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HomeMy WebLinkAbout072799 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JULY 27, 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 Govemment Code Sections: 54956.8 concerning the acquisition of real property at 28496 Pujol Street (APN 922-053- 005). The negotiating parties are the City of Temecula/Redevelopment Agency Conference with real property negotiator pursuant to Govemrnent Code Section of the City of Temecula and Viefhaus and Barker. Under negotiation are the pdce and terms of payment of the real property interests proposed to be acquired. The City/Agency negotiators are Shawn Nelson, Jim O'Grady, and John Meyer. Conference with City Attomey and legal counsel pursuant to Government Cod3 54956.9(a) with respect to one matter of existing litigation involving the City and/or the Agency. The following case/claim will be discussed: (a) Blind Pig Brewery. Conference with real property negotiator pursuant to Govemment Code Section 54956.8 concerning the acquisition of real property located at 28410 Front Street (APN 922-023- 019 and APN 921-070-006). The negotiating parties are the City of Temecula/Redevelopment Agency of the City of Temecula and Richard G. Gabdel and Madlyn F. Gabriel; Trustees of the Gabdel Family Trust; James N. Senechal; Trustee of the James N. Senechal Declaration of Trust; David L. Phares and Susie G. Phares; Thomas H. Maxwell and Janice M. Maxwell; and Wayne F, Whitehurst. 4. Discussion of candidates for position of City Manager to Government Code Section 54957. The Open Session of the City Council meeting convened at 7:00 P.M. Present: Councilmembers: Comerchero, Lindemans, Roberts, Stone, and Ford. Absent: Councilmember: None. PRELUDE MUSIC The prelude music was provided by Katie Welsh. INVOCATION The invocation was given by Pastor John Chambers of Grace Presbyterian. ALLEGIANCE The audience was led in the Flag salute by Councilman Comerchero. R:~Agenda\072799 1 Prelude Music: Katie Welsh Invocation: Pastor John Chambers of Grace Prasbytedan Flag Salute: Coundlman Comerchero ROLL CALL: Comerchero, Lindemans, Roberts, Stone, Ford PRESENTATIONS/PROCLAMATIONS International Year of Older Persons in Temecula Proclamation Mayor Ford proclaimed 1999 as the Intemational Year of Older Persons in Ternecula and the proclamation was accepted by Ms. Linda Cole. Juvenile Offender Law Enforcement Team (JOLT) Presentation Bde~y highlighting the item, Police Sergeant AIm introduced Deputy Potter and Officer Gardella who further elaborated on the successful results of this program, referencing the following: · Temecula Valley Unified School Distdct Canine Suppression Program · Truancy Abatement Program · Temecula Valley Youth Coud · High Impact Rehabilitation Tour- H.I.R.T. PUBLIC COMMENTS Mr. Kirk McKenney, P.O. Box 390816, appdsed the City Coundl of a problem he has encountered with a contractor owing him money and advised the Coundl that this contractor has done work for the City. After further investigation, Mr. McKenney noted that it was determined that Mayor Ford is a member of this company and, therefore, requested the Mayors assistance and questioned why the City would have a contractor, who does not pay his subcontractors, work for the City. Responding to Mr. McKenney's comments, Mayor Ford advised that he has never bean nor is he currently an owner/member of this company. Mr. Ford noted that City Attorney Thorson has been requested to further research the matter and stated that the City Attorney is in receipt of a letter from the company's attorney, noting that he has never nor currently is an owner/member of this company. Advising that he is the owner of the company that Mr. McKenney is referendng, Mr. Alan Shaw, 30655 DePortola, confirmed that Mayor Ford has never nor currently is an owner/member of this company, advising that Mr. Ford's name was inadvertently placed on some legal papers and that the necessary correction to remove his name has been made. Councilman Lindemans requested that the City Attomey be directed to further research the matter and to repod any findings at a future City Coundl meeting. Councilman Roberts requested that the Attorney's research include the weed abatement service. Ms. Jennifer Slaughter, Ms. Chdstine Scott, and Ms. Wendy Bennett, members of the Chaparral Stadium Committee, expressed appreciation to the City Coundl for its generous donation in order R:~AgendaM:)72799 2 for the Committee to meet