Loading...
HomeMy WebLinkAbout041205 CC Minutes I I I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL APRIL 12, 2005 The City Council convened in Closed Session at 6:00 P.M., on Tuesday, April 12, 2005, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. The Open Session convened at 7:00 P.M. Present: 5 Councilmembers: Edwards, Naggar, Roberts, Washington, and Comerchero Absent: o Councilmembers: None PRELUDE MUSIC The prelude music was provided by Joshua and Kevin Jurkosky. INVOCATION The invocation was given by Pastor Lou Dawson of Rancho Baptist Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Cub Scout Pack No. 148. After the pledge of allegiance, the Pack thanked the City Council for being given the opportunity to perform the Flag Ceremony and for its generous support. PRESENT ATIONS/PROCLAMATIONS Child Abuse Prevention Month On behalf of Prevent Child Abuse of Riverside County, a representative from the organization thanked the City Council for its support, advising that the month of April is Child Abuse Prevention Month. PUBLIC COMMENTS Ms. Suzanne Zychowicz, Temecula, encouraged partnerships among neighbors, neighborhoods, cities, etc. preserving traditions beneficial for the entire community and thinking globally and acting locally. On behalf of the residents of the City especially those in the Meadowview area, Ms. Diana Lovett-Webb, Temecula, publicly thanked the City Council for its support of the residential community and in protecting the quality life in this City. Not being aware that the Circulation Plan had already been approved by the City Council, Mr. Kenneth Calderwood, Temecula, addressed the Traffic Circulation Plan in particular the area R:IMinutesl041205 I I I located behind the Pechanga Casino, commenting on noise pollution, light pollution, and impacts to the existing eco system. By way of overheads, Mr. Joseph Terrazas, Temecula, echoing Mr. Calderwood's comments, requested that the proposed road be relocated to the other side of the hill. Mr. John Dedovesh, Temecula, addressed the excessive speed limit along Rancho California Road. Mr. Don Stowe, Temecula, expressed opposition to the proposed expansion of Ynez and DePortola Roads through Los Ranchitos and requested that this matter be readdressed and that the public hearing regarding this issue be reopened, commenting on increased traffic and horse-crossing safety concerns. In response to Mr. Stowe's request to reopen the public hearing, City Attorney Thorson advised that on March 22, 2005, the City Council held a properly noticed public hearing on the Circulation Element. While individuals, this evening, may comment on traffic issues under Public Comment, the City Council may not take any action on any suggested changes because such action would require a public hearing. Addressing the proposed changes to Ynez and DePortola Roads, Ms. Marian Guy, Temecula, viewed Ynez Road as a cut through from SR 79 South from Jedediah Smith Road to Margarita Road, creating safety concerns between drivers and equestrians. She further addressed property values and drainage problems on Ynez and DePortola Roads and requested that the public hearing regarding the proposed changes to Ynez and DePortola Roads be reopened. Advising that he had collected over 200 petition signatures have been collected by Los Ranchitos' residents and that over 300 postcards have been mailed to City Hall, Ms. Kathleen Stowe commented on the residents' opposition to the City Council's decision to increase the width of Ynez Road/DePortola Roads through Los Ranchitos from two lanes to four lanes. Noting that residents were not given their democratic due process by not being given the opportunity to speak at the March 22, 2005, City Council meeting, Ms. Stowe requested that Item No. 19.2 of the General Plan Update Circulation Element be reopened. In response to Ms. Stowe, Mayor Comerchero advised that the City Council's action on March 22, 2005, was not to increase the width of those roads but to keep the designation the same as has been in the General Plan. To ensure a democratic process is followed, Ms. Linda Doucett, Temecula, as well requested that the public hearing regarding Ynez/DePortola Roads be reopened. Discussing the March 22, 2005, publiC hearing for the Circulation Element, Mr. Mark Broderick, Temecula, representing the Rainbow Canyon Villages Homeowners Association, noted that he was advised that because of the number of people speaking that evening, he would possibly not address the Council until 11 :30 P.M. or 12:00 midnight; that because he commutes, he could not stay late; and that the Association is requesting that it be given the opportunity to present its concerns regarding the Circulation Element; Opening, extending, and creating new streets should be a priority when considering safety issues within the Circulation Element of the General Plan, Ms. Diana Broderick, Temecula, R:\MinutesI041205 2 I I I addressed emergency access/passage, advising that more choices would spread the volume of traffic and decreasing the heavy load on existing arteries. Ms. Charlotte Roa, Riverside, questioned whether there was validity to a highway being constructed near her property located on Anza Road and DePortola Road. Responding to Ms. Roa, Mayor Comerchero advised her that City staff would contact her to provide information with regard to question, noting that the area of question is not within City limits. Stating that, in his opinion, the Environmental Impact Report (EIR) does provide the required mitigations to approve the General Plan, Mr. Raymond Bennett, Temecula, representing the Los Ranchitos Homeowners Association, addressed noise, private driveways entering on to the arterial highway such as Ynez/DePortola Roads and equestrian safety/equestrian trail and requested that the EIR be reevaluated. Considering the existing safety issues with horse crossing on Ynez Road, Mr. Jack Williams, Temecula, requested that the Circulation Element be reopened for discussion. Mr. Faddoul Baida, Temecula, addressed the lack of information being provided to the public. Expressing concern with the manner in which the Ynez/DePortola Roads portion of the Circulation Element was addressed by the City Council at the March 22, 2005, City Council meeting, Mr. Neal Ziff, Temecula, addressed safety concerns and requested that the City Council reopen discussion regarding this particular portion of the Circulation Element Mayor Comerchero again clarified that the designation for Ynez/DePortola Roads in the existing General Plan, adopted in 1993, has been a four-lane road and that the City Council's action on March 22, 2005 was to maintain that same