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HomeMy WebLinkAbout112602 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL NOVEMBER 26, 2002 After the Closed Session that convened at 6:00 P.M., the City Council convened in Open Session at 7:01 P.M., on Tuesday, November 26, 2002, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Councilmembers: Comerchero, Naggar, Pratt, Stone, Roberts Absent: Councilmember: None PRELUDE MUSIC The prelude music was provided by Eve Craig. INVOCATION The invocation was given by Pastor Larry Fisher of First Baptist Church of Temecula. ALLEGIANCE The flag ceremony was presented by Councilman Pratt. PUBLIC COMMENTS A. Mr. Robert Ingerston, 39775 Amberly Circle, representing American Legion Post No. 852, current Commander for the Temecula Valley, apprised the City Council of the Boys State Participatory Program - a program designed to encourage and develop deeper interest in the problems and responsibilities of government. Because of the City Council's generous support, Mr. Ingertson advised that three young men from Temecula Valley High School were able to partake in the Boys State Program. At this time, Michael Cline, George Watson, and Blake Silkwood were introduced to the City Council. Speaking for the three individuals, Mr. Blake Silkwood shared his and his colleagues experience; the pertinent knowledge received; and thanked the City Council for its support and giving him and his colleagues the opportunity to attend such a beneficial program. B. Although encouraged by the City Council's action to permit local merchants to participate in the Old Town Farmers' Market, Ms. Lorena Spencer, 41946 Fifth Street, shop owner in Old Town, reiterated her previously made concerns with regard to Old Town signage and lack of sidewalks. Mayor Roberts requested that City Manager Nelson follow up on the matter. ClTY COUNCILREPORTS A. Mayor Roberts announced that the scheduled public hearing (Item No. 10) for the Transportation Uniform Mitigation Fee (TUMF) will be continued to the January 14, 2003, City Council meeting, advising that although with revisions, the Board of Supervisors passed the TUMF and that the City and business need to review the TUMF program prior to final City Council approval. R:\Minutes\112602 1 B. Representing the City Council on the Airport Land Use Committee, Councilman Pratt stated that air travel should be viewed as another soume of mobile transportation and commented on the County's continual selling of surplus property and, thereby, potentially eliminating the possibility of a second runway at the airport. C. Councilman Comerchero wished everyone a Happy and Safe Thanksgiving. D. In response to Mayor Pro Tem Stone's concern with regard to the volume of boom boxes, Police Chief Domenoe advised that Vehicle Code Section 27007 (car amplification systems) states that such amplification may not he heard more than 50' away; and if it were, it would be viewed a violation. Mayor Pro Tem Stone encouraged stronger enforcement of this Code. In response to Mr. Stone's comment with regard to additional security at Edwards Theater, Police Chief Domenoe apprised the City Council of a recent disturbance as a result of a particular movie; advised that the Mall added additional security; that the Theater does not partake in paying for security and, therefore, has elected to hire private security; and that during the Holiday Season, an enhanced level of Police enforcement will be visible. Referencing a recent road rage incident in the City, Mayor Pro Tem Stone advised that the individual had tried calling 911 from the cell phone; that 911 calls from cell phones are immediately transferred to the Highway Patrol in San Diego; that a police report was filed; and that the Police Chief is addressing the matter. Mr. Stone requested that two non-advertised Enforce Responsible Alcohol Consumption in Temecula (E.R.A.C.I.T.) checkpoints be scheduled for the months of December and January. Police Chief Domenoe noted that the checkpoints will be set up. Commenting on the number of junk e-mails he receives and the amount of time it takes to delete them, Mayor Pro Tern Stone requested that his e-mail address be changed to JeffStone@citycouncil.orq in an effort to permit him the time to address e-mails pertaining to City business. E. Mayor Roberts informed the City Council and the public that the Orange County Transportation Authority unanimously voted to purchase the 10-mile 91 Toll lane road for $207.5 million; that the passage of Measure A will allocate $498 million of the $4.6 billion toward improvements along the 91 Corridor; and that he has been selected as one of a 10-member Advisory Committee to set up the toll lane operation, advising that lower fees, free rides, and improved interchanges will be addressed. Mr. Roberts briefly commented on the new 91 Metrolink service from North Main Street Station. In closing, Mayor Roberts advised that a City delegation will be traveling to Sacramento on December 2, 2003, for the library funding. CONSENT CALENDAR 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:\Minutes\112602 2 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of October 8, 2002. 3 Resolution Approvinq List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 02-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Consideration of Amendment to aqreement dated July 25, 20021 with Save Southwest Riverside County (SSRC) reqardin.q proposed Valley-Rainbow Project RECOMMENDATION: 4.1 Approve an amendment to the City's agreement with Save Southwest Riverside County (SSRC) to increase the amount of funding for consulting services from $25,000 to $50,000. 5 Consideration of Joint Resolution with the Temecula Valley Unified School District expressing support for the continued viability of the French Valley Airport RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 02-110 A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AND THE BOARD OF TRUSTEES OF THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT EXPRESSING SUPPORT FOR THE CONTINUED VIABILITY AND OPERATION OF THE FRENCH VALLEY AIRPORT 6 Approval of the Plans and Specifications and authorization to solicit Construction Bids for the Asphalt Crackfill Proiect - various streets for FY2002-2003 - Project No. PW02-24 RECOMMENDATION: 6.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for the Asphalt Crackfill Project - various streets for FY2002-2003 - Project No. PW02-24. R:\Minutes\112602 3 7 Liability Insurance Renewal RECOMMENDATION: 7.1 Approve the City of Temecula Liability Insurance Policy Renewal with Clarendon America Insurance Company/Arch Specialty Insurance Company, in the amount of $259,775 for general and excess liability insurance plus $2,840 for automobile physical damage insurance for a total of $262,615 for the period of December 1, 2002 through December 1, 2003; 7.2 Approve the appropriation of funds in the amount of $80,000 for the purchase of liability insurance. 