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Home My WebLink About111715 CC Adjourned Meeting Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL ADJOURNED REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA NOVEMBER 17, 2015– 7:00 PM • 6:00 PM - The City Council convened in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1. CONFERENCE WITH LEGAL COUNSEL—POTENTIAL LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to one matter of potential litigation and will discuss whether to initiate litigation against a certain defendants. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. 2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(2) with respect to one matter of pending litigation: Claim of James Richardson and Larraine O'Canna, City of Temecula Claim No. 15-24. At 6:00 PM Mayor Comerchero called the City Council meeting to order and recessed to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:00 PM CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Natalie Schumann Invocation: Sylvester Scott of Baha'is of Temecula Flag Salute: Mayor Pro Tern Mike Naggar ROLL CALL: Edwards, McCracken, Naggar, Rahn, Comerchero PRESENTATIONS/PROCLAMATIONS Presentation of Certificate of Achievement to William C. Dull of Troop #384 and Brayden Phillips of Troop #934 for Attaining the Rank of Eagle Scout PUBLIC COMMENTS The following individual addressed the City Council: • David Coram CITY COUNCIL REPORTS Action Minutes 111715 1 CONSENT CALENDAR 1 Waive Reading of Standard Ordinances and Resolutions - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2 Approve the Action Minutes of November 10, 2015 - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 2.1 That the City Council approve the action minutes of November 10, 2015. 3 Approve the List of Demands - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approve a Deposit/Reimbursement Agreement for the Proposed Community Facility District No. 16-01 Roripaucih Ranch - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 4.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEPOSIT/REIMBURSEMENT AGREEMENT Action Minutes 111715 2 5 Approve an Intergovernmental Agreement Between the City of Temecula and the Pechanga Band of Luiseno Indians (At the Request of Mayor Comerchero and Mayor Pro-Tern Naggar as the City Council Pechanga Tribal Representatives) - Approved Staff Recommendation (3-0-2, Council Member McCracken and Council Member Rahn abstained) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Members Edwards, Naggar and Comerchero with Council Member McCracken and Council Member Rahn abstaining and recusing themselves from the Chambers due to the fact that their spouses are employed by Pechanga. RECOMMENDATION: 5.1 That the City Council approve an Intergovernmental Agreement between the City of Temecula and the Pechanga Band of Luiseno Indians as mitigation for the impacts of the Pechanga Resort and Hotel Expansion Project as detailed in the Draft Tribal Environmental Impact Report—August 2015. RECESS At 7:31 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting, Successor Agency to the Temecula Redevelopment Agency Meeting, Temecula Housing Authority Meeting and the Temecula Public Financing Authority Meeting. At 7:36 P.M., the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 10 Adopt Uptown Jefferson Specific Plan — The public hearing was opened, public comment was received on all items, the public hearing was closed as to items 10.1, 10.2, 10.3, 10.6 and 10.7. The public hearing was continued to December 8, 2015 as to items 10.4 and 10.5. Approved Staff Recommendation 10.1 as Amended (5-0) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. Approved Staff Recommendation 10.2 as Amended (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. Approved Staff Recommendation 10.3 as Amended (5-0) Council Member Edwards made the motion to introduce the Ordinance with the requested changes; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. Council discussed proposed changes to the proposed Ordinance and Specific Plan and requested that the proposed Ordinance and Specific Plan include the following changes: Action Minutes 111715 3 A. Change the name of the Specific Plan from "Uptown Jefferson Specific Plan" to "Uptown Temecula Specific Plan." B. Except as modified by these changes, all of the changes described in the "Summary of Proposed Changes to the Final Uptown Jefferson Specific Plan" shall be incorporated in to the Specific Plan. C. Sections E.2. and E.3 of Chapter 2, Plan Administration, of the Specific Plan relating to non-conforming land uses shall be changed to substitute "365 days" with "twenty four(24) months" in the two sections. D. The title of Section F. of Chapter 2, Plan Administration, shall be changed to read