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HomeMy WebLinkAbout121101 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL DECEMBER 11, 2001 CALL TO ORDER The City of Temecula City Council convened in Closed Session at 5:30 P.M., on December 11, 2001, in the Main Conference Room of Temecula City Hall, 43200 Business Park Drive, Temecula, California. The Open Session of the City Council meeting commenced at 7:00 P.M. in the City Council Chambers. ROLL CALL Present: Councilmembers: Naggar, Roberts, Pratt, and Mayor Comerchero. Absent: Councilmember: Stone. PRELUDE MUSIC The prelude music was provided by the Musician's Workshop Youth Choir. On behalf of City staff, the citizens, and the Council, Mayor Comerchero presented flowers to Ms. Eve Craig, thanking her for her continued service in providing music for the City Council meetings. INVOCATION The invocation was given by Pastor Ron Alsobrooks of New Covenant Fellowship. ALLEGIANCE The audience was led in the Flag salute by Troop No. 301. PRESENTATIONS/PROCLAMATIONS Certificate of Appreciation - Cub Scout Troop No. 301 Mayor Comerchero presented Cub Scout Troop No. 301, "The Mighty Rattlesnakes," with a Certificate of Appreciation, noting their efforts in decorating the 196 wreaths that adorn Old Town Temecula, devoting 172 hours towards this particular project. Certificate of Appreciation Presentation - Ms Judi Steffen Presenting with gratitude a Certificate of Appreciation to Ms. Judy Steffen, merchant of the Wild Cactus in Old Town, Mayor Comerchero relayed her noteworthy efforts in volunteering to help with the decorating of the wreaths in Old Town, as well as aiding in other community events. R:\Minutes\121101 PUBLIC COMMENTS Mr. Harold L. Atwell, 30792 Point Woods Court, noted his concern with the unsafe intersections in the Temeku Hills area caused by the recently widened bicycle lanes which were widened to accommodate golf carts, noting the elimination of left-turn lanes on Bogey Way, and Point Woods Court which created an unsafe condition; queried the rationale for placing many residents at risk to accommodate the few who drive golf carts; and additionally noted that the recently posted 25 MPH speed limit is not adhered to. For clarification, Mayor Comerchero noted that the change in the streets to accommodate golf carts was to honor an agreement made long ago; and requested Director of Public Works Hughes to further address this issue. In response, Director of Public Works Hughes advised that the existing five-foot bike lanes were widened to accommodate the safe travel for golf carts, noting that these streets had been designated as go~f-cart compatible streets; relayed that the new configuration was not unsafe in staff's opinion (although it was preferred that there be a refuge lane), but did require motorists in the rear to wait for the stopped motorists in front of them who were waiting for an opportunity to make a left turn; advised that this matter could go back to the Public/Traffic Safety Commission for review, if that was the desire of the City Council; for Mayor Comerchero, noted that there were no sight distance issues; and with respect to staff's perspective from an engineering viewpoint, advised that this perspective was addressed and considered when the re-striping was done. Mr. John Carnesecca, 31555 Rancho Vista Road, representing Temecula Valley High School Track and Field Program, requested the City Council to agendize a proposal from the Track and Field Program, requesting the City's assistance in contributing towards constructing a much-needed all-weather track facility. For Mr. Carnesecca, Councilman Naggar noted the past efforts of the City Council to make a contribution towards an all-weather track facility, relaying the concerns of the School Board at that time; and advised that if Mr. Carnesecca would first address this issue with the School Board, and gain its support, that he would readdress this issue with the City Council. Mr. Wayne Hall, 42131 Agena Street, referencing the Ross v. Stone matter, noted the right of the citizens of the United States to vote, via the U.S. Constitution; advised that to consider not counting his vote (which had been registered at the Promenade Mall) would be appalling; and reiterated that as an American citizen his vote should be counted. COUNClLREPORTS Updating the City Council and the community regarding the Ranch Community Church Project, Mayor Pro Tem Roberts relayed that earlier today (December 1 lthl,the first Subcommittee meeting had been held, which he considered a success; noted that the facility would be inclusive of a beautiful worship center, and a K-12th grade school, and would require cooperative efforts, advising that he would keep the City Council and the community apprised of the continuing discussions. B. Mayor Pro Tern Roberts wished a Happy Holidays to all. R:'~v~inutes\121101 :2 C. Noting his attendance at the recent Student-of-the-Month Luncheon, Councilman Pratt relayed what a thrill it was to honor the diligent efforts expended by these young people. D. With respect to the recent annual Electric Light Parade, Councilman Naggar noted what a pleasure it was to participate, relaying Happy Holidays to all the citizens, advising that it was an honor to serve them. E. Reminding all to be safe during this season, Mayor Comerchero echoed the wishes for a Happy Holiday. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda, 2 Resolution Approvincl List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 01-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 City Treasurer's Report RECOMMENDATION: 3,1 Receive and file the City Treasurer's Report as of October 31, 2001. 4 Financial Statements for the three months ended September 30, 2001 RECOMMENDATION: 4.1 Receive and file the Financial Statements for the three months ended September 30, 2001, R:\Minutes\121101 3 5 6 7 8 Annual Professional Services Aclreements for Geotechnical and Material Testina Services for various Capital Improvement Projects for FY2001-2002 RECOMMENDATION: 5.1 Rescind the agreement with Petra Geotechnical, Inc. in an amount not to exceed $60,000 to provide as-needed geotechnical and materials testing services; 5.2 Approve an agreement with Engen Public Works Services, LLC, in an amount not to exceed $60,000 to provide as-needed geotechnical and material testing services; 5.3 Authorize the Mayor to execute the agreement. Amendment No. 1 to the Annual Citvwide Routine Maintenance Contract RECOMMENDATION: 6.1 Approve Amendment No. 1 to the Annual Citywide Routine Maintenance Contract with Walter K. Becker (dba Becker Engineering) for an amount of $100,000.00 and authorize the Mayor to execute the amendment. Completion and Acceptance for Starliqht Ridae Southern Cross Road Sidewalk Proiect - Proiect No. PW00-22 RECOMMENDATION: 7.1 Accept the project for the Starlight Ridge Southern Cross Road Sidewalk Project - Project No. PW00-22 as complete; 7.2 File a Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract; 7.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been flied. Councilman Naggar abstained with regard to this issue. Reimbursement Aareement with Rancho California Water District for Cost Sharina for Aerial Imagery and Diqital TopoaraDhic Elevation Data RECOMMENDATION: 8.1 Approve a Reimbursement Agreement with Rancho California Water District for the acquisition of Aerial Imagery and Digital Topographic Elevation Data in the amount of $157,300.00. 9 Contractor Prequalifications for the Community Theater (Mercantile Buildina Seismic Retrofit) - Proiect No. Pw0i-20CSD RECOMMENDATION: 9.1 Authorize the Department of Public Works to solicit and prequalify contractors to perform the work required for the seismic retrofit of the Community Theater (Mercantile Building) - Project No. PW01-20CSD. 10 Second Readinq of Ordinance No. 01-16 (Amendment of the Official Zoninq Map) RECOMMENDATION: 10.1 Adopt an ordinance entitled: ORDINANCE NO. 01-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO THE OFFICIAL ZONING MAP ALONG BOTH SIDES OF A PORTION OF RIDGE PARK DRIVE (PLANNING APPLICATION NO. 01-0460) MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1- 10. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval with the exception of Councilman Naggar who abstained with regard to Item No. 7, and Councilman Stone who was absent. At 7:26 P.M., the City Council convened as the Temecula Community Services District, the Temecula Redevelopment Agency, and The Temecula Public Financing Authority. At 7:36 P.M., the City Council resumed with regularly scheduled City Council business. PUBLIC HEARING 11 Paloma del Sol Specific Plan Amendment No. 8 RECOMMENDATION: 11,1 Adopt a resolution entitled: R:\Minutes\121101 5 RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING ADDENDUM NO. 4 TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR SPECIFIC NO. 4 AND APPROVING PLANNING APPLICATION NO. 01-0109 (GENERAL PLAN AMENDMENT) FOR THE PALOMA DEL SOL SPECIFIC PLAN AMENDMENT NO. 8 LOCATED EAST OF MARGARITA ROAD, WEST OF BUTTERFIELD STAGE ROAD, NORTH OF HIGHWAY 79 SOUTH AND SOUTH OF PAUBA ROAD (PLANNING APPLICATION NO. 01- 019) 11.2 Adopt a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA 01-0102 (SPECIFIC PLAN AMENDMENT NO. 8) FOR THE PALOMA DEL SOL SPECIFIC PLAN LOCATED EAST OF MARGARITA ROAD, NORTH OF HIGHWAY 79 SOUTH, WEST OF BUTTERFIELD STAGE ROAD, AND SOUTH OF PAUBA ROAD BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THIS RESOLUTION 11.