8 Second Readinq of Ordinance No. 02-11 (Development Code Amendment) RECOMMENDATION: 8.1 Adopt an ordinance entitled: ORDINANCE NO. 02-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING STANDARDS FOR MODULAR STRUCTURES, ADOPTING CHAPTER 17.10 OF THE TEMECULA MUNICIPAL CODE, AND MAKING OTHER MINOR MODIFICATIONS TO THE TEMECULA MUNICIPAL CODE (PLANNING APPLICATION NO. 02-0318) (Pulled for separate discussion; see page 5.) Second Readinq of Ordinance No. 02-12 (Larqe Family Day Care Home Facility) RECOMMENDATION: 9.1 Adopt an ordinance entitled: ORDINANCE NO. 02-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING TITLE 17 RELATING TO THE STANDARDS FOR LARGE FAMILY DAY CARE HOME FACILITIES (PLANNING APPLICATION NO. 99-0382) MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1 - 7 and 9 (Item No. 8 was pulled for separate discussion; see page 5). The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. At 7:41 P M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. After a short recess, the City Council Meeting resumed with the agenda at 8:03 P.M. R:\Minutes\112602 4 CONSENT CALENDAR ITEM NO. 8 CONSIDERED UNDER SEPARATE DISCUSSION 8 Second Readinq of Ordinance No. 02-11 (Development Code Amendment) RECOMMENDATION: 8.2 Adopt an ordinance entitled: ORDINANCE NO. 02-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING STANDARDS FOR MODULAR STRUCTURES, ADOPTING CHAPTER 17.10 OF THE TEMECULA MUNICIPAL CODE, AND MAKING OTHER MINOR MODIFICATIONS TO THE TEMECULA MUNICIPAL CODE (PLANNING APPLICATION NO. 02-0318) Referencing Section 1, No. 2 (Temporary Structures), c. (the term of the temporary approval shall not exceed five years) of the proposed ordinance, Councilman Comerchero requested that the temporary approval period be amended as follows: that the initial approval shall be for five years and that after inspection to ensure adherence to conditions, approval may be renewed in five-year increments. In response to Councilman Naggar, Assistant City Attorney Curley suggested that following verbiage for c., noting that such verbiage would provide the City the discretion to possibly allow continuation or removal of the structure: the term of the temporary approval shall not exceed five years; notwithstanding the foregoing, the City may elect, in its sole discretion upon application by the owner or occupant of the subject unit, extend the term of the permit provided all criteria that existed during the time of issuance of the Development Plan or Conditional Use Permit continue to exist. MOTION: Councilman Comerchero moved to continue the adoption of Ordinance No. 02-11 to the City Council meeting of December 10, 2003, with the added verbiage to Section 1, No. 2, c., as noted above by the Assistant City Attorney. The motion was seconded by Mayor Pro Tem Stone and voice vote reflected unanimous approval. PUBLIC HEARING 10 Roripau,qh Ranch proiect and related applications: Plannin,q Application No. 94-0073- Annexation; Planninq Application No. 99-0298 - General Plan Amendment; Planninq Application No. 94-0075- Roripau.qh Specific Plan; Plannin.q Application No. 94-0075 - Chanqe of Zone; Planninq Application No. 94-0076 - Environmental Impact Report; Planninq Application No. 01-0253 - Tentative Tract Map No. 29661; Planninq Application No. 01-0230 - Tentative Tract Map No. 29353; Plannin.q Application No. 99-0299 - Development Aqreement. RECOMMENDATION: 10.1 Adopt a resolution entitled: R:\Minutes\112602 5 RESOLUTION NO. 02 -111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE RORIPAUGH RANCH SPECIFIC PLAN AND RELATED PLANNING APPLICATIONS ACTIONS AND ADOPTING THE ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND THE STATE CEQA GUIDELINES, A MITIGATION MONITORING AND REPORTING PROGRAM AND A STATEMENT OF OVERRIDING CONSIDERATIONS, IN CONNECTION THEREWITH FOR THE RORIPAUGH RANCH SPECIFIC PLAN, LOCATED NEAR THE FUTURE INTERSECTION OF BUTrERFIELD STAGE ROAD AND NICOLAS ROAD (PLANNING APPLICATION 94-0076) 10.2 Adopt a resolution entitled: RESOLUTION NO. 02-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA99-0298 (GENERAL PLAN AMENDMENT) FOR THE RORIPAUGH RANCH SPECIFIC PLAN AND ADOPTING SPECIFIC PLAN NO. 11 (PLANNING APPLICATION NO. 94- 0075) ON PARCELS TOTALING 804.7 ACRES LOCATED NEAR THE FUTURE INTERSECTION OF BUTDERFIELD STAGE ROAD AND NICOLAS ROAD, AND KNOWN AS ASSESSOR PARCEL NOS. 957-130-001 AND 002, 957-340- 001,003, 007, 008, AND 958-260-001 AND 002 10.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 02-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, APPROVING PLANNING APPLICATION NO. 94- 0075 (DEVELOPMENT CODE AMENDMENT) AMENDING SECTION 17.16.070 TO INCLUDE RORIPAUGH RANCH SPECIFIC PLAN NO. 11, ADOPTING THE DEVELOPMENT AND ZONING STANDARDS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA, AND PRE- ZONING THE VALLEY NEIGHBORHOOD AS SPECIFIC PLAN ON PARCELS TOTALING APPROXIMATELY 804.7 ACRES LOCATED NEAR THE FUTURE INTERSECTION OF BUTTERFIELD STAGE ROAD AND NICOLAS ROAD, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 957- 130-001 AND 002, 957-340-001, 003, 007, 008, AND 958-260- 001 AND 002 10.4 Introduce and read by title only an ordinance entitled: R:~Minutes\112602 6 ORDINANCE NO. 02- 14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND ASHBY USA, LLC" FOR RORIPAUGH RANCH SPECIFIC PLAN (PLANNING APPLICATION NO. 99-0299) 10.5 Adopt a resolution entitled: RESOLUTION NO. 02-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01- 0230 - TENTATIVE TRACT MAP NO. 29353, A SUBDIVISION OF 804.7 ACRES INTO 39 LOTS AND 8 STREET LOTS WITHIN THE RORIPAUGH RANCH SPECIFIC PLAN LOCATED NEAR THE FUTURE INTERSECTION OF BU'I-FERFIELD STAGE ROAD AND NICOLAS ROAD, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 957-130-001 and 002, 957-340-001, 003, 007, 008, AND 958-260-001 AND 002 10.6 Adopt a resolution entitled: RESOLUTION NO. 02-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA01-0253 ('l-rM 29661), FOR THE SUBDIVISION OF 158 ACRES INTO 509 RESIDENTIAL LOTS AND 20 OPEN SPACE LOTS WITHIN PLANNING AREAS lA, 1,B, 2, 3, 4A, 4B, 5, 6, 7A, 7B, 7C, 8, and 9A OF THE RORIPAUGH RANCH SPECIFIC PLAN; LOCATED NEAR THE FUTURE INTERSECTION OF BUTTERFIELD STAGE ROAD AND MURRIETA HOT SPRINGS ROAD, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 957-130-001 AN D 002, 957-340-001,003, 007, 008 in response to Mayor Roberts' query, Mr. Everett, the developer's representative, confirmed that the applicant was prepared to move forward with the project. Staff presented the project plan and addressed the queries of the City Council Via overheads, Project Planner Naaseh provided an overview of the proposed Roripaugh Ranch Project (per the staff report), specifying the following: · The surrounding land uses; · The proposed density at 2015 units; · The associated road improvements, including off-site improvements; R:\Minutes\112602 7 For Mayor Pro Tem Stone, clarified the CFD's and the developer's contribution towards the road improvements which would be approximately split between the entities; In response to Mayor Pro Tem Stone, clarified Planning Commission Chairman Chiniaeff's desire to have Calle Contento