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HomeMy WebLinkAbout071205 CC Minutes I I I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JULY 12, 2005 The City Council convened in Closed Session at 6:30 P.M., on Tuesday, July 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 the Musicians Workshop. INVOCATION The invocation was given by Pastor Leon Franklin of Living Word Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Councilman Washington. PRESENT ATIONS/PROCLAMATIONS Certificate of Achievement to Bubba Riaains for attainina Eaale Scout Rank Mayor Comerchero presented a certificate of achievement, along with the City Eagle Scout pin, and asked Scout Riggins to describe his report. In response to Mayor Comerchero's request, Eagle Scout Riggins provided an overview of his Eagle Project, stating he completed a renovation of the Boys and Girls Club Caboose in Old Town, turning it into a Literacy Center. PUBLIC COMMENTS Mr. Cllf Hewett, representing the group known as "Save Our Southwestern Hills," asked that the City oppose the Granite Quarry proposed for the border of Riverside and San Diego County. He listed his concerns as: noise, air pollution, and traffic. Mr. Jim Brady echoed Mr. Hewlett's concerns. CITY COUNCIL REPORTS A. Councilman Washington requested a report be prepared regarding City Commission term limits, to give the opportunity of serving on Commissions to more City residents. He requested this be placed on the agenda the last meeting in August. R:lMinutesl071205 I I I CONSENT CALENDAR 1 Standard Ordinance and Resolution Adootion Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of June 14, 2005. 3 Resolution aoorovina List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 05-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Reoort RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of May 31, 2005. 5 Dalton II !PA05-0171l RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 05-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, APPROVING A HEIGHT INCREASE OF ONE- STORY FOR PLANNING APPLICATION NO. PA05-0171, LOCATED AT 41925 FIFTH STREET, GENERALLY LOCATED ON THE NORTH SIDE OF FIFTH STREET, APPROXIMATELY 200 FEET WEST OF MERCEDES STREET, KNOWN AS ASSESSOR PARCEL NO. 922-024-12 AND 922-024-13 R:IMinutesl071205 2 I I I Councilwoman Edwards abstained on this item due to her employer's negotiations to provide financing for this project. 6 Professional Services Aareement RBF Consultina Amendment NO.1 Ootional Tasks 17, 18. and 19 1-15/State Route 79 South Ultimate Interchanae Proiect No. PW04-08 RECOMMENDATION: 6.1 Approve the First Amendment to the agreement with RBF Consulting in an amount no to exceed $98,196 to conduct additional environmental analyses, alternative geometric design, and supplemental traffic analyses for the 1-15/State Route 79 South Ultimate Interchange - Project No, PW04-08 and authorize the Mayor to execute the amendment. 7 Award a Construction Contract for Traffic Sianal Installation at SR 79 South and Countrv Glen Way Proiect No, PW04-09 RECOMMENDATION: 7.1 Award a construction contract for Traffic Signal Installations at SR 79 South and Country Glen Way - Project No. PW04-09 to DBX, Inc. in the amount of $149,218 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 $14,921.80, which is equal to 10% of the contract amount; 7.3 Approve an appropriation in the amount of $142,140 to fund the administrative and construction costs for the Traffic Signal Installation at SR 79 South and Country Glen Way from Developer Mitigation fe'es; 7.4 Approve a transfer in the amount of $57,000 of Developer Impact Fees - Traffic from the Redhawk Parkway at Overland Trail traffic signal installation project to the SR 79 South and Country Glen Way project. 8 Authorize Temoorarv Street Closure of Main Street between Old Town Front Street and Puiol Street for the Saturday Niahts on Main Street event scheduled for Julv 16. Auaust 20. and Seotember 17. 2005. and deleaate authority to issue a Soecial Events/Street Closures Permit to the Director of Public Works/City Enaineer RECOMMENDATION: 8.1 Adopt a resolution entitled: R:IMinutesl071205 3 I I I RESOLUTION NO. 05-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF MAIN STREET BETWEEN OLD TOWN FRONT STREET AND PUJOL STREET FOR THE SATURDAY NIGHTS ON MAIN STREET EVENT SCHEDULED FOR JULY 16TH, AUGUST 20TH, AND SEPTEMBER 17TH, 2005 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 9 Parkina Restrictions - Winchester Road and Route 79 South RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 05-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ESTABLISHING A PARKING RESTRICTION ON BOTH SIDES OF WINCHESTER ROAD BETWEEN JEFFERSON AVENUE AND WINCHESTER CREEK AVENUE AND ROUTE 79 SOUTH BETWEEN BEDFORD COURT AND TEMECULA CREEK ROAD 10 Acceotance of Quitclaim Deeds - Redhawk Park A RECOMMENDATION: 10.1 Accept and record the Grant Deed for Redhawk A, subject to all title report issues being reviewed and approved by the TCSD and the City Attorney's Office; 10.2 Authorize vacation of Quitclaim Landscape Easement Deed for