designation not to add to the width in terms of lanes. Ms. Pamela Havens, Temecula, questioned the validity to annexing the County area of Country Road Estates into the City of Temecula. Mayor Comerchero advised that the City has no plans to annex the wine country. Commenting on a 70-signature petition that he had circulated, Mr. Mike Kuhn, Temecula, shared the residents' disagreement with eliminating the possibility of opening any blocked streets or the completion of North General Kearny Road from the updated General Plan. CITY COUNCIL REPORTS A. In response to the residents' comments, Councilman Washington expressed appreciation for their input. Mr. Washington apprised the pUblic of the upcoming Sixth Annual Golf Tournament Fundraiser for the Theater Foundation on Memorial Weekend in Las Vegas. B. Commenting on a fatal collision on Ynez Road, near the auto dealerships, involving a car carrier and a passenger vehicle, Mayor Pro Tem Roberts advised that he had requested a meeting with the auto dealerships to ensure such a tragic accident will not happen in the future. C. Announcing the success of the weekly City's Fitness in Temecula (F.I.T.) program, Mayor Comerchero advised that this health program will be held at four City parks, commending Community Services Director Parker and his staff. R:\Minutes\041205 3 I I I CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Resolution approvina List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 05-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 Minutes RECOMMENDATION: 3.1 Approve the minutes of March 8, 2005; 3.2 Approve the minutes of March 22, 2005; 3.3 Approve the minutes of March 31, 2005. 4 Citv Treasurer's Report RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of February 28, 2005. 5 Parcel Map No. 31898. located south of Wolf Vallev Road and East of Pechanaa Parkwav RECOMMENDATION: 5.1 Approve Parcel Map No. 31898 in conformance with the Conditions of Approval. (Item No.5 was puller for separate discussion; see page 7.) R:IMinutesl041205 4 I I I 6 Second Amendment to Fiscal Year 2004-2005 Annual Citvwide Routine Maintenance Contract RECOMMENDATION: 6.1 Approve the Second Amendment to the Fiscal Year 2004-2005 Annual Citywide Maintenance Contract with Monteleone Contractors, Inc. for an amount of $50,000.00 and authorize the Mayor to execute the amendment. 7 Award the Construction Contract for the Temecula Public Librarv. Proiect No. PWOO-07 RECOMMENDATION: 7.1 Award a construction contract for the Temecula Public Library, Project No. PWOO- 07, to EDGE Development, Inc., in the amount of $11,757,812.30, and authorize the Mayor to execute the contract. 7.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $1,175,781.20, which is equal to 10% of the contract amount. 7.3 Approve the acceleration of appropriated budgeted funds in FY2005-2006 to FY2004-2005 in the amount of $8,671 ,570.00. 7.4 Approve a transfer in the amount of $1,700,000.00 from the Maintenance Facility/Field Operation Center to the Temecula Library Project. (Pulled for separate discussion; see page 7.) 8 Reappointment of Animal Shelter Liaison/JPA Representative RECOMMENDATION: 8.1 Appoint Councilmember Maryann Edwards as the City's representative on the Board of Directors of the Southwest Communities Financing Authority. 9 Resolution of support for Providina Necessarv Infrastructure for Reaional Goods Movement Includina Separate Rail Crossinas (At the request of Councilman Naggar) RECOMMENDATION: 9.1 Adopt a resolution entitled: R:\Minutes\041205 5 I I I RESOLUTION NO. 05-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE EFFORTS OF THE CITY OF RIVERSIDE AND THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) TO ADDRESS THE CHALLENGES RELATED TO CREATING A REGIONAL GOOD MOVEMENT SYSTEM THAT CONSTRUCTS GRADE SEPARATED RAIL CROSSINGS; ESTABLISHES HIGHWAY PROJECTS DEDICATED TO GOODS MOVEMENT; AND IDENTIFIES PUBLIC AND PRIVATE FINANCING ALTERNATIVES TO CONSTRUCT THE NEARLY $3.5 BILLION IN RAIL AND HIGHWAY IMPROVEMENTS NECESSARY TO SUPPORT THE SYSTEM AND PROTECT THE REGION'S ECONOMIC VIABILITY 10 Resolution of Opposition to the Granite Quarrv Proiect (At the request of Mayor Comerchero) RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OPPOSING THE DEVELOPMENT OF A SURFACE MINING OPERATION WITHIN THE HILLS SOUTH OF TEMECULA (Mayor Comerchero requested that this item be continued off calendar for additional discussion and investigation.) MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1-4, 6, and 8-9 (Item Nos. 5 and 7 were considered under separate discussion and Item No. 10 was continued off calendar.) The motion was seconded by Councilwoman Edwards and electronic vote reflected unanimous approval. CONSENT CALENDAR ITEM PULLED FOR SEPARATE DISCUSSION 5 Parcel Map No. 31898 (located south of Wolf Vallev Road and east of Pechanaa Parkwav\ RECOMMENDATION: 5.1 Approve Parcel Map No. 31898 in conformance with the conditions of approval. Expressing concern with the potential of a freeway off-ramp being located near the Wolf Valley Homeowners Association, Mr. Todd Shoebotham, Temecula, requested that this project be reevaluated to determine its close proximity to the residents, commenting on the impact of the community. R:\MinutesI041205 6 I I I MOTION: Mayor Pro Tem Roberts moved to approve Consent Calendar Item No.5. The motion was seconded by Councilwoman Edwards and electronic vote reflected unanimous approval. 7 Award the Construction Contract for the Temecula Public Librarv - Proiect No. PWOO-07 RECOMMENDATION: 7.1 Award a construction contract for the Temecula Public Library, Project No. PWOO-07, to EDGE Development, Inc., in the amount of $11,757,812.30, and authorize the Mayor to execute the contract; 7.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $1,175,781.20, which is equal to 10% of the contract amount; 7.3 Approve the acceleration of appropriated budgeted funds in FY2005-2006 to FY2004-2005 in the amount of $8,671 ,570.00; 7.4 Approve a transfer in the amount of $1,700,000.00 from the Maintenance Facility/Field Operation Center to the Temecula Library Project. Mayor Pro Tem Roberts relayed his delight with awarding this construction contract. Councilman Washington, echoed by Mayor Comerchero, expressed support of this project. MOTION: Mayor Pro Tem Roberts moved to approve Consent Calendar Item NO.7. The motion was seconded by Councilwoman Edwards and electronic vote reflected unanimous approval. 