traverse through the project site, clarifying that the traffic study for this project was conducted without this connection, Deputy Director of Public Works Parks further noting the wine country property owners' strong opposition to this connection which resulted in the recommendation to eliminate the connection; and relayed that the roads in this project (on the loop road) would be private. Mayor Roberts provided additional information regarding the determination to not open up Calle Contento, clarifying that this connection would devastate the winegrowers property; For Councilman Comerchero, clarified the Planning Commission's recommendation to have Nicolas Road improved to four lanes at a specific location, which the applicant was not in agreement with; noted that there was no nexus with the project to require the additional lane, confirming that it could be required via the DA with the applicant's agreement; For Councilman Naggar, Deputy Director of Public Works Parks specified that the CFD would include approximately $35 million towards improvements, and the applicant's portion would be approximately $30 million; and For Mayor Roberts, noted that the Roripaugh residents would be the only residents assessed in this particular CFD, Deputy Director of Public Works Parks specifying the alternate road improvements which would be installed by agreement with the Shea Homes Development; and confirmed that an additional $2.7 million would be received from the County for road improvements; For Councilman Naggar, Project Planner Naaseh provided additional information regarding the issue of the location of the school sites, advising that the School District and staff have worked together and are in agreement with the proposed locations, noting that due to the topography of the property, these locations were the best-suited sites; In response to Councilman Naggar, confirmed that this proposed project did not include apartments; The proposed trail system with three trail networks which provided connections to alternate portions of the project; For Councilman Naggar, specified the location of the concrete surface trails; and relayed that the multi-purpose trail would be open to the public. · The sidewalks and parkways; For Councilman Comerchero and Mayor Roberts, noted that while the Public Works Department was in favor of sidewalk-adjacent curbs due to liability and safety issues, that staff would pursue the desire of the City Council, advising that with this project liability issues regarding the sidewalks and parkways would fall within the HOA since the roads were private; Mayor Roberts relayed that he considered curb-separated sidewalks safer with respect to saving lives and having pedestrians further from the roadway; For Mayor Pro Tem Stone, Project Planner Naaseh specified that the grass area separated from the sidewalk would be the HOA's property and not the homeowners, confirming that curb-adjacent sidewalks would increase the size of the property owners' useable lot; R:\Minutes\112602 8 For Councilman Comerchero, Deputy Director of Public Works Parks confirmed that certain species of trees could be installed which would reduce the maintenance issues; noted that staff was in support of the curb-separated sidewalks on the public roads within this particular project. City Manager Nelson provided additional information regarding curb-separated sidewalks which has been an important design component to the City Council in the past, stating that staff would pursue the direction of the City Council; For Councilman Naggar, Project Planner Naaseh advised that implementation of the curb-separated sidewalks would not impact the number of lots in the project; Councilman Pratt noted his support of the curb-attached sidewalks; and For Mayor Pro Tem Stone, Project Planner Naaseh noted that in previous Specific Plans there have been a wider parkways, but due to the topography of this project site, and since parkways would utilize the buildable area, staff was recommending larger trees to compensate for the narrower parkways; · Open Space; For Councilman Naggar, specified the location of the 201 acres of Open Space, providing additional information regarding the dedication plan of this property which involved the Resource Agencies, advising that to have this land within the City limits, the State and Federal Agencies involved would have to be addressed; Councilman Naggar relayed that per discussions with the applicant, the applicant was willing to dedicate this land to the City along with an endowment of $450,000 for maintenance, advising that the County would need to be in agreement and meetings have been tentatively scheduled to address this issue on December 9th with Supervisor Venable, which would be held if it was the desire of the City Council to pursue this concept. Mayor Pro Tem Stone applauded Councilman Naggar for investigating the issue of accepting a dedication from the developer of the 201 acres of Open Space, noting the plethora of benefits in pursuing this concept. Director of Community Services Parker noted his full support of pursuit of the Open Space property. City Manager Nelson recommended that if the City pursued the dedication of this property that the City should be in place to receive the funding mechanism for maintenance in addition to the developer's offer for maintenance monies; and Project Planner Naaseh specified the connectivity this project's Open Space would provide with alternate Open space areas which provide real habitat value; · The buffering; Noted the Planning Commission's recommendation to reduce the project by seven or eight lots to increase the buffering, specifying the Planning Commission's recommended changes (per the staff report). Mayor Roberts noted his support of these recommended revisions; · The Development Agreement (DA); Relayed an overview of the major deal points as per agenda material, i.e., the CFD, the road improvements; For Councilman Naggar, specified that the Agreement Fee would be $1500 a unit for residential, and $3 per square foot for commercial; For Councilman Comerchero, clarified the credits applicable to the applicant for Public Art (based on the developer's proposed plan), specifying the timing requirements for the receipt of the Art Plan (at 300 units) and installation of the plan (at 509 units); R:\Minutes\112602 9 For Mayor Pro Tem Stone, sp&cified the location of the proposed Fire Station, noting that staff would be pursuing a Joint Agreement with the County regarding Operations and Maintenance (O and M), Deputy Director of Public Works Parks providing additional information regarding the CFD's expected funding, City Manager Nelson confirming that if the City Council approves the project, staff would move forward with the financing of the CFD; In response to Mayor Pro Tem Stone, clarified that as soon as an assessment district was formed, $2 million would be set aside for the Fire Station; Battalion Chief McBride provided additional information regarding the Agreement with the County, City Manager Nelson