its goal of $100,000. presented T-shirts to the Coundlmembers. Reiterating their appreciation, the Committee Relaying his delight with the football team being able to play a home game on its own field, Mr. Matt Wdght reiterated the Committee's appredation to the City Coundl for its donation. CITY COUNCIL REPORTS A. Councilman Roberrs relayed his delight with the High Speed Rail Authodty's final decision to mroute the Inland Route through Interstate 15 and 215. B. Councilman Lindemans advised that the RTA has allocated, without impacting the reserve, $125,000 for the completion of a public transpodation system study with possible matching funds from RCTC. C. Coundlman Comerchero commended Coundlmen Lindemans and Roberrs on a job well done. Being on the League of California Cities Community Services Policy Committee, Mr. Comerchero commented on a bond issue for Parks and Recreation and advised that the issue, if approved by the voters, would greatly benefit the City. D. Mayor Ford commented on bond issues and assodated difficulties with attaining the funds. E. City Attomey Thorson noted that with respect to Closed Session Item Nos. I and 3 (real property), the City Council gave direction to staff and that the final agreements, if agreed upon, will be forwarded to the City Coundl for approval in Open Session. With respect to Closed Session Item No. 2 (pending litigation), the City Coundl gave direction to the City Attorney and with respect to Item No. 4 (candidates for City Manager position), the matter would be discussed by Mayor Ford in Open Session. F. At this time, Mayor Ford announced that the City Coundl unanimously chose to appoint Acting City Manager Nelson as the permanent City Manager of the City of Temecula. Dudrig this time of transition, Mayor Ford extended a job well done to the entire City Staff. Newly appointed City Manager Nelson enthusiastically accepted the position; echoed Mayor Ford's comment by extending a job well done to the entire City Staff; and expressed appmdation to the City Coundl for its suppod. G. There being no objection from the City Coundl, Mayor Ford recommended that Agenda Item No. 29 be considered out of order at this time. CONSENT CALENDAR Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. R:%Agenda\072799 3 2 3 4 Resolution Approvin¢l List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 99-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT Amendment No. 4 to Police Services Contract RECOMMENDATION: 3.1 Authorize modification to the City's current law enforcement contract wilt Riverside County to add one traffic officer and one spedal team officer to increase patrol hours by the equivalent of two full-time patrol officers and to authorize lte Mayor to execute lte contract in substantially the form attached. Authorization of Special Tax Lew in Community Fadlities District No. 88-12 Pr'nez Corridor) RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 99-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COM M UNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) Award of Contract for P.C. Workstations RECOMMENDATION: 5.1 Award a contract for Pentium based computer workstations to Tech 101-Arcus, Inc., 16812 Millikan Avenue, Irvine, Califomia, in the amount of $2,365.11 per unit, for a total purchase amount of $243,606.59. (This Item was pulled.) R:~,genda~072799 4 6 7 8 9 10 11 Agreement between City of Temecula and BidAmerica RECOMMENDATION: 6.1 Approve an Agreement for the scanning of building permits for the Building and Safety Department in its proposed for an amount not to exceed $37,760.45. Contract Plan Checking Services - JAS Pacific, Inc. RECOMMENDATION: 7.1 Approve an Agreement for plan check services with JAS Pacific, Inc. and the Building and Safety Department in the amount of $25,000; 7.2 Approve a 10% or $2,500 contingency for plan check services. Contract Inspection Services AGreement for JAS Pacific. Inc. RECOMMENDATION: 8.1 Approve an Agreement for Consultant Services for JAS Pacific, Inc., in the amount of $60,320 to continue providing building inspection services to the Building and Safety Department. Contract Inspection Services for Building and Safety RECOMMENDATION: 9.1 Approve an Agreement for Consultant Services with P & D Consultants in an amount not to exceed $60,000 to provide supplemental building inspection services to the Building and Safety Department. Approval of Funds for Plan Review Services RECOMMENDATION: 10.1 Approve a Contract