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HomeMy WebLinkAbout011398 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JANUARY 13, 1998 CLOSED SESSION A meeting of the City of Temecula City Council was called to order at 5:30 P.M. It was duly moved and seconded to adjourn to Executive Session, pursuant to Government Code Sections: 1) §54956.9(a), Conference with Legal Counsel, Existing Litigation, three matters: a) City of Temecula v. Mason/Mashburn, et al.; b) Pratt v. City of Temecula, et al.; c) City of Temecula v. Gabriel, et al. 2) §54956.8, Conference with Real Property Negotiator, Property: 42380 Zevo Drive Negotiation Parties: Temeka Advertising and City of Temecula; Under negotiation: Terms and conditions of a Development Agreement affecting real property interests with Temeka Advertising. 3) §54956.8, Conference with Real Property Negotiator, Property: 28699 Front Street; Negotiating Parties: City of Temecula, John H. Poole, Peter A. Poole and Richard L. Aquire, as Trustees of the John H. Poole Trust No. 1; Under Negotiation: Terms and Conditions of a Lease Agreement Affecting Real Interests with the John H. Poole Trust No. 1. 4) §54956.8, Conference with Real Property Negotiator, Property: approximately 120 acres located westerly of Pujol Street; Negotiating Parties: City of Temecula, John Firestone and Westside Improvement Authority Community Facilities District No. 1; Under Negotiation: Price and Terms of payment of potential acquisition. 6) §54956.7, City Manager Annual Evaluation. The Temecula City Council reconvened at 7:09 P.M. at the City Council Chambers, 43200 Business Park Drive, Temecula, California, to consider regularly scheduled City Council business. Mayor Roberts presiding. PRESENT: Councilmembers: Comerchero, Ford, Lindemans, Stone, and Roberts. ABSENT: Councilmembers: None. Minutes\O 11398 ] PRELUDE MUSIG The prelude and intermission music was provided by Katie Rubke. INVOCATION The invocation was given by Reverend Lyle Peterson, Hope Lutheran Church. PLEDGE OF ALLEGIANCE The audience was led in the Flag salute by Councilmember Comerchero. PUBLIC COMMENTS None given. CITY COUNCIL REPORTS A. Councilman Comerchero commented on the Temecula Valley High School Sister High Program and advised that 40 additional families are needed to house Japanese students. For those interested, he encouraged them to contact the City Clerk's Office. B. Commenting on the closure of the Community Recreation Center Foundation, Councilman Comerchero thanked and commended the organization on a job well done and advised that a Farewell Dinner has been scheduled at which the organization will donate an additional $100,000 to Youth Groups in the community. Mr. Comerchero requested that this organization be officially recognized for its efforts. C. Relaying his concerns with regard to the City's infrastructure, Councilman Stone elaborated on the resources which have been dedicated by the City Council in order to resolve these existing problems. In response to Councilman Stone, City Engineer Kicak noted the following with regard to the Rancho California bridge improvements: that the contract has been awarded; that the anticipated completion date is 12 to 14 months from January 5, 1998. D. Commenting on the Council's goal to have specific traffic mechanisms in place at the time of the mall opening (Spring 1999), Councilman Stone encouraged City staff to proactively seek the acquisition of the right-of-way. City Engineer Kicak informed the Councilmembers that certain Edison facilities will have to be relocated as a result of this project and advised that the special poles cannot be ordered until the bonds are sold and until the acquisition with Guidant, located on the easterly side, has been completed. Minutes\O 11398 ~, Councilman Stone reiterated his desire to have the Overland Crossing completed as close to the opening of the Mall as possible. Reiterating City Engineer Kicak's comments, City Manager Bradley assured Councilman Stone that City staff is proceeding as expeditiously as possible to ensure that the Overland Crossing will be open as close as possible to the Mall opening. With regard to the ordering of the poles, Councilman Undemans recommended that they be ordered now to ensure a timely completion. E. Reiterating a previously made suggestion, Councilman Lindemans commented on his desire to have two additional freeway off-ramp lanes, extending as far back as possible on the freeway, installed at the Rancho California off-ramp in order to aid and ensure an expeditious and a safe exiting route from the freeway. Advising that the construction/design/funding of such lanes must be approved by Caltrans, City