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HomeMy WebLinkAbout110904 CC Minutes I I I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL NOVEMBER 9, 2004 The City Council convened in Open Session at 7:00 P.M., on Tuesday, October 26,2004, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Comerchero, Stone, Washington, and Naggar 4 Councilmembers: Absent: Councilmembers: Roberts PRELUDE MUSIC The prelude music was provided by Eve Craig. INVOCATION The invocation was given by Minister Felicia Brown of Imani Church of God in Christ PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Boy Scout Troop 337. PUBLIC COMMENTS A. Mr. Phil Hoxey, Temecula, read a statement prepared by Mr. Sam Pratt (copies were submitted to the City Council). The statement addressed Mr. Pratt's concern with traffic congestion and his support of a Congestion Management Program. B. Alarmed by the business failure in Old Town, Ms. Lorena Spencer, Temecula, commented on the competition the Farmers' Market has created for the businesses in Old Town and offered the following resolution: that every new business be given the opportunity of a free booth at the market to enable business owners to introduce their businesses and that the remaining Old Town merchant booths be made available to business owners on a rotating basis. C. Commenting on the projected closure of the Temecula Chapter, Mr. J.D. Sander, Murrieta, representing the Workforce Development Center - Experience Unlimited, provided an overview of the services provided by this facility and expressed a hopefulness for the combined efforts of the City Managers and the Mayors of each community to find a resolution in keeping this particular facility open. CITY COUNCIL REPORTS A. In response to Ms. Spencer's comments, Mayor Pro Tem Comerchero viewed her suggestion as a responsible request but reiterated that the Farmers' Market in Old Town is a private business - the City does not own it - but that her suggestions will be relayed to the owners of the Farmers' Market. R:\Minutes\110904 I I I B. Readdressing the Circulation Element in the General Plan and comments received with regard to that issue from Meadowview residents, Councilman Washington informed the public that Councilman Roberts and he have conflicts of interest and will not be participating in the discussion or the decision with regard to North General Kearney. Expressing his respect, appreciation, and gratitude to the past, current, and future veterans, Mr. Washington invited the community to the Veterans' Memorial Dedication on Thursday, November 11,2004, at 2:00 P.M., at the Duck Pond. C. Having attended the Western Riverside County Council of Governments, Councilman Stone advised that the County is actively collecting the Multi-Species Habitat Conservation fees, noting that interest will be charged if not received in a timely fashion. Due to the costs of concrete and steel, Mr. Stone advised that the Transportation Uniform Mitigation Fee will be increased by 8% -- not a tax to present residents pay but a tax to new homebuyers to pay for regional infrastructure. Apprising the Council and the public of an unfortunate circumstance with regard to a teenager from Murrieta who was infected with the West Nile Virus, Councilman Stone commented on his recent visit/tour of the Northwest Mosquito and Vector Control District in Northwestern Riverside County, noting that the Cities of Temecula and Murrieta are not a part of the Northwest Mosquito and Vector Control to which Assistant to the City Manager Yates noted that the City has contracted with the Riverside County Environmental Health Division and are basically completing the same responsibilities through the City's Code Enforcement Division. Considering the potential seriousness of this problem, Mr. Stone relayed his support of the City contracting with a service that regularly sprays, etc. versus solely operating through constituent complaints. Assistant to the City Manager Yates reassured Mr. Stone and the public of the City's proactive approach with regard to this issue through regular patrols. In response to Mr. Stone's comments regarding the West Nile Virus, Mayor Naggar commented on the City's proactive approach for the past two years but stated that any suggestions with regard to this devastating virus would be welcomed. Mr. Stone as well invited the public to the Veterans' Memorial Dedication on Thursday, November 11,2004, at 2:00 P.M., at the Duck Pond. With regard to the Veterans' Memorial Dedication, City Manager Nelson noted that a public shuttle service, starting at 1 :00 P.M., will be provided from the Rancho California Sports Park. D. Echoing his colleagues' comments, Mayor Naggar as well invited the public to attend the Veterans' Memorial Dedication and encouraged everyone to come early. Having visited Old Town this past weekend, Mayor Naggar commented on the success of the Erie Stanley Gardner Mystery Weekend in Old Town. With regard to the communication with regard to North General Kearney, Mayor Naggar welcomed such communication. Addressing Mr. Sander's comment with regard to the potential closure of the Experience Unlimited facility, Mayor Naggar requested that staff provide specifics of the potential closure along with potential solutions in keeping the facility open. R:\Minutes\110904 I I I 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. 