HomeMy WebLinkAbout101204 CC Minutes
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MINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
OCTOBER 12, 2004
The City Council convened in Open Session at 7:00 P.M., on Tuesday, October 12,2004, in the
City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula,
California.
Present:
4
Councilmembers:
Comerchero, Stone, Washington, and Naggar
Absent:
Councilmembers:
Roberts
PRELUDE MUSIC
The prelude music was provided by Kenji Oberlander.
INVOCATION
The invocation was given by Reverend Howard Brown of Winchester United Methodist.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Councilman Comerchero.
PRESENT A TION/PROCLAMA TIONS
Relav for Life Proclamation
Representatives were not in attendance to accept the proclamation.
Goals for Graduation Proclamation
Thanking the City Council for its ongoing support, Ms. Tammy Marine, Director of Operations of
Boys & Girls Clubs of Southwest County, was in attendance to accept the proclamation and
apprised the public of the upcoming Pledge Rally on October 14, 2004, at the Promenade Mall
from 5:00 P.M. to 6:00 P.M.
Domestic Violence Awareness Month Proclamation
Providing an example of the benefits of this program, Ms. Melissa Donaldson, Executive
Director of SAF.E., and Police Chief Domenoe thanked the City Council for the recognition
and with appreciation accepted the proclamation.
Breast Cancer Awareness and Race for the Cure Proclamation
Thanking the City Council and staff for its continued efforts over the past nine years and its
additional funding this year for the distribution of materials to the high schools, Ms. Lori Stone-
Rubin, Ms. Maryanne Edwards, and Ms. Lisa Stevenson apprised the Council and the public of
a newly launched program Hats of Hope in honor of Breast Cancer Awareness Month to honor
those stricken with the disease or who have passed. Because this will be the last race in which
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Councilman Stone will be participating as a City representative, appreciation was extended to
Mr. Stone for his strong voice over the past nine years and, therefore, the Board of Directors
honored him with a Hat of Hope.
Although Councilman Stone will be leaving the City Council, Mayor Pro Tem Comerchero
assured the Board of Directors that the support and the passion for this cause will not be leaving
with him.
PUBLIC COMMENTS
A. In appreciation of the Council's continued support, Ms. Shari Crall, Temecula,
representing the Temecula Valley International Film and Music Festival, presented a music CD
to each City Councilmember and provided an overview of the successful event.
B. Commenting on the continued success of this event, Ms. Donna Boggins, Temecula,
President of the Board of Directors of the Temecula Valley Museum, personally subpoenaed
each Councilmember to attend the Third Annual Award-Winning Erie Stanley Gardner Mystery
weekend, November 6 and 7, 2004.
C.
Mr. Otto Baron, Temecula, addressed the issue of illegal aliens and immigration laws.
D. Ms. Renee Milot-Hathway, the mother of Mathew Hathway who died October 3, 2004 at
the Overland Bridge, advised that an investigation of this incident is in progress and noted that
she believes that it was an accident. She recommended the installation of cyclone fencing on
the other side of Overland Bridge even though that side is prohibited from pedestrian use and
as well recommended fencing for the Rancho California Road Bridge. She also recommended
the installation of a blinking light on the sign which states no pedestrian crossing to make it
more visible at night or during foggy weather.
Expressing great sympathy to Ms. Hathaway and her family, Mayor Naggar advised that
Councilman Roberts had requested that the matter of fencing be discussed at the October 26,
2004, City Council meeting.
CITY COUNCIL REPORTS
A. On behalf of the City of Temecula and the City Council, Councilman Washington advised
that he attends monthly Western Riverside Council Regional Conservation Authority meetings
as well as Western Riverside Council of Government (WRCOG) meetings and updated the
Councilmembers on upcoming items such as RCA Policy changes which affect collection of
funds generated by implementation of the MSHCP; advised that a new General Manager will
be announced; that WRCOG recently implemented the Transportation Uniform Mitigation Fees;
and that the fees may be raised or lowered dependent on cost and will be annually reviewed,
noting that sometime in December, these fees will be raised.
