HomeMy WebLinkAbout100599 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
OCTOBER 5, 1999
The Open Session of the City Council meeting convened at 7:00 P.M.
Present: Councilmembers: Comerchero, Lindemans, Roberts, Stone,
and Ford.
Councilmember: None.
Absent:
PRELUDE MUSIC
The prelude music was provided by Kurt Jordan.
INVOCATION
The invocation was given by Pastor Cary Wacker of Rancho Baptist Church.
ALLEGIANCE
The audience was led in the Flag salute by Councilman Comerchero.
PRESENTATIONS/PROCLAMATIONS
Presentation to the Fire Explorers
Firefighters Longmore and Knockman briefly reviewed the operations of the Fire Explorer Program
and introduced the Fire Explorers and presented Special Achievement Awards to each.
Alternatives to Domestic Violence
Councilman Roberts, Board of Director of Alternatives to Domestic Violence, presented the
Domestic Violence Awareness Week Proclamation to Ms. Niles who, in turn, accepted and
extended appreciation to the City Council for its support as an advocate for domestic violence
victims in the Temecula area.
PUBLIC COMMENTS
A. Mr. David Micheal, 30300 Churchill Court, addressed his concerns with regard to
campaign signs, the enforcement of them, the placement of them, the size of them, and
requested that all the placement of all signs, including realty signs, be equally handled by staff.
B. Ms. Pamela Miod, 31995 Via Saltio, addressed traffic issues with regard to Highway 79;
suggested better signal timing at Bedford Court and La Paz Road; and expressed concern with
the amount of growth in the City and its impacts on infrastructure.
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CITY COUNCIL REPORTS
A. For Councilman Comerchero, Deputy City Manager Thornhill verified that prior to staff
removing any campaign signs, all Council candidates were notified.
B. Advising that the recently restored buildings in the County (historic Vail Ranch buildings)
were badly vandalized, Councilman Comerchero noted that the Pastor at Sundse Christian
Fellowship Church has expressed an interest in leading a group to restore these histodc
buildings. Mr. Comerchero stated that discussions are underway with the County in order to
assess the damages and to obtain permission for restoration of this histodc site.
C. In response to Councilman Comerchero, City Attorney Thorson suggested that staff
explore with the County the provisions of rewards as it relates to the Graffiti Ordinance, noting
that the State Code reflects that the reward paid must be within the City the damages occurred.
City Manager Nelson noted that staff would follow up on the matter.
D. With regard to the size and placement of campaign signs, Mayor Pro Tern Stone
reiterated that all City Council candidates were notified, by staff, on several occasions and
because numerous violations were occurring, staff began to enforce the Ordinance. Mr. Stone
as well noted that the City Council Candidate's Briefing addressed numerous issues, including
signage and the placement of them. In closing, Mayor Pro Tern Stone relayed his
disappointment with the spirit of this election, referencing a recently mailed flier.
E. Having attended a recent Westem Riverside Council of Governments Executive
Committee Meeting, Councilman Roberts apprised the Council and the viewing public of the
impact and associated hazards with the red imported fire ant.
F. Advising that he had attended the Rail Volution '99 Conference in Dallas, Texas,
Councilman Roberts noted that topics of discussion included building livable communities with
transit.
G. Having recently traveled to San Jose, Councilman Lindemans advised that the County
allocates 1% of its sales tax to public transportation.
H. Mayor Ford commented on the continuing lobbying efforts with regard to the Multi-
Species Agreement.
CONSENTCALENDAR
I Standard Ordinance Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the
agenda.
2 Resolution Approvin.cl List of Demands
RECOMMENDATION:
2.1 Adopt a resolution entitled:
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RESOLUTION NO. 99-97
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 as of August 31, 1999
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5
6
RECOMMENDATION:
3.1 Receive and file the City Treasumr's Report as of August 31, 1999
Release Faithful Performance Warranty and Labor and Materials securities in Tract No.