2 Resolution approvinq List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 04-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 City Treasurer's Report RECOMMENDATION: 3.1 Receive and file the City Treasurer's Report as of September 30, 2004. 4 Liability Insurance Renewal RECOMMENDATION: 4.1 Approve the City of Temecula Liability Insurance Policy Renewal with Clarendon America Insurance Company/Arch Specialty Insurance Company, in the amount of $274,063 for general and excess liability insurance for the period of December 1, 2004, through December 1, 2005. 5 Authorize Temporarv Street Closures for Annual Holiday Parade on December 10. 2004. and Deleqate Authority to issue Special Events/Street Closures Permit to the Director of Public Works/City Enqineer RECOMMENDATION: 5.1 Adopt a resolution entitled: R:\Minutes\110904 I I I RESOLUTION NO. 04-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURES FOR JEFFERSON AVENUE AND ABUTTING STREETS FROM RANCHO CALIFORNIA ROAD TO OVERLAND DRIVE AND ALSO THE LOW FLOW CROSSING AT VIA MONTEZUMA AT DIAZ ROAD FOR TEMECULA'S ANNUAL HOLIDAY PARADE ON DECEMBER 10, 2004, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 6 Santa Gertrudis Valley - Harveston/Date Street Storm Drain. Staqe 2 Proiect No. 7-0- 0189. Tract Map No. 29639-2 - Cooperative Aqreement RECOMMENDATION: 6.1 Approve Santa Gertrudis Valley - Harveston/Date Street Storm Drain, Stage 2 Project No. 7-0-0189, Tract No. 29639-2 - Cooperative Agreement with Riverside County Flood Control and Water Conservation District, Harveston LLC, and the City of Temecula. 6.2 Approve Subdivision Improvement Agreement and accept the Faithful Performance Bond in the amount of $601,002 (six hundred and one thousand and two dollars) and Labor and Materials Bond in the amount of $601,002 (six hundred and one thousand and two dollars) as security for the agreement. 6.3 Authorize the execution of such agreements in their final form by the Mayor, City Attorney, and City Clerk. 7 Cooperative Aqreement with Caltrans for the Relinquishment of State Route 79 RECOMMENDATION: 7.1 Review and approve the attached Cooperative Agreement between the City of Temecula and Caltrans specifying the terms and conditions of transferring the responsibility of the Temecula portion of State Route 79 from Caltrans to the City of Temecula and authorize the Mayor to execute the agreement. 7.2 Adopt a resolution entitled: R:\Minutes\110904 I I I RESOLUTION NO. 04-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A COOPERATIVE AGREEMENT (NO. 8-1258) BETWEEN THE CITY AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CAL TRANS) TO ACCEPT RELINQUISHMENT OF THOSE SEGMENTS OF WINCHESTER ROAD (SR 79N) AND STATE ROUTE 79 SOUTH (SR 79S) EXTENDING FROM 1-15 TO THE APPROXIMATE CITY LIMITS 8 Professional Services Aqreement with Haz Mat Trans Inc. for the demolition of improvements on City-owned property in Old Town RECOMMENDATION: 8.1 Approve a Professional Services Agreement in the amount of $66,400 for the demolition of improvements on City-owned property. MOTION: Mayor Pro Tem Comerchero moved to approve Consent Calendar Item Nos. 1 - 8. The motion was seconded by Councilman Stone and electronic vote reflected approval with the exception of Councilman Roberts who was absent. At 7:32 P.M., the City Council convened as the Temecula Community Services District, the Temecula Redevelopment Agency, and the Temecula Public Financing Authority. At 7:39 P.M., the City Council resumed with regular business. PUBLIC HEARING 9 Amendment to Temecula Creek Villaqe Planned Development Overlay No.4 (PA04-0384) RECOMMENDATION: 9.