B. Commenting on the new commuter bus line from the City to the City of Oceanside,
Mayor Pro Tem Comerchero advised that after some review because of lack of ridership, the
fare had been decreased from $4.00 to $1.00; that an almost completed RTA fare study will
recommend that the fare on the commuter bus lines should be the same as all other bus line
rates through the year 2008; and that a slight fare increase on all buses will be forthcoming next
year as per the fare study.
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C. Reiterating that the Susan G. Komen Race for the Cure will be Sunday, October 17,
2004, Councilman Stone invited everyone to attend, noting that last year's race raised over $1
million and 75% of the funds raised will remain in the local community.
As a member of the Veterans' Memorial Subcommittee along with Mayor Pro Tem
Comerchero, Councilman Stone advised that the final selection of the letters as part of the
monument has been made and invited the public to the unveiling of the Veterans' Memorial on
November 11, 2004, at 2:00 P.M., at the Duck Pond, advising that President Bush and other
dignitaries have been invited.
Mr. Stone requested that the Holiday Schedule for the November/December City Council
meetings be identified and considered at the next City Council meeting.
CONSENT CALENDAR
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
Minutes
RECOMMENDATION:
2.1
Approve the minutes of September 14, 2004;
2.2 Approve the minutes of September 28, 2004.
3
Resolution approvina List of Demands
RECOMMENDATION:
3.1
Adopt a resolution entitled:
RESOLUTION NO. 04-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
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Citv Treasurer's Report
RECOMMENDATION:
4.1
Receive and file the City Treasurer's Report as of August 31, 2004.
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First Amendment to Webb Associates Professional Services Aareement
RECOMMENDATION:
5.1
Approve a First Amendment to agreement between the City of Temecula and Albert
A. Webb Associates for CFD Annual Administration Services in an amount not to
exceed $5,500.00 for a total contract amount of $53,500.00.
6
Annual Purchase Aareement for Citvwide Street Name Sian Replacement and Repairs for
Fiscal Year 2004-2005
RECOMMENDATION:
6.1
Approve an annual agreement with Main Street Signs for the purchase of Citywide
street name sign replacements and repairs in the amount of $50,000.00.
7
Completion and Acceptance of the SR 79S Sidewalk Improvement Project - Project No.
PW01-02
RECOMMENDATION:
7.1
Accept the construction of the SR 79S Sidewalk Improvement Project - Project No.
PW01-02 as complete;
7.2
Direct the City Clerk to file and record the Notice of Completion, release the
Performance Bond, and accept a one year Maintenance Bond in the amount of 10%
of the contract amount;
7.3
Release the Materials and Labor Bond seven months after the filing of the Notice of
Completion if no liens have been filed.
8
Approval of the Plans and Specifications and solicitation of Construction Bids - Traffic
Sianal at Pechanaa Parkwav and Muirfield Drive - Proiect No. PW99-11TS
RECOMMENDATION:
8.1
Approve the Construction Plans and Specifications and authorize the Department of
Public Works to solicit construction bids for Project No. PW99-11TS - Traffic Signal
at Pechanga Parkway and Muirfield Drive
9
Expenditure of Local Law Enforcement Block Grant (LLEBG) Funds
RECOMMENDATION:
9.1
9.2
Increase reimbursement revenue to the General Fund by $16,568;
Approve an additional appropriation of $16,568 to the Police Department Budget;
Approve the expenditure of Local Law Enforcement Block Grant funds and local
match funds in the amount of $18,409 for the purchase of police equipment.
9.3
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Second Readina of Ordinance No. 04-10 (Development Code Amendment for multiple
office buildinas in BP and L 1 zones)
RECOMMENDATION
10.1 Adopt an ordinance entitled:
ORDINANCE NO. 04-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA
MUNICIPAL CODE TO PROVIDE ADDITIONAL
PERFORMANCE STANDARDS FOR MULTIPLE OFFICE
BUILDINGS IN BUSINESS PARK AND LIGHT INDUSTRIAL
ZONES (PLANNING APPLICATION NO. PA04-0477)
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Second Readina of Ordinance No. 04-11 (Development Code Amendment for private
heliports
RECOMMENDATION:
11.1 Adopt an ordinance entitled:
ORDINANCE NO. 04-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLE 17 OF THE TEMECULA
MUNICIPAL CODE TO ESTABLISH REQUIREMENTS FOR
PRIVATE HELIPORTS IN VARIOUS ZONES AND TO MAKE
OTHER MINOR CHANGES (PLANNING APPLICATION NO.
