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HomeMy WebLinkAbout042302 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL APRIL 23, 2002 After the Closed Session that convened at 5:30 P.M., the City Council convened in Open Session at 7:01 P.M., on Tuesday, April 23, 2002, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Absent: PRELUDE MUSIC Councilmembers: Comerchero, Naggar, Pratt, Stone, Roberts Councilmember: None The prelude music was provided by Mr. Matthew Fagan. INVOCATION The invocation was given by Pastor Ben Wikner of Providence Orthodox Presbyterian Church. ALLEGIANCE The salute to the Flag was led by Boy Scout Troop No. 911. PRESENTATIONS/PROCLAMATIONS Advising that City Manager Nelson, Assistant to the City Manager Yates, and Senior Management Analyst Adams will be participating on a basketball team against the Harlem Ambassador Basketball Team, Mayor Roberts presented to City Manager Nelson his team jersey and informed the public that this basketball game fundraiser for Habitat for Humanity will be on Wednesday, May 1,2002, at Chaparral High School. PUBLIC COMMENTS A. Ms. Kathy Katz, 35125 Calle Nopal, representing the Temecula Valley Garden Club, invited the City Council and the public to the Annual Flower Show on Saturday, April 27, 2002, at the Library, from 10:00 A.M. to 3:00 P.M., noting that the admission was free. B. Mr. Tom Stillings and Nannette, 35595 Glenoaks Road, representing the Lakeside Jazz Club and Nannette and her Hotsy Totsy Boys, invited the City Council and the public to the upcoming Jazz Festival on May 11 and 12, 2002. CITY COUNClLREPORTS A. Advising that Sister City Voorburg will merge with the City of Leidschendam (Leideschendam-Voorburg) on May 22, 002; Mayor Pro Tem Stone suggested that the City of Temecula forward a gift to the newly merged cities to commemorate this special occasion. Mayor Roberts informed Mr. Stone that those efforts are in the process. R:\Minutes\042302 1 B. Commenting on the number of complaints he has received with regard to speeding in residential areas, Councilman Naggar remihded the public that the speed limit in residential areas is 25 miles per hour. C. By way of pictures, Councilman Pratt shared pictures from Spain as it relates to traffic and circulation and recommended that the City invest in four double-decker tourist buses to enhance the traffic/transportation system. 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 Approvinq List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO, 02-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 Amendment No. 1 to the Temecula Town Association Advertisinq A.qreement with reqard to the Frontier Days Rodeo RECOMMENDATION: 3.1 Approve Amendment No. 1 to th~. Temecula Town Association (TTA) Advertising Agreement with regard to the Frontier Days Rodeo in the amount of $15,000.00. 4 Pacific Bell Wireless, LLC, dba Cinqular Wireless - Ground Lease Agreement RECOMMENDATION: 4.1 Approve the lease agreement for a ten year period in an annual amount of $19,200.00, between the City of Temecula and Pacific Bell Wireless, LLC, dba Cingular Wireless for the installatlon, operation, and maintenance of a wireless Personal Communications Services (PCS) facility at Rancho California Sports Park. R:\Minutes\042302 2 Amendment No. I to the Library Grant Writinq Services Aqreement RECOMMENDATION: 5.1 Approve Amendment No. 1 to the Library Grant Writing Services Agreement in the amount of $32,000.00 to Beverly Simmons, Library Management Consulting. 6 Sixth Street Property Promissory Note RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 02-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE EXTENSION OF THE PROMISSORY NOTE FOR THE SIXTH STREET PROPERTY 7 Harveston Storm Drain Infrastructure - Tract No. 29639-1 - Cooperative Aqreement RECOMMENDATION: 7.1 Approve the Harveston Tract No. 29639-1 - Storm Drain Infrastructure Cooperative Agreement with the Riverside County Flood Control and Water Conservation District, the City of Temecula, and Lennar Homes of California, Inc., a California Corporation; 7.2 Authorize the execution of such agreement in its final form by the Mayor, City Attorney, and City Clerk. Tract Map No. 26828 (located south of Murrieta Hot Sprinqs Road, north of Nicolas Road, west of Seraphina Road, and east of North General Kearnev Road) RECOMMENDATION: 8.1 Approve Tract Map No. 26828 in conformance with the conditions of approval; 8.2 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Materials Bond as security for the agreement; 8.3 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. Tract Map No. 26828-1 (located south of Murrieta Hot Sprinqs RoadI north of Nicolas Road, west of Seraphina Road, and east of North General Kearne¥ Road) RECOMMENDATION: 9.1 Approve Tract Map No. 26828-1 in conformance with the conditions of approval; R:\Minutes\042302 3 9.2 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Materials Bond as security for the agreement for onsite improvements; 9.3 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Materials Bond as security for the agreement for offsite improvements; 9.4 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. 