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HomeMy WebLinkAbout092899 CC MinutesMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 28, 1999 CLOSED SESSION A meeting of the City of Temecula City Council was called to order at 6:00 P.M., in the Main Conference Room. It was duly moved and seconded to adjoum to Closed Session pursuant to Government Sections: 1. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the sale/lease of real property located at 28699 Front Street (APN 922-046-020). The negotiating parties are the Redevelopment Agency of the City of Temecula and Hopkins Real Estate Group. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired. The Agency negotiators are Shawn Nelson, James O'Grady, and John Meyer. 2. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(b) with respect to one matter of potential litigation. With respect to each matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and/or the Agency based on existing facts and circumstances. The Open Session of the City Council meeting convened at 7:01 P.M. ROLL CALL Present: Councilmembers: Comerchero, Lindemans, Stone, and Ford. Absent: Councilmember: Roberts. PRELUDE MUSIC The prelude music was provided by Hayley Lieberg. INVOCATION The invocation was given by Dr. Randy R. Johnson of the Temecula United Methodist Church. ALLEGIANCE The audience was led in the Flag salute by Cub Scout Pack 301, Webelos-Pythons, Brian Baber, Den Leader. PRESENTATIONS/PROCLAMATIONS RTA Video Presentation Providing a bdef overview of his recent visit to St. Louis, Councilman Lindemans relayed that various RTA staff members, County Supervisors, and Councilmen went to Missouri to attain additional information regarding the Metrolink Project which was opened in 1993; introduced the video presentation which provided the following data: 1 ) the ten- year construction process, 2) the initial cost of $464 million to build and design the project, $348 million of which was federally funded, 3) the ridership numbers, which was initially 30,000 passengers a day and has continued to increase, and 4) the base fair cost of $1.25; noted that RTA is in the process of conducting a study associated with mass transit; and for Councilman Comerchero, provided additional information regarding the funding of the St. Louis Metrolink Project. Academy of Advance Education to City Clerk Jones Mayor Ford relayed the achievements of City Clerk Jones; noted that solely 14% of the 10,000 members of IMMC have qualified for the Academy status; relayed the prestigious attainment of the qualification; and presented the Certificate to City Clerk Jones. City Manager Nelson conveyed congratulations to City Clerk Jones; and relayed to Mr. Jones, her husband, what an asset she is to the City. PUBLIC COMMENTS Mr. Michael O'Brien, Jr., 42200 Main Street, a four-year old child community member, thanked Mayor Ford for his efforts associated with making the City a great place to live; relayed that he would be praying for him; and presented a letter to the Mayor. Mayor Ford thanked little Michael for the letter; and relayed that he would frame the letter in order to display it in his office. Mr. Sam Pratt, 40470 Brixton Cove, relayed accolades to Councilman Lindemans, for his efforts associated with investigating and supporting traffic solutions; and referencing Chapter 4, of the Govemment Code, recommended that the City actively pursue the County's cooperation in implementing mitigating measures for the traffic impact in the City of Temecula generated from outside the area. CITY COUNCIL REPORTS Relaying his recent ride-along experience with the F.A.S.T. Program's ambulance vehicle, Mayor Pro Tem Stone commended the paramedics for their diligent efforts associated with their effective response to emergencies; and recommended that the City implement placement of address headings on the City's street signs in order to expedite the emergency response time; and recommended that the Public/Traffic Safety Commission evaluate implementation of computerized address finding tools (GPS) in the City's emergency vehicles, initially, in the Fire Department's vehicles, and, subsequently, in the Police Department's vehicles, as well. In response to Mayor Pro Tern Stone's previous recommendation, Councilman Comerchero relayed that there were inexpensive hand-held computerized address finding tools (GPS) available at this time. For informational purposes, Mayor Ford relayed that there will be a Planning meeting held on October 11, 1999 from 5:30 P.M. to 8:00 P.M. at the Temecula Community Center (as part of Riverside County's Integrated Planning Process), noting that Supervisors Buster and Venerable would be in attendance; and encouraged the R:\minutes\092899 2 community members and available Councilmembers to attend in order to discuss traffic, specifically, the impact of the outside areas on the City of Temecula. Mayor Ford commended Councilman Comerchero for his efforts associated with the re-instituted School and City meeting which would be held October 5, 1999. Mayor Ford relayed that he was in the process of developing a five-year program for consideration with respect to the Multi-Species Habitat Plan, noting that his term of service would soon end, relaying that the program would be in a position to move forward, inclusive of the acquisition of an additional 20,000 acres of Open Space. CONSENT CALENDAR I Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of August 10, 1999. It was noted that Councilman Lindemans would be abstaining with regard to this issue. 