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HomeMy WebLinkAbout060899 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JUNE 8, 1999 CLOSED SESSION A meeting of the City of Temecula City Council was called to order at 6:30 P.M. It was duly moved and seconded to adjoum to Closed Session pursuant to Government Code Sections: Discussion of candidates for position of City Manager pursuant to Govemment Code Section 54957. The Open Session of the City Council meeting convened at 7:00 P.M. ROLL CALL Present: Absent: Councilmembers: Councilmember: Comerchero, Lindemans, Roberts, Stone, and Ford. None. PRELUDE MUSIC The prelude music was provided by Vivian Tang. INVOCATION The invocation was given by Pastor Gerald Shaw of New Covenant Fellowship Center. ALLEGIANCE The audience was led in the Flag salute by Councilman Roberts. PRESENTATIONS/PROCLAMATIONS Certificates of Appreciation to Old Town Local Review Board Member Nielsen and Planning Commission Soltvsiak Although Mr. Soltysiak was unable to attend, Certificates of Appreciation were presented to both individuals with Mr. Nielsen being in attendance to accept. Presentation of the Certificate of Achievement for Excellence in Financial Reporting by Govemment Finance Officers AssoCiation (GFOA) Acting City Manager Nelson commended the Finance Department and presented the award to Finance Director Roberts. Senior Management Analyst Kuhns shared her unforgettable experience of traveling to Sister City Nakayama with the Temecula Valley High School Choir and presented the City Council with gifts from the Sister City as well as the Choir. R:MVlinutes~060899 PUBLIC COMMENTS Mr. Chris Wiiliams, P.O. Box, 571, relayed his concern with law enforcement issues he has encountered in the City. CITY COUNCIL REPORTS A., Having attended a recent Amedcan Public Transit Assodation (APTA) conference in Toronto, Coundlman Roberts, by way of slides, commented on prototype buses, need for additionel public transportation, clustering, and the benefits dedved from attending such an informative conference. B. Commenting on the additional 60 transit buses that will be provided to the Hemet station, Councilman Undemans reiterated the need for additional public transportation. C. Advising that he and Councilman Roberts are serving on the Temecula Valley Museum Design Committee, Coundlman Comerchero noted that the Committee is in full support of the final Museum design as presented by the consultant and that the design will be presented to the Community Services Commission after which it will be presented to the City Coundl for final review and approval. D. Mayor Ford echoed previously made comments relative to the exploration of alternative public transportation choices and commented on the potential transfer of the Riverside County Habitat Conservation Agency to the Western Riverside County of Government. E. Mayor Ford appdsed the Public/Traffic Safety Commission of a concem relative to those vehicles traveling northbound on Ynez Road and a potential left-tum conflict with those vehicles traveling on Tierra Vista. Mr. Ford as well commented on some potential confusion with the restriping at Front Street, Santiago Road, and Sixth Street and requested staff to explore the matter. CONSENTCALENDAR 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 ADDrOvinG List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 99-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A R:%Minutes%D60899 2 3 City Treasurer's Report as of A[~dl 30. 1999 RECOMMENDATION: 3.1 Receive and file the City Treasurer's Report as of April 30, 1999. 4 Financial Statements for the Nine Months ended March 31. 1999 RECOMMENDATION: 4.1 Receive and file the Financial Statements for the nine months ended March 31, 1999. 5 Contract Extension and Auomentation for the Professional Services Aoreement to oreDare the Update of the Circulation Element RECOMMENDATION: 5.1 Approve Contract Amendment No. 1 with Wilbur Smith Associates extending the performance pedod to December 31, 1999, and increasing the contract amount by $11,650.00. 