Manager Bradley noted that those discussions have been initiated. City Engineer Kicak noted that the construction of these two lanes would take approximately six to nine months. Viewing the six- to nine-month time frame as unacceptable in light of the existing public safety issue, Councilmembers Lindemans and Stone recommended that the City's Caltrans consultant aid in the process of expediting this request and noted that if necessary, a Councilmember may have to directly address Sacramento in order to get this task accomplished in an expeditious manner. Councilman Lindemans requested that a video tape recording be made of the current traffic situation, during peak hours, at the Rancho California Road off-ramp and suggested that, if necessary, this tape be presented to Sacramento. F. In response to Councilman Stone, City Engineer Kicak provided information with regard to the upcoming improvements for SR79 South, noting that construction will begin March 1, 1998, and that the improvements should be completed within 10 to 12 months. In light of the traffic impacts created by the Pechanga Center, Councilman Stone suggested that the Council subcommittee dealing with Pechanga discuss and request that Pechanga be required to financially offset some of these traffic impacts. Councilman Stone noted that the City Council will have to provide traffic solutions prior to permitting any additional development in the south side of the City. G. With regard to the sidewalk project for which the City was allocated $8,000, Councilman Stone strongly emphasized his desire to have this project immediately completed in light of the safety of the children and requested that City staff immediately follow up on this issue. Minutes\O 11398 3 H. Councilman Lindemans thanked the Police Department for their efforts with regard to the potholes; thanked the Police Department and the Fire Department for their assistance with redesigning the City's bus route; and noted that he will be requesting additional assistance from the Police Department in order to update the City's Disaster Preparedness Plan by color coding the various areas of the City. I. Because most of the City's projects are Caltrans related and considering the amount of time it takes to obtain Caltrans' approval, Councilman Ford noted that although the City is not requesting Caltrans funding with regard to these projects, the City must be more proactive in forecasting future development to ensure that the required Caltrans' approvals would not further delay the completion of a project. With regard to requesting financial assistance from the Pechanga Center in order to aid in the relief of traffic impact associated with this Center, Councilman Ford advised that this issue has been addressed with the Center. J. Mayor Roberts requested that a joint City Council/Planning Commission meeting be scheduled during the first quarter of 1998 and that issues such the General Plan and density be discussed. K. In light of a recent Riverside County Transportation Commission decision to allocate $100 million of the gas tax funds to the desert, Mayor Roberts requested that a subsequent need item be added to the agenda in order to discuss this issue. Mayor Roberts advised that he and City Manager Bradley will be attending a meeting tomorrow at which the Western Riverside County will be appealing the Commission's $100 million allocation. City Attorney Thorson advised that the City Council may place an item on the agenda if the following two criteria are met - action is necessary prior to the next regularly scheduled City Council meeting and if the need for action arose after the posting of the agenda. Because both criteria are met, City Attorney Thorson advised that the City Council may make a motion to place this subsequent need item on the agenda. The following motion was offered: ~ Councilman Stone moved, at the request of Mayor Roberts, to place the above- mentioned item on the agenda as a subsequent need item. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. CONSENT CALENDAR Councilman Stone noted that he would be abstaining with regard to Consent Calendar Item Nos. 6 and 11 (Indian Gaming Industry in California and Emergency Expenditure). MOTION: Councilman Stone moved for the approval of Consent Calendar Item Nos. I - 10 and 12 - 14 (Item No. 11 was pulled -- Emergency Expenditure). The motion was seconded by Councilman Ford and voice vote reflected unanimous approval with the exception of Councilman Stone who ~ with regard to Item Nos. 6 and 11. Minutes\O 11398 4 1. Standard Ordinance Adoption Procedure 1.1 2. Minutes Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2.1 Approve the minutes of December 9, 1997. 