Agreement in an amount not to exceed $75,000 for Plan Check Services with Esgil Corporation; 10.2 Approve a Contract Agreement in an amount not to exceed $75,000 for Plan Check Services with VanDorpe Chou and Associates. Authorization to execute the Supplemental Aareement for the 1999-00 Fiscal Year Community Development Block Grant Funds RECOMMENDATION: 11.1 Authorize the Mayor to execute the Supplemental Agreement for the 1999-00 Fiscal Year Community Development Block Grant Funds; R:~Agenda~.072799 5 11.2 Authorize the Director of Finance to execute Sub-Recipient Agreements for administration of the Fiscal Year 1999-00 Community Development Block Grant Funds. (Councilman Roberrs abstained with regard to this Item.) Mayor Ford clarified that the funds ($10,000) allocated to the Boys and Gids Club will be utilized for the Temecula facility. 12 Memorandum of Understandin{3 for Emergency Ambulance Services RECOMMENDATION: 12.1 Approve the Memorandum of Understanding (MOU) between the City of Temecula and the County of Riverside, Emergency Medical Services (EMS) Agency, for joint monitoring of Ambulance Services. 13 Riverside County Library Contract Amendment RECOMMENDATION: 13.1 Authorize the City Manager to execute the Second Amendment to Agreement to provide Library Services (additional staff); 13.2 Authorize the expenditure of an amount not to exceed $150,000 to fund the Temecula Library Volunteer Coordinator half-time position and to subsidize funding to maintain the Senior Reference Librarian and Reference Librarian positions at the fiscal year 1998-99 level for fiscal year 1999-00. 14 Citywide Tree Tdmmino Maintenance Service RECOMMENDATION: 14.1 Award the Citywide Tree Tdmming Maintenance Services contract to West Coast Arbodsts, Inc., for $150,000.00 and authorize the Mayor to execute the contract; 14.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $15,000.00 which is equal to 10% of the contract amount. 15 Authorize ChanGe to Temporary Partial Street Closures for Bike Races from July 31, 1999 to September 25, 1999 (Business Park Ddve and Single Oak Ddve) RECOMMENDATION: 15.1 Adopt a resolution entitled: R:~Agenda~)72799 6 RESOLUTION NO. 99-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING RESOLUTION NO. 99- 67 WHICH AUTHORIZED PARTIAL STREET CLOSURES OF BUSINESS PARK DRIVE AND SINGLE OAK DRIVE FOR THE TEMECULA CYCLING CLASSIC STAGE RACE ON JULY 25, 1999, AND THE RIVERSIDE CYCLING CLUB RACE ON JULY 31, 1999, TO CHANGE THE LATTER DATE TO SEPTEMBER 25, 1999, AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THESE SPECIFIC SPECIAL EVENTS 16 Accept Public Improvements in Tract No. 21821 (located nodhwestedv of Via Node at Kahwea Road) RECOMMENDATION: 16.1 Accept the public street and water improvements in Tract No. 21821; 16.2 Authorize reduction in Faithful Performance secudty to the warranty level, initiation of the one-year warranty pedod and release of the Traffic Signalization Mitigation security; 16.3 Direct the City Clerk to so advise the developer and surety. 17 Acceptance of Public Street into the Citv-Maintained Street System within Tract No. 21821 (located nodhwestedv of Via Node at Kahwea Road) RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 99-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 21821 ) 18 Substitute Aomements and Securities in Tract No. 24188-1 ((located northwesterly of intersection of Butterfield Stage Road at De Portola Road) RECOMMENDATION: 18.1 Accept the substitute Subdivision Improvement and Subdivision Monument Agreements and Faithful Performance, Labor and Materials, and Subdivision Monumentation Securities in Tract No. 24188-1; 18.2 Authorize release of the Faithful Performance, Labor and Materials, and Subdivision Monumentation Securities on file; 18.3 Direct the City Clerk to so notify the developer and sureties. R:~AgendaM:)72799 7 19 First Street Bddge Project - Project No. PW95-08 RECOMMENDATION: 19.1 Approve agreement in the amount of $80,540 with Tom Dodson & Associates to monitor the environmental impacts associated with the construction of the First Street Bddge - Project No. PW95-08 - and authorize the Mayor to execute this agreement. (Mayor Pro Tem Stone abstained with regard to this Item.) 20 Renewal of Annual Street Stdpina Contract for FY99-00 - Proiect No. PW97-28 RECOMMENDATION: 20.1 Approve the extension of the Street Stdping Contract with Pacific Striping, Inc. of Whittier for Fiscal Year 1999-00 for a pedod one (1) year beginning July 1, 1999, in an amount of $150,000.00; 20.