PA04-0297)
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Second Readina of Ordinance No. 04-12 (Communitv Standards Preservation)
RECOMMENDATION:
12.1 Adopt an ordinance entitled:
ORDINANCE NO. '04-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLE 1 OF THE TEMECULA
MUNICIPAL CODE BY ADDING A NEW CHAPTER 1.24 -
COMMUNITY STANDARDS PRESERVATION ORDINANCE
MQ!!Q!':!: Councilman Stone moved to approve Consent Calendar Item Nos. 1-12. The motion
was seconded by Mayor Pro Tem Comerchero and electronic vote reflected approval ~
exception of Councilman Stone who vote .!!2 with regard to Item No. 11 and Councilman
Roberts who was absent.
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At 7:39 P.M., the City Council convened as the Temecula Community Services District and the
Temecula Redevelopment Agency. At 7:41 P.M., the City Council resumed with regular
business.
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An Appeal of the Plannina Commission's approval of PA03-0027 (Conditional Use Permit
and Development Plan). a proposal to develop a 24.287 SQuare foot church facilitv on a
4.72 acre lot
RECOMMENDATION:
13.1 Continue the public hearing to the October 26, 2004 City Council meeting.
Mayor Naggar informed the public that this matter will be continued; therefore, the public
hearing was opened and continued to October 26, 2004.
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CinaularWireless Telecommunications Site (PA02-717)
RECOMMENDATION:
14.1 Adopt a Mitigated Negative Declaration and Mitigation Monitoring Program based on
the Initial Study for Planning Application No. PA02-0717 which was prepared
pursuant to CEQA Guidelines Section 15072;
14.2 Adopt a resolution entitled:
RESOLUTION NO. 04-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING THE APPEAL OF THE PLANNING
COMMISSION'S DECISION TO APPROVE PLANNING
APPLICATION NO. PA02-0717 - A CONDITIONAL USE
PERMIT/DEVELOPMENT PLAN FOR THE CONSTRUCTION
AND OPERATION OF A WIRELESS TELECOMMUNICATIONS
FACILITY TO INCLUDE A 45-FOOT HIGH ARTIFICIAL PALM
TREE WITH THREE (3) ANTENNAS HOUSED WITHIN THE
BULB PORTION OF THE TREE AND FOUR OUTDOOR
EQUIPMENT CABINETS WITHIN A 310 SQUARE FOOT
BLOCK WALL ENCLOSURE AT 31575 ENFIELD LANE,
GENERALLY LOCATED ON THE SOUTH SIDE OF ENFIELD
LANE, APPROXIMATELY 3,200 FEET EAST OF RIVERTON
LANE (APN 957-170-012)
Planning Director Ubnoske reviewed the staff report (as per agenda material). In response to
the Councilmembers, Ms. Ubnoske noted the following:
. That the project, if approved, would be conditioned to mitigate all impacts
. That the Master Plan concept was not raised at the Commission level but referenced in
the appeal; that the appellant had provided information to staff that indicated the
implementation of a Master Plan for such facilities in other cities
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That the applicant had explored sites that would permit the possibility of partnering but
that coverage ranges restricted such partnering.
At this time, the public hearing was opened.
Having relocated to the City of Temecula for its rural environment, Ms. Valesta Ayer, Temecula,
expressed concern with the following as it relates to the proposed project:
.
The use of generators
0 Should be conditioned to prohibit the use of generators
The depreciation of property value
0 Must disclose the location of the cell tower
Ms. Roma Stromberg, Temecula, referenced communication (submitted for the record)
forwarded to staff and expressed the following concerns regarding the project:
.