6 7 ReQuest to desionate certain property as No Skateboardin¢3. RollerbladinQ. or similar Activity Area RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 99-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING PRIVATE PROPERTY AT 29645 RANCHO CALIFORNIA ROAD A NO SKATEBOARDING, ROLLERBLADING, OR SIMILAR ACTIVITY AREA PURSUANT CHAPTER 10.36 OF THE TEMECULA MUNICIPAL CODE Acceptance of Irrevocable Offer of Dedication for recordation purposes for Grant of Easement for Solana Ridge Apartment - Planning Application No. 96-0270 (located at the northeast comer of Mamadta Road and Solana Way) RECOMMENDATION: 7.1 Adopt a resolution entitled: R:~tnutes~060899 3 7.2 RESOLUTION NO. 99-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF EASEMENT FOR RECORDATION PURPOSES FOR A BUS TURNOUT FOR THE SOLANA RIDGE APARTMENTS PROJECT (PA96-0270) BUT NOT ACCEPTING THESE EASEMENTS AT THIS TIME Auliodze and direct the City Clerk to record the documents approved by lie resolution. 8 Quitclaim Public Utility Easements over Solana Ridae Development in portion of Parcel Map No. 20278 (located at lie northeast comer of Mar.aarita Road at Solana Way) RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 99-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING QUITCLAIM OF CERTAIN PUBLIC UTILITY EASEMENTS TO THE UNDERLYING FEE OWNERS IN PARCEL MAP NO. 20278 9 Extension of Time for Tract Map No. 25892 (located on the south side of Pauba Road between Ynez Road and Mamadta Road) RECOMMENDATION: 9.1 9.2 Authorize extension of time for Completion of Work for Tract Map No. 25892; Direct the City Clerk to so advise lie developer and surety. 10 Release Traffic Si.~nalization Mitic~ation security for TraCt Map No. 21067 (located northwesterly of lie intersection of Pala Road at Loma Linda Road) RECOMMENDATION: 10.1 Authorize release of the Traffic Signalization Mitigation security for Tract Map No. 21067; 10.2 Direct the City Clerk to so advise the developer and surety. R:~4inutes~)60899 11 Reimbursement Aareement with Rancho Califomia Water District Pala Road BridGe - Project No. PW97-15 RECOMMENDATION: 11.1 Approve the reimbursement agreement with Rancho Califomia Water District (RCWD) for the cost to install/relocate certain water improvements in conjunction with the construction of the Pala Road Bddge - Project No. PW97-15 - and authorize the Mayor to execute the agreement 12 Purchase of Traffic Sic~nal Poles and Controller Assembly for Traffic SiGnal installation at Maroadta Road/Pauba Road - Project No. PW98-13 RECOMMENDATION: 12.1 Approve the purchase of traffic signal poles and controller assembly from McCain Traffic Supply in the amount of $25,317.60 for the traffic signal installation on Margadta Road at Pauba Road - Project No. PW98-13. 13 Award of Construction Contract Street Sealing Project FY98-99 - Project No. PW99-04 RECOMMENDATION: 13.1 Award a contract for the Street Sealing Project FY 98-99 - Project No. PW99-04 - to Amedcan Asphalt Repair & Resurfacing Co.. Inc. for $247,139.70 and authorize the Mayor to execute the contract; 13.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $24,713.97 which is equal to 10% of the contract amount. 14 Winchester Road at 1-15 Off-Ramp Widening - Proiect No. PW97-03- Increase Construction ContinQencv RECOMMENDATION: 14.1 Authorize the Acting City Manager to approve Contract Change Orders (CCO) with Riverside Construction Company for the Winchester Road at 1-15 Off-Ramp widening - Project No. PW97-03 - in an additional amount of $19,194.18 above the previously approved contingency. Coundlman Roberts, echoed by his fellow Councilmembers, extended appreciation to Public Works Director Hughes for the briefing he provided with regard to this change order. 15 Authorize Temporary Street Closures for 1999 the History Channel Great Race Lunch Stop at the Sixth Street Parkin.a Lot in Old Town (Old Town Front Street-First Street to north of Sixth Street. Sixth Street. Main Street) RECOMMENDATION: 15.1 Adopt a resolution entitled: R:~linutes~060899 RESOLUTION NO. 9945 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR 1999 HISTORY CHANNEL GREAT RACE LUNCH STOP EVENT ON JUNE 19, 1999, AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THIS SPECIFIC SPECIAL EVENT (PORTIONS OF OLD TOWN FRONT STREET, MAIN STREET, AND SIXTH STREET) Mayor Pro Tem Stone noted that he would be abstaining with regard to this issue. 16 Tract MaD No. 24185-2 (located south of Jerez Lane. east of Sunny Meadows Ddve, west of Butterfield Sta{3e Road. and north of State HiQhwav 79 South and within Paloma Del Sol Specific Plan No. 219) RECOMMENDATION: 16.1 Approve Tract Map No. 24185-2 in conformance with the Conditions of Approval; 16.2 Approve the Subdivision Improvement Agreement; 16.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Matedal Bond and Monument Bond as secudty for the agreements. 