3 Resolution ApprovinQ List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 99-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Arts Council of Temecula Valley Community Service Fundin.a Reauest RECOMMENDATION: 4.1 Review and consider the Arts Council of Temecula Valley funding request in the amount of $22,000 for their community service programs. R:~ninutes\092899 5 Street Name Chan.cle from Shooters Hill Road to Elizabeth Road RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 99-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING THE STREET NAME IN TRACT NO. 23143-2 FROM SHOOTERS HILL ROAD TO ELIZABETH ROAD 6 Consideration of Deferral of Development Impact Fees for Temecula Valley Inn RECOMMENDATION: 6.1 Approve an agreement with the Temecula Valley Inn, which provides for the deferral of Development Impact Fees. 7 Memorandum of Understandinq for Marketin.Q Pro.eram RECOMMENDATION: 7.1 Approve the Memorandum of Understanding (MOU) between the cities of Murrieta, Lake Elsinore, Temecula and Riverside County for a regional business attraction/marketing program. 8 Authorize Temporary Partial Street Closures for "Race for the Cure" Event November 13, 1999 in the Promenade Mall area (located at Mamadta Road, Solana Way, Ynez Road, and Ovedand Avenue) RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 99-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING PARTIAL STREET CLOSURES FOR INLAND EMPIRE INAUGURAL RACE FOR THE CURE EVENT ON NOVEMBER 13, 1999, AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THIS SPECIFIC SPECIAL EVENT Consent Calendar Item No. 8 was pulled for separate consideration, see page 7. R:Vninutes\092899 9 Release Faithful Performance Warranty and Labor and Materials Securities for Public Improvements in Tract No. 22148 (located northwesterly and southeasterly of La Serena Way at Calle Medusa) RECOMMENDATION: 9.1 Authorize release of the Faithful Performance Warranty and Labor and Materials Securities for the public street and drainage and water and sewer improvements in Tract No. 22148; 9.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors, the developer and surety. 10 Accept Public Improvements in Tract No. 24131-F (located at the southwesterly comer of Meadows Parkway at McCabe Ddve) RECOM MEN DATION: 10. 1 Accept the public street and sewer and water systems improvements in Tract No. 24131-F; 10.2 Authorize reduction in Faithful Performance security amounts to the ten percent (10%) warranty amount and initiation of the one-year (1) warranty pedod; 10.3 Direct the City Clerk to so notify the developer and surety. 11 Acceptance of Public Streets into the City-Maintained Street System within Tract No. 24131-F (located at the southwesterly corner of Meadows Parkway at McCabe Ddve RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 99-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 24131-F) 12 Award of Construction Contract for the FY99-00 Pavement Management System - Proiect No. PW99-07 RECOMMENDATION: 12.1 Award a construction contract for the FY99-00 Pavement Management System - Project No. PVV99-07 to All American Asphalt in the amount of $444,265.30 and authorize the Mayor to execute the contract; R:~ninutes\092899 12.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $44,426.53, which is equal to 10% of the contract amount. 13 Approval of the Plans and Specifications and Authorization to solicit Construction Bids for Pavement ManaQement System - Project No. PW99-16 -Winchester Road Pavement Rehabilitation RECOMMENDATION: 13.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for Pavement Management System - Project No. PW99-16 -Winchester Road Pavement Rehabilitation. 14 Professional Services AQreement with Robert Bein, William Frost & Associates for the Reali.anment of Diaz Road to Vincent Mora.aa Drive, Project No. PVV95-27 RECOMMENDATION: 14.1 Approve the agreement with Robert Bein, William Frost & Associates to provide professional engineering and design services for the preparation of plans, specifications and estimates to construct the improvements for the Realignment of Diaz Road to Vincent Moraga Drive, Project No. 95-27, for the not to exceed amount of $72,968.00 and authorize the Mayor to execute the agreement; 14.