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 04-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE TEXT OF THE "TEMECULA CREEK VILLAGE" PLANNED DEVELOPMENT OVERLAY (PDO) ZONING DOCUMENT TO PERMIT THE SALE OF ALCOHOL IN THE VILLAGE COMMERCIAL PLANNING AREA, AND OTHER MINOR TEXT AMENDMENTS FOR CLARIFICATION By way of overheads, Senior Planner Papp presented the staff report (of record). In response to the Councilmembers, Mr. Papp noted the following: that the Planning Commission would encourage the City Council to approve the request of permitting the sale of alcohol in the Village Commercial area (PDO-4V) with the exception of a convenience market which will not be a permitted use; that the applicant/owner has no objection with the deletion of the convenience R:\Minutes\110904 I I I market from PDO-4V; that most uses with the exception of restaurants with beer and wine sales only (a permitted use) would require a Conditional Use Permit; that the area of discussion would not be viewed by the State as an area of over concentration of alcohol licenses; that liquor stores will not be permitted in the Village Commercial Area but will be permitted in the other general retail area; and that liquor stores are a conditionally permitted use in the PDO-4R area. For Councilman Stone, Deputy City Manager Thornhill clarified that because the PDO-4V area has been designed as a pedestrian-oriented development that caters to the needs of the people residing in the area, the sale of alcohol would not be permitted in this particular area and that the proposed zoning is project specific. Councilman Stone commended Senior Planner Papp on a job well done and as well commended the Planning Commission on its efforts associated with this project. At this time, the public hearing was opened. Not desirous of addressing the City Council, the applicant indicated concurrence with the staff report. At this time, the public hearing was closed. Encouraging the development of pedestrian-oriented communities, Councilman Washington relayed his support of the recommendation. Viewing this project as truly the City's first mixed-use project, Mayor Pro Tem Comerchero commended Senior Planner Papp and those involved with this project and expressed his support of it. Assistant City Attorney Curley introduced Ordinance No. 04-14 by title only. MOTION: Councilman Stone moved to introduce ordinance No. 04-14. The motion was seconded by Mayor Pro Tem Comerchero and electronic vote reflected approval with the exception of Councilman Roberts who was absent. 10 An Appeal of the Plannina Commission's denial of PA 03-0723 (Development Plan). a proposal to develop two sinqle-storv retail buildinqs totalinq 13.350 square feet on 1.3 acres RECOMMENDATION: 10.1 Adopt a resolution entitled: R:\Minutes\110904 I I I RESOLUTION NO. 04-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING APPLICATION NO. PA03-0723 (DEVELOPMENT PLAN) AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO DENY PLANNING APPLICATION NO. PA03-0723 TO CONSTRUCT, ESTABLISH AND OPERATE TWO SINGLE- STORY RETAIL BUILDINGS TOTALING 13,350 SQUARE FEET ON 1.3 ACRES LOCATED ON THE NORTHWEST CORNER OF OVERLAND DRIVE AND MARGARITA ROAD ALSO KNOWN AS ASSESSOR'S PARCEL NOS. 921-810-021, 029 & 921-830- 030 By way of overheads, Principal Planner Hazen presented the staff report (as per agenda material), noting that the Planning Commission had denied the project; that the Commissioners voting in opposition of the project were of the opinion that the Master Site Plan proposed a single, free-standing building and that a multiple, L-shaped building would not provide the level of desired architectural quality; and that Commissioners Chiniaeff and Telesio supported the project recognizing that the proposed project would be located eight feet below grade, making the man doors not visible to the general public because of landscaping and the retaining wall. In response to the Councilmembers, Mr. Hazen noted that staff's recommendation to the Planning Commission was to approve the project; that parapet walls were designed to screen any rooftop equipment; that staff had no concern with the size of the proposed building with respect to the size of the lot; that the building would be proportional to the scale of development on the site; that it would meet all required setbacks; that a water fountain display will be located in the plaza opening area to further enhance this area; that the Planning Commission had explored the possibility of flipping the L-shaped building (frontage facing the street and back facing other corporate buildings) but concluded that it would not have benefited the entire site considering the grade separation, descending from the street level to access the project; that possibly false windows could be installed on the rear elevation to further enhance this elevation in order to minimize the differentiation between the front and rear elevations; that a monument sign would not be permitted on the corner of Margarita and Overland Roads; that a multiple tenant, retail building has been proposed; that two trash facilities (double bin enclosures) along with decorative trellis work with yines and vegetation along the block walls for screening have been proposed; that the trash enclosures will be colored stucco