10 Resolution of Opposition to the Granite Quarrv Proiect RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OPPOSING THE DEVELOPMENT OF A SURFACE MINING OPERATION WITHIN THE HILLS SOUTH OF TEMECULA Ms. Vicki Lory, Temecula, encouraged the City Council to reagendize this item in order to oppose the development of a surface mining operation. MOTION: Mayor Pro Tem Roberts moved to continue this item off calendar. The motion was seconded by Councilwoman Edwards and electronic vote reflected unanimous approval. At 8:05 P.M., the City Council convened as the Temecula Community Services District, the Temecula Redevelopment Agency, and the Temecula Public Financing Authority. After a short recess, the City Council, at 8:20 P.M., resumed with regular business. R:\Minutes\041205 7 I I I PUBLIC HEARING 11 Vacation of a Portion of an Unnamed Allev located between Second Street and Third Street east of Old Town Front Street as shown on Block 18 of Town Site of Temecula (Old Town RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 05-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA VACATING A PORTION OF AN UNNAMED ALLEY LOCATED BETWEEN SECOND STREET AND THIRD STREET AS SHOWN ON BLOCK 18 OF TOWN SITE OF TEMECULA IN THE CITY OF TEMECULA, STATE OF CALIFORNIA Public Works Director Hughes presented the staff report (as per agenda material). There being no public input, the public hearing was closed. MOTION: Councilman Naggar moved to approve this item, including the adoption of Resolution No. 05-41. The motion was seconded by Councilman Washington and electronic vote reflected unanimous approval. 12 Vacation of All Interior Streets and Certain Drainaae Easements within Tract No. 26941 (Crowne HiII- The Reserve) RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 05-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA VACATING LOT "A" (WOLFE STREET), LOT "B" (SUSAN GRACE COURT) AND LOT "C" (MUSILEK PLACE) AND CERTAIN DRAINAGE EASEMENTS OF TRACT NO. 26941 IN THE CITY OF TEMECULA, STATE OF CALIFORNIA, AS SHOWN ON ATTACHED EXHIBITS Public Works Director Hughes reviewed the staff report (of record). MOTION: Mayor Pro Tem Roberts moved to approve this item, including the adoption of Resolution No. 05-42. The motion was seconded by Councilwoman Edwards and electronic vote reflected unanimous approval. R:\Minutes\041205 8 13 General Plan Update I RECOMMENDATION: 13.1 Conduct the Public Hearing on the Draft Land Use, Open Space Conservation, Grow1h Management/Public Facilities, Public Safety, Noise, Air quality, Community Design, and Economic Development Elements of the General Plan and the Draft Environmental Impact Report related to these Elements; 13.2 Adopt a resolution entitled: RESOLUTION NO. 05-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE COMPREHENSIVE UPDATE OF THE GENERAL PLAN 13.3 Adopt a resolution entitled: RESOLUTION NO. 05-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE COMPREHENSIVE UPDATE OF THE GENERAL PLAN I Mayor Comerchero read a statement (of record) prepared by the City Attorney with regard to the proceedings of this item. At this time, Planning Director Ubnoske introduced Mr. Jeff Henderson of Cotton Bridges and Associates who proceeded with the staff report (of record), commenting on the following: I . Development capacity of the updated General Plan (113,421 population with 55,764 in areas within the City's sphere of influence - total population 169,185) versus existing conditions as well as the previous General Plan (112,254 population with 81,655 in areas within the City's sphere of influence - total population 193,909); . Content of the General Plan . Policy direction within the updated General Plan o Direction remains the same as that of the 1993 General Plan o Most changes fit within the framework of that Plan . Primary changes affect Land Use and Circulation Elements . Reflect previously County-granted entitlements . Preservation of Open Space Corridors . Create a desirable and livable Urban area . Adjusting density for the Vineyard and Agricultural designation from 0.0 to 0.2 dwelling units per acre . Modify the description of the recreation commercial designation to include timeshare and fractional ownership units . Incorporate the Airport Compatibility Plan figure within the Land Use Element R:\Minutes\041205 9 I I I . Remove the area between Temecula Creek and SR 79 South from Rural Preservation Area NO.2 . Remove Land Use Request No. 2 from the Nicolas Valley Rural Preservation Area should the City Council concur with the Planning Commission's recommendations regarding that area · Identify the Bureau of Land Management Ownership Areas that are present on the Land Use Policy Map o Encouraging mixed-use development near Interstate 15 o Preserving established rural areas o Managing future grow1h o Modified Land Use Designations . Rural residential designation - 5-acre minimum lot size - east of current City boundary . Business Park designation to Industrial Park . Vineyards Agricultural designation - new designation . Tribal Trust lands - new designation . Commercial Recreation Overlay . Open Space and Conservation Element o Inclusion of identification of the City's historic resources o Includes new policies and implementation that will address the concem of the Pechanga Band of Luiseno Indians o Updated information Williamson Act Preserves within the Planning Area o Updated information on MTBE contamination · Growth Management/Public Facilities Element o Addition of statements discouraging street closures that may limit or delay access to emergency services o Updated technical information provided by Rancho California Water Districts as well as the Temecula Valley Unified School District . Public Safety Element o No major policy changes o Included updated State geologic hazard programs o Incorporated information regarding the Temecula Citizen's Corps o Addition of a policy statement discouraging the closure of streets when emergency response and public safety is adversely affected . Air Quality Element o No major policy changes are being proposed but have included updated information on local programs, including the Trip Reduction Ordinance . Community Design Element o Significant changes regarding discussion of mixed-use design concepts o Includes new policies and implementation encouraging the creation of public spaces and enhance the role of public art in those spaces o Interim Chaparral Area policies, adopted in 2004, have been incorporated . Economic Development Element o Includes updated information and descriptions of local programs - does not include any major policy changes. . Housing Element o Not updated as part of this program o Currently adopted Housing Element with which this General Plan is consistent will be incorporated into the General Plan once it is adopted o Next Housing Element Update will begin 2006 or 2007 R:\Minutes\041205 10 I I I . Airport Land Use Commission o Several changes have been recommended to ensure consistency with the French Valley Airport Land Use Compatibility Plan o Suggested changes consistent with the other policies and implementation that have already been included in the draft · Environmental Impact Report (EIR) o 16 comment letters were received from various agencies o 3 significant, unavoidable impacts were determined in that EIR . Short-term construction impacts . Long-term emissions . Transportation o All other impacts in the EIR were considered less than significant . Required mitigation measures have been included and identified At this time, the public hearing was opened. EIR in Land Use Desianations for the area south of Moraan Hill Soecific Plan (Mayor Comerchero and Councilman Naggar did not partake in this matter and removed themselves from the dais and Council Chamber.) Mayor Pro Tem Roberts presided. There being no public hearing, the public hearing regarding the above-mentioned item was closed. MOTION: Councilman Washington moved to approve staff's recommended Land Use Designations for the area south of Morgan Hill Specific Plan. The motion was seconded by Councilwoman Edwards and voice vote reflected approval with the exceotion of Mayor Comerchero and Councilman Naggar who abstained. Reauest No. 2 72 acres at the corner of Nicolas Road and Via Lobo - Plannina Commission recommendation to split the desianation with low density on the northern half and Ooen Soace on the southern oortion of the site with a reauirement for a olanned develooment overlav (Mayor Comerchero did not partake in this matter and removed himself from the dais and Council Chamber.) By way of overheads, Principal Planner Hogan described the proposed request, highlighting the Community Advisory Committee's recommendation as well as the Planning Commission's recommendation, noting that Council approval would be required with the Commission's proposal of a Planned Development Overlay. At this time, the public hearing was opened. Viewing the property of discussion as a gateway to Nicolas Valley, Mr. Chris Pedersen, Temecula, discouraged an increase in density, noting that a majority of the property would be unusable for development. Mr. Roger Share, representing the Garrett Group, expressed the Garrett Group's support of the Planning Commission's recommendation. R:\MinutesI041205 11 I I I Advising that three years ago the Garrett Group acquired the property of discussion from the Boy Scouts, Mr. Kirk Wright, representing the Garrett Group, as well concurred with the Planning Commission's recommendation and noted that although the proposal may be an upzone in density, the proposed density would not be equal to the density that would have been permitted with a very low density project. There being no additional speakers, the public hearing was closed. Being of the opinion that the General Plan would not be the appropriate time to review particular projects, Councilman Naggar relayed his support of the City Council reviewing this particular land use designation and General Plan Amendment as a project, commenting on the City's Grow1h Management Plan and noting that if this were approved at this point in time, the Grow1h Management Plan process would be negated. Concurring with Councilman Naggar's comment, Councilwoman Edwards stated that because of the quality of projects produced by the Garrett Group, she would have no doubt that the future Garrett Group project for the area of discussion will be a project the City Council would accept. In response to Councilman Washington, City Attorney Thorson advised that approval of the request will require a majority vote. Echoing Mrs. Edwards. Mr. Washington as well expressed his confidence in the Garrett Group to produce a quality project. Mayor Pro Tem Roberts echoed the previously made comments shared by Councilman Naggar. MOTION: Councilman Naggar moved to maintain the existing General Plan designation for the 72 acres at the corner of Nicolas Road and Via Lobo as its current Very Low Density designation. The motion was seconded by Councilwoman Edwards and voice vote reflected approval with the exceotion of Mayor Comerchero who abstained. Callowav Winerv Prooertv (located in the Rural Preservation Areas to the east of the City boundarvl (Mayor Comerchero did not partake in this matter and removed himself from the dais and Council Chamber.) Reviewing this request, Mr. Henderson noted the following: · That the current designation is Vineyards/Agriculture - one unit per five acres · That the change would be to include the property in the updated General Plan · That the proposed change would be a recommendation to the County There being no public input, the public hearing was closed. MOTION: Councilman Naggar moved to approve the staff recommendation to include the Calloway Winery property in the updated General Plan and to designate it as Vineyards/Agriculture, permitting one unit per five acres. The motion was seconded by Councilwoman Washington and voice vote reflected approval with the exceotion of Mayor Comerchero who abstained. R:IMinutesl041205 12 I I At this time, Mayor Comerchero returned to the dais and Councilman Naggar removed himself from the dais and Council Chamber. Reauest No. 7 - 45-acre site on the north side of Loma Linda Road - to chanae from Professional Office to a combination of Low Medium Densitv and Medium Densitv. The Low Medium Densitv would be on the eastern portion of the site adiacent to the existina sinale-familv homes. A proiect has been submitted to the City consistent with this concept. The proiect incorporates 20% affordable units for moderate incomes on the part of the site desianated for Medium Densitv. The reauest was supported bv the Community Advisory Committee. However. the Plannina Commission is recommendina on Iv Low Medium Densitv. (Councilman Naggar did not partake in this matter and removed himself from the dais and Council Chamber.) Mr. Henderson and Principal Planner Hogan reviewed the proposed request, noting the following: . That the Low Medium Density would create approximately 4 to 5 units per acre · That the Professional Office designation would generally generate more vehicle trips than either residential category; that a vehicle reduction would occur at either Low Medium or Medium Density · That the Professional Office designation would allow multi-family senior housing at a higher density · That approximately 400 units would be the maximum allowable units for Low Medium/Medium Density and approximately 200 units for only Low Medium Density At this time, the public hearing regarding this matter was opened. Advising that a