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HomeMy WebLinkAbout020999 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL FEBRUARY 9, 1999 CLOSED SESSION A meeting of the City of Temecula City Council was called to order at 5:00 P.M. It was duly moved and seconded to adjoum to Closed Session pursuant to Govemment Code Sections: 1. Conference with real property negotiator pursuant to Government Code Section 54956.8 conceming the acquisition of real property located at 28721 Front Street, Temecula (APN 922-073- 017 and 922-0046-022 and 922-073-024). The negotiating parties are the Redevelopment Agency of the City of Temecula and First and Front, LLP and Cleveland Investment Company. Under negotiation is the pdce and terms of payment to the real property interests proposed to be acquired. The Agency/City negotiators are Shawn Nelson, James O'Grady, and John Meyer. 2. Conference with City Attomey and legal counsel pursuant to Government Code Section 54956.9(a) with respect to two matters of existing litigation involving the City and/or the Agency. The following cases/claims will be discussed: a) Quality Contmctor's Network vs. Temecula Valley Museum and b) Claim of Westside City II (Bill Dendy). 3. Conference with City Attomey pursuant to Govemment Code Section 54956.9(b) with respect to two matters of potential litigation. With respect to each matter, the City Attorney has datermined that a point has been reached where there is a significant exposure to litigation involving the City and the Agency besod on existing facts and circumstances. 4. Discussion of candidates for position of City Manager pursuant to Govemment Code Section 54957. ROLL CALL Present: Coundlmembers: Comerchero, Lindemans, Roberts, Stone, and Ford. Absent: Councilmember: None. PRELUDE MUSIC The prelude music was provided by Eve Craig. INVOCATION The invocation was given by Reverend Lyle Peterson. ALLEGIANCE The audience was led in the Flag salute by Mayor Pro Tem Stone. PRESENTATIONS/PROCLAMATIONS Certificate of Sg}ecial Achievement to Nell Everett Plummer for attaining Eagle Scout rank Mayor Pro Tam Stone presented the Certifical to Nell Everett Plummar. Certificate of Spatial Achievement to Scott C. Robertson for attaining Eaole Scout rank Mayor Pro Tam Stone presentd the Certificat to Scott C. Robertson. Certificate of Soedal Achievement to Robert Bdan Slater for attaining Eaole Scout rank Mayor Pro Tam Stone presented the Certificate to Robert Bdan Slalr. Certificate of Appreciation to Honorable Arunja "Vic" Samvdarian Mayor Pro Tam Stone presented the Certificate to Honorable Saraydadan who, with appreciation, was in attendance to accept the Certificate. Certificate of Appreciation to the Assistance League of Temecula Valley Mayor Pro Tern Stone presentd the Certificate which was accepted by Ms. Peggy Wiley and Ms. Maryann Edwards. Cedificate of Aooredation to Joseoh Kicak Mayor Ford presented the Certificate to retidng Public Works Director Kicak who relayed his delight with having had the opportunity to work for the City of Temecula. At this time, Mayor Ford presented to Councilman Comerchero his five-year service pin. PUBLIC COMMENTS Ms. Kay Willlares and Ms. Melody Binsting, representing the Temecula Town Association on behalf of the Temecula Rod Run, presented the Councilmembers with Rod Run momentos and invited all to attend the planned Rod Run festivities. CITY COUNCIL REPORTS A. Mayor Pro Tern Stone advised that he had attended a California League of Cities meeting at which the fallout of the Vehicle License Fee was discussed, advising that them is no allocation guarantee to the cities from the Site if the economy ware to decline but that them will be an allocation guamnie for the upcoming second and third phase reductions. B. Impressed with the number of Eagle Scout Certificates the City has presented, Mayor Pro Tern Stone encouraged all non-profit organizations to apply for the second phase of the City's Community Services Funding Program, noting that the application deadline is March 5, 1999. C. Reviewing the ongoing progress of RTA services, Coundlman Lindemans noted that in the near future individuals will be able to travel by bus to Lake Elsinore, Harriet, and Riverside. D. Commenting on the benefits the City has dedved from retidng Public Works Director Kicak's experience, Coundlman Roberts noted that Mr. Kicak will be greatly missed. E. Coundlman Roberrs informed the City Coundl that he has been selected to serve on the 1999 Tmnsportetion Infrastructure