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HomeMy WebLinkAbout101999 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL OCTOBER 19, 1999 The Open Session of the City Council meeting convened at 7:00 P.M. Present: Councilmembers: Comerchero, Lindemans, Roberts, Stone, and Ford. Absent: Councilmember: None. PRELUDE MUSIC The prelude music was provided by Jordan Bellino. INVOCATION The invocation was given by Pastor Sofia Sadler of Harvester Church of Temecula. ALLEGIANCE The salute to the Flag was led by Councilman Lindemans. PUBLIC COMMENTS A. Ms. June Greek, 44862 Bananal Way, addressed specific issues with regard to traffic, the upcoming election, and thanked Mayor Ford and Councilman Lindemans for their dedicated service to the City. B. Mr. Samuel Stall, 43824 Badetta Street, relayed concern with the two-way stop sign at the corner of Leena Way and Meadow Parkway and DePortola Road and Meadow Parkway, noting that a four-way stop sign and associate stdping should be installed. CITY COUNCIL REPORTS A. Addressing the on-going need for public transportation, Councilman Lindemans advised of an APTA meeting he had attended in Flodda. B. Applauding Councilman Lindemans on his efforts with regard to public transportation, Councilman Roberts commented on the accomplishments RTA has achieved as result of Mr. Lindemans' service. Therefore, Mr. Roberts suggested that although Councilman Lindemans will no longer be on the City Council, he be permitted to finish his RTA term which ends December 1999. It was noted that the matter would be agendized for the November 9, 1999, City Council meeting. C. Councilman Roberts advised of a meeting he had attended with several Pastors from Temecula Valley in order to discuss the relocation of churches, noting that it was a productive meeting. R:\Mi nutes\101999 D. Councilman Roberts relayed his concern with the SMART formula, as proposed by the State Controller, and commented on the negative impacts it would have on the City. E. Councilman Roberts noted that it has been suggested by the Governor that SB 3 (Rainey Bill - Library Bond) be placed on the March 2000 ballot and commented on efforts necessary to ensure passage of this Bill. F. As noted at a previous City Council meeting, Councilman Comerchero advised that after research, it was discovered that the property owner of the historic Vail Ranch buildings has a legal obligation to repair the damages. Advising that County interest has been expressed in a beautification project for the subject site (trees, shrubs, etc.), Councilman Comerchero welcomed the support of volunteers and extended appreciation to the Sundse Christian Fellowship Church for their support and desire to repair the vandalized histodc buildings. G. Thanking those who contributed to the March of Dimes in his name, Councilman Comerchero expressed relief in not having to physically participate in the Jail and Bail Program. H. Having attended the League of California Cities Conference in San Jose, Councilman Comerchero advised the viewing public of the City's receipt of the Helen Putnam Award for the Old Town Streetscape Project. I. This being the last City Council meeting prior to the November 2, 1999, election, Councilman Comerchero encouraged the City residents to take advantage of their responsibility and privilege to vote. J. Mayor Pro Tem Stone relayed his sadness with the upcoming departure of Mayor Ford and Councilman Lindemans. K. In light of the upcoming election, Mayor Pro Tem Stone relayed his disappointment with unjust attacks on staff as well as the politics that have taken place. L. Mayor Pro Tem Stone extended best wishes to Ms. June Greek on her new opportunity in the City of La Quinta. M. Mayor Pro Tem Stone invited the public to the October 27, 1999, Promenade Mall opening, noting that on Saturday, October 23, 1999, the Ovedand Overcrossing will be open four days prior to the opening of the Mall as promised by the City Council. N. Mayor Ford requested that the SMART Formula issue be agendized for the November 9, 1999, City Council meeting. O. Mayor Ford, echoed by his fellow Councilmembers, wished former Mayor Pat Birdsall a speedy recovery. CONSENTCALENDAR Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. R:\Minutes\101999 2 3 4 5 Resolution Approvin.q List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 99-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Minutes RECOMMENDATION: 3.1 Approve the minutes of August 24, 1999; 3.2 Approve the minutes of September 14, 1999; 3.3 Approve the minutes of September 28, 1999. (Councilman Roberts abstained with regard to Item No. 3.3.) Establishment of Interim Fees for Massage Establishments and Massage Practitioners RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 99-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING INTERIM APPLICATION FEES FOR MASSAGE ESTABLISHMENT PERMITS AND MASSAGE PRACTITIONER LICENSES In response to Councilman Lindemans, Deputy City Manager Thomhill provided clarification with regard to the associated fees. Tract Map No. 23101-6 (located south of La Serena Way, east of Meadows Parkway, west of Butterfield Sta.qe Road, and north of Rancho Califomia Road in the Mar.aarita Villa.qe Specific Plan No. 199 RECOMMENDATION: 5.1 Approve Tract Map No. 23101-6 in conformance with Conditions of Approval; 5.2 Approve the Subdivision Improvement Agreement; 5.