2.2 Approve the minutes of December 16, 1997. . Resolution AD0roving List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 98-01 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 as of November 30. 1997 . 4.1 Receive and file the City Treasurer's Report as of November 30, 1997. Financial Statements for the Three Months Ended Se_otember 30. 1997 5.1 Receive and file the financial statements for the three months ended September 30, 1997. . Indian Gamin(] Industry in Californi~ 6.1 Approve sending letters of support for Indian Gaming in California to local, State, and Federal authorities. 7. Award of Contract for P.C. Workstations . 7.1 Award a contract for P.C. workstations to Western Data Technology of Riverside, California, in the amount of $1,640.00 per unit, plus sales tax, for a total purchase amount of $21,241.50. Records Destruction AoDroval - - 8.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. Minutes\011398 5 . 10. 11. 12. 13. 14. Release Traffic Signalization Mitigation Security in Tract No. 24133-2 (Located easterly of the intersection of Santiago Road at Margarita Road) 9.1 Authorize release of the Traffic Signalization Mitigation Security in Tract No. 24133-2; 9.2 Direct the City Clerk to so advise the Developer and Surety. Reduce Faithful Performance Security Amount in Parcel MaD No. 24085-1 (Located at the northwesterly corner of the Intersection of Diaz Road and Zevo Drive. Avenida de 10.1 Authorize fifty percent (50%) reduction in Faithful Performance Security amount for street improvements in Parcel Map No. 24085-1; 10.2 Direct the City Clerk to so advise the Developer and Surety. Emergency Ex0enditure 11.1 Ratify the emergency expenditure of $30,543 to Monteleone Excavating for the following unforeseen Public Works repairs that emerged as a result of heavy rains on December 6, 1997, and December 7, 1997: Removal of silt and debris from the Santiago Desilting Ponds. Reconstruction of the Santiago Desilting Ponds. Cleaning of the Jedediah Smith Channel. Cleaning of the Via Lobo Channel. Undergrounding of Overhead Utilities - West Side of Margarita Road - Solana Way to North General Kearny Road. Pro!ect No. PW97-07 12.1 Authorize expenditure of an estimated $150,000 to underground the overhead facilities on the west side of Margarita Road from Solana Way to North General Kearny Road, Project No. PW97-07. Amendment No. I to Aooraisal Contract Related to Community Facilities District (CFD) No. 88-12 ¢Ynez Corridor) 1997 Series Bond~ 13.1 Approve Amendment No. 1 to an Agreement with Bruce W. Hull & Associates, Inc. for an appraisal of certain properties within CFD 88-12 for an amount of $4,000. Community Facilities District No. 88-12 ¢Ynez Corridor) Initiation of Actions Necessary to Foreclose Delin(]uent Special Tax Lien-~ Minutes\O 11398 6 14.1 Adopt a resolution entitled: RESOLUTION NO. 98-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING ACTION TO TRANSMIT TO THE COUNTY OF RIVERSIDE DOCUMENTS NECESSARY TO CREDIT THE COUNTY OF RIVERSIDE TAX COLLECTOR UPON THE TAX ROLL AND TO RELIEVE THE TAX COLLECTOR OF FURTHER DUTY THERETO IN COMMUNITY FACILITIES DISTRICT NO. 88-12 AS REQUIRED 8Y LAW; ORDERING FORECLOSURE ACTIONS TO FORECLOSE THE DELINQUENT SPECIAL TAX LIENS; AND ORDERING THE RECORDATION OF A NOTICE OF INTENT TO REMOVE DELINQUENT SPECIAL TAX INSTALLMENTS FROM THE TAX ROLL At this time Consent Calendar Item No. 11 was discussed. 1 1. Emeroencv Exoenditure -- 11.1 Ratify the emergency expenditure of $30,543 to Monteleone Excavating for the following unforeseen Public Works repairs that emerged as a result of heavy rains on December 6, 1997, and December 7, 1997: Removal of silt and debris from the Santiago Desilting Ponds. Reconstruction of the Santiago Desilting Ponds. Cleaning of the Jedediah Smith Channel. Cleaning of the Via Lobo Channel. City Engineer Kicak reviewed the staff report (as per agenda material), advising that the desilting basins are preventing downstream flooding conditions and noting that until major drainage facilities are constructed upstream, this will be a recurring expenditure. In response to Councilman Lindemans, Mr. Kicak advised that a similar expenditure may be necessary if heavy rains were to continue. Although he is abstaining from this Item as a Councilman, City Attorney Thorson advised that because Mr. Jeffrey Stone is a property owner in the area of discussion, he may address the City Council as a private citizen. In an effort to safeguard the City from additional emergency expenditures and because this problem is a recurring issue in this particular area, Councilman Ford noted that it may be time for City staff to