Redhawk Park A. 11 Bovs and Girls Club Ground Lease Amendment RECOMMENDATION: 11.1 Approve the First Amendment to Ground Lease by and between the City of Temecula and the Boys and Girls Club of Southwest County. Councilman Naggar abstained on this item, due to his membership on the Boys and Girls Club Board of Directors. R:IMinutesl071205 4 12 Second Readina of Ordinance No. 05-10 (Temecula Education Center) I RECOMMENDATION: 12.1 Adopt an ordinance entitled: ORDINANCE NO. 05-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND AGK GROUP, LLC, ESTABLISHING CERTAIN DEVELOPMENT RIGHTS FOR THE TEMECULA EDUCATION CENTER (PA04-0582 AND PA05-0070) 13 Second Readina of Ordinance No. 05-11 (Temecula Education Center) RECOMMENDATION: 13.1 Adopt an ordinance entitled: I ORDINANCE NO. 05-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA FROM PUBLIC INSTITUTIONAL (PI) TO PLANNED DEVELOPMENT OVERLAY (PDO-10) AND ADOPTING SECTIONS 17.22.210 THROUGH 17.22.218 INCLUDING THE PDO.10 TEXT AND DEVELOPMENT STANDARDS FOR A SITE GENERALLY LOCATED AT THE NORTHWEST CORNER OF DIAZ ROAD AND DENDY PARKWAY KNOWN AS ASSESSOR PARCEL MAP NO. 909-370-002 14 Second Readina of Ordinance No, 05-13 (Stormwater Runoff Qualltv) RECOMMENDATION: 14.1 Adopt an ordinance entitled: I R:lMinutesl071205 5 I ORDINANCE NO. 05.13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 8.28 OF THE TEMECULA MUNICIPAL CODE WHICH IMPOSES THE REQUIREMENTS OF THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT CONCERNING STORMWATER RUNOFF QUALITY; POLLUTION DISCHARGES; CONTROL OF URBAN RUNOFF; INSPECTIONS OF SOURCES OF DISCHARGES; ENFORCEMENT OF WATER QUALITY AND DISCHARGE REGULATIONS AND PERMITS WITHIN THE CITY OF TEMECULA AND AUTHORIZING THE DIRECTOR PUBLIC WORKS/CITY ENGINEER TO PREPARE A MANUAL SETTING FORTH THE ADMINISTRATIVE RULES, PROCEDURES, AND REQUIREMENTS NECESSARY TO IMPLEMENT THIS ORDINANCE MOTION: Councilman Naggar moved to approve Consent Calendar Items 1-14, with Councilwoman Edwards abstaining on Item No.5, and Councilman Naggar abstaining on Item No. 11. The motion was seconded by Mayor Pro T em Roberts, and electronic vote reflected unanimous aooroval. I At 7:13 P.M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:19 P,M" the City Council resumed with regular business. PUBLIC HEARINGS 15 General Plan Amendment RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 05-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE MAP FOR PROPERTIES WITHIN THE MEADOWVIEW TRACT FROM LOW DENSITY (L) RESIDENTIAL AND RURAL RESIDENTIAL (RR) TO VERY LOW (VL) DENSITY RESIDENTIAL; AND ADDING TEXT TO THE GENERAL PLAN LAND USE ELEMENT RELATED TO THE LAND USE COMPATIBILITY Assistant City Attorney Curley announced that two members of the Council have a conflict of interest on this item, due to homeownership in the Meadowview Area, I At this time Mayor Pro Tem Roberts and Councilman Washington left the dais. R:IMinutesl071205 6 I I I Deputy City Manager Thornhill presented the staff report (of record,) He noted that during the Zoning Consistency Rezoning, a discrepancy was noticed regarding the Meadowview Area. It was also noted by Deputy City Manager Thornhill, who reported on the July 5, 2005 Planning Commission meeting, that the Planning Commission's recommendation was not to make the proposed changes to the General Plan; advising that it was the opinion of the Planning Commission that the predominant lot sizes were considerably under the 2.5 designation with most lots in the ,5 to Yo of an acre size; therefore, the recommendation was to leave it as it was on the General Plan that was adopted (which would be one-acre designation on the Viscelli property). The Planning Commission's recommendation also included adding the missing text regarding "Land Use Compatibility" (see staff report) At this time, the public hearing was opened. Ms. Winifred Corey and Ms. Diana Lovett-Webb, Temecula residents, spoke in favor of General Plan Amendment which is intended to confirm that the Meadowview development retain the Very Low Density Residential (VL) land use designation. At this time, the public hearing was closed. MOTION: Councilman Naggar moved to approve staff recommendation, Councilwoman Edwards seconded the motion and yoice vote reflected unanimous aooroval with the exception of Councilman Roberts and Councilman Washington who both abstained. ORDINANCE NO. 05.76 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA AND AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ACHIEVE CONSISTENCY WITH THE PROVISIONS AND REQUIREMENTS OF THE UPDATED CITY GENERAL PLAN (PA05-o085) 16 Consistency Rezonina Ordinance (PA05-0085) RECOMMENDATION: 16,1 Introduce and read by title only an ordinance entitled: MOTION: Mayor Naggar moved to approve the consistency zoning as it would pertain to Meadowview and continue the remainder of the consistency ordinance. Councilwoman Edwards seconded the motion and voice vote reflected aooroval with the exception of Councilman Washington and Councilman Roberts who both abstained. R:IMinutesl071205 7 I I I ORDINANCE NO. 