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. R:\Minutes\l 01999 6 7 Release Faithful Performance Warranty and Labor and Materials Security for In-Tract Public Improvements in Tract No. 24131-3 (located northwesterly of Meadows Parkway at Leena Way) RECOMMENDATION: 6.1 Authorize release of the Faithful Performance Warranty and Labor and Materials securities for In-Tract public improvements in Tract No. 24131-3; 6.2 Direct the City Clerk to so notify the developer and surety. Authorization to solicit Construction Bids for the Pujol Street Sidewalk Improvements Project- Project No. PW98-17 RECOMMENDATION: 7.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Pujol Street Sidewalk Improvements - Project No. PW98-17. 8 Grant of Easement to Southern Califomia Edison - Paloma Del Sol Park RECOMMENDATION: 8.1 Approve and execute the easement document in favor of Southern California Edison for the operations and maintenance of an underground electrical service to the wireless communications system located within Paloma Del Sol Park; 8.2 Authorize the City Clerk to record the document. 9 Joint Use A~reement- ChaDarral Hi¢lh School Pool RECOM MEN DATION: 9.1 Approve in its substantial form the Joint Use Agreement between the City of Temecula and the Temecula Unified School Distdct for the lease and joint use of the proposed swimming pool facility at Chaparral High School. In response to Mayor Ford, City Manager Nelson noted that staff will explore any necessary requirements for competitions in the upcoming design process. MOTION: Councilman Stone moved to approve Consent Calendar Item Nos. 1-9. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exceDtion of Councilman Roberts who abstained with regard to 3.3. Mr. Mathew Brown and Mr. Jason Stone thanked and expressed appreciation to the City Councilmembers and staff for their efforts associated with the installation of lights at the Temecula Valley High School tennis courts. Mayor Pro Tem Stone advised that pads for the light standards have been ordered and encouraged the public to utilize this facility. R:\Minutes\101999 At 7:36 P.M., the City Council recessed and convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:58 P.M., the City Council resumed with mgulady scheduled City Council business. PUBLIC HEARING 10 Planning Application No. PA99-0285 (Amendment No. 7 to Specific Plan No. 219 - Paloma del Sol) and Planning Application No. PA99-0283 ('Development AQreement for the Villages ~ Paseo del Sol - Community Shopping Center) RECOMMENDATION: 10.1 Make a determination of consistency with a project for which an Environmental Impact Report (EIR) was previously certified and find that a subsequent EIR is not required; 10.2 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA99-0285 (AMENDMENT NO. 7 TO SPECIFIC PLAN NO. 2t9) BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT SUBJECT TO THE CONDITIONS OF APPROVAL ON FILE IN THE OFFICE OF THE CITY CLERK 10.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA99-0285 (AMENDMENT NO. 7 TO SPECIFIC PLAN NO. 219) AMENDING LAND USES WITHIN PLANNING AREAS 1, 6, 8, 27, AND 36; AMENDING THE ALIGNMENT AND CONFIGURATION OF CAMPANULA WAY BETWEEN DE PORTOLA AND MEADOWS PARKWAY; AMENDING THE ALLOCATION OF ACREAGE WITHIN PLANNING AREA 1 FROM 32.3 ACRES TO 35.0 ACRES; AMENDING ALLOCATION OF ACREAGE WITHIN PLANNING AREA 6 FROM 36.3 ACRES TO 34.3 ACRES; DIVIDING PLANNING AREA 6 INTO PLANNING AREA 6A (22.3 ACRES, HIGH DENSITY RESIDENTIAL, 9-12 DWELLING UNITS PER ACRE, WITH A MAXIMUM OF 268 UNITS) AND PLANNING AREA 6B (12 ACRES, VERY HIGH DENSITY RESIDENTIAL, 13-20 DU/AC, WITH A MAXIMUM OF 240 UNITS) RESULTING IN AN OVERALL REDUCTION OF DWELLING UNITS FROM 590 TO 508; AMENDING THE TEXT TO PROVIDE FOR THE DEVELOPMENT OF A SENIOR COMMUNITY WITHIN PLANNING AREA 8 AND AMENDING THE DESIGN GUIDELINES TO INCORPORATE THE VILLAGE VIGNETTES AND SENIOR AMENITIES R:\Minutes\101999 10.4 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT ENTITLED VILLAGES (~ PASEO DEL SOL DEVELOPMENT AGREEMENT, PLANNING AREA I(A) & I(B) OF SPECIFIC PLAN NO. 219 AMENDMENT NO. 7 Deputy City Manager Thornhill reviewed the staff reports (as per wdtten material), referencing a petition, submitted at the Planning Commission meeting, in opposition to the multi-family apartments that am part of the Specific