review the upstream property owners' request to construct a desilting basin, to pull out the sand on a regular basis, export the sand, and then sell it. Mr. Jeffrey Stone, 43136 John Warner Road, clarified that the Monteleone Excavating will not be beneficial to his property. Advising that this excavation has been done on a yearly basis for the benefit of the Los Ranchitos residents, Mr. Stone relayed his opposition to the City expending this amount for the excavation as well as for the construction of a desilting basin Minutes\011398 along Santiago Road, noting that the citizens of this particular area should be paying for this expenditure. With regard to his situation at John Warner Road, Mr. Stone clarified that he does not expect the City to pay for a road but requested assistance from the City with regard to the Army Corps of Engineers or the Fish and Game in order to construct a cement bridge over the drainage swale at John Warner Road to ensure adequate and safe accessibility for the residents. In response to Councilman Lindemans, Mr. Stone relayed a willingness to form a Mello Roos District. He apprised the Councilmembers that in 1990/1991, efforts were undertaken to form an Assessment District but because of a lack of support from the residents, this District was not formed. Considering the change in current economic times, Mr. Stone noted that more residents may be willing to form a District at this point in time. Although another resident vote could be taken as to whether or not a Mello Roos District should be formed, City Manager Bradley advised that two years ago, a neighborhood vote reflected the residents' desire to not form an Assessment District. Community Services Director Nelson echoed City Manager Bradley's comment as to the overwhelming objection to the formation of an Assessment District. If another vote were taken by the John Warner Road residents, Mr. Stone suggested that because similar issues and concerns exist, another vote as well should be taken by the Liefer Road residents. In closing, Mr. Stone concurred with Councilman Ford's suggestion to explore the upstream property owners' request to construct a desilting basin, to pull out the sand on a regular basis, export the sand, and then sell it. ~ Councilman Comerchero moved to concur with staff's recommendation. The motion was seconded by Councilman Ford. Voice vote reflected approval with the exception of Councilman Lindemans who voted no and Councilman Stone who It was the consensus of the Council to direct City staff to explore the possibility of constructing an upstream desilting basin and its associated maintenance. At 7:50 P.M., the City Council convened as the Temecula Community Services District, Temecula Redevelopment Agency, the Westside Improvement Authority, and the Industrial Development Authority. The following item was discussed in joint session with the City Council and the Westside Improvement Authority: . Financing for Westside Area Public Improvements and ODens_Dace Acauisition arid the Western Bvoass Corridor - - 2.1 That the City Council adopt a resolution entitled: Minutes\O 11398 8 RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT WITH THE WESTSIDE IMPROVEMENT AUTHORITY 2.2 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. WIA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY OF FORMATION OF WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (ROGERSDALE AREA), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT 2.3 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. WIA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN THE WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. I (ROGERSDALE AREA) AND SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT. 2.4 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. WIA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY CALLING A SPECIAL ELECTION 2.5 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. WIA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN 2.6 That the Board of Directors read by title only and introduce an ordinance entitled: Minutes\O 11398 ~ ORDINANCE NO. WIA 98- AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY LEVYING SPECIAL TAXES WITHIN THE WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. (ROGERSDALE AREA) Ms. Jackie Sylvestre, 41776 Corte Camara, advised that she would be relinquishing her time to Mr. Joe Terrazzas. In response to Authority Member Lindemans, Executive Director Bradley advised that City staff had received a request from Mr. Buffman to continue this item to the January 27, 1998, City Council meeting. Referencing an article published in the Press Enterprise (September 1995), Mr. Joe