advising that the developer has offered monies up front for the design work, acknowledging the benefits to the public in expeditiously pursuing the construction of the Fire Station; For Councilman Naggar, City Manager Nelson relayed that if the Fire Station Project was delayed the developer could construct a temporary fire facility until such time as the permanent station was constructed; and noted staff's agreement to postpone the requirement of the Fire Station to the issuance of the 250th building permit; and For Mayor Pro Tern Stone, City Manager Nelson relayed the importance of the City being in control of the design and construction of the Fire Station due to long-term public safety benefits of this particular project, Battalion Chief McBride advising that staff was prepared to move forward with the Fire Station as soon as the applicant was prepared, noting the subsequent process which would take between three to six months. · The certification of the EIR; In response to Councilman Naggar, relayed LAFCO's readiness to beginning annexation proceedings as soon as the project was approved; · The Planning Commission's recommendations (as per denoted in the staff report) Specified the Planning Commission's discussions regarding concern with respect to the aesthetic issues associated with the fencing along the south side of Planning Area 13 proximate to the habitat area; and noted that the chain-link fencing on top of the block wail could be replaced with glass; Councilman Naggar concurred with the negative visual impacts of chain-linked fencing, querying whether split-rail fencing with wire meshing would be appropriate on top of the block wall; For Councilman Naggar, specified that either the split-rail fencing with the mesh screen or the glass wall would need to be approved by the Resource Agencies, advising that staff would add these concepts to the Specific Plan as well as the requirement that the wall be decorative; and advised that staff would add this language with elements of flexibility due to this revision requiring agency approval; Assistant City Attorney Curley provided additional relationship between the DA, the annexation, and the City Council's action. The applicant's representatives provided an overview of the project plan Mayor Roberts read into the record a portion of a letter dated August 27, 2002 from the applicant, addressed to Shawn Nelson, which stated, "I agree with the Deal Points recommended by the Subcommittee and City staff." Via overheads, Mr. Everett presented the proposed project, specifying the following: R:\Minutes\112602 10 · The project's monument treatments; · The gated elements of the community with staffed, Opticom, and card reader gating; Noted the detailed articulation on the staffed entries, i.e., the bronze materials, the tile entries, which would also be reflected on the recreation center buildings, the park buildings, the fire station, and the schools, as well as the commercial buildings. The recreation centers (which would include fitness centers, aerobics, saunas, billiard rooms, ballrooms, bistro and coffee areas), the schools, and the parks; Presented the layout of one of the recreation centers which included a junior Olympic pool, a "Mommy and Me" pool, tennis courts, and a full park area; Specified the paseo and trail system links to the recreation center and the parks; Relayed the layout of the park facilities; Noted the location of the school sites, advising that the HOA would be maintaining the landscaping, the second recreation center, the "Mega" Center which included a free form pool, a "Mommy and Me" pool, approximately eight spas, tennis courts, ballrooms, and bistros which would be accessible via the trail system; and For Mayor Roberts, specified the path of the equestrian trails, including the location where horses would cross the street, noting that the applicant could install gates and pedestrian signal buttons designed for the height of an individual while sitting on a horse; additionally noted that horses could also cross at the creek laterally, advising that the Water Quality Board would allow a chain fencing with pipe to keep the horses in a certain area and the HOA would clean up the horse litter in this area; The Open Space which would be taken over by an entity agreeing to the Maintenance Agreement, advising that in the interim period, the applicant would serve as the managers of this of this area; and noted that if the City desired to accept the dedication of the 201 acres, the area could be City-controlled; Mr. Everett presented a list of issues i.e., 15 items (per supplemental agenda material) the applicant was in disagreement with in the current DA, specifying the following: Requested that the Fire Department which was currently required to be constructed prior to the 250~ building permit not be required until prior to occupancy of the 250~h unit, subject to the discretion of the Fire Chief and/or the Publics Works Director which would maintain the same control to the City; For Mayor Roberts, City Manager Nelson relayed the difficulties in restricting buyers from moving into their new homes if the construction of the Fire Department was not complete, advising that staff did not recommend revising this requirement; For Mayor Pro Tem Stone, Assistant City Attorney Curley provided additional information regarding revising this requirement. Battalion Chief McBride provided an overview of agreements with the developer to ultimately postpone these particular requirements to prior to the issuance of the 250t' building permit, City Manager Nelson noting that this was agreed to in the past by the applicant, Battalion Chief McBride adding that the five-minute response time and the secondary access requirement prior to the issuance of the 250~ building permit was agreed to at the Planning Commission hearing. In response, Mr. Everett conceded that the applicant had agreed to this requirement and was now requesting a revision. R:\Minutes\112602 11 With respect to the Planning Commission's recommendation to install curb-separated sidewalks on local streets, relayed that to implement this element would require major redesigning which would negatively impact the CFD; Mr. Peter Olah, representing the applicant, noted that with implementation of this element the project would be reduced by 12 to 15 lots; For Councilman Naggar, confirmed that the public streets would have curb- separated sidewalks, Project Planner Naaseh specifying every street in the project proposed with curb-separated sidewalks. With respect to non-standardized-sized street trees, noted the condition requiring 36-inch to 60-inch box trees on the non-arterials, opining that this was not an equitable condition; For Mayor Pro Tem Stone, Project Planner Naaseh relayed that the 36-inch box trees were required on the major roads and on A Street and B Street; and specified that the 48-inch to 60-inch box trees were only proposed at the intersections and not on the parkways; For Assistant City Attorney Curley, Project Planner Naaseh confirmed that