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $15,000.00 which is equal to 10% of the contract amount. 21 Tract Map No. 23100-7 (located south of La Serana Way, east of Meadows Parkway, west of Butterfield Stage Road, and north of Rancho California Road in the Mamadta Village Specific Plan No. 199 RECOMMENDATION: 21.1 Approve Tract Map No. 23100-7 in conformance with the Conditions of Approval; 21.2 Approve the Subdivision Improvement Agreement; 21.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Matedal Bond, and Monument Bond as secudty for the agreements. 22 Agreement for Professional Service with Robert Bein, William Frost & Assodates for I- 15/SR-79 South Interchange Project Study Repod (PSR) PW96-05 and I-15/Santiago Road New Connection Concept Analysis - Proiect No. PW99-03 RECOMMENDATION: 22.1 Approve an agreement with Robert Boin, William Frost & Assodates to provide professional engineering services for the preparation of the I-15/SR-79 South Interchange Project Study Report (PSR) and 1-15/Sentiago Road New Connection Concept Analysis for an amount not to exceed $86,776.00 and authorize the Mayor to execute the agreement; 22.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of 10% of the contract or $8,677.60. R:~Agenda%072799 8 23 Acceptance of Grant of Easement of Storm Drain Improvements for the First Street Bdd,ae RECOMMENDATION: 23.1 Adopt a resolution entitled: RESOLUTION NO. 99-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A GRANT OF EASEMENT FOR STORM DRAIN IMPROVEMENTS RELATING TO THE FIRST STREET BRIDGE (Mayor Pro Tem Stone abstained with regard to this Item.) 24 Second Reading of Ordinance No. 99-18 RECOMMENDATION: 24.1 Adopt an ordinance entitled: ORDINANCE NO. 99-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING PLANNING APPLICATION NO. PA97-0446 (ZONING AMENDMENT, MAP CHANGE) AMENDING THE CITY'S ZONING MAP, CHANGING THE ZONING OF 1.07 NET ACRES FROM LOW DENSITY RESIDENTIAL L1 (1 ACRE TO 2.5 ACRE NET LOT SIZE) TO LOW DENSITY RESIDENTIAL L2 (112 ACRE TO I ACRE NET LOT SIZE) ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF ESTERO STREET AND ORMSBY ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 945-070-011 (Mayor Pro Tem Stone abstained with regard to this Item.) 25 Second Reading of Ordinance No. 99-19 RECOMMENDATION: 25.1 Adopt an ordinance entitled: R:~Agenda~072799 9 ORDINANCE NO. 99-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING PLANNING APPLICATION NO. PA99-0104, AMENDMENT NO. I TO SPECIFIC PLAN NO. 263 (THE TEMECULA REGIONAL CENTER), AMENDING SECTION IV.E.4., TO ALLOW A 21- FOOT HIGH ENTERTAINMENT MARQUEE ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER ROAD AND YNEZ ROAD AND KNOWN AS ASSESSOR'S PARCEL NOS. 910-130-052, -053, AND-054 MOTION: Councilman Lindemans moved to approve Consent Calendar Item Nos. I - 25. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Mayor Pro Tern Stone who abstained with regard to Item No. 19, 23, and 24 and Councilman Roberrs who abstained with regard to Item No. 11. At 7:58 P.M., Mayor Ford called a recess and reconvened the meeting at 8:12 P.M. There being no objection from the City Council, Mayor Ford recommended that Agenda Item No. 29 be considered out of order at this time. AGENDA ITEM NO. 29 DISCUSSED OUT OF ORDER 29 Infestation of the insect - Glassv-winQed Sharoshooter RECOMMENDATION: 29.1 Consider funding in an amount not to exceed $25,000 to the University of Califomia Riverside (UCR) for immediate research toward the recent infestation of this insect in our local wineries. Management Analyst Adams presented the staff report (of record) and introduced Mr. David Turch, Federal lobbyist from Washington, D.C., who provided an update on efforts being undertaken to identify agricultural grants in order to address the eradication of this insect. Apprising the public and Councilmembers of the damage this insect has caused and commenting on the potential destruction of the wineries if a resolution to the eradication of this insect were not found, Ms. Joan Sparkman, 40213 Colony Drive, elaborated on the funds ($250,000) necessary to begin the procedure to eradicate this insect/disease with a total implementation cost of $2.5 million. Ms. Sparkman requested that the City Council consider a donation which would be matched by the County. Mr. Ben Drake, 45650 Bowery Lane, provided more detailed information with regard to this disease, an affective