Terrazzas, 31160 Lahontan Street, commented on the increasing number of bond defaults and the associated risks of such defaults on the issuing cities. In response to comments made by Mr. Terrazzas, Chairman Ford requested that only factual information be shared and that any personal attacks and/or dispersements be withheld. In light of Chairman Ford's request, Mr. Terrazzas continued to proceed to make comments with regard to Mr. Buffman and his past investment history. · [0._T_J_Q]~ Authority Member Roberts moved to continue this item to the January 27, 1998, Westside Improvement Authority meeting. The motion was seconded by Authority Member Comerchero and voice vote reflected unanimous approval with the exceotion of Authority Member Stone who QJ3At~:L~.d. At 8:45 P.M., a recess was called and the City Council reconvened at 9:09 P.M. to discuss regularly scheduled agenda items. Mayor At this 17. Roberts thanked Ms. Katie Rubke for the intermission music. time, Agenda Item No. 17 (Appeal by Mr. Albert S. Pratt) was considered out of order. Planning A001ication No. PA 97-0392 (Conditional Use Permit) - A00eal b_v Albert $, Pratt (Property located west of Old Town Temecula. 100 feet west of Pu!ol Street. 700 feet south of Ridge Park Drive/Vincent Moraga Drive. and east of the City's western 17.1 Make a determination of consistency with a project for which an Environmental Impact Report (EIR) was previously certified and an Addendum to the previously certified Environmental Impact Report (EIR) was adopted and findings that a subsequent or supplemental EIR are not required. Minutes\O 11398 ] 0 17.2 Adopt a resolution entitled: RESOLUTION NO. 98-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA 97-0392 (CONDITIONAL USE PERMIT) AND DENYING PLANNING APPLICATION NO. PA 97-0392 (CONDITIONAL USE PERMIT - APPEAL), UPHOLDING THE PLANNING COMMISSlON'S DECISION APPROVING PLANNING APPLICATION NO. PA 97- 0392 (CONDITIONAL USE PERMIT), TO PERMIT THE DESIGN, CONSTRUCTION, AND OPERATION OF A TOTAL OF 203,300 SQUARE FEET OF RETAIL, RESTAURANT, ARCADES, THEATERS, AND SHOPS, AND ASSOCIATED IMPROVEMENTS (HARDSCAPE, PARKING AND LANDSCAPING) ON 16.5 ACRES LOCATED WEST OF OLD TOWN TEMECULA (100 FEET WEST OF PUJOL STREET), 700 FEET SOUTH OF RIDGE PARK DRIVE/VINCENT MORAGA DRIVE AND EAST OF THE ClTY'S WESTERN BORDER, WITHIN THE WESTSIDE SPECIFIC PLAN AND KNOWN AS ASSESSOR'S PARCEL NO. 940-310-013, 940- 310-044, 940-310-045, 940-310-047, 940-310-048, 940-320-001,940-320- 002, AND 940-320-003 BASED UPON THE ANALYSIS CONTAINED IN THE STAFF REPORT SUBJECT TO THE CONDITIONS OF APPROVAL ON FILE IN THE CITY CLERK'S OFFICE Councilman Lindemans requested that those individuals speaking with regard to this issue refrain from the use of personal attacks/comments and noted that if such attacks were to be made, he would make a motion to adjourn the meeting. Community Development Director Thornhill reviewed the staff report (as per agenda material), advising that the issues raised by the appellant in this appeal are nearly identical to those raised by the same appellant in his previous appeal which was denied by the City Council. City Attorney Thorson advised that on January 12, 1998, a letter was received by City staff from Mr. Sam Pratt, requesting a continuance of this appeal hearing on the basis that he has not had ample time to review all of the traffic counts, design, and other data which he had requested from City staff and had not yet received. Having reviewed Mr. Pratt's request for a continuance, City Attorney Thorson stated that although it would be within the City Council's discretion to continue the hearing, it would be his opinion that no legal reason exists for the Council to continue this hearing. He advised that all information contained in the reports with regard to the environmental issues was available at the Planning Commission meeting of the first phase in October/November of 1997. In addition to that, Mr. Thorson advised that on November 5, 1997, City staff had made available to Mr. Pratt the requested traffic reports and back-up data but that Mr. Pratt had not picked up the requested information until January 5, 1998. City Attorney Thorson stated that staff has done all that is required in terms of disclosing information and that there has been adequate time to evaluate all the information presented on this appeal. It was the consensus of the City Council that Mr. Pratt's request for a continuance be denied. Minutes\011398 ] ] Given the opportunity to address the City Council at this time, Mr. Buffman, applicant, opted to hold his comments. Apprising the City Council of efforts undertaken by the Old Town merchants to meet with