24133-5 (located westedy of Montele.clro Way, between McCabe Ddve and Leena Way)
RECOMMENDATION:
4.1 Authorize release of the Faithful Performance Warranty and Labor and Materials
securities for the public improvements in Tract No. 24133-5;
4.2 Direct the City Clerk to so advise the developer and surety.
Release Faithful Performance Warranty and Labor and Materials securities in Tract No.
24135-2 (located at the southwesterly corner of Pio Pico Road at Amarita Way)
RECOMMENDATION:
5.1
Authorize release of the Faithful Performance Warranty and Labor and Materials
securities for public street and drainage, and water and sewer system improvements
in Tract No. 24135-2;
5.2 Direct the City Clerk to so advise the Developer and Surety.
Release Public Works Warranty and Labor and Materials securities in Tract No. 24135-F
(located at the northwesterly corner of Meadows Parkway at Leena Way)
RECOMMENDATION:
6.1
Authorize release of the Faithful Performance Warranty and Labor and Materials
securities for public street and drainage, and water and sewer system improvements
in Tract No. 24135-F;
6.2 Direct the City Clerk to so advise the Developer and Surety.
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8
Intention to Vacate Portion of North General Keam¥ Road in Tract No. 3334 (located at the
southeast comer of intersection of Mar.eadta Road at North General Keamv Road)
RECOMMENDATION:
7.1 Adopt a resolution entitled:
RESOLUTION NO. 99-98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA OF NOTICE OF INTENTION TO VACATE A
PORTION OF NORTH GENERAL KEARNY ROAD AT
MARGARITA ROAD IN TRACT NO. 3334, AND SETTING A
PUBLIC HEARING ON THE VACATION
Scheduled for a public hearing on November 9, 1999.
Parcel MaD No. 28471 (located on the west side of Winchester Road. west of Bostik Court
RECOMMENDATION:
8.1 Approve Parcel Map No. 28471 in conformance with the Conditions of Approval;
8.2 Approve Subdivision Improvement Agreement and accept the 10% Maintenance
Bond as secudty for the agreement;
8.3 Approve Subdivision Monument Agreement and accept the Monument Bond as
security for the agreement.
9 Coml~letion and Accel3tance for the Old Town Streetscal3e, Proiect No. PW97-05
RECOMMENDATION:
9.1
Accept the Old Town Streetscape Project constructed by Valley Crest Landscape,
Inc., Project No. PW97-05, as complete except for the remaining items on the punch
list;
9.2
File a Notice of Completion, except for punch list items, reduce the Performance
Bond to $60,000 and accept a one (1) year Maintenance Bond in the amount of
10% of the contract;
9.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of
Completion, if no liens have been filed;
9.4 Withhold $49,620.82 for electrical/sound system Warranty Retention for a period of
one (1) year after the Notice of Completion is recorded.
Mayor Pro Tem Stone abstained with regard to this Item. Supplemental material
was distributed reflecting the above-noted recommendation.
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10 Completion and Acceptance for the Street Sealin.cl Project FY98-99, Project No. PW99-04
RECOMMENDATION:
10. 1 Accept the project for the Street Sealing Project FY98-99, Project No. PW99-04, as
complete;
10.2 File a Notice of Completion, release the Performance Bond, and accept a one (1)
year Maintenance Bond in the amount of 10% of the contract;
10.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of
Completion, if no liens have been filed.
11 Woodside Homes Reimbursement AClreement
RECOMMENDATION:
11.1
Approve the first amendment to subdivision agreement with Woodside Chantemar
Homes to compensate the developer in an amount not to exceed $78,292 for the
costs associated with installing the landscaping for the wetlands mitigation area and
the letter agreement with Woodside Chantemar for changes to the project;
11.2
Approve a transfer of $78,292 in Capital Reserve Funds from the Nicolas Road
Sidewalks project ($75,000) and the I-15/Santiago Road Additional Interchange
Improvements project (3,292).
Considered under separate discussion; see pages 6-7.
