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HomeMy WebLinkAbout091702 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL SEPTEMBER 17, 2002 After the Closed Session that convened at 6:00 P.M., the City Council convened in Open Session at 7:00 P.M., on Tuesday, September 17, 2002, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Absent: PRELUDE MUSIC Councilmembers: Comerchero, Pratt, Stone, Roberts Councilmember: Naggar The prelude music was provided by Hayley Lieberg. INVOCATION The invocation was given by Rabbi Yitzchock Hurwitz of Chabad of Temecula Valley. ALLEGIANCE The flag ceremony was presented by Councilman Pratt. PRESENTATIONS/PROCLAMATIONS Kids Day America/International Proclamation Apprising the City Council and public of the upcoming event, Dr. Murray Gaibraith relayed his appreciation of the proclamation. Santa Marqarita Watershed Ctean-Up Day Proclamation Thanking the City Council for its recognition, support, and staff cooperation, Ms. Carole Bell commented on the involvement of the various agencies; recognized the Temecula Rotary for its involvement; and briefly commented on the activities of the upcoming events. PUBLIC COMMENTS NO comments. CITY COUNCIL REPORTS A. Referencing the statue dedicated by the City's Sister City Leidschendam-Voorburg Singing in the Rain in commemoration of the September 11,2001, tragic events, Councilman Comerchero referenced the City's Cultural Arts Master Plan in particular the section with regard to public art and raising community awaren~.ss of public art. In light of his comments, Mr. Comerchero requested that the Community Services Commission further review the matter and identify possible locations for the placement of public art. R:\Minutes\091702 1 B. By way of a photograph, Mayor Roberts further elaborated on the Singing in the Rain statue and encouraged individuals to visit the Duck Pond to view the statue. C. Councilman Pratt relayed his delight with the recent Sister City events as well as the September 11, 2001, commemorative ceremony. 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 Approval of Minutes RECOMMENDATION: 2.1 Approve the minutes of July 23, 2002; 2.2 Approve the minutes of July 30, 2002. 3 Resolution Approvinq List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 02-76 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 Report RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of July 31,2002. 5 Financial Statements for the Fiscal Year ended June 30, 2002 RECOMMENDATION: 5.1 Receive and file the Financial Statements for the Fiscal Year ended June 30, 2002; 5.2 Approve a budget transfer of $55,400 to City Attorney Department from CIP Admin Department; 5.3 Approve a budget transfer of $7,200 to City Council Department from CIP Admin Department; R:\Minutes\091702 2 5.4 5.5 Approve an estimated revenue and appropriation of $129,600 to the AB3229-COPS Fund; Approve a reduction of the estimated revenues for Grants (COPS) and an increase in operating transfers into the General Fund in the amount of $129,600. 6 Holiday Schedule for City Council Meetinqs RECOMMENDATION: 6.1 Direct the City Clerk to reschedule the City Council meeting of December 24, 2002, to December 17, 2002 and to perform the appropriate postings and noticing requirements of the Government Code. 7 Purchase of Hi.qh-Speed Emerqency Notification System RECOMMENDATION: 7.1 Authorize the purchase of a City-wide Emergency Notification System from Plant Equipment for $42,791.25. 7.2 Appropriate $22,000.00 in the police Department Equipment line item and increase estimated revenue grant revenue for $22,000.00 (added as per supplemental material). 8 Pumhase of one Fire Department Rescue Squad Vehicle RECOMMENDATION: 8.1 Approve the purchase of the Rescue Squad Vehicle Apparatus from KME in the amount of $108,906.16. 9 Substitute A.qreements and Bonds for various Tracts within the Crowne Hill Subdivision (located east of Butterfield Staqe Road, south of Pauba Road, and north of De Portola Road) RECOMMENDATION: 9.1 Accept the Substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map No. 23143; 9.2 Accept the Substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map No. 23143-1; 9.3 Accept the Substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map No. 23143-1; 9.4 Accept the Substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map No. 23143-5; R:\M[nutes\091702 3 9.5 Accept the Substitute Subdivision' Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map No. 23143-6; 9.6 Accept the Substitute Subdivision'Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map No. 23143-6; 9.7 Accept the Substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map No. 23143-8; 9.8 Accept the Substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map No. 23143-8; 9.9 Accept the Substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map No. 23143-10; 9.10 Accept the Substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map No. 23143-10; 9.11 Accept the Substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map No. 23143-11; 9.12 Accept the Substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map No. 23143-11; 9.13 Accept the Substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map No. 23143-F; 9.14 Accept the Substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map No. 23143-F; 9.15 Acknowledge that original bonds collected by the original subdivider, Crowne Meadows, LP, will be released upon acceptance of substitute bonds by separate administrative action; 9.16 Direct the City Clerk to so advise the developer and surety. 