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Home My WebLink About120908 CC MinutesMINUTES OF AN ADJOURNED REGULAR MEETING OF THE TEMECULA CITY COUNCIL DECEMBER 9, 2008 ' There being no Closed Session, the City Council convened its adjourned regular meeting at 6:00 p.m. on Tuesday, December 9, 2008, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Council Members: Comerchero, Edwards, Roberts, Washington, Naggar Absent: Council Members: None INVOCATION The invocation was provided by Pastor Gary Nelson of Calvary Chapel of Temecula PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Council Member Washington PUBLIC COMMENT A. Thanking the City of Temecula and the many opportunities being provided to its youth, ' Ms. Tammy Wilson, Temecula, thanked the City Council for its outstanding leadership for the past years. B. Mr. Walt Allen, Temecula, relayed his thanks and appreciation to the Public Works Department for its efforts with respect to recycled concrete. C. Mr. Ray Johnson, representing Temecula Valley Master Coral, thanked the City for its past support and invited the public to attend a concert at the Grace Presbyterian Church on Saturday, December 13th and 14th, at 7:00 p.m. CITY COUNCIL REPORTS No reports at this time. 1 Declaration of Results of November 4. 2008 Municipal Election RECOMMENDATION: 1.1 Adopt a resolution entitled: RESOLUTION NO. 08-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON ' TUESDAY, NOVEMBER 4, 2008, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW R:\Minutes\120908 By way of staff report, City Clerk Jones provided a brief staff report (of written material). MOTION: Council Member Comerchero moved to approve staff recommendation. Council ' Member Edwards seconded the motion and electronic vote reflected unanimous approval. At this time, City Clerk Jones duly swore in Council Member Naggar and Council Member Washington. CONSENT CALENDAR 2 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 2.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 3 Minutes RECOMMENDATION: 3.1 Approve the minutes of November 18, 2008. 4 List of Demands RECOMMENDATION: ' 4.1 Adopt a resolution entitled: RESOLUTION NO. 08-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 5 Second Reading of Ordinance No. 08-11 RECOMMENDATION: 5.1 Adopt an Ordinance entitled: ORDINANCE NO. 08-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ZONING STANDARDS APPLICABLE TO EDUCATIONAL INSTITUTIONS AND SCHOOLS AND AMENDING THE TEMECULA MUNICIPAL CODE RAMinutes\120908 2 6 Second Readinq of Ordinance No. 08-13 RECOMMENDATION: 6.1 Adopt an Ordinance entitled: ORDINANCE NO. 08-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE CITY OF TEMECULA MUNICIPAL CODE TO DEFINE FULL SERVICE HOTELS, REVISE THE INTENSITY BONUS JUSTIFICATION REQUIREMENTS FOR FULL SERVICE HOTELS WHOSE INTENSITY OF DEVELOPMENT EXCEEDS THE TARGET FLOOR AREA RATIO ALLOWED IN THE ZONE, ADD NEW PARKING STANDARDS FOR FULL SERVICE HOTELS, AND ADD PROVISIONS TO ALLOW FOR TANDEM PARKING SPACES FOR FULL SERVICE HOTELS WHEN VALET SERVICE IS PROVIDED (LONG RANGE PLANNING APPLICATION NO. LR08-0045) MOTION: Council Member Comerchero moved to approve the Consent Calendar. Mayor Pro Tern Edwards seconded the motion and electronic vote reflected unanimous approval. At 6:14 p.m. the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 6:16 p.m. the City Council resumed with regular business. PUBLIC HEARING ' 9 Consideration of Approval of Resolutions/Ordinances for Santa Margarita Area Annexation RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 08-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE SANTA MARGARITA AREA ANNEXATION, ADOPT FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE SANTA MARGARITA AREA ANNEXATION OF APPROXIMATELY 4,997 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE-15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE COUNTY BOUNDARY (PA07-0225 AND PA07-0226) R:\Minutes\120908 9.2 Adopt a resolution entitled: RESOLUTION NO. 08-111 ' A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS TO EXTEND THE CITY OF TEMECULA'S SPHERE OF INFLUENCE TO THE TERRITORY DESCRIBED AS THE SANTA MARGARITA SPHERE EXPANSION AREA COMPRISED OF APPROXIMATELY 4,443 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE PRE-EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE-15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE COUNTY BOUNDARY TO THE CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT (PA07-0225) 9.3 Adopt a resolution entitled: RESOLUTION NO. 08-112 A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AS THE SANTA MARGARITA AREA ANNEXATION COMPRISED OF APPROXIMATELY 4,997 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE PRE-EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE 15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE COUNTY BOUNDARY TO