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AMENDED ZONING STANDARDS FOR THE PALOMA DEL SOL SPECIFIC PLAN AMENDMENT NO. 8 11.2 Adopt a resolution entitled: R:\Minutes\121101 6 RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01-0117 - VESTING TENTATIVE TRACT MAP NO. 24188 AMENDMENT NO. 4 FOR THE SUBDIVISION OF 293 RESIDENTIAL LOTS, I RECREATION CENTER LOT, I PARK SITE LOT, AND 16 OPEN SPACE LOTS WHICH CONFORM TO THE PLANNING AREAS, OPEN SPACE AREAS, AND PARK SITES OF THE PALOMA DEL SOL SPECIFIC PLAN AMENDMENT NO. 8 LOCATED EAST OF MEADOWS PARKWAY, NORTH OF DE PORTOLA ROAD, WEST OF BUTTERFIELD STAGE ROAD, AND SOUTH OF PAUBA ROAD, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 955-030-003, 955-030-004, 955-030-006, AND 955-030- 032 Mayor Comerchero opened the public hearing, noting that the applicant has requested that this item be continued to the January 8, 2002, City Council meeting. MOTION: Mayor Pro Tem Roberts moved to continue this item to the January 8, 2002, City Council meeting. The motion was seconded by Councilman Pratt and voice vote reflected unanimous approval with the exception of Councilman Stone who was absent. 12 Development Code Amendment (Plannin(~ Application No. 01-0566 - Secondary Dwellina Units) RECOMMENDATION: 12.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO MODIFY THE STANDARDS FOR SECONDARY DWELLING UNITS (PLANNING APPLICATION NO. 01-0566) Senior Planner Hogan provided an overview of the staff report (of record), noting that the State legislature has made a determination that second units are an integral part of the housing market, and that communities should require these units; clarified that the City's current ordinance limits the size (whether it be attached or detached) to 1200 square feet, relaying that staff had proposed that this maximum allowable size be increased to 2,000 square feet on lots of one acre, or larger; noted that when this item was presented to the Planning Commission, ultimately it was the Commission's recommendation that the City Council deny approval of this particular amendment; and via overheads, R:\Minutes\121101 7 presented various sized lots, demonstrating the varying total building envelopes with the required setbacks. Addressing the queries of the City Council, for Councilman Naggar, City Manager Nelson advised that while the Planning Commission recommended denial of this amendment, it was still staff's position that this amendment would be appropriate. Senior Planner Hogan clarifying that from staff's viewpoint, the 1200 square-foot maximum allowable size for second units was too stringent for the larger parcels, citing an example of a resident who owned a two-and-a-half acre lot, and desired to build a 1600 square- foot second unit, advising that it was staff's opinion that a second unit of this size on a two-and-a-half acre lot would be appropriate, and that the character of the area would still be maintained; and noted that the Planning Commission's concerns were regarding compatibility with the surrounding areas, as well as traffic, on-street parking impacts, and the provision of additional opportunities for rental housing. For Mayor Pro Tern Roberts, Senior Planner Hogan noted that the Planning Commission did not hear this item until last Wednesday, ergo the information regarding the Planning Commission's action was provided via supplemental agenda material; advised that there were a few residents with proposals for second units which would be affected by the City Council action, relaying that once the public hearing is opened, the sense of urgency would be clearer; and for Councilman Pratt, reiterated that increased traffic was one of the Planning Commission's concerns. In response to Mayor Comerchero, Chairman Chiniaeff, representing the Planning Commission, relayed that the concern of the Commission regarding this issue varied, noting that initially some Commissioners opined that these second units should not be allowed, which was addressed via the State mandate; with respect to the proposal to permit a larger unit (larger than 1200 square feet) on lots larger than one acre, relayed that it was the consensus of the Commission that it was not necessary to change the ordinance to allow for larger units for the purpose of granny flats, or second units, and that this size was adequate for this use; and reiterated the concerns regarding increasing the size of these units, as follows: increased traffic, and the fear that the character of the neighborhood would not be maintained. For Mayor Comerchero, Senior Planner Hogan relayed that the State legislature provided clarity regarding its intent, declaring that second units are a valuable form of housing in California; that second units provide housing for family members to assist the elderly, for in-home healthcare providers, for the disabled, and others, at below market prices in existing neighborhoods; and advised that the unit was intended as a rental use, and not as a unit for sale. In response to Mayor Comerchero's queries regarding whether it was the intent of the State to increase the economic viability of these homes, City Attorney Thorson advised that the courts, in interpreting the statute, had stated that the units could be rented out, advising that this would not be necessarily limited to a family member, or a caregiver; and relayed that the unit could not be sold. At this time Mayor Comerchero opened the public hearing. Speaking as a proponent of the proposal to amend the Development Code, Mr. Ray Graesser, 39700 Cantrell Road, relayed that subsequent to receiving information from