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HomeMy WebLinkAbout072605 CC Minutes I I I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JULY 26, 2005 The City Council convened in Closed Session at 5:45 P.M., on Tuesday, July 26, 2005, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. The Open Session convened at 7:01 P.M. Present: Council members: 4 Edwards, Roberts, Washington, and Comerchero Absent: 1 Council members: Naggar PRELUDE MUSIC The prelude music was provided by Joshua and Kevin Jurkosky. *** With great sadness, Mayor Comerchero commented on the passing of Mrs. Maggi Allen, the Children's Museum Manager, and in her memory, called for a moment of silence. Mr. Comerchero advised that her memorial service will be Monday, August 1, 2005, at 4:00 P.M., at Rancho Community Church. *** With regard to Consent Calendar Item No. 15 (Parking/Stopping Restrictions - Butterfield Stage Road), Mayor Comerchero advised that this Consent Calendar item and the issue of illegal immigration has no correlation and, therefore, noted that if anyone wished to address the issue of illegal immigration that this matter be addressed under Public Comments and not under Item No. 15. INVOCATION The invocation was given by Rabbi Hurwitz of Chabad of Temecula Valley. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Councilwoman Edwards. PUBLIC COMMENTS A. With sadness commenting on the loss of Children's Museum Manager Allen, Mrs. Pat Comerchero and Ms. Christina Gamboa, Temecula, representing the Friends of the Temecula Children's Museum, apprised the community of the Board's initiation of a community donation process for the purchase of a lasting memorial in Maggi's remembrance such as a piece of public art. Mayor Comerchero requested that the matter be forwarded to the Community Services Commission for further review and consideration. R:IMinutesl072605 I I I B. Mr. Greg Morrison, representing the Temecula Chamber of Commerce, invited the Temecula residents to participate in the Temecula Community Night with the Lake Elsinore Storm on Friday, August 12, 2005, at a cost of $5.00 per ticket, noting that portions of the ticket sales will be allocated to Safe Alternatives for Everyone (SAF.E.). Having attended the ground breaking ceremony for the Rancho Springs Hospital expansion, Mr. Morrison relayed his enthusiasm for this project and expressed his similar enthusiasm for the future ground breaking ceremony for the City's hospital. C. Expressing her and Mr. Allen's appreciation of the City Council's support during this difficult time, Mrs. Eve Craig, Temecula, commented on the love Maggi had for the Children's Museum. D. Thanking the City Council and City staff for its support, Mr. Bill Gould, Temecula, representing Full Value Entertainment, expressed his appreciation as did many of the City's youth for the support of Madeline's Coffee House. E. As homeowners near the seventh hole in Temeku Hills, Ms. Melanie Hastey, Temecula, shared her experience with errant golf balls damaging windows as well as jeopardizing the safety of her children. Having been granted approval for protective golf netting by the homeowners association, Ms. Hastey noted that she has been advised that the City does not allow protective netting and requested that this matter be addressed by either amending the City's Code or granting a variance to ensure the existing netting does not have to be removed. F. Echoing the errant golf ball concern in Temeku Hills, Mr. Manny Lemas, Temecula, requested that this matter be addressed by the City Council. G. Briefly highlighting the upcoming programs, Mr. Kevin Page and Mr. John Roberts, Hemet, representing KZSW Television, Inc., publicly thanked Councilwoman Edwards who has been instrumental in getting this television station located in the City. H. Referencing numerous emailswithCitystaff.Mr.MikeKuhn.Temecula.reiterated his concern with regard to street closures and advised that he would be desirous of obtaining legal information as to why streets have been closed. I. Ms. Dottie Dalton, Murrieta, addressed the illegal alien issue and requested that the City Council address this matter. J. Not having been satisfied with previous answers, Ms. Suzanne Zychowics, Temecula, readdressed the City Council with regard to street closures and distributed several questions regarding this matter to the City Council and requested that the City Council respond to her questions at a future date. Advising that Mayor Pro Tem Roberts and he have been advised by the City Attorney of a conflict of interest as it pertains to the Meadowview area, Councilman Washington, in response to Ms. Zychowics, noted that Mr. Roberts and he may not respond to any communication regarding this matter. At this time. public input was received with reaard to Consent Calendar Item No. 15 (Parkina/Stoppina Restrictions - Butterfield Staae Road) R:IMinutesl072605 2 I I I A. Mr. Freeman Sawyer, Camarillo, requested that the City Council address the day laborer problem, noting that painting the curb red on Butterfield Stage Road will not be an