Mr. Pratt, Mr. Neil Cleveland, 28465 Front Street, commented on Mr. Pratt's continued inability to meet with the merchants and encouraged the Council to deny the appeal and approve the request. Mr. Ed Dool, Temecula Shuttle, relayed his support of the project and as well encouraged Mr. Pratt to meet with the Old Town merchants. Referencing his written communication (of record), Mr. Sam Pratt, 40420 Brixton Cove, reiterated his concerns with regard to the Environmental Impact Report. Rebutting personal attacks previously made by Mr. Terrazzas, Mr. Buffman as well commented on Mr. Pratt's unwillingness to meet with the Old Town merchants and his continued efforts to stop the approval of this project. He commented on the benefits a Center such as the one proposed would have on the City of Temecula and relayed his disappointment with the system which permits one individual to continue to delay the construction of a project and possibly completely stop the project. Reflecting on past efforts associated with the construction of this project, Mr. Buffman relayed his inability to continue to proceed in this fashion for any extended amount of time and requested that the City Council approve this project and express their support for it. At this time, the public hearing was closed. In response to Councilman Lindemans, City Manager Bradley advised that City staff has taken all necessary steps to review the environmental considerations generated by this application and relayed his confidence in the Planning Commission and City Council process with regard to this particular case. City Attorney Thorson advised that those issues of concern raised in this appeal are similar to those issues raised with regard to the Phase I appeal, noting that those issues were adjudicated and dismissed by the judge. Not having been on the City Council with regard to the prior appeals but having available to him the staff reports, Councilman Comerchero advised that he thoroughly read every report with regard to this request and as a result, found no evidence to substantiate the appeal. In reviewing Mr. Pratt's letters, Mr. Comerchero noted though that he found several comments made by Mr. Pratt to be inaccurate such as the following: that the project has been expanded that the project now includes the addition of a 16-acre site for the construction of a convention center. In conclusion, Councilman Comerchero relayed his inability to support the appeal. Minutes\011398 ]~. MD_T_J_QJ~ Councilman Lindemans moved to concur with staff's recommendation. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval with the exception of Councilman Stone who At 9:46 P.M., a short recess was taken with the City Council reconvening at 9:59 P.M. At this time, the Council returned to regular agenda order. It was the consensus of the City Council to extend this meeting to 10:30 P.M. 15. Plannina Aoolication No. PA97-0158 ¢Zonina Amendment No. 6 of the Paloma Del Sol Specific Plan) 15.1 Make a Determination of Consistency with a project for which an Environmental Impact Report was previously certified. 15.2 Read by title only and introduce and ordinance entitled: ORDINANCE NO. 98-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA97-0158 (ZONING AMENDMENT TO SPECIFIC PLAN NO. 219), THE PALOMA DEL SOL SPECIFIC PLAN, ON PROPERTY GENERALLY LOCATED NORTH OF SR79 SOUTH, EAST OF MARGARITA ROAD, SOUTH OF PAUBA ROAD, AND WEST OF BUTTERFIELD STAGE ROAD, AND KNOWN AS ASSESSOR'S PARCEL NUMBERS 950-020-001 THROUGH 950-020-004, 950-020-009 THROUGH 950-020-025, 950-020-027, 950-020-029, 955-030-002 THROUGH 955-030-004, AND 955-030-006 THROUGH 955-030-011 Community Development Director Thornhill presented the staff report (as per agenda material of record), advising that the property of discussion has previously obtained all the necessary approvals for development and that the request before the Council primarily pertains to minor amendments. In response to Councilman Stone, Mr. Thornhill noted that no changes have occurred as a result of this request which would change previously approved grading and, thereby, impact or exacerbate existing drainage conditions. With respect to the drainage issue, City Engineer Kicak clarified that the Butterfield Stage Road line and the retention basin on the west side, north of SR79 South, collect water from the Paloma Del Sol properties and other tributaries from the north, noting that this basin is being maintained by the developer. With regard to the properties to the east, Mr. Kicak advised that a proposed open channel to be constructed by way of Assessment District No. 159 will aid in the event if any flooding were to occur. Minutes\O 11398 ]3 