these requirements were specified in the Specific Plan which would be translated into the maps. The applicant agreed to the tree requirements after the clarification provided by Project Planner Naaseh. With respect to the one-story, two-story issue, relayed the applicant's opposition to a mandated percentage of one-story homes, but preferred to allow the issue to be market driven; For Councilman Naggar, noted that the applicant would not be in agreement to a ten to fifteen percent (10-15%) one-story unit requirement; Project Planner Naaseh clarified that the City Attorney had stated that there could be no mandate regarding a certain percentage of single-story units; and The City Council concurred that the implementation of one- or two-story units should be market driven with an expectation that there would not be all two-story units. Offering clarification, Project Planner Naaseh noted that when the product review was conducted at the Planning Commission level, the Planning Commission expected the applicant to have included a reasonable number of single-story units, which was clearly relayed to the applicant at the Planning Commission hearings. The City Council concurred with this expectation. With respect to the requirement to install the full intersection improvements prior to the issuance of the lS~ building permit, relayed the applicant's desire to postpone this requirement until prior to the issuance of the 250th building permit, and that the installation of the north and southbound through lanes on Winchester Road not be required by the applicant; Project Planner Naaseh clarified that there were three intersections the applicant was being required to improve, e.g., Nicolas RoadA, Vinchester Road, Nicolas Road/General Kearny Road, and Butterfield Stage Road/Rancho California Road, advising that this project's fair share contributions from other intersections have been applied to these three intersection improvements which had an equal net effect; For Councilman Naggar, Project Planner Naaseh specified that only the Nicolas Road and General Kearny Road intersection improvements were required prior to the 1st building permit, the other improvements required by approximately the issuance of the 510th building permit; R:\Minutes\112602 12 For Councilman Naggar, Mr. Everett suggested that the adjacent shopping center owner be required to install the through lanes on Winchester Road in lieu of this project. Councilman Comerchero interjected at this point in the hearing, that the developer should work with staff regarding these issues of dispute (as per the supplemental agenda material) due to the City Council's lack of adequate information, and that if some items are brought back to the City Council at a future point, that the Council be provided with data with respect to each issue. Mr. Everett reiterated his desire to discuss with the City Council the fine-tuning of the Development Agreement. For clarification, Assistant City Attorney Curley relayed that all the items of dispute denoted (per the supplemental agenda material), were not DA issues, specifying which issues were deal point issues, and confirming for the City Council that City legal staff would expend diligent efforts to cooperate in the finalizing the DA with the applicant. Continuing his presentation regarding the DA issues of disagreement, Mr. Everett specified the following: The applicant's desire to impose a $5,000 a day penalty for the contractor of the Fire Department if the contractor could not complete the Fire Station in a 12-month period, stating that it was his understanding that Battalion Chief McBride was not opposed to this recommendation; City Manager Nelson recommended that the same procedure as was followed in all Public Works contracts (which addressed liquidated damages) be pursed with this project, opining that this item should not be added to the DA; It was the consensus of the City Council that the liquidated damage issue should not be included in the DA; Relayed the applicant's desire that if reclaimed water was not available at the time the trunk lines were installed in the CFD, then the reclaimed water not be required to be implemented, rather than the current requirement that if at any time in the future reclaimed water comes within 300 feet of the project the applicant would be required to add reclaimed water; Noted the applicant's disagreement with the requirement to contour grade which remained in the Mitigation Monitoring Program; Assistant City Attorney Curley.noted that if a requirement was pulled from the Mitigation Monitoring Program a finding would need to be made justifying the rationale for such (per CEQA requirements). Relayed the applicant's desire to be exempt from TUMF fees due to an additional $8 million out-of-pocket expense which would place the project upside down financially; Specifying the improvements proposed on Nicolas Road and Butter'field Stage Road which are above and beyond the nexus requirements, requested that these requirements be revised to state that the applicant shall be required to construct Nicolas Road as four lanes from Winchester to Butterfield Stage Road, and to only improve Butterfield Stage Road half-width while the applicant would still be willing to complete all the grading; For Councilman Pratt, Deputy Director of Public Works Parks clarified that the Public Works Department strongly opposed the elimination of the four-lane improvements to R:\Minutes\112602 13 Butterfield Stage Road, advising that to eliminate this improvement in order to install an additional lane on Nicolas Road was not rational with respect to addressing traffic (per the traffic analysis for this project). Project Planner Naaseh added that Butterfield Stage Road being improved to four lanes had been included as part of the project description in the Specific Plan and the EIR. Councilman Pratt relayed that the City Council did not have enough information to address all the issues of dispute in the DA, advising that typically the applicant works with staff regarding these issues prior to a hearing; and advised that he could not address these items without further data. Regarding the applicant's request to include the fast tracking of the JPA in the DA, Assistant City Attorney Curley relayed that the current form of the JPA does not include any of the on-site development, but solely off-site development. Deputy Director of Public Works Parks relayed the need for this element due to Butterfield Stage Road City Manager Nelson recommended that the same procedure as was followed in all Public Works contracts (which addressed liquidated damages) be pursed with this project, opining that this item should not be added to the DA; It was the consensus of the City Council that the liquidated damage issue should not be included in the DA; Relayed the applicant's desire that if reclaimed water was not available at the time the trunk lines were installed in the CFD, then the reclaimed water not be required to be implemented, rather than the current requirement that if at