine for public premises) licenses to allow for tasting
                        opportunities.



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City of Murrieta Minutes                                                                        October 20, 2009


                     b. The unique nature of the proposed beer and wine store with tasting facilities will
                        enhance the visitor experience in the Historic Murrieta area by both community
                        members and others;
                     c. The shop will provide tasting opportunities for local wines, thus providing
                        another avenue for exploring our rich cultural history and encouraging visitors to
                        Historic Murrieta;
                     d. The proposed facility is consistent with goals of the Historic Murrieta Specific
                        Plan “village” atmosphere and its goals of encouraging a walking environment
                        friendly to pedestrians without the nuisance activity typically associated with
                        general liquor store sales.

                2.   The Council waives application of MDC section 16.44.030 separation
                     requirements applicable to alcohol uses, to the extent the regulations would
                     preclude the location of the proposed facility.

                     (1) The standard is inappropriate for the proposed use.

                     FACTS: Application of the distance separation requirements is intended to protect
                     the public from adverse consequences associated with increased police activity
                     and other nuisance activities associated with smaller liquor stores, providing easy
                     access to alcohol. A small beer and wine store, including on-site tasting, does not
                     present the same level of exposure to such nuisance activities; and in the
                     proposed location is consistent with the City’s goal of providing for such facilities in
                     the Historic Plan area as discussed in Finding No. 1.

                     (2) The waiver or modification of the standards will not be contrary to the public
                         health, safety, and general welfare.

                     FACTS: The waiver of the separation requirements for a limited beer and wine
                     licensed facility furthers the Historic Plan area goal by providing for wine tasting
                     facilities, coupled with the City’s ability to limit an over-concentration of such
                     facilities through a public convenience or necessity finding. This ensures
                     continued ability to protect the health, safety and general welfare. The project is
                     conditioned to provide further protection through limited hours of operation, video
                     surveillance and limitation of activities that could invite nuisance behavior.

Action:         It was unanimously moved by D. McAllister, seconded by R. Lane to continue the
                meeting past 10:00 p.m.

                 3. The Conditions of Approval were modified per the public hearing, and amended
                    with the concurrence of the maker of the motion and the second as follows:

                     a. Condition No. 61 – The tasting area shall be a minimum of five percent (5%)
                        and shall not exceed a maximum of twenty-five percent (25%) of the square
                        feet of the proposed tenant site. Sale of local wines is desirable, pending
                        reasonable availability. Any expansion of this area shall require the submittal of
                        a revised permit and subject to approval by a Planning Director’s Hearing.

                     b. Condition No. 48 – Modified to read as follows: Allow amplified music indoors
                        with no dance floor and/or karaoke, no amplified music outside without approval
                        of a Temporary Use Permit (TUP).



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City of Murrieta Minutes                                                                     October 20, 2009



                     c. Condition No. 34 – Addition of: Limitation of consumption of five, 1.5 oz.
                        samples/tastes per day.

                On roll call, the vote was:
                AYES:            K. Bennett, R. Lane, D. McAllister and G. Thomasian
                NOES:            None
                ABSENT:          R. Gibbs

PH2.      Appeal 009-2818 of Planning Commission's Denial of Revised Permit 008-2751; Gimel
          Properties

Cynthia Kinser, City Planner, asked to continue this item to a date uncertain.

Action:         It was moved by D. McAllister and seconded by R. Lane to continue, to a date
                uncertain, the Appeal 009-2818 of Planning Commission’s Denial of Revised Permit
                008-2751, for a finding of public convenience or necessity to allow the sale of alcoholic
                beverages from a proposed convenience store. On roll call, the vote was:
                AYES:          K. Bennett, R. Lane, D. McAllister and G. Thomasian
                NOES:          None
                ABSENT:        R. Gibbs

GOVERNING BODY ACTIONS/COMMENTS:

Mayor Pro Tem K. Bennett asked for consensus to direct staff to look at inconsistencies between the
Specific Plan and Development Code.

                It was moved by K. Bennett and seconded by D. McAllister to direct staff to
Action:         bring back a report on November 17, 2009, regarding inconsistencies between Specific
                Plan and Development Code requirements. On roll call, the vote was:
                AYES:          K. Bennett, R. Lane, D. McAllister and G. Thomasian
                NOES:          None
                ABSENT:        R. Gibbs

ADJOURNMENT

                At 10:14 p.m., it was moved by K. Bennett and seconded by D. McAllister to
Action:         adjourn the meeting. On roll call, the vote was:
                AYES:          K. Bennett, R. Lane, D. McAllister and G. Thomasian
                NOES:          None
                ABSENT:        R. Gibbs


                                              ___________________________________
                                                    A. Kay Vinson, MMC
                                                    City Clerk




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MURRIETA FIRE DISTRICT MINUTES                                    OCTOBER 20, 2009
24601 JEFFERSON AVENUE, ONE TOWN SQUARE                           6:00 PM REGULAR MEETING
MURRIETA, CA

CALL TO ORDER: President Gary Thomasian called the Regular Meeting to order at 6:05
p.m. Present were: K. Bennett, R. Lane, D. McAllister and G. Thomasian. Absent: R. Gibbs.

APPROVAL OF FIRE DISTRICT CONSENT CALENDAR ITEMS C2 and C11

Action:       It was moved by R. Landon and seconded by D. McAllister to approve Fire
              District Consent Calendar items C2 and C11. On roll call, the vote was:
              AYES:         K. Bennett, R. Lane, D. McAllister and G. Thomasian
              NOES:               R. Gibbs

C2.    Minutes

Action:       Approved the Fire District Minutes of the 6:00 p.m. Regular Meeting on
              September 1, 2009.

C11.   Contract for Fire Station #3 Soffit Repair

Action:       Adopted Resolution No. MFD 09-118 awarding the contract for Fire Station #3
              Soffit Area Repairs to Bechtel Property Services, Inc., in the amount of $44,574.

ADJOURNMENT

Action:       The meeting was unanimously adjourned at 10:14 p.m.


                                                       _____________________________
                                                       A. Kay Vinson, MMC
                                                       Secretary

				
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