Plan; advising that the multi-family areas were previously approved; and noting that the approval would actually reduce the density in the residential project areas by 82 units. Mr. Thornhill advised that Mr. Steve Corona had as well expressed issues of concern with regard to drainage and its impacts on the Corona Ranch; that Newland Communities and staff has responded to the issues of concern and that it has been determined that there is no nexus to Newland Communities and Corona Ranch as it relates to drainage. Mr. Thornhill noted that Mr. Corona has filed an appeal to the Planning Commission's approval and, therefore, staff recommends a continuance of the matter in order to thoroughly address the issues of concern with regard to drainage. Mr. Thornhill as well advised that staff has received written communication from Mr. Savala (property located north of the Corona property) in which he expressed similar drainage concerns as those noted by the Coronas. At this time, Mayor Ford opened the public hearing. Mr. Barry Burnell, T&B Planning Consultants, 3242 Halladay, #100, Santa Ana, representing Newland Communities and Paseo Partners, relayed concurrence with staff's recommendation for a continuance. Mr. Robert Krieger, 3602 University Avenue, Riverside, representing the owners of Corona Ranch, addressed the issue and highlighted the following: that the proposed project is located in an area that is currently protected by an existing detention basin which was constructed in the absence of completing what is referred to as the Butterfield East Interceptor, that this Interceptor was part of a planned facility in Assessment District No. 159 but has not been built because of insufficient funds; that the Coronas are concerned with the potential flooding on their property in the event of a 100-year flood; that the existing detention basin was not a reasonably designed facility; that it was intended only as an interim measure; that the Butterfield East Interceptor, if propedy designed and built, would eliminate the Coronas' flooding concerns; that the design and construction of such a facility would cost approximately $5 to $10 million; that a 10-year flood would exacerbate the Coronas' flooding concerns. R:\Minutes\101999 Ms. Michele Staples, 2100 SE Main Street, Suite 104, Irvine, referenced her detailed comment letter (copies provided to the Councilmembers) and noted the following: that as a result of development projects filling in the natural drainage channel and because of improvements to Butterfield Stage Road in order to accommodate the new channel alignment, a flood hazard, that originally did not exist, was created on Corona Ranch; that specific mitigation measures were imposed on the project with regard to flood hazards; that of these measures, two have not been met: 1) EIR prohibits increased flood hazards to adjacent and downstream properties; and 2) EIR requires an in depth analysis of the Temecula Flood Plane; that Assessment Distdct No. 159 consists of four property owners with the applicant being responsible for over 90% of the cost of the interceptor facility; that all approvals for the project to date have been based on the assumption that the interceptor channel would be constructed and that 11 years after project approval, the interceptor channel has not even been designed; that the City is required to enforce mitigation measures imposed on a project; that this approval be conditioned that any future approvals for this project be contingent on the construction of the interceptor. Mr. Allan Davis, developer, 5051 Avenida Encinas, Cadsbad, noted the following: that the project is 9/10 of a mile west to the Corona property and, therefore, there is no nexus to this issue of flooding; that the project be approved in a timely manner. Mr. Dennis O'Neil, 19900 MacArthur Boulevard, Irvine, representing Newland Communities, addressed the issue, noting the following: that the Coronas' flooding concern has been addressed at each Specific Plan amendment and that each time it has been determined that there is no nexus with regard to Paseo and Corona Ranch; that there is no obligation on Newland Communities to resolve the flood control problems; that Newland Communities has a responsibility to be assessed to pay for improvements but does not have the jurisdiction or authority over building the improvements; that the building is the responsibility of Assessment District No. 159. Mayor Ford requested that the involved parties and staff discuss the matter of the Assessment District funding the interceptor with Mayor Ford and Councilman Lindemans relaying a desire to be included in the discussions. R:\Minutes\101999 MOTION: Councilman Lindemans moved to continue the matter to the November 9, 1999, City Council meeting. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. 