R:'~Minutes\121101 8 the Building Department he built a guest house first, with plans to build a 2500-2600 square-foot main house, paid the associated school fees, and when he went to pick up the building permit he was directed to fill out a Conditional Use Permit (CUP) application, and was subsequently told that the 1800 square-foot guest house was too large, and should be 1200 square feet maximum; relayed that had he known, he would have built this size unit initially; advised that in order to get permits for the main house, he has had to wall off a portion of the guest house to reduce the square footage to 1200 square feet, although he is paying taxes on the full unit and has spent the extra money building a larger unit; and noted that this proposed amendment, if adopted, would have a significant positive impact for him. Speaking as a proponent of the proposal to amend the Development Code, Mr. Michael Graesser, 39700 Cantrell Road, addressing the traffic concerns, relayed that his residence is located on a privately-maintained road; noted that at this point, a lot split or a subdivision would mean incurring substantial costs; referencing the California Government Code, advised that the 1200 square-foot maximum size limitations were creating a burden on his family; referenced a letter from his neighbor (which was submitted to City Clerk Jones for the record), supporting the permitting of his 1800 square foot second unit; and noted that Riverside County limits the size of second units to two-thirds of the square footage of the main home, and not a specific square footage. Speaking in opposition to the proposal to amend the Development Code, Mr. Ron Knowles, 39675 Cantrell Road, referencing the State Code, specified the State's allowance of a maximum '1200 square-foot second unit ( *this 1200 maximum square footage referenced was later addressed by City Attorney Thorsen), advising that this was adequate space for an elderly parent, relaying that to allow a 2,000 square-foot unit on a five-acre lot, changed the character of the neighborhood; and additionally noted his concern regarding traffic, and changes in density. Speaking in opposition to the proposal to amend the Development Code, Mr. Bill De Valch, 39835 Cantrell Road, relayed that he bought his property in order to live in a Iow- density area; and advised that to allow a 2,000 square foot second unit would create traffic impacts, as well as negative impacts affer the property was sold. For clarification regarding a comment made by the public, City Attorney Thorsen advised that the State only limits the size of the second unit if a local jurisdiction has not adopted an ordinance addressing second units; for Mayor Comerchero, confirmed that the City of Temecula did adopt an ordinance limiting the size to a maximum 1200 square feet, and that the Council did have the authority to allow a larger-sized second unit, is so desired. At this time the public hearing was closed. Mayor Pro Tern Roberts noted that he could not support a blanket approval allowing 2,000 square foot second units on lots one acre, or larger, advising that a second unit this size would be inappropriate on various parcels. In response to Councilman Naggar, Director of Planning Ubnoske confirmed that the setback requirements would still have to be adhered to, confirming that the building envelopes on parcels would vary, Senior Planner Hogan confirming that the site topography could further restrain the building on the property. R:'WJinutes\121101 9 With respect to traffic, Councilman Naggar relayed that if an individual opted to add square footage via an attached building (i.e., an add-on), the impacts would not be different then those associated with adding a second unit; and queried the City Council for clarification regarding the concerns. In response, Mayor Pro Tern Roberts relayed that a larger, detached second unit could house a second family, or be utilized as rental housing, more easily. For Councilman Naggar, City Attorney Thorson advised that the law did not place limitations regarding who could utilize the second unit; and for Mayor Comerchero, confirmed that the City Council could not restrict the use. Noting his inclination to support increasing the allowable size of a second unit, Councilman Naggar opined that a 2,000 square foot unit would be too large for a one- acre site; and advised that since there appeared to be a consensus (in the community, as well as on the City Council) that the concept of granny flats would not create a negative impact, it was his recommendation that the negative aspects of this proposal be mitigated. Mayor Comerchero opined that it was inappropriate to amend the Development Code to address one resident's issue, advising that a more prudent avenue for solving this matter be sought. For informational purposes, Senior Planner Hogan relayed that there was a second property owner present at this hearing who has had to wall off a portion of their second unit due to this size issue. For clarification, Director