HomeMy WebLinkAbout052599 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
MAY 25, 1999
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 adjoum to Closed Session pursuant to Government Code Sections:
Conference with City Attorney and legal counsel pursuant to Govemment Code
Section 54956.9(a) with respect to two matters of exisUng liUgation involving the
City and/or the Agency. The following cases/claims will be discussed: (a) Blind
Pig Brewery and (b) Claims of Westside City I & II, LLP (Bill Dendy).
Conference with City Attomey and legal counsel pursuant to Govemment Code
Section 54956.9(b) and (c) with respect to one matter of potential litigation. With
respect to such matter, the City Attomey has determined that a point has been
reached where them is a significant exposure to litigation involving the City based
on existing facts and drcumstances and the City will decide whether to initiate
litigation.
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Conference with real property negotiator pursuant to Govemment Code Section
54956.8 concerning the acquisition of real property located at 43455 Business Park
Drive, Temecula. The negotiating perties am City of Temecula and Optical Disc
Media. Under negotiation am the pdca and terms of payment of the real property
interests proposed to be acquired. The City negotiators am Shawn Nelson and
James O'Gmdy.
The Open Session of the City Coundl meeting convened at 7:00 P.M.
ROLL CALL
Present:
Councilmembers: Comerchero, Lindemans, Stone, and Ford.
Absent
Councilmember: Roberts.
PRELUDE MUSIC
The prelude music was provided by Jared Reed.
INVOCATION
The invocation was given by Reverend Pat Campbell.
ALLEGIANCE
The audience was lad in the Flag salute by Mayor Pro Tem Stone.
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In light of their upcoming trip to Japan and in appreciaUon for the City Council's support of this trip,
the Temecul~ Valley High School Choir sang ltm National Anthem as well as the National Anthem
for Japan.
PRESENTATIONS/PROCLAMATIONS
Certificates of Achievement for obtaining Eagle Scout
Mayor Ford recognized the following individuals for attaining the Eagle Scout rank and Mayor
Pro Tern Stone presented each with a Certificate of Achievement:
Kevin McClintock
David Carreon
Jeff Santos
Mike Jenkins
Tim Jenkins
Matt Tonkins
Certificates of A~redation to Temecula Valley High School Choir
Thanking Choir Director Aamodt and each Choir Member for their performance and wishing each a
memorable trip to Japan, Certificates of Appreciation were presented to the following Choir Member:.
Brlana Schultz
Sebastian Roddguez
Tanner Palmer
Saweah Mayson
Reese Madison
Numair Khaled
Erica Hilberg
Janet Gorman
Ched Gorin
Sara Forgy
ValeHe Flynt
Brooke Faldmo
Faith Duitsman
Laura Divan
Julie Diehi
Lindsey Davis
Sarah Carlson
Jason Buack
Michelle Beaupain
Aracely Ambriz
Selena Tourtillotte
On behalf of the Choir, Director Aamodt thanked and expressed appredation to the Coundl for its
support.
National Mental Health Month Proclamation
Mayor Ford ~o prodaimed the month of May as National Mental Health Month and a prodamation
was accepted by Mr. Peter Moyes.
PUBLIC COMMENTS
Presenting in army of roe bouquets to the City Coundlmembers, Ms. Rebecca Weersing, 41775
Yorba Avenue, President of the Ternecula Valley Rose Society, expressed appreciation to the City
Council, staff, and the dtizens for the collective support of the Society's activities; advised that 8
Youth Garden is being created within the existing Rose Garden (Rose Haven); and invited the
Councilmembers and the public to the Annual Rose Show on Saturday, May 29,1999, at the
Community Recreation Center.
Presenting in offr,,ial Festival poster, Ms. Martha Minlder, representing the Arts Coundl of the
Temecuta Valley, thanked the Council for its continued support; referenced the various upcoming
activities; introduced Ms. Sherry Smith the designer of this year's and last yeats postor;, and
invited the Councilmembers and public to attend Arts in the Country (June 4 - 13, 1999).
In honor of the Veterans, Mr. Wayne Hall, 42131 Agena, invited the Coundlmembers end the
public to the Memodal Day Services on Monday, May 31, 1999, at the Temecula Cemetery.
By way of in overhead, Mr. Kenneth Ray, 31647 Pio Pico, and Ms. Jamie Jeffers, 31646 Pio
Pico, addressed their concem of retaining a four-way stop at Pio Pico versus the installation of a
traIT.: signel until Meadows Parkway has been connected and the Paseo del Sol traffic has been
diverted to SR 79.