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of 10% of the contract or $7,296.80; 15 Second Readin.cl of Ordinance No. 99-24 RECOMMENDATION: 15.1 Adopt an ordinance entitled: ORDINANCE NO. 99-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE SEVERAL CHAPTERS OF TITLE 17 TO RE-CATEGORIZE TEMPORARY USES, AMEND YARD AND SETBACK REQUIREMENTS FOR ACCESSORY STRUCTURES IN RESIDENTIAL ZONES, CLARIFY FLOOR AREA RATIO BONUS PROVISIONS, AND MAKE NUMEROUS MINOR MODIFICATIONS TO TITLE 17 OF THE TEMECULA MUNICIPAL CODE (PLANNING APPLICATION NO. PA99-0197) R:\minutes\092899 16 Second Readin.~ of Ordinance No. 99-25 RECOMMENDATION: 16.1 Adopt an ordinance entitled: ORDINANCE NO. 99-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA FOR THE AREAS KNOWN AS ASSESSOR'S PARCEL NOS. 921-660-026, 921-660-027, 921-660-041, 921-660-042, AND 950-120-004 (PLANNING APPLICATION NO. PA99-0291 ) It was noted that Councilman Comerchero would be abstaining with regard to this issue. MOTION: Councilman Lindemans moved to approve Consent Calendar Item Nos. 1-7 and 9-16. The motion was seconded by Mayor Pro Tern Stone and voice vote reflected approval with the exception of Councilman Roberts who was absent and Councilman Lindemans who abstained with regard to Item No. 2, and Councilman Comerchero who abstained with regard to Item No. 16. (Consent Calendar Item No. 8 was pulled; see below.) Consent Calendar Item No. 8 was considered at this time. Authorize Temporary Partial Street Closures for "Race for the Cure" Event November 13, 1999 in the Promenade Mall area (located at Mamadta Road, Solana Way, Ynez Road, and Ovedand Avenue) RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 99-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING PARTIAL STREET CLOSURES FOR INLAND EMPIRE INAUGURAL RACE FOR THE CURE EVENT ON NOVEMBER 13, 1999, AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THIS SPECIFIC SPECIAL EVENT Ms. Joan Sparkman, 40213 Colony Ddve, introduced the Chairman and the Coordinator of the event, scheduled for the purpose of raising funds for the Breast Cancer Foundation; specified the sponsors for The Race for the Cure; and in response to Mayor Pro Tem Stone's querying, relayed that 75% of the monies raised at the Temecula event would be for provision of needs in the area, while the remaining 25% of the funds raised would be used for the provision of breast cancer research. R:~ninutes\092899 Mayor Pro Tem Stone recommended that this particular fundraising affair be publicized in the newspaper in order to promote this commendable event. MOTION: Councilman Lindemans moved to approve Staff Recommendation. Councilman Comerchero seconded the motion and voice vote reflected approval with the exception of Councilman Roberts who was absent. At 7:40 P.M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:44 P.M. the City Council resumed with regularly scheduled City Council Business. PUBLIC HEARINGS 17 Planning Application No. PA99-0284 (Development Plan), Plannin.cl Application No. PA99-0286 ('Tentative Parcel Map No. 29431), Plannin.cl Application No. PA99-0285 (Amendment No. 7 to Specific Plan No. 219 - Paloma del Sol), and Plannin{3 Application No. PA99-0283 (Development AGreement) (located north of State Hi.ehway 79 South, south of Montele.clro Way, east of Mar~arita Road and west of Meadows Parkway- Home Depot) RECOMMENDATION: 17.1 Continue Public Hearing to the meeting of October 19, 1999 Deputy City Manager Thornhill provided clarification regarding the sole issues that would be recommended to be continued to the October 19, 1999 City Council meeting, specifically, to continue Planning Application No. PA99-0285 (Amendment No. 7 to Specific, Plan No. 219 - Paloma del Sol), and Planning Application No. PA99-0283 (Development Agreement) (located north of State highway 79 South, south of Montelegro Way, east of Margarita Road and west of Meadows Parkway - Home Depot), and the associated environmental issues; and advised that the Development Plan and the Tentative Parcel map could be approved by the Planning Commission at the September 29, 1999 Planning Commission meeting, noting that the approval would finalize the necessary action with respect to those issues. At this time, Mayor Ford opened the public hearing. Mr. Allan Davis, representing the applicant, was available for questions and comments of the Council; and noted that the applicant would be agreeable to the continuance. Mr. Sam Stall, 43824 Barletta Street, relayed his concem with respect to the potential development of an apartment complex within the multi-family area; and noted that he had a petition encompassing approximately 200 signatures of opponents to the development of apartment dwellings in the area of discussion. For Mr. Stall, Deputy City Manager Thornhill provided clarification with respect to the multi-family zoning area, noting that the zoning had been previously approved by the City Council in the past; advised that this particular project proposed a reduction in densities; and noted that the previously approved multi-family area does not specify the type of allowable high density development (i.e., condominiums, senior facility, or apartment dwellings.) R:\minutes\092899 Mr. Stall was directed by the Council to address his concerns to the Planning Commission at the September 29,1999 Planning Commission meeting. MOTION: Mayor Pro Tem Stone moved to approve Staff Recommendation, to continue the Development Agreement, the Specific Plan, and the related environmental issues to the October 19, 1999 City Council meeting. Councilman Comerchero seconded the motion and voice vote reflected approval with the exception of Councilman Roberts who was absent. 