THE CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT (PA07- 0225) 9.4 Adopt a resolution entitled: RESOLUTION NO. 08-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE MAP TO INCORPORATE HILLSIDE RESIDENTIAL (HR) AND OPEN SPACE (OS) AS THE GENERAL PLAN LAND USE DESIGNATIONS WITHIN THE SANTA MARGARITA AREA ANNEXATION OF APPROXIMATELY 4,997 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE 15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE COUNTY BOUNDARY (PA07-0225) RAMinutes\120908 9.5 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08-14 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA FOR THE SANTA MARGARITA AREA ANNEXATION PRE-ZONING APPROXIMATELY 4,997 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE PRE-EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE 15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE COUNTY BOUNDARY (PA07-0225) WITH ZONING DESIGNATIONS HILLSIDE RESIDENTIAL-SANTA MARGARITA (HR-SM) AND CONSERVATION DISTRICT- SANTA MARGARITA (OS-C-SM) 9.6 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA BY ADOPTING ZONING DESIGNATIONS HILLSIDE RESIDENTIAL-SANTA MARGARITA (HR- SM) AND OPEN SPACE CONSERVATION DISTRICT-SANTA MARGARITA (OS- C-SM) AND ADOPTING HILLSIDE DEVELOPMENT STANDARDS FOR A PRE- ZONING OF THE SANTA MARGARITA AREA ANNEXATION OF APPROXIMATELY 4,997 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE PRE-EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF ' INTERSTATE 15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE COUNTY BOUNDARY (PA07-0225) Principal Planner Brown, by way of PowerPoint presentation, highlighted the following main components of staffs report: • Request • Purpose of Request • Annexation Objective 1 • Annexation Objective 2 • Annexation Objective 3 • General Plan Open Space Element; page OS-2; Policy 3.7 • General Plan Open Space Element; page OS-26 and 27 • General Plan Open Space Element; page OS-26 and 27;OS Policy 5.1 • Land Use Element Implementation Program, LU-19 • Open Space Element Implementation Program, OS-19 • Open Space Acquisition Program • 64 Acre Open Space Acquisition • Open Space Element Implementation Program„ OS-25 • Location • Aerial View • Ownership • Santa Margarita Ecological Reserve ' • Existing Sphere of Influence • Existing City Sphere of Influence • Sphere of Influence Expansion RAMinutes\120908 • SOI & Proposed Quarry • Proposed Quarry - detail • Proposed Annexation General Plan Amendment OS-CH to OS ' • General Plan Amendment RM to HR • County General Plan • Proposed City General Plan • Zone Change from RR & R-A-20 to HR-SM & OS-C-SM • County Zoning • Proposed City Zoning • Hillside Development Standards • Public Concerns - Fire Protection Public Concerns -Wild Land Fires Public Concerns - Fiscal Impact Upon Annexation - existing conditions • Public Concerns - Residential Development Public Concerns - Constraints to Residential Development Aggregate Resources • LAFCO Policy • Environmental Impact Report • Original Draft EIR • Revised Draft EIR • Revised Draft EIR Project Alternatives Environmentally Superior Alternative • Conclusions • Legal Noticing Requirements ' • Errata • Staff Recommendation The below-mentioned individuals spoke in opposition of the proposed annexation of the Santa Margarita area annexation: Mr. Casey Evans, Murrieta • Mr. Ray Bennett, Temecula • Mr. O.B. Johnson, Murrieta • Ms. Karie Reather, Murrieta, • Mr. Gary Johnson, Murrieta • Mr. Vince Davis, Temecula • Mr. Lee Haven, Indian Wells • Mr. Gregory Melvin, Temecula • Ms. Adele Harrison, Temecula • Mr. Gary Harrison, Temecula Mr. Juan Cruz, Murrieta The above-mentioned individuals spoke in opposition of the annexation process for the following reasons: That it would not be the City's purview to annex the proposed area ' • That the City of Temecula should not be utilizing tax dollars to annex the Santa Margarita area • That the annexation process would be improper and would violate several laws R:wlinutes\120908 6 That Liberty Quarry would be able to provide a resource that is in high demand and short supply • That Liberty Quarry will offer the citizens of Temecula many job opportunities and tax revenue to Riverside County • That the draft EIR ignores much of data available from State agencies • That approving an annexation would be blocking a project that would be bringing numerous benefits to the region • That the Laborer's Union would not be in support of the annexation process Mr. Ron Goldman, County of Riverside, noted that the County is not taking a position with respect to the proposed project but noted that the Board of Supervisors would have strong concerns with the City upholding the same standards of the analysis that the City has imposed on the County with prior projects. Although in favor of the proposed project, the following individuals chose to not speak: • Ms. Joann