17 Tract MaD No, 24188-1 (located south of Pauba Road. east of Sunny Meadows Ddve. west of Butterfield Sta{3e Road. and north of State Highway 79 South and within Paloma Del Sol Specific Plan No. 219 RECOMMENDATION: 17.1 Approve Tract Map No. 24188-1 in conformance with the Conditions of Approval; 17.2 Approve the Subdivision Improvement Agreement; 17.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Matedal Bond and Monument Bond as secudty for the agreements. 18 Tract Map No. 24185 (located south of Jerez Lane. east of Sunny Meadows Drive. west of Butterfield Sta~e Road. and north of State Hi.clhway 79 South and within Paloma Del Sol Specific Plan No. 219 RECOMMENDATION: 18.1 Approve Tract Map No. 24185 in conformance with the Conditions of Approval; 18.2 Approve the Subdivision Improvement Agreement; 18.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. R:'~linutes~O608gg At 7:35 P.M., the City Council convened as the Temecula Community Services Distric~ and the Temecula Redevelopment Agency. At 8:00 P.M., the City Council resumed with regularly scheduled City Council business. PUBLIC HEARING 19 Appeal of the Plannina Commission's Approval of Plannin(~ ADplicetion No. PA98-0219 (Conditional Use Permit} - Cock Communications Wireless Personal Communications System (PCS} with antennas mounted atop a 60-foot hiah monoDole disauised as an everc~reen Dine tree (monopinel at the Rancho California Water Distdct water tank site at 3100 Rancho California Road RECOMMENDATION: 19.1 Adopt the Notice of Exemption for Planning Application No. PA98-0219; 19.2 Adopt a resolution entitled: RESOLUTION NO. 99-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA98- 0219 (CONDITIONAL USE PERMIT-APPEAL), UPHOLDING THE PLANNING COM MISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. PA98-0219 (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. 953-060- 022 Deputy City Manager Thomhill reviewed the staff report (as per agenda material), advising that a recently completed study concluded that due to topography, distance between antennas, etc., severe limitations exist as to a viable location which, therefore, validates the proposed location. Mr. Rick Stevens, consultant who completed the study, advised that all potentially feasible sites were explored as to the viability of constructing the pole. Mr. Stevens briefly referenced other sites which were explored but due to limitation were not feasible. In response to Mayor Pro Tem Stone, Assistant City Attomey Cudey advised that one of the purposes of the Telecommunications Act is to prohibit monopolization of a market place and noted that one could make a substantive argument in court if the City Council were to impose a moretodum of such utilities pdor to the adoption of this use. R:%Minutes%060899 Having previously researched the feasibility of potential sites, Mr. Greg Morrison, 3403 10th Street, Riverside, applicant, concurred with the conclusions noted in the consultant's study; reiterated that the construction of this pole would enhance public safety; and supported the imposed condiUons of approval relative to creating a visually pleasing site. In response to Councilman Comerchero, Mr. Mordson relayed concurrence with constructing a pole which would permit collocation of another facility (10' vertical separation between two carriers) in order to minimize the number of structures, noting that such construction would create a pole 10' higher. Mr. Morrison advised that the existing Pacific Bell pole is not conditioned for collocation and that a new pole would have to be erected, noting that Cox Communications does not sublease its pole to other carTiers. As to proposed landscaping, Mr. Mordson advised that six 48' box (16' to 20') trees will be planted along the north and south sides. Reiterating a previously noted concam with regard to conflict of interest, Mr. Frank DiGiacomo, 32032 Merlot Crest, requested that this matter be readdressed by the Planning Commission and questioned the reason for the City paying for the completed study. Mr. Shawn Biede, 32016 Meriot Crest, thanked the City Council and Mr. Mordson on their due diligence with regard to this issue; requested that a moratorium be imposed at this point in time and that rezoning be considered; and advised that he does not oppose the communication system but that he does oppose the proposed location of it. For Mr. Biede, additional clarification was provided with regard to other sites which were explored and the reasons for why they were not feasible locations. Considering the potential proliferation of these sites, Councilman Lindemans relayed his opposition to this request and concurred with Councilman