and Services Steedng Committee which develops polides and recommendations for consideration and review by the Policy Committee. F. Coundlman Roberrs advised that he will be attending the upcoming Riverside County Transportation Committee at which a vote will be taken which would allocate $816,000 to the City for the Jefferson Avenue/Front Street rehabilitation. G. Mayor Ford advised that he has been appointed as Vice Chairman of the Riverside County Habitat Conservation Agency and that discussions am pursuing with regard to the multi-spedes plan/open space plan for Riverside County, noting that he will keep the Coundl apprised. CONSENTCALENDAR Standard Ordinance Adootion 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 January 12, 1999; 2.2 Approve the minutes of January 21, 1999. (Due to his absence from the January 21, 1999, City Council meeting, Mayor Pro Tern Stone noted that he would be abstaining with regard to this issue.) Resolution ADDroving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 99-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 5 6 City Treasurers Report as of December 31, 1998 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of December 31, 1998. City Deleaation to Voorburo. The Netherlands RECOMMENDATION: 5.1 Approve an official City delegation to travel to Voorburg, The Netherlands in a joint trip with the Ternecula Sister Cities Association. First Amendment to Acting City Manaaer AGreement RECOMMENDATION: 6.1 Approve the First Amendment to the Employment Agreement. Prog3erty Insurance Renewal RECOMMENDATION: 7.1 Approve the City of Temecula Property Insurance Policy renewal with Reliance Insurance Company and Royal/Agriculture and Frontier Insurance Company for the padod of FebmaW 26,1999 through February 26, 2000 in the amount of $61,764. Purchase of One (11 Citv Vehicle CTruckl RECOMMENDATION: 8.1 Approve the purchase of one (1) 1989 Chevrolet full-size pick-up from Paradise Chevrolet in the amount of $25,094.36. Records Destruction Ac~roval RECOMMENDATION: 9.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. 10 State Historical Desionation for Bumham Store (Temecula Mercantile) 11 12 13 RECOMMENDATION: 10.1 Authorize the Mayor to sign the attached letter of support forwarding the Point of Historical Interest Application for the Bumham Store to the State Office of Historic Preservation. (This Consent Calendar Item was continued to the meeting of February 23, 1999.) Acceptance of Public Streets into the City-Maintained Street System (within Tract No. 23142 - located northeestedv of the intersection of Meadows Parkway at Rancho Califomia Roadl RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 99-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 23142) Accept Public Improvements in Tract No. 23142 (located northeasterly of the intersection of Meadows Parkway at Rancho C, alifomia Road~ RECOMMENDATION: 12.1 Accept the Public Improvements in Tract No. 23142; 12.2 Authorize the reduction in Faithful Performance secudty to the warranty amount and initiation of the one-year warranty pedod; 12.3 Direct the City Clerk to so advise the developer and surety. Mamadta Road/Overland Ddve and Lone Canyon Creek Improvements Reimbursement AGreement with Rancho Califomia Water District for Work Performed Dudno Construction - Project No. PW97-07 RECOMMENDATION: 13.1 Approve the attached reimbursement agreement with Rancho California Water District (RCWD) for the cost to relocate existing water improvements necessary for the construction of Margadta Road/Overland Ddve and Long Canyon Creek Improvements - Project No. PVV97-07 - and authorize the Mayor to execute the agreement; 13.2 Increase the Construction Contingency amount by $47,200.00 to cover the additional work; 5 14 13.3 Approve an appropriation of $47,200.00 from Reimbursement Revenue to the project account. Rancho Califomia Road at Interstate Route 15 - Bridoe Widenina and Northbound Ramp Improvements - Project No. PVV95-12- Increase Construction Continaencv RECOMMENDATION: 14.1 Authorize the Acting City Manager to approve change orders with Riverside Construction Company for Rancho Califomia Road at Interstate Route 15 - Bridge W'~lening and Northbound Ramp Improvements (Project No. PW95-12) in an additional amount of $82,000.00 above the previously approved 10% contingency. 