10 Tract Map No. 26828-2 (located south of Murrieta Hot Sprinqs Road, north of Nicolas Road, west of Seraphina Road, and east of North General Kearney Road) RECOMMENDATION: 10.1 Approve Tract Map No. 26828-2 in conformance with the conditions of approval; 10.2 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Materials Bond as security for the agreement; 10.3 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. 11 Approval of the Plans and Specifications and authorization to solicit Construction Bids for Intersection Traffic Monitorinq System and Traffic Siqnal Interconnect - Project No. PW99-05 RECOMMENDATION: 11.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for intersection Traffic Monitoring System and Traffic Signal Interconnect -.Project No. PW99-05. 12 Solicitation of Construction Bids and Approval of the Plans and Specifications for Proiect No. PW02-05 - FY2001-02 - Slurry Seal Project RECOMMENDATION: 12.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for Project No. PW02-05 - FY2001-02 - Slurry Seal Project. MOTION: Councilman Comerchero moved to approve Consent Calendar Item Nos. 1 - 3 and 5 - 12 (Item No. 4 was pulled for separate discussion.) The motion was seconded by Councilman Naggar and voice vote reflected approval with the exception of Mayor Pro Tem Stone abstained with regard to item Nos. 3 and 4. R:\Minutes\042302 4 CONSENT CALENDAR ITEM NO. 4 CONSIDERED UNDER SEPARATE DISCUSSION 4 Pacific Bell Wireless, LLC, dba Cinqular Wireless - Ground Lease Aqreement - Approve Staff Recommendation and direct staff to conduct an appraisal as to what the lease rates are for cellular antennas on municipal property and invite the City of Murrieta and the County of Riverside to join in this effort and share in the expense of the appraisal (5-0-0) MN/JC RECOMMENDATION: 4.1 Approve the lease agreement for. a ten year period in an annual amount of $19,200.00, between the City of Temecula and Pacific Bell Wireless, LLC, dba Cingular Wireless for the installation, operation, and maintenance of a wireless Personal Communications Services (PCS) facility at Rancho California Sports Park. Councilman Naggar recommended that an appraisal of lease rates for cellular antennae on municipal property be completed and that the County and the City of Murrieta be invited to participate in the appraisal. MOTION: Councilman Naggar moved to approve the staff recommendation and to direct staff to conduct an appraisal to determine the lease rates for cellular antennae on municipal property and to invite the County and the City of Murrieta to participate in such an appraisal. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. PUBLIC HEARING 13 Development Code Amendment {Planninq Application No. 01-0566 - Secondary Dwellinq Units) RECOMMENDATION: 13.1 Not amend the provisions of the Development Code pertaining to Secondary Dwelling Units. Senior Planner Hogan reviewed the staff report (of record). Director of Planning Ubnoske reiterated previous City Council direction with regard to this issue, noting the Council's desire to address a sliding scale with flexibility with the requirement of a Conditional Use Permit; that the Planning Commission had unanimously denied a Code amendment; and that approximately five properties have applied for and been granted the permission to build a secondary dwelling unit. limited to 1,200 square feet, since incorporation. In response to Councilman Comerchero, it was noted by staff that the intent of the secondary dwelling units would include housing for family members, students, elderly, in-home health care providers, etc. Questioning why a lot split had not been considered, Mayor Pro Tem Stone noted that he would not view a 2,000 square foot unit as a granny flat. Addressing Mayor Pro Tem Stone's suggestion of a lot split, Mr. Mike Graesser, 39700 Cantrell Road, commented on the associated costs of a lot split and, therefore, making such an