Roberts' suggestion to explore a moratorium. Although supporting the concept of a moratorium, Councilman Comerchero commented on the potential legal ramifications if the Council were to impose a moratorium prior to the approval of this request; therefore, Mr. Comerchero supported the concept of collocation, constructing a 60' pole for two carriers, and recommended the imposition of two additional conditions of approval - that a two-year maintenance review pedod of the pole be imposed to ensure proper aesthetic appearenca and that in the event technology were to change and the existing pole were no longer necessary, the applicant be required to remove, at the applicant's expense, the constructed pole. Addressing Mr. DiGiacomo's comment, Mayor Pro Tem Stone noted that the City paid for the completion of such a study to ensure all feasible locations were explored; stated that the proposed landscaping for the proposed pole will as well disguise the existing water tank and pole; noted that the applicant has proceeded and abided by the application process as required by law; and advised that the Public Utilities Commission could approve this site without any special conditions of approval. Concemed with the potential proliferetion of such sites, Mayor Ford spoke in support of a moratorium prior to the approval of this particular pole to which Assistant City Attomey Curley provided informed with regard to such moratorium and the potential of an appeal to the Public Utilities Commission and State/Federal Court. Mayor Ford relayed his support of collocation. MOTION: Councilman Comerchero moved to approve the proposed request contingent on Padtic Bell (existing pole) agreeing to collocate on one 60' pole with Cox Communications with the addition of two conditions - that a two-year maintenance review pedod of the pole be imposed to ensure proper aesthetic appearance and that in the event technology were to change and the R:%Minutes%060899 existing pole were no longer necessary, the applicant be required to remove, at the applicant's expense, the constructed pole. (This motion died for the lack of a second.) Assistant City Attorney Cudey relayed some concern as to conditioning this approval on the consant of a third party. Following additional discussion with regard to constructing a pole suitable for collocation, Mr. Mordson reiterated the applicant's concurrence with such construction. MOTION: Councilman Comerchero moved to uphold the Planning Commission's approval of Planning Application No. PA98-0129 (Cox Communications) with the following conditions: · That one 60' pole be erected and prepared for collocation of another facility; · That City staff discuss with Pacific Bell and the Water Disb'ict the feasibility of collocating the existing Pacific Bell facilities onto a 60' pole (Cox Communications) and that the existing Pacific Bell tower be removed; · That a two-year maintenance review period of the pole be imposed to ensure proper aesthetic appearance; · That in the event technology were to change and the existing pole were no longer necessary, the applicant be required to remove, at the applicant's expense, the pole. The motion was seconded by Mayor Pro Tem Stone and voice vote reflected approval with the exception of Councilman Lindemans and Mayor Ford who voted n_9. Mayor Ford noted that Pacific Bell may not want to collocate with Cox Communications which would then result in two poles at this particular site. MOTION: Councilman Lindemans moved to institute an immediate moratorium prior to the construction of a second pole at this particular site. (This motion died for lack of a second.) MOTION: Councilman Lindemans moved to immediately place a moratorium on future sites. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Mayor Pro Tern Stone who voted 990. Prior to voting on such a motion, Mayor Pro Tem Stone noted that he would be desirous of obtaining additional information from staff. At 9:13 P.M., Mayor Ford called a recess and reconvened the meeting at 9:23 P.M. COUNCIL BUSINESS 20 PlanninQ Commission Appointment RECOMMENDATION: 20.1 Appoint one applicant to serve a full term that will expire June 4, 2002. City Clerk Jones presented the staff report (of record), noting that City Council appointments must be made by a 4/5-majority vote. Following Council discussion as to the many qualified candidates, their length of residency in the City, etc., Councilman Lindemans offered the following motion: R:M~inutes%060899 MOTION: Councilman Lindemans moved to appoint Mr. John Telesio. The