insecticide that has been utilized for the past two years, and cost per application ($80 per acre). In light of his expedenca, Mr. John Moramarco, P.O. Box 966, noted that he has never seen a disease as devastating as this one. By way of pictures, Mr. Moramarco further described the impact this disease has had on the vineyards and noted that if this problem were not rectified, there will be no wineries within the next two to three years. R:%Agenda\072799 10 Providing additional clarification with regard to this disease, Mr. Mike Rennie, 39114 Blackdeer Loop, co-owner of Stage Ranch Farms, appdsed the Council of his losses as a result of this disease. Mr. Robedo Ponte, 40500 Camino Del Vino, as well appdsed the Council of his lobes as a result of this disease. Having met with the Members of the Vintners Association, Mayor Pro Tem Stone relayed his understanding of the potential devastation. In light of this potential devastation, Mr. Stone encouraged the City Coundl to approve a $100,000 donation with matching funds by the County for a total of $200,000. Although the area of discussion is not located within the City of Temecula, Councilman Comerchero commented on how the City's identity is assodated with the winedes and, therefore, relayed his concurrence with appropriating $100,000. City Manager Nelson recommended that the suggested $100,000 be appropriated from Capital Projects. MOTION: Councilman Comerchero moved to appropriate $100,000 toward the infestation of this insect. The motion was seconded by Mayor Pro Tem Stone. (This motion was ultimately amended; see below.) In light of the needed funds ($250,000) to begin this monitoring process, Councilman Lindemans noted that if the City were to donate $100,000 with matching funds from the City, there would still be a $50,000 shortfall. Considering the devastation this disease could as well have on citrus and landscaping species, Mayor Ford recommended that the City appropriate $125,000 with matching funds from the County and that Mr. Turch continue to explore all possible funding alternatives. MOTION: Councilman Comerchero moved to approve an expenditure of $125,000 with matching funds by the County of Riverside. The motion was seconded by Mayor Pro Tern Stone and voice vote reflected approval with the exception of Coundlman Roberrs who abstained. At 9:12 P.M., Mayor Ford called a recess and reconvened the meeting at 9:25 P.M. At this time, the City Council retumed to regular agenda order. PUBLIC HEARINGS 26 An ADDeal Of the Planning Commission's Decision to Recommend ADDroval to the Citv Coundl for PA98-0511, a Zoning Amendment to create a Planned Development Oreday, and the Planning Commission's aDDroyal of PA98-0512, a DroPosal tO develop a 244-unit senior apartment complex with two- and three-story bulldiners on an 8.13 acre lot RECOMMENDATION: 26.1 Adopt the Mitigated Negative Declaration for Planning Application No. PA98-12; 26.2 Adopt a resolution entitled: R:~AgendaM:)72799 11 RESOLUTION NO. 99-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING APPLICATION NO. PA98-0511 (ZONING AMENDMENT° APPEAL) AND PA 98-0512 (DEVELOPMENT PLAN-APPEAL) UPHOLDING THE PLANNING COMMISSION'S DECISION TO RECOMMEND THAT THE CITY COUNCIL APPROVE PLANNING APPLICATION NO. PA98-0511 (ZONING AMENDMENT) TO ESTABLISH A PLANNED DEVELOPMENT OVERLAY AND TO APPROVE PLANNING APPLICATION NO PA98-0512 (DEVELOPMENT PLAN) FOR THE DEVELOPMENT OF A 244-UNIT SENIOR HOUSING COMPLEX ON THE NORTHWEST CORNER OF NICOLAS ROAD AND WINCHESTER ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 911-170-078 AND 911-170-085 26.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 99-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP AND DEVELOPMENT CODE OF THE CITY OF TEMECULA CITY FOR PROPERTY KNOWN AS LOTS 166 AND 181 OF THE TEMECULA LAND AND WATER COMPANY ALSO KNOWN AS PARCEL A OF LOT LINE ADJUSTMENT PA 98-0477, PREVIOUSLY ASSESSOR'S PARCEL NO. 911-170-078 AND 911-170-085 (PLANNING APPLICATION NO. PA98-0511 ) By way of a map and computer-generated elevation drawings, Deputy City Manager Thomhill presented the staff report (of record), noting lie following: · That the project site will include a combination of two- and liree-story buildings; · That proposed fencing and secudty gates will be installed to ensure prohibition of high school student cut-through; · That the Planning Commission added lie following additional condition: That the applicant shall prrepare and submit for lie approval