affective measure to address the day laborer problem. Having obtained specific information from an immigration attorney, Mr. Sawyer shared the information and recommended the adoption of a specific ordinance relating to this matter. B. Commending the City Council on its immediate action with regard to the concerns raised with regard to the gathering of day laborers at Butterfield Stage Road and Rancho California Road, Ms. Linda Woods, Temecula, encouraged the City Council to further explore the day laborer problem. C. Echoing Ms. Woods' comment, Mr. Arne Chandler, Murrieta, addressed the issue of painting the curb red, noting that such action would only relocate the day laborers to a different location within the City, noting that such action will have no lasting value. Mr. Chandler commented on Mr. Sawyer's suggestion to explore alternative legal action and also recommended affective Police Department actions. D. Ms. Jeanne Eberle, Murrieta, encouraged the City Council to work on resolving the loitering of day laborers, expressing a concern with safety as well as residents paying taxes for the benefit of illegal aliens, and day laborers taking jobs from legal residents. CITY COUNCIL REPORTS No comments. 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. 05.78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 Minutes R:\MinutesI072605 3 I I I RECOMMENDATION: 3.1 Approve the minutes of June 28, 2005. 4 City Treasurer's Statement of Investment Policv RECOMMENDATION: 4.1 Adopt the Treasurer's Statement of Investment Policy as proposed by staff which provides safety, liquidity and yield for City funds. 5 Infrastructure Fundino Aoreement for SR79 Improvements RECOMMENDATION: 5.1 Approve the Infrastructure Funding Agreement between the City of Temecula and the County of Riverside that allows the County's Assessment District 159 funds to be used for SR79 improvements. 6 Professional Services Aoreement for Annual Administration of CFDs/AD RECOMMENDATION: 6.1 Approve a one-year professional services agreement with Canty Engineering Group, Inc. in the amount of $58,500 for debt service administration for the City's Community Facilities Districts and Assessment District for Fiscal Year 2005/2006 and Weed Abatement Program administration for Fiscal Years 2004/2005. 7 City Vehicle Maintenance Aoreements RECOMMENDATION: 7.1 Approve the Maintenance Agreement with Temecula Auto in the amount of $75,000 plus a 10% contingency; 7.2 Approve the Maintenance Agreement with Old Town Tire in the amount of $50,000 plus a 10% contingency. 8 Tract Map Nos. 30264-4. -5. -11 & -12 (located east of Pecha no a Parkwav. south of Wolf Vallev Road. in the Wolf Creek Specific Plan No. 12 EIR) RECOMMENDATION: 8.1 Approve Final Tract Map Nos. 30264-4, -5, -11, & -12, in conformance with the Conditions of Approval; 8.2 Approve Subdivision Improvement Agreements; R:\MinutesI072605 4 I I I 8.3 Approve Subdivision Monument Agreements and accept the Faithful Performance Bonds, Labor and Material Bonds and Monument Bonds as security for the agreements. 9 Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the Pavement Rehabilitation Prooram FY 2005/06. Ynez Road. Project No. PW04-12 RECOMMENDATION: 9.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Pavement Rehabilitation Program FY 2005/06 - Ynez Road, PW04-12. 10 Completion and Acceptance of Construction Contract. Traffic Sionallnstallation at Pecha no a Parkwav and Muirfield Drive. Project No. PW99-11TS RECOMMENDATION: 10.1 Accept the project, Traffic Signal Installation at Pechanga Parkway and Muirfield Drive, Project Number PW99-11TS as complete; 10.2 File a Notice of Completion, release the Performance Bond; and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 10.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. 11 Professional Services Aoreement - Vali Cooper & Associates. Inc.. Contract for Construction Manaoement and Inspection Services for City-wide Verizon Fiber Optics FTTP Installation Proiect RECOMMENDATION: 11.1 Approve an agreement with Vali Cooper & Associates, Inc. in an amount not to exceed $205,040.00 to provide Public Works Construction Management and Inspection Services for the Verizon City-wide FTTP (Fiber to the Premises) Project, and authorize the Mayor to execute the agreement; 11.2 Authorize the City Manager to approve Change Orders not to exceed the contingency amount of $20,504, which is equal to 10% of the agreement amount; 11.3 Approve an appropriation in the amount of $225,544 to the Public Works Engineering Consulting Account from the Encroachment Permit Revenue for the Verizon Fiber Optics Project; 11.4 Increase Encroachment Permit Revenues in the amount of $225,544 in the General Fund Reserves. R:\MinutesI072605 5 I I I 12 Award of Consultant Services Aoreement for the Temecula Librarv Information Svstems- Proiect No. PWOO-07 RECOMMENDATION: 12.1 Approve the consulting services agreement with Conduit Consulting Networks for the amount of $34,200, and authorize the Mayor to execute the contract; 12.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $3,420 which is equal to the 10% contingency. 