18 Ordinance ReGulatinG MassaGe Establishments and MassaGe Practitioners (Planning Application PA97-0201 ) RECOMMENDATION: 18.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 99-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADDING CHAPTER 5.22 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING REGULATIONS FOR PRACTICE OF MASSAGE WITHIN THE CITY OF TEMECULA, REPEALING RIVERSIDE COUNTY ORDINANCE NO. 596 AS ADOPTED BY THE CITY, AND AMENDING SECTION 1.08.010 OF THE TEMECULA MUNICIPAL CODE RELATING TO ADOPTION BY REFERENCE OF RIVERSIDE COUNTY ORDINANCES Deputy City Manager Thomhill provided an overview of the staff report (of record); noting the proposed revisions included in the Ordinance, as follows: 1) a modification of the definition of the term massage, 2) modification of the definition of specified anatomical areas, and 3) the elimination of separated City massage practitioner licensing process; advised that staff recommended an addition to the Exemptions (denoted as Section 5.22.025) to add additional language, as follows: Chair massage services provided by a licensed massage practitioner in a public location where the massage patron and practitioner remain fully clothed. At this time, Mayor Ford opened the public hearing. Mr. Steve Kuschner, 939 Rainbow Crest Road, relayed his desire that the City maintains reasonable limits with respect to the licensing fee costs. For Mr. Kuschner, Mayor Pro Tem Stone relayed the regulations associated with the cost of licensing fees, noting that there would be no profit for the City regarding the fee that would be set. At this time, Mayor Ford closed the public hearing. City Thorson introduced and read by title only Ordinance No. 99-26. R:\minutes\092899 MOTION: Councilman Lindemans moved to approve Staff Recommendation, to introduce and read by title only Ordinance No. 99-26, as modified. Councilman Comerchero seconded the motion and voice vote reflected approval with the exception of Councilman Roberrs who was absent. At 7:56 P.M. a short recess was taken, and the meeting reconvened at 8:06 P.M. COUNCIL BUSINESS 19 Desi.clnation of Votinfi Delefiate for the National League of Cities Annual Con.clress RECOMMENDATION: 19.1 Designate a voting representative and an alternate. MOTION: Mayor Ford moved to appoint Councilman Roberts as voting representative and Mayor Pro Tem Stone as alternate. Councilman Comerchero seconded the motion and voice vote reflected approval with the exception of Councilman Roberts who was absent. 20 City Council Meetin.cl Schedule - November and December 1999 RECOMMENDATION: 20.1 Direct the City Clerk to cancel and/or re-schedule meetings in November and December, 1999, and to perform the appropriate postings and noticing requirements of the Government Code. City Clerk Jones relayed the additional staff recommendation to reschedule the October 26, 1999 City Council meeting to October 19, 1999. MOTION: Councilman Lindemans moved to approve Staff Recommendation with the additional rescheduling of the 2nd meeting in October to October 19, 1999, and the following November and December meeting dates: November 9th and 16b , and December 7t~ and 14th 1999. Councilman Comerchero seconded the motion and voice vote reflected approval with the exception of Councilman Roberts who was absent. 21 City of Temecula Ad Hoc Wall of Honor Subcommittee RECOMMENDATION: 21.1 Amend the procedure for the establishment of the City of Temecula Wall of Honor; 21.2 Appoint two City Councilmembers to serve on an Ad Hoc Wall of Honor Subcommittee. Director of Community Services Parker presented the staff report (per agenda material.) Due to the importance of the issue, Councilman Lindemans recommended extending the submittal deadline for nominations, extending the 50-word short statement restfiction, R:\minutes\092899 10 and to additionally, restrict the eligibility of nominees to solely those individuals with more than one nomination. Concurring with the importance of the issue, Councilman Comerchero agreed with extending the deadline for submittals; and for Councilman Lindemans, relayed the process of selection which has provision for multiple reviewing processes which would ensure safeguarding the selection process. Director of Community Services Parker relayed that the submittal deadline could be extended to October 15, 1999, noting that staff would be presenting the final nominations to the Commission and the City Council in November; and clarified the rationale for the 50-word limit on submittals, specifically for the purpose of simplifying the process, noting that submittals exceeding the 50-word limit would not be eliminated. After additional discussion, it was the consensus