That the City has not complied with the intent or the requirements of the California
Environmental Quality Act (CEQA)
0 Project will result in significant and direct and cumulative environmental impacts
not addressed or adequately addressed in the environmental documentation
That it would not be appropriate for the City to adopt a Mitigated Negative Declaration for
this project
0 That the California Environmental Quality Act states that a Mitigated Negative
Declaration shall be adopted only if there were no substantial evidence that the
project may have a significant affect on the environment
That the project will result in significant project-specific and cumulative land use and
aesthetic impacts
That the Planning Commission's determination of no significant impact is not founded
That potential impacts related to noise, air, and erosion should be evaluated in more
detail
That an alternative analysis, which focuses on technically feasible alternatives that avoid
or significantly reduce impacts, should also be conducted as per the CEQA guidelines
That the City had not disclosed or analyzed the potential aesthetic or land use impacts
that could occur with the implementation of the telecommunications ordinance; therefore,
the City should not use this ordinance as a threshold to assume that any particular
project mayor may not result in significant impacts based on whether or not this project
would be consistent with this ordinance
That because cellular facilities are permitted in every zone, the public has no way to
anticipate whether or not one may be constructed in their neighborhood; that land should
be designated for these facilities, giving the public a choice as to whether they would be
desirous of living next to such a facility; that wireless facilities can be master planned
and that the City should consider and plan for wireless facilities as any other land use
That, as part of the General Plan Update, the City should inventory areas that may be
sensitive to wireless facilities; describe the characteristics of these areas; rank these
areas from highly sensitive to least sensitive; compile a map for planning and public
disclosure purposes; and develop goals and policies in relation to wireless land uses
That, as per the Planning Commission staff report, if the proposed site will not meet
Cingular's needs and the height is prohibitive to collocation, why approve this project
.
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.
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At this time, Ms. Ayer submitted to the City Clerk a petition opposing the proposed project.
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In response to Councilman Stone, Ms. Stromberg further clarified and commented on her
previously made comments, noting the following:
.
Land use and impact analysis
Inconsistencies with the City's Telecommunication Ordinance
Aesthetic Impacts
Initial study was not available for public review
Visual blight
0 A setback which will make the palm tree appear more like a real palm tree
Erosion problems - existing/cumulative
Project description is not complete
Noise Impacts
Prohibit use of a generator
Sites must be technically feasible prior to completing an alternative analysis
Air quality because of the generator
.
.
.
.
Responding to Mayor Naggar and Mayor Pro Tem Comerchero, Planning Director Ubnoske
advised of the following:
.
That a grading plan would be required prior to the issuance of a building permit (erosion
concerns)
That an 85-foot setback is being proposed; that the Code requires a 75-foot setback;
that the homes on the cul-de-sac are over 325 feet away
That a condition stating that noise levels shall not exceed General Plan standards may
be imposed; that provisions will be made for a generator hookup but that there will not
be generator on the site unless of a major emergency
That the project may be conditioned to only permit generator hookup in the event of
major emergencies.
.
Addressing the previously made comments, Mr. Tim Fitzsimmons, representing Cingular
Wireless, Costa Mesa, stated the following:
.
That site locations are determined by drop call studies; therefore, it is difficult to
determine future location needs
That collocation was explored but was not feasible
That generators are only used during emergency situations; that a condition limiting the
use of a generator only during emergency situations would be acceptable
That no known studies have proven that cellular towers depreciate property values
That the applicant worked with City staff to address environmental impacts.
.
.
In response to Councilmember comments, Mr. Fitzsimmons stated the following:
.
That the picture of the proposed tower, placement of the antenna, and the additional
planting of palm trees (4), as presented by Ms. Stromberg, is an accurate rendering
That if there were no restrictions, the tower would be as tall as possible; that although
the entire pole will be 45 feet tall, the actual antenna will be located at 39 foot which
would make it inadequate to provide the desired service;
That landscaping conditions were imposed to hide the wall
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That Cingular would be supportive of other companies collocating on the proposed
tower.
Living in the tract neighborhood contiguous to the proposed site, Mr. Leonard Cole, Temecula,
viewed the proposed project as an industrial enterprise in a residential area; stated that the
proposed project would be unsightly; noted that the property has been graded and is unstable;
expressed concern with electromagnetic fields and its impacts on hearing aids or health
concerns; suggested that a Master Plan for such sites be explored; and suggested that the
matter be deferred and that the information provided by Ms. Stromberg be studied.