Although the proposed traffic signal has gone to bid, Acting Public Works Director Hughes
advised that the project has not been awarded to which Mayor Pro Tern Stone requested that the
matter be magendized in order for the City Coundl to reendorse the validity of the traffic signal. It
was the consensus of the City Coundl to concur with Mayor Pro Tern Stone's recommendation.
CITY COUNCIL REPORTS
A. In Coundlman Roberrs' absence, Coundlman Comerchero advised that he had attended
the Budget Implementation Committee Meeting for RCTC, noting that the $111 million budget was
approved at that meeting. Mr. Comerchero commented on the gross inequity of RCTC's
appropriations of Measure A funds, advising that he will further address the issues with
Councilman Roberts.
B. In response to the Coundi's discussion several months ago, Coundlmin Comerchero
advised that a Wall of Honor will be constructed and located in the rotunda of the new museum
and that Committee discussions will ensue.
C. Considering this December will be the 10e Anniversary of the City of Temecula, Mayor Pro
Tem Stone requested that the Community Services Commission consider and review the planning
of a calebration.
D. Mayor Ford encouraged the Coundlmembers and the public to attend the upcoming
Memorial Day Services at the Temecule Cemetery.
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E. For the public, Mayor Ford advised that Coundlman Roberts will not be in attendance of
this evening's meeting in order to attend other City-related business.
F. Mayor Ford advised that Agenda Item No. 17 (Cox Communications) will be continued to the
June 8, 1999, City Council meeting.
SUBSEQUENT NEED IT]EM
City Amy Thorson advised that a request has come before the City Coundl to consider
housing ismjes at the Temecula Villas; noted that it would be appropriate for the City Council to
make a motion to declare a subsequent need in light of Ume limits with respect to determining
whether or not to provide assistance to the potentially displaced residents; and requested that
direction be given to staft after which the Item would be agendized for a future City Coundl
meeting for an official determination.
Because Mayor Pro Tern Stone's property is a considerable distance from the property of
discussion and because the Coundl is not considering the purchase or sale of the property, City
Attorney Thorson advised that Mayor Pro Tern Stone may pertidpate in the discussion and vote
relative to this Item.
MOTION: Councilman Lindemens moved to consider the Temecula Villas as a subsequent need
item. The motion was seconded by Councilman Comerchero and voice vote reflected approval
with the exception of Councilman Roberts who was absent.
CONSENTCALENDAR
I Standard Ordinance Adeotion 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 Apdl 13, 1999;
2.2 Approve the minutes of Apdl 20, 1999.
3
Resolution ADorovina Ust of Demands
RECOMMENDATION:
3.1 Adopt a resolution antitlecl:
RESOLUTION NO. 99-38
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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4
~Wimrd (;mr Construction C, ori'a~ for Maintenance Fadlib/- Second Floor Remodel Proiect -
Phase II
RECOMMENDATION:
4.1 Award a construction contract for the Second Floor Remodel Project - Phase II - to
Rasmussen Brain ~ in the amount of $70,700.00 and authorize the
Mayor to execute the Agreement;
4.2 Authorize the Acting City Manager to approve change orders not to exceed the
contingency amount of 10% of the contract amounL
5
6
Street Name Chanae from Ynaz Road to Ynez Court
RECOMMENDATION:
5.1 Adopt a resolution entitled:
RESOLUTION NO. 99-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA CHANGING THE STREET NAME IN PARCEL MAP
22714 YNEZ ROAD TO YNEZ COURT
This Item was pulled and considered for separate discussion; see page 8.
Aoreement for Desjan Services - Maintenance Facilib/Imorovements - Phase III
RECOMMENDATION:
6.1
Approve an Agreement between Davidson + Allen Architects and the City of
Temecula for architectural and structural design services for Maintenance Fadlity
Improvements - Phase III - in the amount of $,31,875.00;
6.2 Authorize the Mayor to execute the Agreement on behalf of the City of Temecula.
7
Purchase of two (2~ Public Works' Vehicles
RECOMMENDATION:
7.1 Approve the purchase of two (2) Dodge model year 2000, full-sized vehicles from
Norm Reeves Chrysler/Jeep/Dodge in the amount of $58,831.50.
8
Purchase of one (1~ Fire Department Rescue Squad Vehicle
RECOMMENDATION:
8.1 Approve the purchase of one (1) 1999 Fire Rescue Squad vehicle from Raceway Ford
in the amount of $49,125.00;
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10
8.2 Approve a transfer from Development Impact Fee Fire Mitigation in the amount of
$49,125.00.