vesting map has been submitted to staff for a project with regard to the area of discussion, Mr. Larry Markham, Temecula, requested approval from the City Council; advised that the project will be heard within the next 60 days by the Planning Commission; and commented on efforts undertaken with regard to this project (preservation of a portion of the Creek, trail connectivity, right of way, etc.). In response to Mayor Comerchero, Planning Director Ubnoske advised that the project referenced by Mr. Markham would be consistent with the current General Plan. Mr. Comerchero questioned how this project would be consistent with the updated General Plan if the Council were to concur with the Planning Commission's recommendation for Low Medium Density. Not having all the specifics, City Attorney Thorson noted that the general rule would be that the City Council may change a zone and because it may be less than the previous zoning or General Plan designation would not necessarily mean it would be illegal. It was noted that a letter was received with regard to this matter and that it would be part of the public record. Mr. Mark Broderick, Temecula, representing Rainbow Canyon Villages Homeowners Association, expressed concern with traffic within the area of discussion and opposed the City Council downgrading a recommended designated roadway. I At this time, the public hearing was closed. R:\Minutes\041205 13 I I I For Councilwoman Edwards, Principal Planner Hogan confirmed that the requested designation would decrease the number of trips per day from the current designation. For Councilman Washington, City Attorney Thorson further clarified Mayor Comerchero's concern whether this project would be consistent with the updated General Plan, noting that there are two issues: whether or not to change the General Plan and what is the impact of that project. Mr. Hogan reiterated that the Community Advisory Committee recommendation would permit approximately 400 units and that the Planning Commission recommendation would permit approximately 200 units, noting that the 400 units had been included in the EIR for the General Plan. Mayor Comerchero expressed concern with the City Council adhering to the Planning Commission recommendation and, thereby, downzoning this property after the applicant, in good faith, presented a project that was consistent with the current General Plan and would be consistent with the CAC's recommendation but not with the Planning Commission's recommendation. MOTION: Councilman Washington moved to approve the CAC's recommendation (for split zoning). Councilwoman Edwards seconded the motion. (This motion was ultimately withdraw.) Deputy City Manager Thornhill noted that by changing the zone from Professional Office to a combination of Low Medium Density and Medium Density, the affordable component requirement would no longer exist but advised that any future project may be conditioned for the affordable component. In light of Mr. Thornhill's clarification, Councilman Washington withdrew the above-mentioned motion and offered the following: MOTION: Councilman Washington moved to retain the Professional Office designation for the 45-acre site on the north side of Loma Linda Road. The motion was seconded by Councilwoman Edwards and voice vote reflected approval with the exception of Councilman Naggar who abstained. At this time, Councilman Naggar returned to the dais. EIR for the proposed Land Use/Open Space Conservation/Growth ManaaementlPublic Facilities/Public Safety/Noise/Air Quality/Community Desian/Economic Development Elements of the General Plan Update and remainina reauests Ms. Eileen Runde, Temecula (wine country), questioned the City's desire to include westerly Anza Road to Butterfield Stage Road in its sphere of influence. Mayor Comerchero reiterated that the City will not be including the wine country in its sphere of influence, noting that it is being included in the Planning Area of the General Plan which will give the City the ability to comment to the County on actions it may take with regard to this area. Ms. Runde as well expressed concern with making Anza Road the Transportation Corridor which will divide wine country. In response to Ms. Runde, Mayor Pro Tem Roberts advised that in the County's General Plan Circulation Element, Anza Road was redesignated from a two-lane road to a four- lane road. R:\Minutes\041205 14 I I I Ms. Adrian McGregor, Temecula (wine country), commented, as per the Department/County/State Transportation minutes, on the width of the corridor relocated to Anza Road and expressed concern that no circulatory roads have been included; addressed air quality; mixed zoning; future inclusion in the City's sphere of influence; taxation; and natural energies. For the General Plan Amendments, City Attorney Thorson advised that the City has followed the legally required notice with publications. Mr. Don Stowe, Temecula, was called to address the City Council but was no longer in attendance of the meeting. Noting that at meeting she had attended the majority of the City's representatives (City's consultant, Police/Fire) were in support of opening roads, Ms. Evelyn Buchanan, Temecula, questioned why the City Council would hire a consultant if it does not consider his recommendations; why request information from Police/Fire if the advise is discounted; why are meetings set to provide this information if the information is not accepted; proposed that the City buy the homes on the Meadowview side of the street and create a strip of land for a Calle Medusa Parkway, similar to Meadows Parkway; and encouraged quality of life for all Temecula residents. Because the public hearing on the Circulation Element has been closed, Mayor Comerchero reminded the upcoming speakers that issues with regard to the Circulation Element will not be discussed this evening. Noting all Elements of the General Plan must be balanced and must be considered in its entirety, Ms. Suzanne Zychowics, Temecula, noted that a General Plan process was followed by City consultant/Commissions/staff; that this process was paid for by the taxpayers; that the process was not adhered to by the City Council and, therefore, the Plan was unbalanced; addressed air quality and safety risks, commenting on the F rating at a particular intersection; and referenced sex offenders residing within her neighborhood. Appreciating the articulateness of Mr. Buchanan and Ms. Zychowics, Councilman Naggar noted that although information has been provided to the City Council regarding the General Plan by consultants/staff/Commissions, the City Council has the responsibility to balance the human factor with this or