13 Approve the Sponsorship Reouest for "The Temecula Rock 'n Rod Run" RECOMMENDATION: 13.1 Approve "The Temecula Rock 'n Rod Run" Sponsorship Agreement with P & R Foundation and authorize the Mayor to execute the Agreement; 13.2 Appropriate $11,475 from the unallocated reserves of the General Fund for sponsorship costs. 14 Two-Year Aoreement with Animal Friends of the Vallevs for Animal Control Services RECOMMENDATION: 14.1 Approve a two-year contract for Animal Control Services with Animal Friends of the Valleys not to exceed $150,000 per year; 14.2 Authorize the City Manager to approve additional service not to exceed $10,000 in contingency. For Councilman Washington, City Attorney Thorson briefly summarized the proposed changes to this two-year agreement - to eliminate verbiage regarding prevailing wage and to include the original scope of work. 15 Parkino/Stoppino Restrictions - Butterfield Staoe Road RECOMMENDATION: 15.1 Establish "No Stopping" zones along the west half of Butterfield Stage Road between Chemin Clinet and Rancho Vista Road and along both sides of Rancho California Road from Butterfield Stage Road to Promenade Chardonnay; and direct City staff to work with the County of Riverside to establish similar "No Stopping" zones along the east side of Butterfield Stage Road and portions of Rancho California Road. (See page 2 for public comments.) For Councilman Washington, City Attorney Thorson clarified that assuming the day laborer is a U.S. citizen, there are numerous employment laws imposed through the State Employment R:\MinutesI072605 6 I I I Department, the Department of Industrial Relations, Internal Revenue Service, the State Franchise Tax Board, as well as a number of other agencies but that there would be no City role in assuring these employment laws are followed. 16 Reouest to Authorize Niohttime Gradino Operations for the Temecula Auto Mall RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 05.79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING NIGHTTIME GRADING ACTIVITIES FOR A PORTION OF THE AUTO MALL ALONG YNEZ ROAD AND ADOPTING A MITIGATED NEGATIVE DECLARATION (EA-121) 17 Authorization of Special Tax Lew in Community Facilities District No. 88-12 (Ynez Corridor) RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 0580 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) MOTION: Mayor Pro Tem Roberts moved to approve Consent Calendar Item Nos. 1 -17. The motion was seconded by Councilman Washington and electronic vote reflected approval with the exception of Councilman Naggar who was absent. At 7:41 P.M., the City Council reconvened as the Temecula Community Services District, the Temecula Redevelopment Agency, and the Temecula Public Financing Authority. At 7:48 P.M., the City Council resumed with regular business. PUBLIC HEARING 18 Consistencv Rezonino Ordinance (PA05-0085) RECOMMENDATION: 18.1 Introduce and read by title only an ordinance entitled: R:IMinutesI072605 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) Deputy Manager Thornhill reviewed the staff report (as per agenda material). Mayor Comerchero opened the public hearing: there being no public input, the hearing was closed. Because this ordinance will include an entirely new zoning map even though not all properties have been changed, City Attorney Thorson advised that for each Councilmember who owns property either residential or commercial property of interest, the vote will reflect those Council members not be participating in those particular properties when adopting this ordinance. At this time, City Attorney Thorson introduced and read by title only Ordinance No. 05-07. MOTION: Mayor Pro Tem Roberts moved to introduce Ordinance No. 05-07. The motion was seconded by Councilwoman Edwards and electronic vote reflected approval with the exception of Councilman Naggar who was absent. 19 Vinvards View Estates. Plan nino Application Nos. PA04-0390 and PA04-0392. Specific Plan Amendment (text and map-PA04-0390l. and Tentative Tract Map No. 23103-2 (PA04-0392) RECOMMENDATION: 19.1 Adopt a resolution entitled: RESOLUTION NO. 05-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR THE VINEYARDS VIEW ESTATES, GENERALLY LOCATED AT THE NORTHWEST CORNER OF BUTTERFIELD STAGE ROAD AND CHEMIN CLINET, AND KNOWN AS ASSESSOR PARCEL NOS. 953-390-007 AND 953-050-009 (PA04-0390 AND 04-0392) 19.2 Introduce and read by title only an ordinance entitled: R:\MinutesI072605 8 I I I ORDINANCE NO. 05-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PLANNING AREAS 7 AND 9 OF THE MARGARITA VILLAGE SPECIFIC PLAN TO CHANGE THE SPECIFIC PLAN PERMITTED USES WITHIN PLANNING AREA 7 FROM USES ALLOWED IN THE L-1 (1-ACRE LOTS) ZONING DESIGNATION TO LM (7,200 SQUARE FOOT LOTS) ZONING DESIGNATION OF THE CITY'S DEVELOPMENT CODE AND FROM THE L-1 (1-ACRE LOTS) DESIGNATION TO THE L-2 (20,000 SQUARE FOOT LOTS) DESIGNATION FOR PLANNING AREA 9A (PA04-0390) 19.3 Adopt a resolution entitled: RESOLUTION NO. 05-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP NO. 23103- 2, TO SUBDIVIDE 18.32 