Release 19~hOr and Materials ~ecurities for Public Improvements in Tract No, 24131-2
(locate~l southwesterly of MeadoWs Parkway at McCabe Ddve)
RECOMMENDATION:
9.1 Authorize release of the Labor and Materials Securities for the public improvements in
Tract No. 24131-2;
9.2 Direct the City Clerk to so notify the developer and the surety.
Accept Public Improvements in Tract No. 28309 (located on the south side of Nicolas Road
eastedv of North General Keamv Road)
RECOMMENDATION:
10.1 Accept the public improvements including subdivision monumentation in Tract No.
28309;
10.2
Authorize reduction in the Faithful Perforrnanca security amount to the 10% warranty
level, initiation of the one-year warranty pealed, and release of the subdivision
monumentation security;
10.3 Direct the City Clerk to so advise the developer and surety.
11
Acceotance of Public Streets into the Citv-Maintsined Street Svstem within Tract No. 28309
(located on the south side of Nicolas Road eastedv of North General Keamv Road)
RECOMMENDATION:
11.1 Adopt a resolution entitled:
RESOLUTION NO, 99-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO
THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NO,
28309)
12
Tract MaD No. 23101-5 (located south of La Serena Way, east of Meadows Parkway, west
of Butterfield Stage Road. and north of Rancho California Road in the Maroadta Viilane
Specific Plan No. 199
RECOMMENDATION:
12.1 Approve Tract Map No. 23101-5 in conformance with the Conditions of Approval;
12.2 Approve the Subdivision Improvement Agreement;
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12.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance
Bond, Labor sad Material Bond and Monument Bond as security for the agreements.
13
Tract M~ No. ~3100-6 (located sc~uth of La Serena Way. eest of Meadows Parkway. west
of R, ttterfield Stane Road. sad nCrlh of Rancho California Road in Maroadta Viiiape Specific
Plan No. 199
RECOMMENDATION:
13.1 Approve Tract Map No. 23100-6 in conformance with the Conditions of Approval;
13.2 Approve the Subdivision Improvement Agreement;
13.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance
Bond, Labor sad Material Bond sad Monument Bond as secudty for the agreements.
14 Parcel Map No. 29060 (located north of Rancho Califomia Road and west of Humber Ddve}
RECOMMENDATION:
14.1 Approve Parcel Map No. 29060 in conformance with the Conditions of Approval;
14.2 Approve the Subdivision Improvement Agreement;
14.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance
Bond, Labor sad Matedal Bond sad Monument Bond as security for the agreements.
15
Professional Geotechnical Services Aareement - Pala Road Bddge Improvement Project-
Project No. PW97-15
RECOMMENDATION:
15.1
Approve a Professional Geotechnical Services Agreement with Kleinfelder, Inc. for
materials testing sad inspection for Pala Road Bridge - Project No. PVV97-15 - in the
amount of $78,758.00 and authorize the Mayor to execute the agreement;
15.2 Authorize the City Manager to approve change orders not to exceed the contingency
amount of $7,875.80, which is equal to 10% of the agreement amount.
16 Authorization to Solicit Public Construction Bids for Old Town First Street Bddc~e over
Murrieta Creek- Proiect No. PW95-08
RECOMMENDATION:
16.1 Authorize the Public Works Department to solicit construction bids for the Old Town
First Street Bridge and related madway improvements - Project No. PVV95-08.
Mayor Pro Tem Stone abstained with regard to this Item.
Mayor Pro Tem Stone extended appreciation to staff for expediting the purchase of one Fire
Department Rescue Squad Vehicle.
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MOTION: Counciiman Comerchero moved to approve Consent Calendar Item Nos. 1-4 and 8-15
(Item No. 5 was pulled for separate discussion). The motion was seconded by Mayor Pro Tern Stone
and voice vote reflcted approval with the exception of Coundlrnan Roberts who was absent and
Mayor Pro Tem Stone who abstained with regard to Item No. 16 (Old Town First Street Bridge).
CONSENT CALENDAR ITEM CONSIDERED UNDER SEPARATE DISCUSSION
5 Street Name Channe from Ynez Road to Ynez Court
RECOMMENDATION:
5.1 Adopt a resolution enUUed:
RESOLUTION NO. 99-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA CHANGING THE .STREET NAME IN PARCEL MAP
22714 YNEZ ROAD TO YNEZ COURT
By way of overheads, Chief Building Official Elmo clarified the recommendation; reviewed the
staff report (of record); noted that the proposed street name change was intended to eliminate
confusion for emergency response; advised that parcels I - 12 will be included in this street name
chenge; and informed the Councilmernbers that the associated lot owners and existing
businesses expressed no concem with regard to this recommendation.