to match the building; and that monument signs haye been proposed and will be permitted at both entryways. Councilman Stone noted that extensive detail has been focused on the rear of the building to meet the architectural standards of the General Plan. In response to Mayor Naggar, Chairman Telesio provided an overview of the Planning Commission's review of this project, stating the following: That the prevailing three votes were primarily concerned with flipping the building, insufficient embellishments considering the importance of the corner, rejecting the building-orientation concept but not necessarily offering specific ideas but it was concluded that the proposed orientation was appropriate R:\Minutes\110904 I I I That the opinion of the two Commissioners in support was that sufficient embellishments were provided taking into consideration the elevation difference, the topography, the landscaping, and the orientation. At this time, Mayor Naggar opened the public hearing. Commending staff on the summarization of the issues, Mr. Allan Abshez, Los Angeles, representing the applicant, reiterated that the site of discussion is located below grade; that it will not be accessible by pedestrians from Margarita and Overland Roads; that the proposed architectural elements will present an attractive frontage to Margarita and Overland Roads; and that once existing landscaping has matured, the building will be substantially screened. In closing, Mr. Abshez requested the Council's approval of the project. There being no additional comments, the public hearing was closed. Having reviewed the packet of information with regard to this project, Councilman Stone reiterated that the proposed architectural standards are outstanding; that the proposed. building will benefit future retail businesses; and therefore, spoke in support of the project and to uphold the appeal. MOTION: Councilman Stone moved to uphold the appeal. Due to the lack of a second, this motion died. Echoing Mayor Pro Tem Comerchero's concerns with regard to the rear building elevation, Councilman Washington noted that considering that the building will be located below grade and as well as the existing landscaping and the proposed monument signs, the architect has done a good job to the rear of the building and that the front of the building would not work on Margarita and Overland Roads; that would he view the proposed building properly sited and situated on the parcel; and, therefore, after giving it some additional thought, would be inclined to support the project. Considering the building and its options, Mayor Pro Tem Comerchero stated that, in his opinion, the architect has explored all possible options to mitigate the rear elevation and, therefore, would as well support it but suggested the consideration of more mature landscaping. For Mayor Pro Tem Comerchero, Deputy City Manager Thornhill advised that most of the landscaping is existing and that additional landscaping will be provided; that the Council may direct staff to further work with the applicant to explore the feasibility of windows on the rear elevation. Mr. Comerchero expressed his support of Mr. Thornhill's suggestion. MOTION: Councilman Stone moved to uphold the appeal and to direct staff to work with the applicant to enhance the rear architecture of the building. The motion was seconded by Mayor Pro Tem Comerchero. (This motion was ultimately amended.) To ensure future landscaping will be as proposed by the submitted exhibits, Mayor Naggar requested that the motion include verbiage that the final landscaping product should substantially conform to a specific Exhibit No. Not necessarily supporting the installation of additional windows, Mr. Naggar recommended additional trellising or planting treatments against the building. R:\Minutes\110904 I I I With regard to landscaping, Councilman Washington noted that too much landscaping would not be any more desirable than not having any landscaping, commenting on the need to create a balance with the project. AMENDED MOTION: Councilman Stone moved to uphold the appeal; to approve the request, directing staff to work with the applicant to enhance the rear architecture of the building; and to reference that the final product shall substantially conform to a specific Exhibit No. The motion was seconded by Mayor Pro Tem Comerchero and electronic vote reflected approval with the exception of Councilman Roberts who was absent. CITY MANAGER'S REPORT No additional comment. CITY ATTORNEY'S REPORT. There being no Closed Session, the Assistant City Attorney had nothing to report. ADJOURNMENT At 8:36 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday, November 23, 2004, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. -, R:\Minutes\110904