ACRES INTO 40 PARCELS (37 RESIDENTIAL LOTS AND 3 OPEN SPACE LOTS) RANGING IN SIZE FROM 7,272 TO 24,803 SQUARE FEET, LOCATED AT THE NORTHWEST CORNER OF BUTTERFIELD STAGE ROAD AND CHEMIN CLINET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 953-390-007 AND 953-050-009 (PLANNING APPLICATION PA04-0392) By way of overheads, Principal Planner Hazen highlighted the staff report (of record), noting the following: . That the proposed lots are consistent with the General Plan designation . That the proposed project would increase the total Specific Plan units by 18 . That the proposed construction will be the last phase of the Margarita Village Specific Plan . That with the completion of the proposed project, the overall Specific Plan will be 170 units less than what had originally been anticipated for this Specific Plan (proposed lots will be 3,759 lots - Specific Plan originally had anticipated 3,923 lots). In response to Councilwoman Edwards, Mr. Hazen confirmed the applicant's willingness to retain the one-story product in order to retain the view sheds. Further clarifying, Mayor Comerchero noted that the proposed project will be consistent with the new General Plan but that it will not be in compliance with its original Specific Plan; that the proposed action would to bring the Specific Plan into compliance with the General Plan. Mr. Hazen, for Mr. Comerchero, noted that the designated open space lots will be adequately landscaped and maintained and that conditions approval will be included to ensure its maintenance. At this time, the public hearing was opened. R:\MinutesI072605 9 I I I Reviewing steps that have been taken to communicate with the neighboring residents in an effort to create a positive project, Mr. Matthew Fagan, Temecula, representing the applicant, requested the City Council's approval. Reiterating staff's comment, Mr. Fagan advised that the designated open space lots will be adequately landscaped and maintained. In light of the potential impact on the surrounding neighbors, Mayor Pro Tem Roberts expressed concern with the construction of a toddler lot and as well requested that these open space lots be properly maintained. In order to be a good neighbor, Mr. Fagan noted that the applicant would be flexible as to the use of the open space lots (passive area/toddler lot) and advised that these lots will be maintained by a homeowners association. Expressing his support of this project, Mr. Ron Hammerton, Temecula, viewed the proposed project as a fair compromise and, therefore, noted that it should be approved for the following reasons: . That the applicant and his representative have communicated with the surrounding neighbors to address concerns - views, elevations, size of lots, etc. and have made adjustments to minimize the potential impact; . That a buffer zone has been created between the proposed homes and the existing homes; . That it would be unrealistic to request that this property remain undeveloped. Mr. Hammerton as well echoed Mayor Pro Tem Roberts' concern with regard to the construction of a toddler lot and expressed his desire for a more passive use and requested that a cul-de-sac be considered at the end of Placer Loudeonne to lessen the potential traffic impact. Concurring with Mayor Pro Tem Roberts and Mr. Hammerton, Mayor Comerchero spoke in support of eliminating the toddler lot and that consideration be given to a more passive use, recommending that any future use be discussed with the surrounding neighbors. Voicing his opposition to this project, Mr. Dan Morgan, Temecula, stated the following: . that when he had originally purchased his lot, he was advised that his lot was a premium lot because of the green belt area behind his lot and because the area of discussion would be developed as 14 custom homes on one-acre lots on a cul-de-sac; that he had purchased this lot for those reasons . that the proposed development does not have a homeowners association; that if these homes were to join the existing Chardonnay Hills Homeowners Association, the current homeowners will pay for the maintenance of these open space areas, adding more cost; that if this development were to not join the existing homeowners association, who would be responsible for the maintenance of these open space areas · that the applicant's willingness to position homes in a fashion to retain existing views and to retain the perimeter homes of the proposed project as single-story homes has not been documented . that a cul-de-sac would be preferred. R:IMinutes1072605 10 I I I In closing, Mr. Morgan thanked Mr. Younis on his efforts to communicate with the surrounding neighbors but noted that not all issues have been properly addressed. With regard to Mr. Morgan's concern of certain items not having been documented, Mayor Comerchero advised that the Council's request for proper maintenance, the elimination of a toddler lot, positioning of homes for view shed as well as constructing single-story homes would officially document these items as conditions of approval. Echoing Mr. Morgan's comments with regard to his