of the Council to extend the submitted short statements to 100 words, to extend the submittal deadline to October 15, 1999, and to appoint Mayor Pro Tem Stone and Councilman Comerchero to serve on the Ad Hoc Wall of Honor Subcommittee. City Manager Nelson appealed to the community to submit their nominations, relaying the importance for community involvement in order for the event to be successful. MOTION: Mayor Ford moved to approve Staff Recommendation, amending the following: extending the submittal deadline to October 15, 1999, and allowing up to a 100-word short statement to be submitted; and to appoint Mayor Pro Tern Stone and Councilmember Comerchero to serve on the Ad Hoc Wall of honor Subcommittee. Councilman Lindemans seconded the motion and voice vote reflected approval with the exception of Councilman Roberts who was absent. 22 Reclaimed Water Use A.Qreement RECOMMENDATION: 22.1 Approve the agreement with Rancho Califomia Water Distdct to supply reclaimed water for use at Rancho California Sports Park. Director of Community Services Parker provided an overview of the staff report (via agenda material); noted the potential for a substantial savings with respect to the watering costs at the park site; and introduced Mr. Andy Webster, from Rancho Water District, and Maintenance Superintendent Kevin Harrington who would be available for questions and comments from the Council. For Mayor Pro Tem Stone, Mr. Andy Webster, confirmed that the associated mandate was not funded by the State; noted, however, that the Water District would be funding the costs for this particular proposal. MOTION: Councilman Lindemans moved to approve Staff Recommendation. Mayor Pro Tern Stone seconded the motion and voice vote reflected approval with the exception of Councilman Roberts who was absent. R:~minutes\092899 11 23 Consideration to Fund an Additional Temporary Westbound Lane on State Hi.clhway 79 South from Pala Road to 1-15 to Reduce Traffic Con{:lestion dudn.a the County of Riverside's Construction of the "Missin.q Link" RECOMMENDATION: 23.1 Approve funding a Contract Change Order between Riverside County Transportation and Riverside Construction to provide an additional temporary westbound lane on State Highway 79 South between Pala Road and I-15. 23.2 Appropriate General Fund Unappropriated Reserves sufficient to cover said contract change order (the amount will be provided at the City Council Meeting.) Reviewing the City's efforts to work with the County and Riverside Construction to reduce traffic congestion along Highway 79 South, Director of Public Works Hughes presented the staff report (of record); specified the proposed improvements for provision of temporary traffic relief; noted that the contractor is in the process of modifying the design of the project with the constraints associated with the existing location of the water line; and specified the cost for the project as $67,831. Councilman Comerchero commended Director of Public Works Hughes and City Manager Nelson for their efforts associated with addressing the traffic congestion in the area of discussion in such a timely manner. MOTION: Mayor Pro Tem Stone moved to approve Staff Recommendation with the contract change order amount of $67, 831, subject to contingency of water line issues being resolved. Councilman Lindemans seconded the motion and voice vote reflected approval with the exception of Councilman Roberts who was absent. DEPARTMENTAL REPORT Mayor Pro Tem Stone commented on the City's commitment to remove graffiti in an expeditious manner, noting the success of the program; and commended staff for their efforts associated with the matter. CITY MANAGER'S REPORT City Manager Nelson commended Director of Public Works Hughes and the Public Works Department for their assiduous efforts to bdng the temporary traffic relief project for Highway 79 South forward; and relayed the City's desire to work with the Water Distdct to relocate the water line in order to move the project forward. For informational purposes, City Manager Nelson relayed that the City held its first Annexation Workshop on Saturday, September 25, 1999 at Red hawk Elementary School, noting the community attendance, and the informational data provided; and advised that the next workshop would be held on September 30, 1999 at the Vail Ranch Middle School, inviting all the affected property owners to attend the meeting in order to obtain additional information regarding the annexation process. R:\minutes\092899 12 CITY ATTORNEY'S REPORT Advising that the City Council provide direction with respect to both items discussed dudng Closed Session, City Attomey Thorson noted that with respect to the real property, that if there were an agreement with the developer to sell the property, that the issue would come back to the City Council, and the Redevelopment Board for approval in Open Session. ADJOURNMENT Next meeting: Tuesday, October 5, 1999, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. /St,~ven~ayor ATTEST:  Jones, [SEAL] R:\minutes\092899 13