10 Completion and Acceptance of Construction Contract for the FY2001-2002 Slurry Seal Pm.qram - Proiect No. PW02-05 RECOMMENDATION: 10.1 Accept the FY2001-2002 Slurry Seal Program Project - Project No. PW02-05 - as complete; 10.2 File a Notice of Completion, release the Performance Bond, and accept a 12-month Maintenance Bond in the amount of 10% of the contract; 10.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. R:\Minutes\091702 4 11 Tract Map No. 29639-1 (located south of Date'Street and west of Margarita Road within the Harveston Specific Plan) RECOMMENDATION: 11.1 Approve Tract Map No. 29639-1 in conformance with the conditions of approval; 11.2 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Materials Bond as security for the agreement; 11.3 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. (Pulled for separate discussion; see pages 6-7.) 12 Tract Map Nos. 29928, 29928-1,29928-2, and 29928-3 (located within the Harveston Specific Plan) RECOMMENDATION: 12.1 Approve Tract Map Nos. 29928, 29928-1,29928-2, and 29928-3 in conformance with the conditions of approval; 12.2 Approve the Subdivision Improvement Agreements and accept the Faithful Performance and Labor and Materials Bonds as security for the agreement; 12.3 Approve the Subdivision Monument Agreements and accept the Monument Bonds as security for the agreement. (Pulled for separate discussion; see pages 6-7.) 13 Tract Map Nos. 29929 and 29929-1 (located within the Harveston Specific Plan) RECOMMENDATION: 13.1 Approve Tract Map Nos. 29929 and 29929-1 in conformance with the conditions of approval; 13.2 Approve the Subdivision Improvement Agreements and accept the Faithful Performance and Labor and Materials Bonds as security for the agreement; 13.3 Approve the Subdivision Monument Agreements and accept the Monument Bonds as security for the agreement. (Pulled for separate discussion; see pages 6-7.) 14 Tract Map No. 30088 (located north of Township Road, south of Harveston School Road, west of Marqarita Road, and east of Harveston Drive within the Harveston Specific Plan) RECOMMENDATION: 14.1 Approve Tract Map No. 30088 in conformance with the conditions of approval; R:\Minutes\091702 5 14.2 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Materials Bond as security for the agreement; 14.3 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. (Pulled for separate discussion; see pages 6-7.) MOTION: Councilman Comerchero moved to approve Consent Calendar Item Nos. 1 - 10 (Item Nos. 11-14 were pulled for separate discussion; see pages 6-7). The motion was seconded by Mayor Pro Tem Stone and voice vote reflected approval with the exception of Councilman Naggar who was absent. CONSENT CALENDAR ITEM NOS. 11-14 PULLED FOR SEPARATE DISCUSSION 11. Tract Map No. 29639-1 (located south of Date Street and west of Marqarita Road within the Harveston Specific Plan) RECOMMENDATION: 11.1 Approve Tract Map No. 29639-1'in conformance with the conditions of approval; 11.2 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Materials Bond as security for the agreement; 11.3 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. 12. Tract Map Nos. 29928, 29928-1,299~'8-2, and 29928-3 (located within the Harveston Specific Plan) RECOMMENDATION: 12.1 Approve Tract Map Nos. 29928, 29928-1,29928-2, and 29928-3 in conformance with the conditions of approval; 12.2 Approve the Subdivision Improvement Agreements and accept the Faithful Performance and Labor and Materials Bonds as security for the agreement; 12.3 Approve the Subdivision Monument Agreements and accept the Monument Bonds as security for the agreement. 13. Tract Map Nos, 29929 and 29929-1 (located within the Harveston Specific Plan) RECOMMENDATION: 13.1 Approve Tract Map Nos. 29929 and 29929-1 in conformance with the conditions of approval; 13.2 Approve the Subdivision Improvement Agreements and accept the Faithful Performance and Labor and Materials Bonds as security for the agreement; 13.3 Approve the Subdivision Monument Agreements and accept the Monument Bonds as security for the agreement. R:\Minutes\091702 6 14. Tract Map No. 30088 (located north of Township Road, south of Harveston School Road, west of Marqarita Road, and east of Harveston Drive within the Harveston Specific Plan) RECOMMENDATION: 14.1 Approve Tract Map No. 30088 in conformance with the conditions of approval; 14.2 Approve the Subdivision Improvement Agreement and accept