12 Request to Desi.clnate Certain Property as No Skateboardinq, Rollerbladin{:l or Similar
Activity Area
RECOMMENDATION:
12.1 Adopt a resolution entitled:
RESOLUTION NO. 99-99
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DESIGNATING PRIVATE PROPERTY AT 27555
YNEZ ROAD A NO SKATEBOARDING, ROLLERBLADING OR
SIMILAR ACTIVITY AREA PURSUANT CHAPTER 10.36 OF
THE TEMECULA MUNICIPAL CODE
13 Second Readinq of Ordinance No. 99-26
RECOMMENDATION:
13.1 Adopt an ordinance entitled:
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ORDINANCE NO. 99-26
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, ADDING CHAPTER 5.22 TO THE
TEMECULA MUNICIPAL CODE ESTABLISHING
REGULATIONS FOR PRACTICE OF MASSAGE WITHIN THE
CITY OF TEMECULA, REPEALING RIVERSIDE COUNTY
ORDINANCE NO. 596 AS ADOPTED BY THE CITY, AND
AMENDING SECTION 1.08.010 OF THE TEMECULA
MUNICIPAL CODE RELATING TO ADOPTION BY REFERENCE
OF RIVERSIDE COUNTY ORDINANCES
MOTION: Councilman Stone moved to approve Consent Calendar Item Nos. 1-10 and 12-13
(Item No. 11 was pulled for separate discussion). The motion was seconded by Councilman
Comerchero and voice vote reflected unanimous approval.
Consent Calendar Item considered under selmarate discussion
11 Woodside Homes Reimbursement A.clreement
RECOMMENDATION:
11.1
Approve the first amendment to subdivision agreement with Woodside
Chantemar Homes to compensate the developer in an amount not to exceed
$78,292 for the costs associated with installing the landscaping for the wetlands
mitigation area and the letter agreement with Woodside Chantemar for changes
to the project;
11.2
Approve a transfer of $78,292 in Capital Reserve Funds from the Nicolas Road
Sidewalks project ($75,000) and the I-15/Santiago Road Additional Interchange
Improvements project (3,292).
Mr. Mel Southward, 40755 La Colina Road, informed the Council that the promised letter of
responsibility for damages caused to property by future rains has not been received and,
therefore, relayed his opposition to compensating the developer. Mr. Southward also noted that
the wall has not been reduced to five feet and that the 3 to 1 slope for lots 5, 6, 7, and 8 has not
been addressed.
Mr. Paul Nelsen, 40685 La Colima, requested that the City Council continue this matter and
expressed his concerns with regard to grading, drainage, 10' setback, trail, and erosion control.
For Mr. Nelson, Mayor Ford provided clarification with regard to the Wetlands Agreement.
Councilman Lindemans spoke in support of a continuance.
Mrs. Susan Nelson, 40685 La Colima, relayed her concerns with regard to stability as well as
the landscaping of the 40' buffer area.
At this time, the public hearing was closed.
MOTION: Councilman Lindemans moved to continue this matter for a month. The motion was
seconded by Councilman Roberts. (This motion was amended; see page 7.)
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In light of the upcoming reiny season and to ensure proper erosion control, Mayor Pro Tem
Stone expressed some concern with delaying this project.
Advising that the developer has met with the homeowners on severel occasions and has
attempted to mitigate the homeowners' concerns, City Manager Nelson commented on the
impacts by further delaying this project.
At this time, Mayor Ford reopened the public headng.
Mr. Southward advised that the 3 to I slope has not been completed on lots 5, 6, 7, and 8.
City Manager Nelson advised that the developer has agreed to the 3 to 1 slope because the
City agreed to accept the cost associated with installing the planting in the wetlands area, noting
that such work is contingent upon the approval of the proposed agreement.
Mayor Ford reitereted the proposed agreement which included the lowering of lots 5, 6, 7, and 8
and greding the upper 5' of the slope at a 3 to 1. Mr. Ford recommended that no funds be
dispersed to the developer until the work has been completed as per the agreement.