05-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA AND AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ACHIEVE CONSISTENCY WITH THE PROVISIONS AND REQUIREMENTS OF THE UPDATED CITY GENERAL PLAN (PA05-0085) At this time, Councilman Roberts and Councilman Washington returned to the dais. 17 An Aooeal of the Plannina Commission decision to aoorove a Develooment Plan Aoolication for the Harveston Retirement Residence PA04-0393 RECOMMENDATION: 17.1 Adopt a resolution entitled: Director of Planning Ubnoske presented the City Council with a staff report (of written material). In response to the City Council's questions, Director of Planning Ubnoske offered the following information: · That a congregate care facility was on the designated plan at its designated height which is listed as a permitted use . That the apartment complex to the south and east would be a mix of two and three- stories . That the proposed project would be consistent of the Harveston Specific Plan design Guidelines and Development Code . That a traffic study was performed in the initial Specific Plan and was well within limits and that all traffic impacts have been mitigated . That a total of 1650 will be made available for retail . That the total units of the apartments will be 300 . That at this time, there is a total of 1500 residents in the Harveston Community. Deputy City Manager Thornhill relayed that retail component would be designed into the building that it would be a part of the streetscape and that staff will be ensuring that retail develops in the Village. At this time, the public hearing was opened. The following individuals spoke in favor of the proposed project for the following reasons: R:IMinutesl071205 8 . Mr. Dough Kerner I . Mr. Garth Brandaw . Ms, Mary Rauschenburg · That the proposed project will be an outstanding addition to the Harveston Community · That the proposed project would be consistent with the Harveston Specific Plan and that the project is also consistent with the Development standards and Design Guidelines · That the need for senior housing in Temecula is tremendous · That the architecture was revised per the Planning Commission's recommendation to haye exterior treatment of the building to be more consistent with the style intended for this area; and that the height is less than 50 feet permitted in the Harveston Specific Plan · That the fourth-floor of the proposed building was entirely eliminated resulting in a reduction of the overall height · That the extensive single-story elements were also incorporated into the building I · That the project was also conditioned to include additional roofline variations subject to the Planning Director's approval before issuance of a building permit · That the village retail was introduced and that it will occupy approximately 30 percent of the frontage on Village Road · That originally the applicant proposed 120 suites but that it has been reduced to 115 suites · That the building will primarily be single occupancy and that the average age would be late 70s early 80s · That the color and design of the building will emulate an "American" architecture style which would be in keeping with the style of the surrounding buildings being constructed in the Harveston Village · That the senior units would create less than two trips per suite, per day. The following individuals spoke against the proposed project for the following reasons: . Ms. Stormer Simm Ms. Suzanne Reilly . Mr. Mike Bender Mr, Paul Padgett . Mr. Anthony Reiter Mr. Norman Nelson I . Mr. Tom De Encino R:IMinutesl071205 9 I I I · That the size, mass and density of the proposed building would be too large for a residential area such as Harveston · That residents are of the opinion that a feasible traffic study has not been adequately performed . That if the proposed project is approved, property values could depreciate . That the spirit and intent of the Harveston Specific Plan will not be accomplished with the proposed project . That the building height was not significantly reduced . That a significant amount of retail was not added to the proposed project · That the proposed retail is an extension of the services provided by the retirement residence and will not be used for other purposes · That an overwhelming majority of the Harveston residents do not wish to see such a large building in their community · That the spirit of the Harveston Specific Plan was to create small town America . That the City Council hear the concerns of the residents and overturn the Planning Commission's decision to approve the project . That the residents are not opposed to seniors or assisted living but rather the mass of the proposed project · That the proposed project would not engage Harveston residents and would not be a destination; that the height and mass of the project does not evoke a small town feel and it would be the largest building in Harveston . That the proposed project would not add to the public's pedestrian experience or give equal area of retail as compensation for its high density. For Mr. Bender, Councilman Naggar asked