any other decision. Mr. Naggar encouraged Ms. Zychowiczs and any other individuals to feel free to contact him or the City Manager's Office to obtain information about measures the City has undertaken to address traffic congestion/circulation. Having received numerous emails after the March 22, 2005, City Council meeting, Mayor Comerchero referenced comments made in the emails to which Mr. Comerchero stated that Meadowview residents represent 3.5% of the population of this City, noting that if the City Council's primary concern were its reelection, the Council would have never taken the stand it did on March 22, 2005. Mr. Don Gurdun, representing Walcott Investment, advised that a land plan (consisting of 66 units with a minimum of 7,200 square foot lots up to 30,000 square foot lots on the northern edge of the property) has been prepared for the 22 acres in the northeast section of the City; requested that the City Council consider a zone change from Low Density to Medium Low Density for these 22 acres; and advised that Walcott Investment has offered to provide a fire access road (approximately a mile) for Liefer Road. R:\Minutes\041205 15 I I I At 10:34 P.M., a short recess was taken. Expressing appreciation to the Planning Commission as well as Planning staff with regard to the Temecula Creek Inn Specific Plan, Mr. Sam Alhadeff, representing Temecula Creek Inn, relayed concurrence with the Planning Commission's unanimous recommendation, requesting that restaurants/conference center be included in resort-related uses. Mr. Larry Markham, Temecula, expressed concern with a policy in the Chaparral Policy Area relating to the constraint area and the 15% of allowed disturbance of the constraint area; commented on the difficulty of meeting the requirement of slope areas greater than 25%, natural drainage courses, and biological area; and requested that language be added with regard to not having manufactured slopes from the external view of the site. With regard to Request NO.6 (Temecula Creek Village), Mr. Markham advised that these 7 acres are not in the flood plain; that legal access has been acquired and recorded; and that, therefore, it would be requested that consideration be given to utilizing this area for RV/boat storage. Having requested a zone change at the Planning Commission for a parcel located at Winchester Road and Rustic Glen Drive, Mr. Bart Doyle, Temecula, advised that the requested change would be from Neighborhood Commercial to Professional Office for the purpose of obtaining higher density level in order to construct a senior housing project. Representing Request Nos. 3, 10, and 18, Mr. Matthew Fagan, Temecula, noted the following: · That Request No. 3 - 9 acres at the corner of Margarita Road and Solana Way to change from Medium Density to a combination of Professional Office and Open Space; · That both the CAC and the Planning Commission have concurred with the request; · That Request No. 10 - 18-acre site on the west side of Butterfield Stage Road to change from Very Low Density to a combination of Low Density and Low Medium Density (Margarita Village Specific Plan); supported by both the CAC and the Planning Commission; · That the project has a large frontage on Butterfield Stage Road and conditions will be imposed to participate for the reimbursement of that road; · That if the request were approved, the Margarita Village Specific Plan will still be within its threshold; · That Request No. 18 - 2-acre site on Pauba Road west of the two Neighborhood Commercial properties to change from Very Low Density to Neighborhood Commercial and to remove the property from the Chaparral Area; it was noted that the Planning Commission had not supported this request. In conclusion, Mr. Fagan requested the City Council's support. MOTION: Councilman Naggar moved to extend the City Council meeting to 11 :30 P.M. Mayor Comerchero seconded the motion and voice vote reflected unanimous approval. Ms. Malinda Smith, Temecula, chose to not address the Council. Mr. Younis, Temecula, was either no longer present or chose to not address the Council. R:\Minutes\041205 16 I I I Mr. Farood Ahmad, Temecula, was either no longer present or chose to not address the Council. Ms. Margaret Rich, Temecula, was either no longer present or chose to not address the Council. Ms. Kathy Smith, Temecula, was either no longer present or chose to not address the Council. Mr. Kenneth Hahn, Murrieta, expressed his surprise with the City Council's action to extend a four-lane highway along Ynez/DePortola Roads which would inundate 70 driveways, noting that the most cost-effective way of improving air quality, improving safety, and improve circulation issues would be to open North General Kearny Road. Reiterating previously made comments of reopening the public hearing for the Circulation Element, Mr. Mark Broderick, Temecula, representing Rainbow Canyon Village Homeowners Association, expressed concern with Rural Preservation Area No. 4 (Rainbow Canyon and Great Oak Ranch - south of Pechanga Parkway east of Rainbow Canyon Road adjacent to the Pechanga Casino), sharing concern with the destruction of the hillside and relaying the desire to include this hillside area in the Rural Preservation Area NO.4 in order to maintain the natural resources and the aesthetics of this area. City Clerk Jones referenced the receipt of two letters. At this time, the public hearing was closed. In response to the Mayor's request, the consultant and staff reviewed each request, noting the following: Reauest No. 1 5-acre sliver of propertv on the east side of Maraarita Road to chanae from Public Institutional to Professional Office both the CAC and Plannina Commission have supported the reauest . that the site of discussion will be a challenging site Mayor Pro Tem Roberts noted that an easement would be required to accommodate the pedestrian bridge. Because this would not be the appropriate time to address details, Councilman Naggar suggested that this designation change be reviewed with a project and offered the following motion: MOTION: Councilman Naggar moved to retain the existing General Plan designation of Public Institutional. Mayor Pro Tem Roberts seconded the motion. (Additional discussion ensued prior to the vote; see below.) Councilman Washington expressed his support of the CAC's and Planning Commission's recommendation. At this time, the electronic vote for the previously made motion reflected approval with the exception of Councilman Washington who voted no. R:\Minutes\041205 17 Reauest No.2 I Previously discussed; see pages 11-12. Reauest No. 3 - 9 acres at the corner of Maraarita Road and Solana Wav to chanae from