any time in the future reclaimed water comes within 300 feet of the project the applicant would be required to add reclaimed water; Noted the applicant's disagreement with the requirement to contour grade which remained in the Mitigation Monitoring Program; Assistant City Attorney Cudey noted that if a requirement was pulled from the Mitigation Monitoring Program a finding would need to be made justifying the rationale for such (per CEQA requirements). Relayed the applicant's desire to be exempt from TUMF fees due to an additional $8 million out-of-pocket expense which would place the project upside down financially; Specifying the improvements proposed on Nicolas Road and Butterfield Stage Road which are above and beyond the nexus requirements, requested that these requirements be revised to state that the applicant shall be required to construct Nicolas Road as four lanes from Winchester to Butterfield Stage Road, and to only improve Butterfield Stage Road half-width while the applicant would still be willing to complete all the grading; For Councilman Pratt, Deputy Director of Public Works Parks clarified that the Public Works Department strongly opposed the elimination of the four-lane improvements to Butterfield Stage Road, advising that to eliminate this improvement in order to install an additional lane on Nicolas Road was not rational with respect to addressing traffic (per the traffic analysis for this project). Project Planner Naaseh added that Butterfield Stage Road being improved to four lanes had been included as part of the project description in the Specific Plan and the EIR. Councilman Pratt relayed that the City Council did not have enough information to address all the issues of dispute in the DA, advising that typically the applicant works with staff regarding these issues prior to a hearing; and advised that he could not address these items without further data. R:\Minutes\112602 14 Regarding the applicant's request to include the fast tracking of the JPA in the DA, Assistant City Attorney Curley relayed that the current form of the JPA does not include any of the on-site development, but solely off-site development. Deputy Director of Public Works Parks relayed the need for this element due to Butterfield Stage Road being half in the County, advising that this was all part of the CFD. Assistant City Attorney CUrley advised that this would need to be amended to address this issue. For Mayor Pro Tern Stone, Project Planner Naaseh confirmed that the project's fair share of improvements were consolidated and applied to the three intersections previously specified. In response to Mayor Pro Tem Stone, Assistant City Attorney Curley confirmed that if Butter[ield Stage Road was only improved half-width, the EIR would most likely need to be re-circulated, advising that the four-lane improvement had been included in all the analysis, which was a fundamental point and would most likely constitute a substantial change. Councilman Naggar recommended that there be investigation as to an avenue for improving both Nicolas Road and Butterfield Stage Road to four lanes. At 10:22 P.M. the City Council meeting recessed, reconvening at 10:34 P.M. The public was invited to comment The following individuals commented on the project: o Mr. Edwards Cecile o Mr. Hans Kerncamp 31250 Nicolas Road 39055 Liefer Road The above-mentioned individuals commented regarding the project, as follows: Recommended that Nicolas Road be improved to four lanes (as a requirement of this project), noting strong opposition to neighboring properties being assessed for this improvement at any time in the future; Noted opposition to a horse trail traversing over a four-lane roadway; Commented that the project had greatly improved from the proposal a year ago, commending the City Council and the staff; Relayed that a commitment had been made earlier in the project's process that there would be no construction traffic on Nicolas Road, clarifying the strong opposition to construction traffic on Nicolas Road; That due to the Planning Commission's recommendation to shift the size of the lots in order to attain improved buffering on the eastern portion of the project, it appeared that the one-acre lots on the western portion would be reduced to half-acre lots, noting opposition to this revision; With respect to the statement of overriding consideration, queried the public benefits of the project to the City residents residing in Nicolas Valley; Suggested that in lieu of the extremely costly articulation elements at the staffed/gated entry, that those monies be applied towards improving Nicolas Road. Mayor Roberts closed the public hearing at this time. The City Council relayed closinq remarks Mayor Pro Tem Stone commented regarding the ten-year process with this project, noting staff's, the applicant's, and the City Council's diligent efforts during this period of time; relayed that it was atypical for the City Council to address points of contention between the applicant and staff as it related to the DA during a public hearing; noted that he would clarify his opinion regarding the deal R:\Minutes\112602 15 point issues which had been raised, and with City Council consensus would propose to the applicant to accept these proposals or have this agenda item continued. In response to Mr. Cecile's comments, Mayor Pro Tem Stone noted that there would need to be a two-thirds majority vote for the formation of an assessment district, relaying assurance that the City would not arbitrarily assess the adjacent property owners for improvements to Nicolas Road. Mayor Pro Tem Stone recapitulated the City Council's direction (which is specified in the motion associated with this item; see pages 18-19, in the bulleted section) concerning each of the 15 items of dispute associated with the DA. Additional discussion ensued regarding TUMF, City Manager Nelson relaying that staff's recommendation would be that the developer be subject to TUMF, and be eligible to receive credits applicable per the TUMF Program. For Mayor Pro Tern Stone, Assistant City Attorney Curley relayed that in each of the recent Specific Plan Development Agreements there were different aspects to the deal points due to each project bringing different components to the table, advising that with all the agreements, including this DA, the direction and the philosophy were the same, overall. For the City Council, City Manager Nelson provided additional information regarding staff's position that this project not be exempt from TUMF; clarified that at this time, the City has better information then when the previous Harveston and Wolf Creek Development Agreements were negotiated; and for Councilman Naggar, relayed additional information regarding the Board of Supervisors adopting the TUMF Fee today, November 26, 2002, which provided specificity regarding which road improvements would be included in the TUMF network. In response to Councilman Naggar, the City Council noted their concurrence that the City should pursue with the County acceptance