Miltham, Temecula • Ms. Cheryl Hikema, Temecula • Ms. Carol Brady, Temecula • Mr. Marty Buoye, Temecula The following mentioned-individuals spoke in favor of the proposed annexation process: • Ms. Mile Bonner, Rainbow • Ms. Pam Nelson, Murrieta • Mr. Wayne Hall, Temecula • Ms. Robbie Adkins, Temecula ' • Mr. Ray Johnson, De Luz • Mr. Steve Parker, Fallbrook • Ms. Pam Grander, Temecula • Mr. Joseph Terrazas, Temecula • Mr. Norman Block, Temecula • Mr. Don Swift, Temecula • Ms. Kathleen Hamilton, Temecula • Ms. Vicki Bay Shore, Temecula • Ms. Barbara Wilder, Temecula At 8:00 p.m. the City Council meeting recessed and resumed with regular business at 8:15 p.m. • Mr. Kerry Mayer, De Luz • Ms. Sarah Barrette, Temecula • Mr. Nino Barrette, Temecula • Mr. Robert Martinez, Temecula • Dr. Matt Rohn, Santa Margarita Ecological Reserve Mr. Kelcey Stricker • Mr. Brandon Idler, Temecula • Mr. Fred Hayes, De Luz • Ms. Jackie Heyneman, Fallbrook Mr. John Garrett, Wildomar ' • Ms. Karen Locklin, Temecula Ms. Marilee Ragland, Rainbow • Mr. Rue Petty, Rainbow RAMinutes\120908 7 • Ms. Vicki Long, La Cresta • Ms. Betty Johnson, Temecula ' • • Mr. Mr. Clif Hewlett, Temecula Richard Delnay, Rainbow • Mr. Fred Bartz, Temecula • Ms. Jerri Arganda, Rainbow • Mr. Ken Johnson, Temecula • Ms. Michele Bain, Fallbrook • Mr. Reg Watts, Temecula • Mr. Mike Buoye, Temecula • Mr. Bob Alkema, De Luz • Ms. Meryle Hammatt, Temecula • Mr. Christopher Muller, Murrieta • Ms. Mary Louise Muller, Murrieta • Ms. Lynn Davis, Rainbow • Mr. Harry Garnett, Temecula • Mr. Don Bain, Fallbrook • Mr. Jim Mitchell, Temecula • Mr. Tom Bond, Pala • Ms. Joan Adkins, Temecula • Mr. Larry Pearce, Rainbow • Mr. Paul Jacobs, Temecula • Ms. Susan Dye, Murrieta • Mr. Grey Frandsen, Temecula • Dr. James Cosman, Temecula • Ms. Carolyn Hill, Temecula ' • Mr. Jim Oenning, Fallbrook • Ms. Cindi Meyers, Fallbrook • Mr. Pete Frederick, Temecula • Mr. Massimo Spadazzi, Temecula • Mr. Terry Whitington, Temecula • Mr. Robin Dixon, Rainbow • Dr. Joseph Hudson, Fallbrook • Ms. Maxine Ewig, Temecula The above-mentioned individuals spoke in favor of the proposed annexation for the following reasons: • That the Elsinore, Murrieta, and Anza Resource Conservation District would be in full support of the annexation process • That Environmentally sensitive habitats must be preserved for future generations • That the Santa Margarita River Foundation fully supports the annexation process • That the Lion Mountain Foundation fully supports the annexation process • That the riparian environments of the Santa Margarita River must be preserved for future generations • That the Santa Margarita River would be the only corridor that would connect Santa Ana Mountains and would be vital to mountains lions ' • That a quarry would diminish the quality of air in the City • That Save Our Southwest Hills' mission would be to preserve the open space in the Temecula and Murrieta area RAMinutes\120908 8 • That the Save Our Southwest Hills Association has collected over 5,000 signatures supporting the City's annexation process • That a quarry in the proposed area would violate the concept of open space ' • That an open-pit mine will unquestionably have a devastating negative impact on the current quality of life that exists in the City • That the Santa Margarita River would be the last coastal to inland linkage of habitat remaining in Southern California • That the Santa Margarita River would be the last free-flowing remaining river in Southern California • That San Diego State University fully supports the annexation process • That the Fallbrook Land Conservancy would be in full support of annexation • That Rainbow Canyon Homeowners Association fully supports the annexation process • That the proposed area in question would be an environmentally sensitive, valuable open space • That the proposed annexation area would be a valuable wild-life corridor • That the proposed annexation area would be the home of San Diego State • That the Sierra Club - Santa Margarita Group would be in full support of an annexation; and noted that it would be important to expand opportunities for the public to experience the raw beauty as well as the educational potential of the Santa Margarita River; and noted that much of the scenic portion of the Santa Margarita River would fall within the proposed annexation area At this time, it was the consensus of the City Council to extend the meeting to 11:00 p.m. At 10:50, the City Council recessed and returned to the dais at 11:00 p.m. ' That the air quality is superior to many other cities and the residents of Temecula would be in favor of keeping the air quality superior At this time, it was the consensus of the City Council to extend the meeting to 11:30 p.m. Offering some clarification, Principal Planner Brown stated the following: • That LAFCO policy