At 8:05 P.M., the City Council convened as the Ternecula Community Services District and the
Temecula Redeveloprnent Agency. At 9:11 P.M., the City Council resumed with regularly scheduled
City Coundl business.
PUBLIC HEARING
17
AODeal of the Plannir~ Cornmission's ADoroyal of Plennina Application No. PA98-0219
(Conditional Use Permit) - Cox Communications Wireless Personal Cornrnunications
System (PCS} with antennas mounted atop a 60-foot hioh monopole disQuised as an
evergreen Dine tree (monoDine) at the Rancho Califomia Water Distdct water tank site at
3100 Rancho California Road
RECOMMENDATION:
17.1 Adopt the Notice of Exemption for Planning Application No. PA98-0219;
17.2 Adopt a resolution enUtlecl:
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RESOLUTION NO. 99-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING' PLANNING APPLICATION NO. PA98-
0219 (CONDITIONAL USE PERMIT-APPEAL), UPHOLDING THE
PLANNING COMMISSION'S DECISION TO APPROVE
PLANNING APPLICATION NO. PA98-O219 (CONDITIONAL USE
PERMIT) TO CONSTRUCT A WIRELESS PERSONAL
COMMUNICATIONS SYSTEM (PCS) FACILITY CONSISTING OF
TWELVE (12) PANEL ANTENNAS, ONE (1) GLOBAL
POSITIONING SYSTEM (GPS) ANTENNA, AND S IX (6)
CABINETS HOUSING A BASE TRANSCEIVER STATION (BTS)
UNIT AND OTHER ELECTRONIC AND BATTERY EQUIPMENT.
THE ANTENNAS WILL BE MOUNTED ATOP A 60-FOOT HIGH
MONOPOLE DISGUISED AS AN EVERGREEN PINE TREE
(MONOPINE) LOCATED AT THE RANCHO CALIFORNIA WATER
DISTRICT WATER TANK SITE AT 3100 RANCHO CALIFORNIA
ROAD, AND KNOWN AS ASSESSOR'S PARCEL NO. 953-O60-
022
MOTION: Mayor Pro Tem Stone moved to continue this public hearing to the June 8, 1999, City
Council meeting. The motion was seconded by Coundlman Lindernans and voice vote reflected
approval with the exception of Coundlman Roberrs who abstained.
COUNCIL BUSINESS
18 Old Town Local Review Board Appointment
RECOMMENDATION:
18.1 Appoint two members and one altemate to serve full terms on the Old Town Local
Review Board.
Mayor Pro Tern Stone noted that he would be abstaining with regard to this Item.
City Clerk Jones presented the staff report (of record) after which the following motion was
offered:
MOTION: Coundlman Lindemans moved to reappoint Mr. Walt Allen and to appoint Mr. Cad
Ross and Mr. Otto Baron as an altemate. The motion was seconded by Coundlman Comerchero
and voice vote reflected approval with the exception of Councilman Roberts who was absent and
Mayor Pro Tern Stone who abstained.
19 City Coundl Chambers Pojicv
RECOMMENDATION:
19.1 Provide direction for the use of the City Coundl Chambers.
Community Services Director Parker reviewed the staff report (as per agenda material); requested
City Coundl direction; and advised that this item would be reagendized for the June 22, 1999, City
Coundi meeting.
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Cotmcilrnan Lindemans noted that, in his opinion, the Chamber should not be utilized by anyone
wishing to announce his or her candidacy and that govemmental uses, as described in the staff
report, should be permitted.
Coundlman Conterchero suggested that the usage of the Chamber for non-profit organizations
should be ~ to whether or not them may be a need for live broadcast and requested that no
usage of the Chamber be permitted unUI an official policy has bean adopted.
Considering the City Hall building was paid for by the dtizans of this City, Mayor Pm Tern Stone
was of the op'rdon that an incumbent Councilmember should be permitted to announce his or her
candidacy as long as associated fees am paid by the incumbent. With regard to non-profit
organizations, including the Temecula Valley School District, Mr. Stone was of the opinion that
these organizations should be permitted to utilize the fadlity as long as there is no conflict with a
governmental meeting.