of the Planning Manager a disclosure statement identifying lie adjacent high school uses and liose uses reasonably anticipated to occur at lie high school site. The applicant shall provide a copy of the appmved disclosure statement to each person occupying a unit in lie project. Deputy City Manager Thomhill requested liat the City Council uphold the above-noted condition of approval. At liis time, Mayor Ford opened lie public headng. Mr. Curtis Miller, 4220 Von Karman Avenue, co-owner of the subject site, Newport Beach, clarified his choice of lie proposed site because of its proximity to lie mall, services, and R:~Agenda~072799 12 housing and noted that the active senior citizens have served as tutors and mentors to such facilities as high schools and would, therefore, view the proposed use as compatible. Mr. Chds Pedersen, the appellant, cited five pdmary issues as justification for denying the project (as attached to the staff report) and noted that, in his opinion, the developer made no effort to conform to the existing BP zone and that senior citizens and high school students are not a compatible use. In response to Mayor Pro Stone, it was noted that letters/preliminary reviews of the project were sent to vadous agendes and that no letters of opposition were received by staff. By way of photos, Mr. Gary Nogle, 238 San Diego Avenue, San Diego, general partner, referenced a similar facility in San Marcos at which his mother resides. Having discussed this fadlity in San Marcos with the City staff, the high school pdndpal, and the manager of the facility, Mr. Nogle advised that he has not boon appdsed of any incompatibility issues. Contrary to the incompatibility concern, Mr. Nogle commented on how the high school students assist the senior citizens dudng evening hours and summer time and how the senior citizens assist by tutodng and mentoting. Mr. James Milkartz, 15375 Barranca Parkway, #F101, Irvine, architect of the proposed project, addressed proposed density, floor plan, indoor and outdoor recreational facilities, size of the units, and noted that the PDO-3 Zone does restrict this site to senior housing to preclude the possibility of switching the use. On behalf of the Members of the Seniors Golden Years of Temecula Valley, Mr. Wayne Bershaw, 30149 Corte Cantera, commented on the need for such housing and voiced no concerns with regard to compatibility and, therefore, encouraged the City to support this project. Mr. Peter Stealing, 2398 San Diego Avenue, Sen Diego, owner of the property, commented on the dose proximity of shops to the proposed facility as well as to Santa Gemdis Creak pathway and noted that he would not envision this fadlity creating a traffic compatibility issue. Mr. Ed EIder, 42775 San Julian Place, spoke in suppod of senior housing but not at this particular location. With regard to the compatibility concem, Mayor Pro Tem Stone relayed his concurrence with the approval of this project and commented on the need for senior housing. Echoing Mayor Pro Tem Stone's comments, Councilman Comerchero expressed no concem with regard to compatibility and as well commented on the additionally imposed conditions as per the Planning Commission. Councilman Roberts commented on the City's need for additional housing and expressed suppod of the project in light of its close proximity to the shops and the Santa Gertrudis Creek pathway. Mayor Ford echoed previously made comments, noting that compatibility is not an issue of concern to him. For the City Council, Planning Chairman Guerdero addressed and clarified ingress and egress into the fadlity. R:%Agenda~072799 13 MOTION: Mayor Pro Tern Stone moved to approve staff recommendations 26.1 and 26.2, to deny the appeal, and to approve the project. The motion was seconded by Councilman Lindemans and voice vote reflected unanimous approval. City Attorney Thorson introduced Ordinance No. 99-20 by title only. MOTION: Councilman Comerchero moved to approve staff recommendation 26.3. The motion was seconded by Mayor Pro Tern Stone and voice vote reflected unanimous approval. 27 Ordinance Regulating Massa~3e Establishments and Massa{3e Practitioners (Planninc~ Application PA97-0201) RECOMMENDATION: 27.