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