Mr. Barry Burnell, 3242 Halladay, #100, Santa Ana, representing the applicant, concurred with staff's recommendation. With regard to drainage, Mr. Burnell reiterated that Paloma Del Sol has a retention basin on site which is being maintained by the developer. He advised that until the interceptor channel is built, the developer will continue to maintain the retention basin to ensure that no flooding will occur on the subject site and that until the interceptor channel is built, the developer cannot remove the retention basin and build homes in its place. With regard to drainage problems associated with the property on the western edge of the subject site, Mr. Burnell advised that no grading has occurred in this particular area which would cause flooding on the property. Ms. Michele Staples, 2100 Main Street, #104, Irvine, attorney representing the Corona family (3320 Highway 79), submitted a letter detailing her comments (of record). Advising that the Coronas do not oppose development near their property, Ms. Staples clarified their concern about the increased flood hazard to their land resulting from the project and the improvements to Butterfield Stage Road. At the time the project of discussion was approved, Ms. Staples noted that certain conditions of approval were imposed to ensure no increased flood hazard to the adjacent properties and that any increased flood hazard would be alleviated prior to project construction. Because the existing project filled in what used to be the drainage channel and in light of the Butterfield Stage Road improvements, Ms. Staples advised that a flood hazard has been created. She noted that the existing retention basin does not protect the property owners to the east from flooding; that the Corona property was not predisposed to flooding prior to the construction of this project; and that the City should neither approve this application nor allow this project to proceed until the proper facilities are constructed to alleviate any increased flood hazards to the Corona property and to other off-site properties. As a result of a hydrological study completed in 1996, Ms. Staples advised that the developer is aware of the flood risks to the Corona property and other properties but that the developer has taken no action to alleviate this risk. Noting that the project proponent has relied on the County to construct the interceptor channel in order to alleviate the increased flood hazard, Ms. Staples advised that 10 years after the approval of the Environmental Impact Report for this project, such as facility has still not been constructed nor has it been planned. Because the flood hazard has not been alleviated, Ms. Staples stated that the project is not adhering to its conditions of approval and should, therefore, not be allowed to proceed with construction. In approving this amendment, Ms. Staples stated that the City would be relying on a 10-year old EIR, which is outdated, and that such action would be illegal. Therefore, Ms. Staples recommended the completion of a subsequent EIR in order to analyze the project impacts and the accuracy of the mitigation measures as a whole in light of the changed circumstances in the 10 years since the approval of the EIR. With regard to the hydrological study of 1996, Ms. Staples, for Councilman Stone, advised that this study was completed by the Keith Company and that the study indicated support for a retention basin on the project site, noting that the retention basin prohibits flooding to the north but not flooding to the east. In response to Councilman Stone, Ms. Staples noted that fortunately, to date, the Corona property has not experienced any increased flooding as a result of the subject project. Minutes\O 11398 ]4 In response to Councilman Ford, Ms. Staples advised that the Coronas' concerns could be alleviated by conducting a study of the flood hazard in the current condition and the design of facilities in such a way that would alleviate the flood hazard in a manner that is of the least harm to the Corona property and agricultural operation. Ms. Staples clarified that not a full EIR would have to be completed only a subsequent EIR addressing only the water movement as well as the proper facilities to be placed. In response to Councilman Comerchero, City Engineer Kicak noted that the Corona property is not at an increased flood risk as a result of the Paloma Del Sol project. For Councilman Comerchero, Ms. Staples clarified the Corona's concern with regard to increased flood hazard, noting that because of grading associated with Paloma Del Sol, the drainage channel which used to move water from east to west through the Paloma Del Sol project