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADDING CHAPTER 5.22 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING REGULATIONS FOR MASSAGE ESTABLISHMENTS WITHIN THE CITY OF TEMECULA AND CHAPTER 5.23 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING REGULATIONS FOR MASSAGE PRACTITIONERS WITHIN THE CITY OF TEMECULA REPEALING RIVERSIDE COUNTY ORDINANCE NO. 596 AS AD OPTED BY THE CITY AND AMENDING SECTION 1.08.010 OF THE TEMECULA MUNICIPAL CODE RELATING TO ADOPTION BY REFERENCE OF RIVERSIDE COUNTY ORDINANCES Being of the opinion that insufficient feedback has been received from the existing and legitimate vendors, Mayor Pro Tern Stone recommended that the matter be continued. Concurring with Mayor Pro Tem Stone, Councilman Lindemans suggested the formation of a subcommittee comprised of two Councilmembers and the massage professionals. MOTION: Mayor Pro Tem Stone moved to continue this item to the September 28, 1999, City Council meeting and to appoint Councilman Lindemans and Mayor Pro Tern Stone to serve on the subcommittee. The motion was seconded by Councilman Lindemans and voice vote reflected unanimous approval. 28 Adoption of an UrGency Ordinance Prohibiting the Permittina, Approval, Development, and Placement of Additional Wireless Communications Facilities RECOMMENDATION: 28.1 Adopt an Urgency Ordinance: R:%AgendaM:)72799 14 ORDINANCE NO. 99-21 AN URGENCY AND REGULAR INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADOPTING AN EXTENSION OF ORDINANCE NO. 99-17 WHICH ESTABLISHED A PROHIBITION ON THE PERMITTING, APPROVAL, DEVELOPMENT, AND PLACEMENT OF ALL FORMS OF WIRELESS COMMUNICATIONS FACILITIES AND MAKING CERTAIN FINDINGS IN SUPPORT THEREOF City Attomey Thorson reviewed the staff report (of record). Opposing the moratorium on erecting wireless communications facilities, Mayor Pro Tem Stone commented on the loss of wireless communication throughout severel areas of the City and noted the public safety issue such a loss could create. Councilman Comerchero noted that this moratorium would only be in place for severel months to ensure proper procedure for future requests. MOTION: Councilman Roberts moved to approve the staff recommendation. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Mayor Pro Tem Stone who voted no. COUNCIL BUSINESS 29 Infestation of the insect - Glassy-winged Shamshooter (at the request of Mayor Pro Tern Stone) RECOMMENDATION: 29.1 Consider funding in an amount not to exceed $25,000 to the University of Califomia Riverside (UCR) for immediate research toward the recent infestation of this insect in our local wineries. (Previously discussed; see pages 10-11.) 30 Award of Construction Contract for Rancho Califomia Road at I-15 Ramp Improvements - Proiect No. PW95-12 (PW98-08~ RECOMMENDATION: 30.1 Award a construction contract for the Rancho California Road at I15 Ramp Improvements, Project PW95-12 (PW98-08) to McLaughlin Engineering & Mining, Inc., in the amount of $756,965.00 and authorize the Mayor to execute the contract. 30.2 Authorize the City Manager to approve contract change orders, not to exceed the contingency amount of $75,696.50, which is equal to 10% of the contract amount. 30.3 Approve a transfer of $50,000.00 from the Ovedand Drive Overcrossing project savings to the Rancho California Road Additional Interchange projects. Mayor Ford thanked staff for their associated efforts. R:~AgendaM:)72799 15 MOTION: Mayor Pro Tem Stone moved to approve the staff recommendation. The motion was seconded by Councilman Lindemans and voice vote reflected unanimous approval. 31 Nicolas Road Sidewalk Proiect RECOMMENDATION: 31.1 Receive and file a status report regarding the Nicolas Road Sidewalk Project. Mayor Pro Tem Stone thanked Acting Public Works Director Hughes for his efforts in completing this project. Mr. Hughes noted that he would pass on the commendation to Deputy Public Works Director Parks. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT City Manager Nelson advised that staff has received a letter from the League of Califomia Cities, advising that the City of Temecula will be awarded the Helen Putman Award of Excellence for the Old Town Streetscape Project. Mr. Nelson noted that the award would be presented at the League's Annual Conference, in October, in San Jose. City Manager Nelson extended commendations to Acting Public Works Director Hughes, Housing Redevelopment Manager Meyer, and Management Analyst Adams. CITY ATTORNEY'S REPORT No additional comments. ADJOURNMENT At 10:50 P.M., Mayor Ford formally adjourned the City Council meeting to Tuesday, August 10, 1999, 7:00 P.M., City Council Chambers, 43200 Business Park Ddve, Temecula California. ATTEST: CU~~n~.Jonesl~,CC/~ [SEAL] t Mayor R:~Agenda~072799 16