11 Development A.clreement with Eli Lilly & Company - Approved Staff Recommendation (5- 0-0) JS/KL RECOMMENDATION: 11.1 Adopt the Negative Declaration for Planning Application No. PA99-0274; 11.2 Introduce and read by title only an ordinance: ORDINANCE NO. 99-27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND ELI LILLY AND COMPANY FOR PROPERTY GENERALLY LOCATED EAST OF YNEZ ROAD WEST OF MARGARITA ROAD AND SOUTH OF OVERLAND DRIVE (PLANNING APPLICATION NO. PA99-0274) By way of overheads, Deputy City Manager Thornhill reviewed the staff report (as per agenda material). Councilman Comerchero clarified that the City is not relinquishing control and that the ultimate decision on the use and zoning of the property will remain with the City. Deputy City Manager Thornhill concurred that any project would have to proceed with the EIR process in order to assess any potential impacts. Mayor Ford opened the public headng. Mr. Samuel Stall, 43824 Badetta Street, representing Eli Lilly and Company, spoke in support of staff's recommendation. At this time, Mayor Ford closed the public hearing. MOTION: Mayor Pro Tern Stone moved to approve staff recommendation. The motion was seconded by Councilman Lindemans and voice vote reflected unanimous approval. 12 Development A,~reement with Pala Rainbow LLC - Referred to the Plannine Commission at the eadiest possible date. (4-1-0, Mayor Pro Tem Stone in opposition) KL/RR RECOMMENDATION: 12.1 Adopt the Negative Declaration for Planning Application No. PA99-0273; 12.2 Introduce and read by title only an ordinance. R:\Minutes\l 01999 ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND PALA RAINBOW, LLC FOR PROPERTY LOCATED NEAR THE INTERSECTION OF HIGHWAY 79 SOUTH AND PALA ROAD (PLANNING APPLICATION NO. PA99-0273) Deputy City Manager Thornhill presented the staff report (as per agenda material) and referenced and further clarified the proposed amendment to Section 1.15 of the agreement: Under this Agreement, the following uses are classified as General merchandise/ Retail store uses: camera shops, clothing sales, computer sales and service, furniture Sales, and hardware stores. In addition, this Agreement also permits one of these General merchandise/retail stores to be as large as 20,000 square feet. Councilman Lindemans relayed his opposition to the Council considering this matter at this point in time and that the matter be readdressed by the Planning Commission. At this time, Mayor Ford opened the public hearing. Mr. Phil Oberhansley, 27555 Ynez Road, #203, representing Pala Rainbow LLC, relayed concurrence with staffs recommendation. Because the Planning Commission would review any project prior to final approval, Mayor Pro Tem Stone expressed his opposition to having the Planning Commission readdress this matter at this point in time. Mayor Ford closed the public headng. Mayor Pro Tem Stone, echoed by Councilman Roberts, relayed his support of staffs recommendation. He concurred with providing the necessary variables to attain quality retailers at the subject site and reiterated that the Planning Commission would ultimately review the project for final approval. MOTION: Councilman Lindemans moved to refer the matter to the Planning Commission at the eadiest possible date. The motion was seconded by Councilman Roberts and voice vote reflected approval with the exception of Mayor Pro Tem Stone who vote n_go. R:\Minutes\101999 COUNCIL BUSINESS 13 Temecula Valley Playhouse Community Service FundinCl Pro.Gram Request- Approved staff recommendation with an additional $4.000 in matchinq funds. (4-0-1. Councilmember Lindemans abstained) JC/JS RECOMMENDATION: 13.1 Award a Community Service Funding grant in the amount of $15,000 to the Temecula Valley Playhouse for their community service programs. Councilman Lindemans advised that he would be abstaining with regard to this issue. Finance Director Roberrs presented the staff report (of record). Ms. Julie Pitruzzello, 32281 Court St. Catalina, representing the Temecula Valley Playhouse, thanked the City for its past and continued support and bdefly highlighted the numerous benefits the Playhouse provides to the community. Due to upcoming budget challenges such as increased rent and insurance, Ms. Pitruzzello further elaborated on the funding request and advised that additional fundraising activities have been planned to further increase revenue. Having served on the Community Service Funding Committee, Mayor Pro Tem Stone, echoed by Councilman Roberts, requested that consideration be given to the creation of a Special Discretionary Fund. MOTION: Councilman Comerchero moved to approve staff recommendation with an additional $4,000 in matching funds as a result of additional fundraising activities. The motion was seconded by Mayor Pro Tem Stone and voice vote reflected approval with the exception of Councilman Lindemans who abstained. 