the Faithful Pedormance and Labor and Materials Bond as security for the agreement; 14.3 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. For Mayor Pro Tem Stone, the following comments were made by staff with regard to Consent Calendar Item Nos. 11-14: · That the proposed four tract maps are not all tract maps within the Specific Plan · That this project has been phased and that these maps would represent the first phase · That the Development Impact Fees (DIF) are not actually due until building permits are issued; that Development Impact Fees include fees for traffic, parks, art in public places, etc. · That the proposed maps pertain to the eastern portion of the project (eastern lake area and around the school site) · That product review will considered at the next Planning Commission meeting. MOTION: Mayor Pro Tern Stone moved to approve the staff recommendation for Item Nos. 11- 14. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Councilman Naggar who was absent and Councilman Pratt who abstained. At 7:25 P M., the City Council convened as the Temecula Community Services District, the Temecula Redevelopment Agency, and the Temecula Public Financing Authority, the City Council Meeting resumed with regular business at 7:37 P.M. PUBLIC HEARING 15 Villaqes of Temecula General Plan Amendment (PA00-0138), Chanqe of Zone (PA00- 0139), Development Plan (PA00-0140), Tentative Parcel Map (PA00-0152) RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM BASED ON THE INITIAL STUDY AND ADOPTION OF THE ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT R:\Minutes\091702 7 15.2 Adopt a resolution entitled: " RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA00-0138, A GENERAL PLAN AMENDMENT TO REALIGN THE PROFESSIONAL OFFICE (PO) AND MEDIUM DENSITY RESIDENTIAL (M) LAND-USE DESIGNATION BOUNDARIES OF A 23-ACRE SITE, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD, WEST OF COSMIC ROAD, AND EAST OF THE MORAGA ROAD INTERSECTION OF RANCHO CALIFORNIA ROAD KNOWN AS ASSESSOR'S PARCEL NOS. 944-290-012, -013, AND -014, BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT 15.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 02-__ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA00-0139, A CHANGE OF ZONE FROM PROFESSIONAL OFFICE (PO) AND MEDIUM DENSITY RESIDENTIAL (M) TO PLANNED DEVELOPMENT OVERLAY (PDO) AND ADOPTING THE STANDARDS AND REGULATIONS CONTAINED IN THE ACCOMPANYING PDO DOCUMENT, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD, WEST OF COSMIC ROAD, AND EAST OF THE MORAGA ROAD INTERSECTION OF RANCHO CALIFORNIA ROAD KNOWN AS ASSESSOR'S PARCEL NOS. 944-290-012, -013, AND -014 15.4 Adopt a resolution entitled: RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA00-0140, A DEVELOPMENT PLAN FOR THE DESIGN, CONSTRUCTION, AND OPERATION OF A 160-UNIT APARTMENT COMPLEX AND EIGHT RETAIL/OFFICE BUILDINGS TOTALING 68,700 SQUARE FEET, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD, WEST OF COSMIC ROAD, AND EAST OF THE MORAGA ROAD INTERSECTION OF RANCHO CALIFORNIA ROAD KNOWN AS ASSESSOR'S PARCEL NOS. 944-290-012, -013, AND -014 R:\Minutes\091702 8 15.5 Adopt a resolution entitled: RESOLUTION NO. 02-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA00-0152 - TENTATIVE PARCEL MAP NO. 29140 SUBDIVIDING THE SITE FROM THREE LOTS INTO EIGHT LOTS, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD, WEST OF COSMIC ROAD, AND EAST OF THE MORAGA ROAD INTERSECTION OF RANCHO CALIFORNIA ROAD KNOWN AS ASSESSOR'S PARCEL NOS. 944-290-012, -013, AND -014 Planning Director Ubnoske presented the staff report (as per agenda material), noting the following: · That two Planning Commissioners voiced objection solely based on the proposed gas station; · That the trip generation analysis as a result of the zone change from office professional to residential zone indicated no increase; · That staff has not had the opportunity to review the proposed changes and, therefore, staff would recommend a continuance. At this time, Mayor Roberts opened the public hearing. Mr. Larry Markham, 41635 Enterprise Circle North, Suite B, reviewed the proposed changes and noted the following: · That the building originally proposed for the east side of the site has been removed and incorporated into the remainder of the site · That a second building originally proposed for the southeast area of the site has also been removed and incorporated into a three-story component · That there will be no grading at southeast corner of the property; that this corner will be retained in a natural state; that the entire pad slides to the north away from the residences on the south side; that the development was, as well, pulled away from the residences on the east side; that the open space area in the southwest corner has been increased (approximately two acres); that an open tud play area, landscaping, and trail has been incorporated, which could be taken by the Community Services Department for maintenance purposes · That the initially proposed parking areas