supports the City of Temecula's purview to seek annexation of the proposed property in question • That the City is not proposing that 81 homes be developed in the proposed site in question • That Granite Construction, at this time, does not own any property in the proposed annexation area • That 85% of the Santa Margarita area is controlled by San Diego State University Ecological Reserve and that the University is in favor of the annexation process by the City of Temecula • That with respect to the $200 million dollars in taxes previously mentioned, none of the tax dollars go to the City of Temecula, rather the County of Riverside or the State • That the EIR submitted analyzes only the annexation process not a potential quarry • That the Fiscal Impact would pay for itself at any state of development • All County issues raised by Mr. Goldman have been addressed in the EIR as per staff report I With respect to minerals and aggregate resources, Dr Kerry Kato, registered geologist, briefly noted the following: R:VNinutes\120908 9 • That the local region is not low on aggregate; that other resources exist that could be developed; that Riverside County would be a major exporter of aggregate; noting that a ' large amount of aggregate is exported to Orange County • That Riverside County also ships 10% of aggregate to Northern San Diego County • That Riverside County currently has 35 years of permitted resources in place which would stem from Corona, Lake Elsinore, and Temescal Valley • That there would be other resources available that could potentially be developed into a quarry • That new quarry sites have been recently opened in the nearby communities • That State Agencies do support the development of new aggregate resources At this time, the public hearing was closed. COUNCIL DISCUSSION A. Respecting the County Supervisors and its elected officials, Council Member Comerchero noted that he would be of the opinion that the local control would better serve the residents of Temecula rather than the County in this regard; and referenced a staff report with respect to the City of Temecula annexing the proposed site in question during the City's inception. B. Thanking the speakers for their comments, Council Member Washington concurred with comments made by Council Member Washington and stated that the proposed project would not be an annexation, rather a process to move forward to LAFCO to propose an annexation; that an annexation of the property by the City of Temecula would protect the premise that was originally made in the City's General Plan to maintain open space; and relayed his support of I the annexation process. It was the consensus of the City Council to extend the meeting to 11:45 p.m. C. Relaying the importance of the wildlife corridor and providing some information with respect to the beauty of the Santa Margarita River, Council Member Roberts also expressed his approval of the annexation process. D. Also commenting on the importance of maintaining open space, Mayor Pro Tern Edwards relayed her approval of the annexation process. E. Commenting on the City's General Plan of 1993, Mayor Naggar relayed the importance of moving forward with the annexation process to maintain open space; noted his amazement with Granite Construction not reading the City's General Plan and understanding the City's intent to annex the site in question to maintain open space. Mayor Naggar also expressed the importance of educating LAFCO on the Santa Margarita River and the need to preserve the area with an annexation for future generations. It was the consensus of the City Council to extend the meeting to 11:55 p.m. MOTION: Council Member Comerchero moved to approve Item No. 9.1. Mayor Pro Tem Edwards seconded the motion and electronic vote reflected unanimous approval. ' MOTION: Council Member Washington moved to approve Item Nos. 9.2, 9.3, and 9.4. Council Member Roberts seconded the motion and electronic vote reflected unanimous approval. R:\Minutes\120908 10 City Attorney Thorson introduced and read by title only Ordinance No. 08-14. MOTION: Mayor Pro Tern Edwards moved to approve Item No. 9.5. Council Member ' Comerchero seconded the motion and electronic vote reflected unanimous approval. City Attorney Thorson introduced and read by title only Ordinance No. 08-15. MOTION: Council Member Comerchero moved to approve Item No. 9.6. Mayor Pro Tern Edwards seconded the motion and electronic vote reflected unanimous approval. CITY MANAGER REPORT No report at this time. CITY ATTORNEY REPORT No report at this time. ADJOURNMENT At 11:49 the City Council meeting was formally adjourned to Tuesday, December 16, 2008, at 5:30 p.m. for a Closed Session, with regular session commencing at 7:00 p.m. City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: tStALJ I11\~VvlA 'Michael S. Naggar, Mayo R:\Minutes\120908 11