14 Community Services Commission Appointment - Re-appointed Commissioner Mevler to serve a full three-year term throufih October 10, 2002. (5-0-0) JC/JS RECOMMENDATION: 14.1 Appoint one applicant to serve on the Community Services Commission for a full three-year term through October 10, 2002. City Clerk Jones presented the staff report (of record). MOTION: Councilman Comerchero moved to reappoint Commissioner Meyler. The motion was seconded by Mayor Pro Tem Stone and voice vote reflected unanimous approval. 15 Woodside Homes Reimbursement A¢lreement - Approved staff recommendation (4-0-1, Councilmember Roberts abstained) JC/JS RECOMMENDATION: 15.1 Approve the first amendment to subdivision Agreement with Woodside Chantemar Homes to compensate the developer in an amount not to exceed $78,292 for the costs associated with installing the landscaping for the wetlands mitigation area and the letter agreement with Woodside Chantemar for changes to the project. R:\Minutes\l 01999 10 15.2 Approve a transfer of $78,292 in Capital Reserve Funds from Nicolas road sidewalks project ($75,000) and the I-15/Santiago Road Additional Interchange Improvements project ($3,292). Because the subject matter does include discussion with regard to the common area of Meadowview, Councilman Roeberts noted that he would be abstaining. Deputy City Manager Thornhill reviewed the staff report (of record) and advised that staff has met with the residents to address noted drainage issues and that the developer has provided a letter acknowledging a responsibility for erosion control and drainage. Mr. Thornhill encouraged approval of the project so that erosion control measures could be implemented. City Attorney Thorson advised that the developer is obligated under the terms of his grading permit to provide erosion control and drainage regardless of the submitted letter acknowledging responsibility. In an effort to address Mr. Southward's concem, Councilman Comerchero suggested that the the following language be added to the letter of acknowledgement: that it is the developer's legal responsibility to address drainage problems specifically as a result of this development. Mr. Nate Pugsley, 23121 Antonio Parkway, Suite 120, Rancho Santa Margarita, relayed no objection to the addition of the proposed verbiage to the letter of acknowledgement, as noted by Councilman Comerchero. Mr. Pugsley as well noted that the berm currently located at the top of the slope was placed at this location strictly for temporary erosion control and will be removed once the block wall was been installed. MOTION: Councilman Comerchero moved to approve staff recommendation with the addition of the above-mentioned verbiage to the letter of acknowledgement. The motion was seconded by Mayor Pro Tern Stone and voice vote reflected approval with the exception of Councilman Roberts who abstained. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT Deputy City Manager Thornhill provided information with regard to a Specific Plan amendment to the Dutch Village (located within the County of Riverside limits), advising that the approval of this amendment would increase density by 411 units. In light of the impacts such increase could have on the City, a letter of opposition was forwarded to the County. Due to time constraints, Mr. Thornhill advised that staff was not able to present the letter of opposition to the Council pdor to its submittal but a copy of the letter would be provided to each Councilmember. City Manager Nelson advised that on Thursday, October 21, 1999, the fourth and final Workshop with regard to the Vail Ranch/Redhawk annexation will be hosted at 7:00 P.M. Commenting on continued traffic improvements, Mr. Nelson advised that the additional lane improvement at State Route 79S has been completed and will significantly improve the westbound movement of State Route 79S. He also noted that the posts located on Rancho California Road, at the ddveway entrance to Claim Jumper, have been removed which, therefore, added an additional full lane of capacity from the Target Center to the Interstate 15. R:\Minutes\101999 11 City Manager Nelson invited the public to the Dedication Ceremony for the Overland Overcrossing on Friday, October 22, 1999, at 5:30 P.M., noting that the Overcrossing will be open to the public on Saturday, October 23, 1999, four days pdor to the Mall opening. CITY ATTORNEY'S REPORT City Attorney Thorson advised that the Redevelopment Agency provided guidance to staff with regard to the real property negotiations and that the matter would be considered dudng Open Session at an upcoming City Council meeting. ADJOURNMENT At 9:35 P.M., the City Council meeting was formally adjourned to Tuesd , November 9, 1999, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Te a, California. v~n~ord, Mayor ATTEST: ~~Jones ~ R:\Minutes\101999 12