of a dedication from the developer of the 201 acres of Open Space, as offered by the applicant. Councilman Pratt noted his support of the project being subject to TUMF. For Councilman Naggar, Deputy Director of Public Works Parks provided additional information regarding Nicolas Road, Councilman Naggar recommending that the need for widening Nicolas Road to four lanes be investigated prior to the CIP process. City Manger Nelson confirmed that Director of Public Works Hughes had stated that Nicolas Road, improved as proposed with this project, would address the build out traffic of Roripaugh Ranch. Councilman Comerchero noted that while he was disappointed with the lack of curb-separated sidewalks in the project, as well as uncomfortable with the proposed improvements for Nicolas Road which could create a bottleneck situation, that with the project being subject to TUMF, he would concede regarding the curb-separated sidewalks and the Nicolas Road proposal, and could support the project, as discussed. Mayor Roberts relayed that he was pleased with the Planning Commission's recommendation whereby seven or eight lots were reduced from the project in order to increase the buffering; noted concern regarding the equestrian crossing, recommending that either the creek crossing or the signal placement for individuals riding horses be pursued, as the applicant agreed to implement in his previous statements; noted that while he was a proponent of the curb-separated sidewalks, he could support the project, as specified by the City Council. R:\Minutes\l 12602 16 The City Council concurred that the amenities Mr. Everett specified as being included in the recreation centers (as stated during his preseptation and on the taped record of the hearing) should be included in the DA as a deal point. Assistant City Attorney Curley clarified that traditionally the City Council has dealt with all the documents of a project at one time, i.e., a certified EIR, first readings of the Ordinances for the DA, and the maps; confirmed, for Mayor Pro Tem Stone, that the Ordinances would not become law until the second reading of the ordinances; in response to Councilman Comerchero's queries regarding whether the City Council could approve the project subject to the approval of the DA, recommended that when the DA comes back to the City Council that the document come back signed; noted that for the documents to be deemed legal there can be no changes after the second reading, advising that while the City Attorney could diligently cooperate with the finalizing of the DA, the matter would not be brought back to the City Council until there was a final document; and confirmed that the amenities the applicant included in his presentation regarding the recreation centers and the park facilities would be included in the DA. Reopening the public hearing, the City Council invited the applicant to respond to the direction the City Council had provided (which is specified in the motion; see pages 18-19, in the bulleted section.) Mr. Richard Ashby, the applicant, relayed the rationale for the opposition to the project being subject to the TUMF Fees, imploring the City Council to exempt the project as was done with the Wolf Creek and Harveston Projects. Mr. Everett specified the road improvements the developer would be implementing which would not be credited towards TUMF, noting the $8 million additional fees the developer would have to pay, in part due to the bridge projects not qualifying for credits. Mr. Ashby provided additional information regarding his opposition to being subject to TUMF, noting the applicant's costs of $1 9.4 million above the project's nexus. City Manager Nelson noted the importance of TUMF from a regional perspective. Additional discussion ensued regarding this project being subject to TUMF, Councilman Comerchero noting the importance of the fee being a standardized fee. Mr. Ashby noted that Supervisor Venable stated to him that this particular project should be exempt form TUMF due to the plethora of road improvements being implemented. In response, Councilman Comerchero advised that the board would determine the project's credits towards TUMF. Mayor Pro Tem Stone clarified that with the limited data, in particular regarding TUMF, the City Council was willing to support the project, as stipulated, with TUMF, noting that if the applicant was not satisfied, that this agenda item would need to be continued until the project could come back to City Council with a signed DA which the applicant and staff were in agreement with. Mr. Everett reiterated the applicant's desire to not improve Butterfield Stage Road to the full width, imploring the City Council to consider amending this requirement. In response to Council query, Assistant City Attorney Curley relayed that the City Council has noted its support of the Development Agreement (DA), as stipulated, which would come back to the City Council when, and if, the document was signed. Mayor Pro Tem Stone advised that it would be more prudent to have the applicant's agreement to the DA (as presented by staff, and amended by the City Council) prior to the attorney expending time to draw up a document that the applicant wou~d not be willing to sign. in response, Assistant City Attorney Curley confirmed that if the applicant expressed his unwillingness to sign the document, then it would be a mute point to prepare it. R:\Minutes\112602 17 The City Council clarified for the applicant that the City Council would not support the project without the applicant's agreement to the Development Agreement, as stipulated. Assistant City Attorney Curley clarified the link the DA had with the alternate documents associated with the project, advising that there was integration between the entitlement and the documents. Mayor Roberts queried the applicant as to whether he agreed to the DA, as specified by staff, and amended by the City Council. After additional discussion, Mr. Ashby, the applicant, agreed to the DA, as presented by staff, and amended by the City Council. MOTION: Mayor Pro Tem Stone moved to approve the project, as presented by staff and amended by the City Council, and as agreed to by Mr. Ashby, subject to the following: That the City pursue with the County acceptance of a dedication from the developer of the 201 acres of Open Space, as offered by the applicant, as well as accepting the maintenance responsibility, and that the City pursue acquiring the funding mechanism for maintenance in addition to the developer's offer of $450,000 for maintenance; That the Planning Commission's recommendation to reduce seven or eight lots (as specified in the staff report) be incorporated into the project in order to increase the project's buffering; That the Specific Plan be revised regarding the chain-linked fencing proposed on top of the block wall along the southern border of Planning Area 13, and that split-rail fencing with mesh, or a glass wall be implemented in lieu of the chain link, per approval of the Resource Agencies, specifically that the