Medium Densitv to a combination of Professional Office and Ooen Soace both the CAC and the Plannina Commission have supoorted the reauest · that the net affect of the proposed change would be a reduction of 70 units. Councilman Washington expressed his support of the request. MOTION: Councilman Washington moved to approve the requested change. The motion was seconded by Councilwoman Edwards. (Additional discussion ensued prior to the vote; see below.) Echoing Councilman Washington's comment of support, Councilwoman Edwards noted that the proposed request would be an improvement for the location. For Mayor Pro Tem Roberts, staff provided clarification as to the location of the Professional Office zone and the Open Space zone. Both Mayor Pro Tem Roberts and Councilman Naggar expressed their support of the request. I At this time, the electronic vote on the previously made motion reflected unanimous approval. Reauest No.4 - 22-acre site between Butterfield Staae Road and Walcott Lane to chanae from Very Low Densitv to Low Densitv 11/2-acre lots) not suooorted bv the CAC and the Plannina Commission . that the net affect of the change would be an addition of 35 units. Although supporting the )I2-acre lot product in order to meet these needs, Councilman Naggar reiterated his previously made statement to review a project prior to a General Plan Amendment and stressed that the )I2-acre lot should be useable, not including slope. MOTION: Councilman Naggar moved to retain the existing General Plan designation of Very Low Density. The motion was seconded by Councilwoman Edwards. (Additional discussion ensued prior to the vote; see below.) Although supporting the )I2-acre lot product, Councilman Washington expressed support of the motion to review the request along with a project. At this time, the electronic vote on the previously made motion reflected unanimous approval. I R:\Minutes\041205 18 I I I Reauest No.5 - 18-acre site on the south side of Nicolas Road between Calle Medusa and Calle Girasol to chanae from Very Low Density to Low Medium Density - not sUDDorted bv the CAC or the Plannina Commission · that the net affect of the change would be the addition of 72 units. MOTION: Councilman Naggar moved to retain the existing General Plan designation of Very Low Density. The motion was seconded by Councilwoman Edwards and electronic vote reflected unanimous approval. Reauest No.6 - narrow 7-acre site south of Temecula Creek Villaae to chanae from ODen to somethina develoDable - not sUDDorted bv the CAC or the Plannina Commission . that the Planning Commission supported the concept of incorporating the property into the Temecula Creek Village project for an appropriate open space use. Mayor Comerchero noted that this site could possibly foresee some form of development such as storage facilities. MOTION: Councilman Naggar moved to retain the existing General Plan designation of Open Space. The motion was seconded by Councilwoman Edwards and electronic vote reflected unanimous approval. Reauest No.7 Previously discussed; see pages 13-14. Reauest No. 8 - 52-acre site wet of the Temecula Education Proiect to chanae from Industrial Park to a combination of Community Commercial. Medium Density. and Hiah Density not sUDDorted bv the CAC or the Plannina Commission MOTION: Councilman Naggar moved to retain the existing General Plan designation of Industrial Park. The motion was seconded by Councilwoman Edwards and electronic vote reflected unanimous approval. Reauest No. 9 - 32-acre site southwest of the Temecula Education Proiect to chanae from Industrial Park to either Medium Density or Hiah Density not sUDDorted bv the CAC or the Plannina Commission MOTION: Mayor Comerchero moved to retain the existing General Plan designation of Industrial Park. The motion was seconded by Councilman Naggar and electronic vote reflected unanimous approval. Reauest No. 10 18.acre site on the west side of Butterfield Staae Road to chanae from Very Low Density to a combination of Low Densitv and Low Medium Density - sUDDorted bv the CAC and the Plannina Commission . that the net affect of the proposed change would be the addition of 14 units . that the proposed request will not exceed the Margarita Village Specific Plan threshold R:IMinutesl041205 19 I I I MOTION: Mayor Pro Tem Roberts moved to approve the requested change. Councilman Washington seconded the motion and electronic vote reflected unanimous approval. Reauest No. 11 3 acres at the northwest corner of Maraarita and Dartola Road to chanae from Professional Office to Community Commercial - not sUDDorted bv the CAC or the Plannina Commission MOTION: Councilman Naggar moved to retain the existing General Plan designation of Professional Office. The motion was seconded by Councilman Naggar and electronic vote reflected unanimous approval. Reauest No. 12 - Commercial ShoDDina Center at the corner of Nicolas Road and Winchester Road . that this request was originally supported by the CAC and the Planning Commission and was processed as a General Plan Amendment by the City Council in 2004. . that no Council action is required Reauest No. 13 - 305-acre Temecula Creek Inn DroDertv - current desianation on the site is ODen SDace with a Recreational Commercial Overlav: reauest was to add Low Medium Density Residential and to sDecify a future sDecific Dlan overlav containina sinale-familv residential units: neither the CAC nor the Plannina Commission sUDDorted the reauest for some Low Medium Density Residential on some of the DroDertv: however, the Plannina Commission did aDDrove a small Dart of the request bv includina the area of Temecula Creek Inn as a future sDecific Dlan overlav area for anv non-resort related uses: the Commission also recommended that an additional General Plan Amendment not be reauired for these non-resort uses From a community point of view, Councilman Naggar questioned whether it would be fair to proceed with a General Plan Amendment or whether it should be considered as a project. Viewing this as an economic development issue, Councilwoman Edwards voiced concurrence with the Planning Commission's recommendation. For Councilman Washington, Mr. Sam Alhadeff, Temecula; confirmed that he had requested the addition of restaurants and conference center. Although viewing the economic development of a business not necessarily as a responsibility of the City Council, Councilman Washington expressed support of creating an environment in which business may be successful and expressed an overall support of this request. Having met with the owner of Temecula Creek Inn, Mayor Pro Tem Roberts relayed his support of a General Plan Amendment. Concurring