15 Professional Services Aoreement with Parsons Bdnckerhoff Quade & Douglas. Inc. for the Final Dosion Southbound Off-Ramp and I-15 Widenino north of W'rtchester Road - Project No. PVV98-07 - and Northbound On-Ramp Widenina RECOMMENDATION: 15.1 Approve the Professional Services Agreement between the City of Temecula and Parsons Bdnckerhoff Quade & Douglas, Inc. for the final design of the southbound Off-Ramp, 1-15 widening north Winchester Road - Project No. PW98-07 - and additional widening to the northbound On-ramp from Winchester Road north 400 feet for $122,826.00 and authorize the Mayor to execute the contract; 15.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $12,282.00 which is equal to 10% of the contract amount; 15.3 Authorize the transfer of $60,226.00 from the construction budget to the design budget for the additional design costs associated with a change to the project scope of work. 16 Professional Services Agreement with Parsons Bdnckerhoff Quade & Doualas. Inc. for Final Dosion Southbound Off-Ramp and 1-15 Widenina north of Rancho Califomia Road - Project No. PVV98-08 RECOMMENDATION: 16.1 Approve the Professional Services Agreement between the City of Temecula and Parsons Bdnckerhoff Quade & Douglas, Inc. for the final design of the southbound Off-Ramp and 1-15 widening norlit Rancho California Road - Project No. PW98-08 - for $94,368.00 and authorize the Mayor to execute the contract; 16.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $9,436.00 which is equal to 10% of the contract amount; 16.3 Authorize the transfer of $48,000.00 from the construction budget to the design budget for the additional design costs associated with a change to the project scope of work. 17 Professional Services Agreement for Pile Design Revisions and Review and Processing of Retaining Wall Changes for the Ovedand Ddve Overcrossina at Interstate Route 15 - Project No. PW95-11 RECOMMENDATION: 17.1 Approve a professional services agreement With TYLIN-InternationaI-McDaniel in an amount not to exceed $35,500 for foundation pile redesign and review of revised retaining walls for the Ovedand Ddve Overcrossing at Interstate Route 15 and authorize the Mayor to execute the contract; 17.2 Authorize the Acting City Manager to approve change orders not to exceed the contingency amount of 10% of the agreement amount. 18 19 Amendment No. I to Professional Services Agreement with Petre Gagtechnical, Inc. for the Rancho California Road/Interstate Route 15 Interchange- Proiect No. PW95-12 RECOMMENDATION: 18.1 Approve Amendment No. I to Professional Services Agreement between the City of Temecula and Petre Geotechnical, Inc. to provide additional Professional Inspection Services for the Rancho Califomia Road/Interstate Route 15 Interchange- Project No. PW95-12 - in an amount not to exceed $29,000.00 and authorize the Mayor to sign Amendment No. 1. Professional Services Agreement with Parsons Bdnckerhoff Quade & Douglas. Inc. for Additional Improvements for the Rancho California Road Interchance RECOMMENDATION: 19.1 Approve a Professional Services Agreement between the City of Temecula and Parsons Bdnckerhoff Quade & Douglas, Inc. to provide additional design for the Rancho Califomia Road Interchange Improvements for $45,503.00 and authorize the Mayor to execute the contract; 19.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $4,550.30 which is equal to 10% of the contract amount; 19.3 Appropriate $50,100.00 from the General Fund Unreserved fund balance to Consulting Services Line Item in the CIP Administration operating budget. 20 Authorization to Selidt Construction Bids for the Street Name Sign Replacement Project - Project No. PVV98-18 RECOMMENDATION: 20.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Street Name Sign Replacement - Project No. PW98-18. 21 Maroarita Road/Overland Ddve Street Iml~rovement Sewer Aoreernent will Pacific Century Homes for Work to be Performed durino Project No. PW97-07 RECOMMENDATION: 21.1 Approve the attached Agreement will Pacific Century Homes for the cost to install certain sewer improvements willin the Margadta Road/Overland Ddve Street Improvement - Project No. PVV97-07 - that is necessary to serve lie Pacific Century Homes project and authorize lie Mayor to execute the Agreement; 21.2 Increase the Construction Contingency by $25,360.00 to cover this additional work; 21.3 Approve an appropriation of $25,360.00 from Reimbursement Revenue to lie project account. 