Addressing previously made comments, Ms. Roma Stromberg noted the following:
.
That the alternative analysis was not available for public review; that a CEQA level
alternative analysis should be completed for this specific project.
Mr. Tim Fitzsimmons, representing the applicant, stated the following in response to previously
made comments:
.
That with regard to the grading concern, the project would have to proceed with the
building permit process and will require an approval process
That with regard to the electromagnetic field (EMF) concern, the towers are regulated by
the FCC and all imposed guidelines are adhered to; that the Telecommunications Act of
1996 exempts such facilities from EMF concerns
That the proposed facility will be constructed in a very-low density residential
That alternative analysis was completed.
.
.
.
At this time, the public hearing was closed.
In respónse to Ms. Stromberg's comments, Councilman Stone stated that he would be of the
opinion that erosion, air quality, and noise impacts will not be significant impacts and that the
proposed site will be technically feasibly. However, Mr. Stone concurred with Ms. Stromberg
about the master planning such facilities, noting that he had, at a previous public hearing with
regard to the construction of a cellular tower; requested that this matter be addressed and that
that such master planning be included in the City's General Plan; that once master planned, the
City may mandate cohabitation, eliminating the visual blight; expressed concern with the
setback of 300 feet, commenting on the close proximity of the proposed site to residential
homes; stated that the safety and efficacy of electromagnetic fields has not been totally
ascertained; and, therefore, relayed his opposition to granting the Conditional Use Permit and
that he would not support any future cellular tower until the completion of a master plan.
Councilman Washington echoed support of master planning such facilities.
Concurring with Ms. Stromberg's comment that a site or alternative site for a cellular tower
should be viewed as technically feasible, Mayor Pro Tem Comerchero echoed Mr. Stone's
comment with regard to the Council having previously requested the master planning of such
facilities. Mr. Comerchero suggested that staff explore the possibility of the City constructing
such poles on City-owned land and then invite the communications industry to locate to these
sites.
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Mayor Naggar suggested that a third party/non-partisan individual be involved in the alternative
site analysis; relayed his support of the appellant; and requested that information with regard to
the master planning of such facilities be forwarded to the City Council. .
MQ!!Q!':!: Councilman Washington moved to direct the City Attorney to prepare a resolution
approving the appeal and denying the application. Councilman Stone seconded the motion and
electronic vote reflected approval with the exception of Councilman Roberts who was absent.
MOTION: Mayor Naggar moved to direct staff to forward information to the City Council with
regard to master planning such facilities and the design of such a master plan. Councilman
Washington seconded the motion and electronic vote reflected approval with the exception of
Councilman Roberts who was ~.
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Weed Abatement Liens for FY 2003-04
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 04-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ORDERING CONFIRMATION OF THE SPECIAL
ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE
CITY OF TEMECULA FOR COSTS OF ABATEMENT AND
REMOVAL OF HAZARDOUS VEGETATION FOR THE FISCAL
YEAR 2003-2004
Principal Planner Brown presented the staff report (of record). For Mayor Pro Tem
Comerchero, Mr. Brown confirmed that the firms being used to perform the needed abatement
are charging competitive rates. In response to Councilman Washington, Mr. Brown advised that
the charged rate recuperates the associated cost as well as an administrative fee ($150 per
parcel) and that as a result of this fee, taxpayers are not subsidizing this effort.
There being no public input, the public hearing was closed.
MQ!!Q!':!: Councilman Stone moved to adopt Resolution No. 04-104. The motion was
seconded by Councilman Washington and voice vote reflected approval with the exception of
Councilman Roberts who was absent.
Responding to Mayor Pro Tem Comerchero, City Attorney Thorson advised that it would always
be within the property owners' best interest to complete the abatement on their own and that the
City does not derive a profit from the charged rates.
CITY MANAGER'S REPORT
No additional comment.
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CITY ATTORNEY'S REPORT
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City Attorney Thorson advised that there was no Closed Session.
ADJOURNMENT
At 8:47 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday,
October 26, 2004, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive,
Temecula, California.
ATTEST:
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