If this item were continued, Councilman Comerchero emphasized to the attending homeowners
that a continuance would further delay the erosion plan. In response to Mr. Comerchero, those
residents in attendance with regard to this issue, all spoke in support of a continuance.
At this time, Councilman Lindemans offered the following amendment to his previously made
motion.
MOTION: Councilman Lindemans moved to continue this item to the October 19, 1999, City
Council meeting. The motion was seconded by Councilman Roberts and reflected unanimous
approval.
Director of Public Works Hughes informed the Council that the proposed agreement does not
address the retaining walls, advising that these walls were approved with a greding plan and
that these walls will be engineered to City standards.
At 8:07 P.M., the City Council recessed and convened as the Temecula Community Services
Distdct and the Temecula Redevelopment Agency. At 8:24 P.M., the City Council resumed with
regularly scheduled City Council business.
COUNCIL BUSINESS
14 Old Town Local Review Board Appointment
RECOMMENDATION:
14.1 Appoint one alternate to serve an unexpired term on the Old Town Local Review
Board.
City Clerk Jones presented the staff report (as per agenda material).
MOTION: Councilman Lindemans moved to appoint Mr. Ned Montgomery. The motion was
seconded by Councilman Comerchero and voice vote reflected unanimous approval.
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Mayor Ford requested that, on behalf of the City Council, a letter of appreciation be sent to Mr.
Otto Baron.
15 1999 Re.clional Housin.cl Needs Assessment
RECOMMENDATION:
15.1 Receive and file the Regional Housing Needs Assessment Report.
Both Deputy City Manager Thornhill and Senior Planner Hogan reviewed and provided
clarification with regard to the staff report and supplemental matedal (of record), advising that
the numbers reflected in the supplemental material are a combination of a SCAG's target and
State expectations as of January 1, 1998; that in light of the City's growth since 1998, the City
should be meeting its expectations in the low and moderate categories; and that these numbers
do not reflect an annual allocation but a 71/2 year total.
Because SCAG obtained its numbers from the 1990 census, Councilman Roberts advised that
the Western Riverside Council of Governments (WRCOG) does not agree with SCAG target
numbers and that WRCOG has recommended to delay this project until the completion of the
2000 census.
In light of the upcoming change in the Council, Councilman Lindemans requested that staff
provide a four-year history with regard to this issue.
Having a concern with meeting the expectations of the very low and low categories, Mayor Ford
referenced potential funding from a Califomia Housing Finance Agency Program.
MOTION: Mayor Pro Tem Stone moved to receive and file the Regional Housing Needs
Assessment Report. The motion was seconded by Councilman Roberts and voice vote
reflected unanimous approval.
CITY MANAGER'S REPORT
City Manager Nelson commented on completed paving improvements on Winchester Road,
noting that stdping and improvements should be fully completed by the end of next week. With
regard to the Ovedand Overcrossing, Mr. Nelson advised that the Overcrossing will be open
within the next 21/2 weeks, prior to the Mall opening. With regard to the Highway 79S Project,
Mr. Nelson noted that this project is being administered by the County, not the City; that the
County will begin on the construction of an additional westbound land from Pala Road to
Interstate 15 as per City Council approval of a change order; and that this project should be
completed within 10 days.
In closing, City Manager Nelson recognized and extended appreciation to Information Systems
Administrator Haleli, Information Systems Specialist Bridgham, and Facility Maintenance
Coordinator Kanigowski for their continual technical and audio support at the City Council
meetings.
CITY ATTORNEY'S REPORT
No comments.
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ADJOURNMENT
At 8:43 P.M., the City Council meeting was formally adjourned to Tuesday, October 19, 1999, at
7:00 P.M., City Council Chambers, 43200 Business Park Ddve, Temecula, California.
..~~?Steven~j. ord, Mayor
ATTEST:
Susan W. Jones, MC/AAE
[SEAL]
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