of Planning Ubnoske noted that when coming into the Planning Department, residents with large parcels have relayed a desire for larger second units, clarifying the rationale for staff bringing this issue forward. For Mayor Pro Tem Roberts, Senior Planner Hogan provided the rationale for staff proposing to amend the maximum size of a second unit on lots of a size of one acre, or larger. In response to City Manager Nelson, Director of Planning Ubnoske relayed that in the past eleven years, staff has had fewer than five requests for larger second units, confirming that this issue would most likely not have a significant impact in the City, overall. Additional discussion ensued regarding the following: 1 ) creating a sliding scale and permitting varying sized units based on the acreage of the parcel, 2) addressing the requests on a case-by-case basis, or 3) increasing the maximum size to 1600 square feet. In response to Councilman Pratt's suggestion, City Attorney Thorson relayed that the City Council would have the authority to approve the uses via a Conditional Use Permit (CUP), but that standards would have to be developed; and noted that the fee for a CUP was approximately $5,000. R:~vlinutes\121101 ~0 In response to Councilman Naggar's queries regarding expeditiously addressing the residents who have existing second units larger than 1200 square feet, which have been walled off, Director of Planning Ubnoske advised that the sole avenue for dealing with these issues with the existing ordinance, would be to limit the second unit to 1200 square feet. Director of Planning Ubnoske relayed that if the units were to be permitted via a Minor CUP, the matter would go before a hearing, neighbors would be noticed, staff could address incompatibility issues, and the cost would be under $1,000; and for Councilman Naggar, advised that findings (i.e., compatibility) would have to be developed to support the CUP. Mayor Pro Tern Roberts noted that he would not support permitting a 2,000 square foot second unit unless the lots' size was a minimum of 2.5, or 5 acres. Discussion ensued regarding consideration to send the item back to the Planning Commission for consideration Chairman Chiniaeff concurring that new information had been presented. For Councilman Naggar, Chairman Chiniaeff noted that the second units could be allowable solely in certain sections of the City, if the larger second units were permitted based on a certain lot size. In response to Mayor Pro Tern Roberts, City Attorney Thorson advised that the CC&Rs of a Homeowners Association are an independent authority over land uses than City zoning regulations, advising that one does not affect the other. MOTION: Councilman Naggar moved to send this item back to the Planning Commission for consideration. Mayor Pro Tern Roberts seconded the motion and voice vote reflected unanimous approval with the exception of Councilman Stone who was absent. CITY MANAGER'SREPORT Providing an update, City Manager Nelson relayed that Congress has approved a $4 million commitment of Federal transportation funds to widen Pala Road, thanking Congressman Issa, Senators Boxer, and Feinstein, staff, as well as Federal Lobbyist David Turch, for their efforts regarding this matter; and noted that there was an additional $4.4 million pledged by the Pechangas for this project. With respect to the refinancing of the Community Recreation Project Bonds, City Manager Nelson relayed that the final pricing was complete, and that the City would receive approximately $2.67 million in additional funding without increasing the City's annual debt service costs, advising that the funds would be considered by the City Council in the upcoming ClP process. After City Manager Nelson welcomed his daughter's attendance to the meeting (validating for her teacher's information that she was present at this City Council meeting), Mayor Comerchero requested that she stand, and all those present greeted Jennifer Nelson with applause. R:'vMinutes\121101 ! ] CITY ATFORNEY'S REPORT With respect to the five items discussed in Closed Session, City Attorney Thorson advised that there were no reportable actions regarding the three Real Estate items, noting that no final action will be taken on these matters unless at a public meeting; relayed that them was nothing to report with respect to the City of Temecula v. Lennar Homes litigation; and with respect to the Ross v. Stone matter, relayed that a motion was made by Mayor Pro Tem Roberts, seconded by Mayor Comemhero to defend Mr. Stone pursuant to Government Code Section 36812.5; that the vote was tied with Mayor Pro Tern Roberts and Mayor Comerchero voting yes, and Councilmen Naggar and Pratt voting no, advising that the action was to not defend Mr. Stone in the election contest. ADJOURNMENT At 8:29 P.M., Mayor Comerchero formally adjourned the City Council meeting to Tuesday, January 8, 2002 at 7:00 P.M. in the City Council Chambers, 43200 Business Park Drive, Temecula, California. A'I-DEST: ~'""' ~' ~ y  ff merchero Ma or