if he would object if the applicant went from three- story to four-story and added more retail to the bottom floor, In response to Councilman Naggar's question, Mr. Bender replied that his entire objection to the proposed project would be the height, stating that four-stories would be completely incompatible with any building in Harveston. For Councilman Naggar, Mr, Reiter relayed that he would absolutely not support a four-story building despite an increase of retail on the ground floor. Mr. De Encino noted that he would not be in support of a four-story building with more retail added to the bottom floor. Echoing previous comments, Ms. Reilly noted for the record that she would not be in favor of a four-story building, but perhaps a three-story building with retail devoted to the ground level. R:IMinutes1071205 10 I I I Mr. Padgett also stated that he would not be in support of a four-story building despite the ground floor being dedicated to retail use, Mr. Doug Kerner and Mr. Garth Brandaw noted that the applicant has spent over a year developing a scale and sensitivity for the proposed development and that as proposed, the project would be consistent with the Design Guidelines and Development Code. At this time, the public hearing was closed. At this time, the City Council offered the following comments in regard to the proposed project: · That when the Harveston SpeCific Plan was approved, senior units were a component of that plan as well as density · That there is a severe need for senior housing in Temecula · That the applicant has made a great deal of modifications to address concerns of the Planning Commission as well as surrounding residents · That the intent of the Harveston Specific Plan was to include residents of all ages · That the proposed project would be consistent with the Design Guidelines and Development Code, MOTION: Councilman Naggar moved to deny the appeal and approve the Planning Commission's decision. Councilman Washington seconded the motion and electronic vote reflected unanimous aooroval. RESOLUTION NO. 05-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING AN APPEAL OF THE PLANNING COMMISSION DECISION TO APPROVE PLANNING APPLICATION NO. PA04-0393, A DEVELOPMENT PLAN TO CONSTRUCT, ESTABLISH, AND OPERATE A THREE-STORY, 115-UNIT SENIOR CONGREGATE CARE FACILITY ON 2.1 ACRES LOCATED AT THE SOUTHEAST CORNER OF VILLAGE ROAD AND TOWNSHIP ROAD WITHIN THE HARVESTON SPECIFIC PLAN AREA ALSO KNOWN AS APN 916-560-010 COUNCIL BUSINESS 18 Aooointment of Subcommittee for Infrastructure Beautification RECOMMENDATION: 18.1 Appoint a subcommittee to develop recommendations for policies and programs for beautification of public infrastructure. Assistant City Manager Jim O'Grady presented the staff report (of record.) R:IMinutesl071205 11 I I I MOTION: It was moved by Councilman Washington to appoint Councilwoman Edwards and Councilman Naggar to the Council Subcommittee for Infrastructure Beautification. The motion was seconded by Mayor Comerchero and electronic vote reflected unanimous approval, 19 Plannina Commission Aooointments RECOMMENDATION: 19.1 Appoint two applicants to serve on the Planning Commission, one for a full three- year term through June 15, 2008 and one un-expired term through June 4, 2007. City Clerk Jones presented the staff report (of record,) MOTION: It was moved by Councilman Washington to reappoint David Mathewson to serve a full three-year term, and appoint Stanley Harter to fill the un-expired term. The motion was seconded by Mayor Pro Tem Roberts and electronic vote reflected unanimous approval. Councilman Naggar commented on the quality of applicants and asked all those who applied to please apply again, for future opportunities. Mayor Comerchero concurred with Councilman Naggar, stating he was extraordinarily expressed with the applicants, making this a difficult decision. He also requested that these applicants apply again for future City Commissions or Committees, Echoing previous comments, Councilman Washington thanked the applicants and voiced his desire that these individuals stay engaged in the City process, 20 Old Town Local Review Board Aooointments RECOMMENDATION: 20.1 Appoint three applicants to serve full three-year terms (two regular and one alternate) on the Old Town Local Review Board. City Clerk Jones presented the staff report (of record.) MOTION: It was moved by Councilwoman Edwards to reappoint Walt Allen and Peg Moore to a full three-year term, and John Williams for a full three-year alternate position. Mayor Pro Tem Roberts seconded the motion, and electronic vote reflected unanimous approval. CITY MANAGER'S REPORT Assistant City Manager O'Grady reported on the State Budget, stating Vehicle License Fee payback, which was intended for a 2-year period, has been accelerated and the City should receive 1.3 million this year. R:IMinutesl071205 12 CITY ATTORNEY'S REPORT I None given, ADJOURNMENT I I At 9:33 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday, June 14, 2005, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: R:IMinutesl071205 13