as follows: "Minor Exceptions, Variances and Modifications to Development Standards." E. A new Section F.3. of Chapter 2, Plan Administration, shall be added to the Specific Plan to read as follows: "3. MODIFICATIONS TO DEVELOPMENT STANDARDS FOR PARTICULAR PROPERTIES "The Review Authority described in Section H. of this Chapter may approve modifications to the Specific Plan development standards applicable to a particular property upon finding that: "i. Strict application of the applicable development standards would create practical difficulties or unreasonable hardships in development of the property; "ii. Exceptional circumstances exist on the property not generally found on other properties in the Specific Plan Area; and "ii. The modifications are necessary to insure compliance with the intent of the Specific Plan." F. Subsection G.6. of Chapter 2, Plan Administration, providing for minor administrative amendments to the Specific Plan by the Department of Community Development as described in the "Summary of Proposed Changes to the Final Uptown Jefferson Specific Plan" shall be deleted from the Specific Plan. G. A new paragraph shall be added to the end of Section I, Specific Plan Phased Compliance, of Chapter 2, Plan Administration, to read as follows: "In February of 2019, the City Council shall review the terms of the Specific Plan, procedures for its implementation, and existing condition of the Specific Plan Area and determine whether to initiate any amendments to the Specific Plan. The Council shall also decide when to again formally review the Specific Plan. Nothing in this paragraph is intended, nor shall it be construed, to restrict in any way the Council's authority to review the Specific Plan at any time and to determine at any time whether to initiate any amendments to the Specific Plan." Action Minutes 111715 4 10.4 Continued to December 8, 2015 City Council Meeting. 10.5 Continued to December 8, 2015 City Council Meeting. Approved Staff Direction as Recommended 10.6 and 10.7 (5-0) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: That the City Council conduct a Public Hearing and: 10.1 Adopt a resolution entitled: RESOLUTION NO. 15-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION WITH THE ADOPTION OF THE UPTOWN JEFFERSON SPECIFIC PLAN 10.2 Adopt a resolution entitled: RESOLUTION NO. 15-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE LAND USE ELEMENT, THE LAND USE POLICY MAP, THE CIRCULATION ELEMENT, AND THE COMMUNITY DESIGN ELEMENT OF THE GENERAL PLAN IN CONFORMITY WITH THE UPTOWN JEFFERSON SPECIFIC PLAN 10.3 Introduce and read by title only an ordinance entitled: City Attorney Peter Thorson read the title of the Ordinance with the changes requested by the Council to the Specific Plan and Ordinance: ORDINANCE NO. 15-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE UPTOWN JEFFERSON SPECIFIC PLAN, AMENDING THE TEMECULA ZONING CODE TO ADD THE UPTOWN JEFFERSON SPECIFIC PLAN TO THE APPROVED SPECIFIC PLAN ZONES, AMENDING THE TEMECULA ZONING MAP TO REFLECT THE UPTOWN JEFFERSON SPECIFIC PLAN, AND AMENDING THE ADULT BUSINESS OVERLAY ZONE TO ELIMINATE THE UPTOWN JEFFERSON SPECIFIC PLAN AREA Action Minutes 111715 5 10.4 Hear the Staff Report and public comments on the following Ordinance and continue the Public Hearing to December 8, 2015 in order to introduce and read by title only an ordinance entitled: ORDINANCE NO. 15- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING CHAPTER 15.20, UPTOWN JEFFERSON SPECIFIC PLAN NEW STREETS IN-LIEU FEE AND MAKING FINDINGS THAT NO FURTHER CEQA REVIEW IS REQUIRED 10.5 Hear the Staff Report and public comments on the following Resolution and continue the Public Hearing to December 8, 2015 in order to adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AND IMPOSING THE "UPTOWN JEFFERSON SPECIFIC PLAN NEW STREETS IN-LIEU FEE" 10.6 Direct staff to prepare a Streetscape Beautification and Marketing Plan for the Uptown Jefferson Specific Plan area; 10.7 Direct staff to change the name of the Uptown Jefferson Specific Plan to Uptown Temecula Specific Plan. • Larry Markham addressed the City Council on this item. DEPARTMENTAL REPORTS 11 Community Development Department Monthly Report 12 Police Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson reported in regards to Closed Session Item 2 the Council authorized a settlement in the amount of $60,000. There is no reportable action in regards to Closed Session Item 1. Action Minutes 111715 6 ADJOURNMENT I At 10:00 P.M., the City Council meeting was formally adjourned to Tuesday, December 8, 2015, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. .......... Adjourned in Honor of Stan Harter /, '✓� s AJ ` Comerchero, Mayor ATTEST: .d Randi Johl, City Clerk [SEAL] I I Action Minutes 111715 7