option R:\Minutes\042302 5 not feasible. Mr. Graesser advised that his lot is 10 acres and that the two dwelling units are 900 feet apart. Councilman Pratt noted that he would not fore'see the placement of two homes on this 10-acre lot having a negative impact on the neighborhood. Speaking in support of a Code amendment, Mr. Ray Graesser, 39700 Cantrell Road, reiterated the costs associated with a lot split and commented on what he would view as misinformation provided to him by the department, noting that the City's departments were aware that the 1,800 square foot residence was being constructed prior to the construction of the main dwelling unit. In response to Mayor Pro Tern Stone, Mr. Graesser advised that both a lot split and a variance were explored prior to the construction of the second dwelling unit and that staff had clarified that the second dwelling unit would be limited to 1,200 square feet. Director of Planning Ubnoske provided additional clarification with regard to lot splits and advised, for Councilman Naggar, that Mr. Graesser had received a building permit for the primary dwelling and one for the second dwelling unit with the stipulation that it be restricted to 1,200 square feet. In response to Councilman Naggar, City Attorney Thorson advised that in order for the City Council to approve a variance, certain specific findings, under State Law, would have to be made prior to approval. Speaking in opposition to the Code amendment, Mr. Ron Knowles, 39675 Cantrell Road, noted that a Code should not be amended as the result of one individual's request; commented on potential impacts, if this amendment were approved, such as rentals, density, traffic, decreasing property value, etc.; stated that a 2,000 square foot dwelling unit would not be a granny flat; and, therefore, encouraged the City Council to oppose the amendment. Councilman Pratt expressed concern with the City Council impacting this individual's investment. Concurring with the opposition of a Code amendment, Mr. Bill Devalck, 39835 Cantrell Road, as well commented on the potential impacts of an amendment to the neighborhood and relayed his support of a 1,200 square foot granny flat. Reiterating Mr. Graesser's understanding of the Code, limiting the granny flat to 1,200 square feet, Mayor Pro Tem Stone relayed his opposition to amending the Code and stated that the City has the responsibility to enforce the Code. Viewing it as inappropriate public policy for the City Council to amend a Code dependent upon an individual's request, Councilman Comerchero suggested that the City Council review the existing Code and determine whether or not .a change were necessary, noting that, in his opinion, the Code does not require any changes. Mr. Comerehero stated that the 1,200 square foot granny flat was intended to function as that but not as another residence of 2,000 square feet. Further commenting on Mr. Graesser's situation, Building & Safety Director EImo clarified that at the time the 1,800 square foot residence was constructed, no other buildings were located on the property; that at the time the second dwelling unit (larger residence) was constructed, staff discussed with Mr. Graesser the need to reduce the living area of the first dwelling unit upon the completion of the construction or issuance of a building permit; and that Mr. Graesser had been R:~Vtinutes\042302 6 advised that if the Code were not amended, the living area of the first dwelling unit would have to be reduced. For Councilman Naggar, City Attorney Thorson noted that there would be no liability to the City because the building permit was issued with the condition that the second unit not exceed 1,200 square feet. Mayor Pro Tern Stone reiterated that, in his opinion, the City's existing Code is clear. MOTION: Mayor Pro Tem Stone moved to approve staff recommendation (to not amend the Code) and to direct staff to work with Mr. Graesser in an effort to create a workable solution to his situation. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Councilman Pratt who abstained. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT No comment. CITY ATTORNEY'S REPORT With regard to Closed Session, City Attorney Thorson advised that under the Brown Act, there were no reportable actions. ADJOURNMENT At 8:16 P.M., the City Council meeting was formally adjourned to Tuesday, May 7, 2002, at 5:30 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecuta, California, for the purpose of an RCIP Workshop. ATTEST: CT~ Ci~rk [SEAL] Ron Roberts, Mayor R:\Minutes\042302 7