chain-linked fencing be replaced with an alternate fencing that the Agencies would accept, and that the block wall be decorative. That the equestrian trail plan be amended to reflect a crossing over Butterfield Stage Road whereas either horses would cross the street with median rails and installed pedestrian signals with buttons designed for the height of an individual seated on a horse to access, as was implemented in the City of Norco, and as was offered by the applicant, or that a lateral crossing be installed at the creek with installation of chain fencing with pipe to keep the horses in a specified area with the HCA cleaning the horse litter, which the applicant relayed had been approved by the Water Quality Board, and the applicant was willing to install and maintain; That language be added to the DA regarding the specificity of the amenities included in the recreation centers and the parks, as presented by the applicant and on the record in the taped record of this hearing; That with respect to the applicant's request to postpone requirements currently required prior to the issuance of the 250th building permit, to occupancy of the 250th unit, that this requirement not be amended due to safety reasons; That additional curb-separated sidewalks on local streets within the project would not be required; R:\Minutes\112602 18 That with respect to the one-story, two-~tory issue, that either the market or staff dictate the number of one-story units implemented, per the direction of staff, with the City Council stipulated expectation that all of the units would not be two-story; That with respect to the applicant's request that the through-lane projects at Nicolas Road and Winchester Road be removed, that this requirement not be amended; That with respect to the applicant's request to modify the requirements for utilizing reclaimed water, that if the reclaimed water was not available when the roadways and pipes were installed, the applicant not be held for an indefinite period of time regarding implementing the use of reclaimed water; That with respect to the applicant's request to delete the requirement for contour grading, that this not be amended due to its inclusion in the Mitigation Monitoring Program; That with respect to the applicant's request to modify the improvements on Butterfield Stage Road and Nicolas Road, that these requirements not be amended; That with respect to TUMF, that TUMF fees would apply to the project, and that the developer be credited for all applicable TUMF credits, via the TUMF Program; That with respect to the applicant's request for imposition of a $5,000 a day penalty regarding the delay of the construction of the Fire Station, that this penalty not be imposed due to the City's existing policy regarding liquidated damages, and the staff's commitment to expedite the construction process; That with respect to the applicant's request that the City hire and pay for the Fire Station's architect expeditiously, that this not be included in the DA, while the City would be moving forward expeditiously regarding this item, as previously stated; That with respect to the requirement for specified tree sizes to be revised within the project plan, that this not be revised due to the applicant's agreement to the requirements after staff's clarification, and specified in the minutes of the meeting; That with respect to fast tracking the CFD, that this matter not be addressed in the DA, due to the City's commitment to fast track this process; That with respect to the fast tracking of the JPA, that this not be included in the DA due to the City's commitment to have the City Attorney address this issue with County staff and work to form a JPA, if needed, which would effectively provide the expected improvements to the City; That with respect to the City Attorney cooperating to finalize the DA, that this not be included in the DA due to the commitment of the City Attorney to cooperate in this matter; and · That the public hearing be closed. The motion was seconded by Councilman Comerchero and after additional discussion voice vote reflected unanimous approval. MOTION: Mayor Pro Tem Stone moved to adopt Resolution No. 02-111, subject to the amendments stipulated by the City Council, as applicable (denoted in the previous bullets.) The motion was seconded by Councilman Pratt and voice vote reflected unanimous approval. R:\Minutes\112602 19 MOTION: Mayor Pro Tem Stone moved to adopt Resolution No. 02-112, subject to the amendments stipulated by the City Council, as applicable (denoted in the previous bullets.) The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. MOTION: Mayor Pro Tern Stone moved to approve the introduction and reading, by title only, of Ordinance No. 02-13, subject to the amendments stipulated by the City Council, as applicable (denoted in the previous bullets), and that the second reading of the Ordinance not be agendized until such time as there was a signed DA. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. Assistant City Attorney Curley introduced and read by title only Ordinance No. 02-13. MOTION: Mayor Pro Tem Stone moved to approve the introduction and reading, by title only, of Ordinance No. 02-14, subject to the amendments stipulated by the City Council, as applicable (denoted in the previous bullets), and that the second reading of the Ordinance not be agendized until such time as there was a signed DA. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. Assistant City Attorney Curley introduced and read by title only Ordinance No. 02-14. MOTION: Mayor Pro Tem Stone moved to adopt Resolution Nos. 02-113 and 02-114, subject to the amendments stipulated by the City Council, as applicable (denoted in the previous bullets.) The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. For Councilman Naggar, Assistant City Attorney Curley confirmed that while the City Council has put in place the environmental documents and the Specific Plan (which were acts that could be rescinded) that the second reading of the Ordinances would not come back to the City Council until there was a signed DA. 11 Introduction of the Western Riverside County Transportation Uniform Mitigation Fee Proqram Ordinance RECOMMENDATION: 11.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 02- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING PARTICIPATION IN THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM MOTION: Councilman Naggar moved to continue this item off calendar and re-notice the public hearing. The motion was seconded by Mayor Pro Tern Stone and voice vote reflected unanimous approval. DEPARTMENTAL REPORTS No additional comments. R:\Minutes\112602 20 CITY MANAGER'S REPORT No additional input. CITY ATI'ORNEY'S REPORT With regard to Closed Session, Assistant City Attorney Curley noted that there were no reportable actions. ADJOURNMENT At 11:46 P.M., the City Council meeting was formally adjourned to Tuesday, December 10, 2002, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Ron Roberts, Mayor R:\Minutes\112602 21