has been alleviated. Because Assessment District No. 159 was responsible for the design and the construction of Butterfield Stage Road, Mr. Burnell stated that this construction interrupted the drainage channel which has now impacted the Corona property. Mr. Burnell reiterated that it is the responsibility of this Assessment District to construct the interceptor channel and that until this channel is built, the developer cannot remove the retention basin and build additional homes. At this time, it was the consensus of the City Council to extend this meeting to 11:00 P.M. At this time, Mayor Roberts closed the public hearing. Because their has been a negligence on the part of the County to construct this interceptor channel in a timely fashion for the benefit of the neighboring property owners, Councilman Ford relayed this Council's need to impress upon the County that these facilities must be constructed and that a study to accommodate this construction must be completed post haste. Sensitive to the drainage issues, Councilman Stone clarified the issues of this request by stating that the amendment to the Specific Plan will not change the City Council's ability to place any additional conditions upon the developer but advised that the City Council will be proactive in addressing the drainage issues. MOTION: Councilman Lindemans moved to approve staff's recommendation and that staff immediately follow up on this issue and provide additional information to the City Council within 30 days. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. 16. Planning A_D_Dlication No. PA 97-0348 Amendment to the City's Development Code Pertaining to Permitted Uses for Granny Flats and Guest Houses. Parking. arid Driveway Standards fro Multi-Family Units. Second Units. Granny Flats. and Guest Houses in Residential Areas and Addina a Definition of Guest Houses -- 16.1 Adopt the Negative Declaration for Planning Application NO. PA97-0348. Minutes\011398 ] ~ 16.2 Read by title only and introduce an Ordinance entitled: ORDINANCE NO. 98-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING PORTIONS OF TABLE 17.06.030, TABLE 17.24.040 AND SECTION 17.34.010 OF THE TEMECULA DEVELOPMENT CODE PERTAINING TO PERMITTED USES FOR GRANNY FLATS AND GUEST HOUSES, PARKING STANDARDS FOR MULTI-FAMILY UNITS, SECOND UNITS, GRANNY FLATS AND GUEST HOUSES IN RESIDENTIAL AREAS DRIVEWAY WIDTHS CONTAINED IN SECTION 17.24.050(b) AND ADDING A DEFINITION OF GUEST HOUSE Community Development Director Thornhill reviewed the staff report (as per agenda material). For the record, City Attorney Thorson read Ordinance No. 98-02 by title only. There being no questions from the Council or any input from the public, the public hearing was closed and the following motion was offered: MD_TJ~J~ Councilman Stone moved to concur with staff's recommendation. The motion was seconded by Councilman Lindemans and voice vote reflected unanimous approval. Subseouent Need Iterrl In light of a recent decision by the Riverside County Transportation Commission to allocate $100 million of the gas tax funds to the desert versus any allocation to the Western Riverside County, Mayor Roberts advised that the Western Riverside County officials were not included in this decision-making process and that he and City Manager Bradley will be attending a meeting tomorrow at which this matter will be discussed. Discussion ensued with regard to this issue, including return-to-source funding. It was the consensus of the Council to concur with the formation of a committee to review the Riverside County Transportation Commission's action. 17. Planning A001ication No. PA97-0392 (Conditional Use Permit) - A00eal by Albert S. Pratt Discussed earlier; see pages 12-14. City Manager's Reoort None given. City Attorney's Reoort City Attorney Thorson advised that the City Council would, at this time, convene in closed session. Minutes\011398 ] {~ At 11:03 P.M., the City Council recessed end convened in closed session at 11:08 P.M. At 11:27 P.M., the City Council reconvened in open session with the City Attorney making the following statements: City Attorney Thorson advised that the City Council gave direction to staff with respect to the litigation matters and with respect to negotiations on the Real Property items. With regard to the Real Property matter, City Attorney Thorson advised that no final decision would be made prior to the City Council discussing the matter in an open session. Adjournment At 11:28 P.M., the City Council meeting was formally adjourned to Tuesday, January 27, 1998, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Ron Roberts, Mayor ATTEST: W. Jones, City Clerk Minutes\O 11398 ] 7