purchase of a premium lot, Ms. Susan Allen, Temecula, addressed the existing green belt area and the original intent to construct 14 custom homes on one-acre lots. By way of overheads, Ms. Allen expressed her opposition to the proposed project, addressing her view impact and commenting on the original intent of building these 14 customs homes on a cul-de-sac. Ms. Allen requested that the City Council approve 14 custom, single-family lots on a cul-de-sac. For the record, Ms. Allen submitted a petition of opposition signed by 391 Chardonnay Hills homeowners and requested that the Council oppose this project. Addressing the issues raised by the residents, Mr. Matthew Fagan noted the following: . That a through street will be the right solution, noting that the traffic generated would be primarily for the individuals living in the area of discussion and that there would be no reason for cut-through traffic . That conditions require the creation or joining of a homeowners association . That the issue of view corridor and the construction of single-story homes has been addressed . That the maintenance issue of the existing green belt area is a private matter between the homeowners and that developer. In response to the Councilwoman Edwards, Mr. Fagan stated the following: · That the original Specific Plan designated the area of discussion as low density residential (one-acre lots); that through the General Plan Update, it was requested to modify this designation to low and low-medium density (consistent with land uses to the west); At this time, the public hearing was closed. For Councilman Washington, Deputy City Manager Thornhill noted that through the General Plan process there was no opposition, echoed by Chairman Mathewson, from the Citizens Advisory Committee and/or the Planning Commission with regard to the zoning designation for the area of discussion. Director of Public Works Hughes, for Councilman Washington, highlighted the proposed circulation plan, noting that the proposed project will front Butterfield Stage Road; that the north access to the project will be on Ahern Drive which will connect from Butterfield Stage Road into the tract to the west; that the turning movements on Butterfield Stage Road will be restricted to right-in and right-out turning movements; and that there will be a second access to the south of the project. Mr. Hughes advised that as per the City Attorney, the Settlement Agreement with the County of Riverside regarding its General Plan Amendment imposed a condition requiring that all City land use applications be a part of a formed and funded Community Facilities District R:\MinutesI072605 11 I I I (CFD) or other financing mechanism to participate in certain major arterial improvements; that this project has been reviewed by staff; and that this condition will not be applicable. In response to Councilman Washington, Principal Planner Hazen advised that the original plan for 14 custom homes would have permitted two-story homes on the one-acre lots and that the positioning of these homes would be at the discretion of the applicant as long as certain setbacks have been met, noting that the construction of one-story homes around the perimeter and the positioning of these home would be a special concession on the part of this applicant. Referencing the Growth Management Plan and the ability to reduce densities while at the same time preserve the City's ability to ensure that the development is good development within the City, Mayor Comerchero stated that the proposed project will be a balance of both Growth Management objectives along with reducing the overall Specific Plan density and, therefore, viewed this project as a viable compromise and expressed his support of it. Commenting on the intent of the Growth Management Plan, Councilman Washington addressed the need for consistency from the City Council; referenced the mitigation of the potential impacts; and commented on the overall reduction of units. Mr. Washington relayed his support of this plan. MOTION: Councilman Washington moved to adopt Resolution Nos. 05-82 and 05-83. The motion was seconded by Mayor Pro Tem Roberts and electronic vote reflected approval with the exception of Councilman Naggar who was absent. City Attorney Thorson introduced and read by title only Ordinance No. 05-14. MOTION: Councilman Washington moved to adopt Ordinance No. 05-14. The motion was seconded by Councilwoman Edwards and electronic vote reflected approval with the exception of Councilman Naggar who was absent. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT No additional comment. CITY ATTORNEY'S REPORT With regard to Closed Session, City Attorney Thorson advised that there were no items to report, noting that with regard to the real property negotiations matter, no final action would be taken other than in public session. R:IMinutes1072605 12 I ADJOURNMENT At 8:35 P.M., the City Council meeting was formally adjourned to Tuesday, August 23,2005, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. - A'lTEST: > I I R:IMinutes1072605 tJ. f 13