with Mayor Pro Tem Roberts, Mayor Comerchero as well suggested the inclusion of restaurants and conference center uses. Although expressing support of the request with the inclusion of the restaurant and conference center uses, Mr. Comerchero recommended the removal of the Planning Commission's recommendation to bypass the General Plan Amendment process. R:IMinutesl041205 20 I I I MOTION: Mayor Comerchero moved to approve the recommendation of the Planning Commission with the exception of the removal of the General Plan Amendment. The motion was seconded by Councilman Washington and electronic vote reflected unanimous approval. MOTION: Councilman Naggar moved to extend the meeting to 12 midnight. The motion was seconded by Councilwoman Edwards and voice vote reflected unanimous approval. Reauest No. 14 2-acre site at the northeast corner of Hiahwav 79 South and Jedediah Smith Road to chanae from Very Low Densitv to Professional Office not sUDDorted bv the CAC or Plannina Commission MOTION: Councilman Naggar moved to retain the existing General Plan designation of Very Low Density. Mayor Comerchero seconded the motion and electronic vote reflected unanimous approval. The following requests were submitted after the CAC provided its recommendation to the Planning Commission and City Council. Reauest No. 15 Has been withdrawn. Reauest No. 16 to chanae a six-acre site on the east side of Winchester Road at Rustic Glen Drive from Neiahborhood Commercial to Professional Office with the intent. as Der the owner. to develoD a senior housina proiect - the Plannina Commissioner sUDDorted the concept of a senior housina Droiect but was unwillina to recommend aDDroval of the reauest without the review of a sDecific Droiect MOTION: Councilman Naggar moved to retain the existing General Plan designation of Neighborhood Commercial. Mayor Pro Tem Roberts seconded the motion and electronic vote reflected unanimous approval. Reauest No. 17 - 3-acre site located at the southeast corner of Ynez Road and Tierra Vista to chanae the Land Use Desianation from Professional Office to Hiah Density Residential the Plannina Commission has recommended Medium Density · that the net affect with the proposed change to High Density would be the addition of 36 units . that a conceptual project has been shared with staff . that there are existing flag lots · that Professional Office would permit a high-density senior housing project Considering the close proximity of the site of discussion to the Duck Pond, Councilman Naggar noted that additional parking is needed at the Duck Pond and questioned whether a General Plan Amendment would increase this property's value. MOTION: Councilman Naggar moved to retain the existing General Plan designation of Professional Office. Mayor Pro Tem Roberts seconded the motion and electronic vote reflected unanimous approval. R:\Minutes\041205 21 I I I Reauest No. 18 - 2.acre site on Pauba Road west of the two Neiahborhood Commercial properties to chanae from Verv Low Densitv to Neiahborhood Commercial and remove the property from the Chaparral Area the Plannina Commission did not support the reauest Councilman Naggar, echoed by his fellow Council members, again reiterated his desire to review a project to ensure it would be compatible to adjacent uses. Because of the close proximity of the school, Mayor Pro Tem Roberts requested that those restrictions imposed on the existing business be imposed on any future project. MOTION: Councilman Naggar moved to retain the existing General Plan designation of Very Low Density. Councilman Washington seconded the motion and electronic vote reflected unanimous approval. Other Recommended Chanaes. Remove the propertv for Land Use Reauest No. 2 from the Nicolas Vallev Rural Preservation Area MOTION: With regard to Request No.2, Councilman Naggar moved to retain the 72 acres at the corner of Nicolas Road and Via Lobo in the Nicola Valley Rural Preservation Area. The motion was seconded by Councilwoman Edwards and electronic vote reflected approval with the exception of Mayor Comerchero who abstained. South side of Jefferson Avenue Corridor Having discussed this item with Director of Housing and Redevelopment Director of Housing and Redevelopment Meyer, Mayor Comerchero noted that the addition of the following language is being recommended: . that specific language be added to call for further analysis of the lower Jefferson Avenue Corridor. MOTION: Mayor Comerchero moved to add the above-mentioned language with regard to the Jefferson Avenue Corridor. The motion was seconded by Councilman Naggar and electronic vote reflected unanimous approval. Providing a brief recap of the General Plan process, Councilman Naggar thanked the City's consultant, staff, Community Advisory Committee, Planning Commission, the community, and his Council colleagues on a job well done. With regard to the Chaparral Policy, Councilman Naggar noted that he would view it as too dense. In response to Principal Planner Hogan, the following motion was offered: MOTION: Councilman Naggar moved to accept the recommended additional Airport Land Use Commission policies. The motion was seconded by Councilwoman Edwards and voice vote reflected unanimous approval. R:IMinutesl041205 22 I MOTION: Councilman Naggar moved to adopt Resolution Nos. 05-43 and 05-44. The motion was seconded by Councilman Washington and electronic vote reflected unanimous approval. Echoing Councilman Naggar, Mayor Comerchero thanked all those involved in the process. CITY MANAGER'S REPORT No additional comment. CITY ATTORNEY'S REPORT City Attorney Thorson advised that there were no reportable actions with regard to Item Nos. 1 and 2. With respect to Closed Session Item No.3, Mr. Thorson advised that the City Council had approved an agreement with the County of Riverside to settle the City's litigation, challenging the Riverside County Integrated Project. The vote was three in favor, none opposed, and Mayor Comerchero and Mayor Pro Tem Roberts had not participated in the vote. Mr. Thorson noted that the Settlement Agreement requires the City and County to amend its General Plans to prohibit issuing building permits until housing projects' affects on major arterial roads are fully mitigated; that the Agreement as well calls for a freeway study to examine the affects of new housing on Western Riverside County freeways; and that a summary of the Settlement Agreement and a copy of Settlement Agreement will be available tomorrow morning. ADJOURNMENT I At 12:15 A.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday, April 26, 2005, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. "~ ATTEST: ~ I R:\MinutesI041205 23