motion was seconded by Mayor Pro Tern Stone but failed due to the lack of a 4/5-majority vote as follows: AYES: Councilmembers Lindemans, Roberts, and Stone. NOES: Counciimembers Comerchero and Ford. In light of all the qualified candidates, Coundlman Comerchero, echoed by Coundlmembers Ford and Roberts, relayed his reluctancy to remove a Public/Traffic and Safety Commissioner, such as Mr. Telesio, from the Commission, viewing such action as potentially detrimental considering the Commission's involvement in on-going and upcoming improvements. MOTION: Councilman Comerchero moved to appoint Mr. Rod Dunfield. The motion was seconded by Mayor Ford but failed due to the lack of a 4/5-majority vote as follows: AYES: Councilmembers Comerchero and Ford. NOES: Councilmembers Lindemans, Stone, and Roberts. MOTION: Mayor Pro Tem Stone moved to appoint Mr. David Mathewson. The motion was seconded by Councilman Comerchero and roll cell vote reflected unanimous approval. 21 Award a Professional Services Agreement to Cotton/Beland/Associates to ~:~erform services to update the City of Temecula's Housing Element- Planning ADplicetion No. PA99-0186~ RECOMMENDATION: 21.1 Award a Professional Services Agreement in the amount of $27,250.00 to Cotton/Beland/Associates, Inc. to perform services to update the City of Temecula's Housing Element and authorize the Mayor to execute the agreement. Deputy City Manager Thomhill presented the staff report (as per agenda material) and the following motion was offered: MOTION: Coundlman Lindemans moved to approve the staff reporL The motion was seconded by Mayor Pro Tern Stone and voice vote reflected unanimous approval. 22 Approval of Ballot Questions for Redhawk and Vail Ranch Annexation - Introduction of Ordinance Imoosina Special Tax RECOMMENDATION: 22.1 Approve the form of the ballot questions; 22,2 Direct staff to prepare election resolutions in connection with the proposed annexation of the Redhawk and Vail Ranch communities; 22.3 Introduce and read by title only an ordinance entitled: R:MVlinutes~060899 10 ORDINANCE NO. 99-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, LEVYING A SPECIAL TAX TO FINANCE THE OPERATION, MAINTENANCE, AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACIUTIES, RECREATIONAL AND COMMUNITY SERVICES PROGRAMS, MEDIAN LANDSCAPING, ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS WITHIN THE TERRITORY ANNEXED TO THE CITY OF TEMECULA AS PART OF THE REORGANIZATION DESIGNATED AS LAFCO NO. 98-14-1 (REDHAWK AND VAIL RANCH) Mayor Ford noted that he would be abstaining with regard to this issue. Deputy City Manager Thornhill presented the staff report (of record), advising that the Redhawk and Vail Ranch will be voting separately on the annexation and that a 2/3-voter approval will be required. MOTION: Councilman Lindemans moved to approve the staff recommendation. The motion was seconded by Councilman Roberts and voice vote reflected approval with the exception of Mayor Ford who abstained. For Mr. Elton Ward, 54322 Callesito Burgos, it was clarified that level of service (refuse) provided to the potentially annexed areas would be equivalent to those currently provided to the City at the same rate and that annexation would be effective as of July 1, 2000. 23 Temecula Villas Apartments RECOMMENDATION: 23.1 Direct staff to facilitate a second meeting with the Housing Authority to ensure that all affected tenants are familiar with vadous housing and relocation opportunities; 23.2 Direct staff to continue to monitor the situation. Housing Redevelopment Director Meyer reviewed the staff report (as per agenda material), commenting on efforts undertaken to assist the potentially impacted tenants, MOTION: Councilman Lindemans moved to approve staff recommendation. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. CITY MANAGER'S REPORT In order to complete the wostem section of the Overland Overcrossing, Acting City Manager Nelson appdsed the Coundlmembers and the viewing public of freeway rerouting this evening and potentially the following two to three evenings, noting that the contractor is on schedule with this particular project. R:~linutes~060899 11 CITY ATTORNEY'S REPORT Assistant City Attorney Cudey advised that there are no reportable actions from the Closed Session. ADJOURNMENT At 9:57 P.M., Mayor Ford formally adjoumed the City Council meeting to Tuesday, June 22, 1999, 7:00 P.M., City Council Chambers, 43200 Business Park Ddve, Temecula California. St't~en ~ayor ATTEST: S.usan ~A. Jones, [SEAL] R:M~Ainutes%060899 12