Councilman Lindernans noted that the School District should be appdsed and permitted to utilize
City Council Chambers for its monthly meeUngs.
Clarifying the Council's intent, City Attomey Thorson stated that the Council may allow
govemmantal groups and non-profit community and governmental groups.
MOTION: Councilman Comerchero moved to direct staff to formulate a City Council Chamber
Policy permitting Chamber usage to govemmental groups and community non-profit groups and
that no Chamber usage be permitted until a policy has been adopted. The motion was seconded
by Councilman Lindemans. (Councilman Lindemans withdraw his second to this motion;
see below).
Following additional discussion, Councilman Undemans withdrew his second to the above-
mentioned motion after which Coundlman Comerchero restated his motion.
MOTION: Coundlman Comerchero moved'to direct staff to formulate a City Coundl Chamber
Policy permiffing Chamber usage to governmental and community non-profit groups and that no
Chamber usage should be permitted until the adoption Of a policy. The motion was seconded by
Mayor Ford and voice vote reflected approval with the excemion of Coundlman Lindemans who
abstained and Coundlman Roberts who was absent.
20
Sidewalk Project- Nicolas Road
(Requested by Councilman Stone)
RECOMMENDATION:
20.1 Oralreport.
Advising of the existing approved Tantative Map which has been condiUoned to provide the
sidewalk at the time of development, Acting Public Works Director Hughas advised that because
no developmant activity has bean proposed, the matter has bean included in the Capital
Improvement Project; thatstaff has applied for AB 821 funding; and that a reimbursement
agreemant is being discussed with the City Attomey..
Mayor Pro Tem Stone miterated previously made Coundl comments with regard to a
reimbursement agreement and requested that staff pursue the matter with the associated property
owners.
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SUBSEQUENT NEEDITEM
(Previously lpproved for discussion; see page 4).
21 Temec-L~ Villa
Housing Reclevelopment Manager Meyer presented an overview of the item, advising that
Temecuta V'dlas had a 20-yeer contra~ with the Federal Department of Housing and Urban
Development to provide 48 affordable units; that this contract will expire on June 21, 1999; and
that to date, there are seven individuals who have not secured housing after the contract expires.
Having analyzed the impacted individuals' situation, Mr. Meyer advised that it would be staff's
recommendation to relocate Ihese individuals to Rancho West but noted that there may or may
not be units available to accommodate these individuals by the time the contract expires. Further
addressing possible opUons for these residents, Mr. Meyer suggested that a formal funding
package be agendized and considered by the Council at the June 8,1999, City Council meeting.
City Council discussion ensued during which possible options were considered with Mayor Pro
Tern Stone suggesting that it be determined whether affordable housing may be available on a
temporary basis in neighboring cities.
Mr. Meyer noted that no other HUD contracts will be expidng until the year 2004.
Acting City Meneger Nelson noted that this matter may further be addressed at the June 10,
1999, CIP Workshop.
MOTION: Coundlman Comerchero moved to direct staft to formulate a policy for the June 8,
1999, City Coundl meeting, which would provide emergency grant monies to subsidize the
residents who will be displaced from Ternecula Villas until availability at Mission Village. The
motion was seconded by Mayor Pro Tem Stone and voice vote reflected approval with the
exception of Coundlman Roberts who was absent.
DEPARTMENTAL REPORTS
No additional comments.
CITY MANAGER'S REPORT
In light of ongoing construction due to the Ovedand Overcrossing Project, Acting Public Works
Director Hughes advised of upcoming freeway closures (June 7 -11, 1999) and bdefly
commented on altemate routes.
Acting City Manager Nelson reiterated the City's goal to complete the Overcrossing Project prior
to the opening of the Mall and commended the Public Works Department on a job wall done with
regard to expediting this project as well as the Duck Pond project.
Mr. Nelson commended the Finance Department on the receipt of another Award of Excellence,
noting that a formal presentation would be made at the June 8, 1999, City Coundl meeting.
CITY ATTORNEY'S REPORT
City Attorney Thorson noted that there was no reportable action. W't~h regard to the three
litigation items, Mr. Thorson advised that the Agency provided direction and that the real property
item will be considered for approval by the City Council in Open Session.
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ADJOURNMI~NT
At 9:50 P.M. , Mayor Ford formally adjourned the City Council meeting to Tuesday, June 8, 1999,
7:00 P.M., City ~ Cttambers, 43200 Business Park Drive, Temecula Califomia.
Ste_~een ~ayor
ATTEST:
[SEAL]
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