on the east and southeast sides have been converted into an enclosed parking garage to eliminate potential light impacts to the neighbors to the east · That by adding a third floor, nine feet were added to the height of the four buildings located adjacent to the recreation building but, in turn, it lowered the entire site by approximately eight feet · That there will be three tot lot areas throughout the site · That the overall circulation system has not been changed · That the commercial theme has been incorporated into the apartment project · That the apartment component will be readdressed by the Planning Commission · That there will be a recreation building and pool area with work-out rooms · That there will be a heavy landscaping treatment along Rancho California Road R:\Minutes\091702 9 That the architectural theme was, as well, incorporated into the day care facility · That the gas station will not be 24 hour; that there will be limited hours of operation; that no sale of alcohol will be permitted; that there will not be a car wash; and that there will be no sale of fast food · That there have been a series of additional section cuts to ensure limited impact on view shed · That numerous efforts have been undertaken to minimize impacts to the single-family neighbors to the east and south · That the decrease in the commercial acreage has created a net benefit as to traffic impacts · That the development will operate as an owner-operated facility · That the owner will market any age · That there will be 160 apartment units · That the development will be a gated community, sharing access with the Temecuia Ridge project - gated on the west and north entrances · That affordable housing had not been requested by the Redevelopment Agency · That the graded area to the west would be large enough for a small but not a regulation- sized field. City Manager Nelson noted that the Quimby.requirement for this project will be approximately two acres and, therefore, the owner would receive a 50% credit because of the recreational improvements that are being provided but will still pay a one-acre Quimby fee and a development impact fee, noting that within the development, there are two additional acres of open space to the south and that although not yet determined, the developedmanager will be responsible for the maintenance of this particular site. Thanking City staff for all their assistance and efforts and in response to the City Council, Mr. Barton Buchalter addressed the following items: · That the project does not designate a senior use · That the proposed project will be a very Iow-density apartment community · That affordable units were not required but would have no objection to working with the City · That the project will consist of 160 units and that three tot lots are being provided · That if the southwest area were retained by the developer, it would be graded, irrigated, and planted with grass and trees; that the property would be of the same grade as the adjacent apartments · That the landscaping area in the front of the property (Rancho California Road) will be approximately 20' to 25'. Having originally opposed the project, Mr. Scott Hanson, 42298 Cosmic Drive, relayed his support of the project; continued to express his desire to have a stop light installed at the entrance on Rancho California Road; noted that the hours and lighting with the gas station is no longer a concern; and advised that the neighborhood would like to be able to utilize the two-acre open space area. Commending Mr. Hanson and the neighbors on their input, Councilman Comerchero commented on how beneficial such input has been to the City Council as well as the Planning Commission. Working in the apartment business, Mr. Paul Runkle relayed his support of this project and commended the applicant on the development and its transition between commercial and single-family. R:\Minutes\091702 10 Commending those involved on the level of communication in an effort to ensure issues of concern were addressed, Mayor Roberts echoed the comments made by Councilman Comerchero. Although he could approve the intent of the project because of the citizens' needs for housing and complimentary commercial economic development, Councilman Pratt noted that he will be abstaining on the project because the City will not be providing a safe traffic environment and convenient alternate transportation choice for the new citizens. MOTION: Mayor Pro Tem Stone moved to continue this matter to the City Council meeting of October 8, 2002. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Councilman Naggar who was absent. CITY MANAGER'S REPORT No comment. CITY ATFORNEY'S REPORT With regard to Closed Session, City Attorney Thorson noted that there were no reportable actions under the Brown Act. ADJOURNMENT At 8:25 P.M., the City Council meeting was formally adjourned to Tuesday September 24, 2002, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ,~"T-I'EST: [SEAL] R:\Minutes\091702 11