22 Professional Services Aoreement for Ovedand Ddve Overcrossino - Proiect No. PW95-11 RECOMMENDATION: 22.1 Approve a Professional Services Agreement for Construction Support Services for Ovedand Ddve Overcrossing - Project No. PW95-11 - to TYLIN Intemational- McDaniel for $38,270.00 and authorize the Mayor to execute lie contract; 22.2 Authorize the City Manager to approve change orders not to exceed lie contingency amount of $3,827.00 which is equal to 10% of the contract amount. 23 Acceleration of Budaeted Funds for Ovedand Ddve Overcrossino - Proiect No. PVV95-11 RECOMMENDATION: 23.1 Approve lie acceleration of $4,230,000.00 from lie Capital Improvement Budget for FY 1999-2000 to lie current FY1998-1999 budget for the Overland Ddve Overcrossing - Project No. PW95-11. 24 Second Readino of Ordinance No. 99-05 RECOMMENDATION: 24.1 Adopt an ordinance entitled: ORDINANCE NO. 99-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 9.14.010 AND 9.14.020 PROHIBITING THE CONSUMPTION OF ALCOHOLIC BEVERAGES AND POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES MOTION: Coundlman Roberte moved to approve Consent Calendar Item Nos. 1-9, 11-13, 15-22, and 24 (Item No. 10 was continued to the FebmaW 23, 1999, City Courtall meeting; Item Nos. 14 and 23 were pulled for separate discussion; see below). The motion was seconded by Councilman Lindemans and voice vote reflected unanimous approval with the exception of Mayor Pro Tem Stone who abstained with regard to Item No. 2.2. CONSENT CALENDAR ITEMS SEPARATELY DISCUSSED 14 Rancho Califomia Road at Interstate Route 15 - B~zloe Widening and Northbound Ramp Improvements- Proiect No. PVV95-12- Increase Construction ContinQencv RECOMMENDATION: 14.1 Authorize the Acting City Manager to approve change orders with Riverside Construction Company for Rancho Califomia Road at Interstate Route 15 - Bridge W'Klening and Northbound Ramp Improvements (Project No. PVV95-12) in an additional amount of $82,000.00 above the previously approved 10% contingency. In response to Mayor Pro Tem Stone, Public Works Director Kicek presented the staff report (as per agenda material) with Senior Engineer Hughes further clarifying the proposed change order increase, commenting on the unpredictable utility conflicts, and noting that the change orders for this project have been carefully reviewed and monitored by staff and that the proposed costs are justifiable. MOTION: Councilman Lindemans moved to approve staff recommendation. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. 23 Acceleration of Budeeted Funds for Ovedand Dd~e OvercrossinQ - Project No. PVV95-11 RECOMMENDATION: 23.1 Approve the acceleration of $4,230,000.00 from the Capital Improvement Budget for FY 1999-2000 to the current FY1998-1999 budget for the Overland Ddve Overcrossing - Project No. PVV95-11. Public Works Director Kicak reviewed the staff repod (of record). MOTION: Coundlman Comerchero moved to approve the staff recommendation. The motion was seconded by Mayor Pro Tern Stone and voice vote reflected unanimous approval. 9 PUBLIC HEARINGS 25 AOOeal Of the Planning Commission's Denial of Planninn ADOliCatiOn No. PA98-0347 (Develooment Plan1 - The desjan. construction and operation of 15 soeculative industrial/manufacturing/office buildinos totalina 81.885 sauare feet located on two DaneIs consisting of 6.02 acres with associated Darkinn and landscaping (located on the west side of Commerce Center Ddve adiacent to Murdeta Creek north of Via Montezuma) (Continued from the January 26, 1999, City Council meeting.) RECOMMENDATION: 25.1 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ' TEMECULA AFFRIMING THE ACTION OF THE PLANNING COMMISSION DENYING PLANNING APPLICATION NO. PA 98- 0347 DEVELOPMENT PLAN - THE DESIGN, CONSTRUCTION AND OPERATION OF 15 SPECULATNE INDUSTRIAL, MANUFACTURING, OFFICE BUILDINGS TOTALING 81,885 SQUARE FEET LOCATED ON TWO PARCELS CONSISTING OF 6.02 ACRES WITH ASSOCIATED PARKING AND LANDSCAPING LOCATED ON THE WEST SIDE OF COMMERCE CENTER DRIVE, ADJACENT TO MURRIETA CREEK, NORTH OF VIA MONTEZUMA, KNOWN AS ASSESSOR'S PARCEL NOS. 921-400-017 AND 921-400-044 In light of the submittal time of the information received from the application, Deputy City Manager Thornhill advised that staff was unable to provide it in the staff report and that staff has not had the opportunity to fully review the information which Mr. Markham will be orally reviewing. At this time, Mayor Ford opened fie public headng. Referencing submitted matadal of record (copies provided to the Councilmembers), Mr. Larry Markham, 41750 Winchester Road, representing the applicant, informed the Council of the applicant's willingness to construct a concrete block/tilt-up wall along the south side; reviewed the parking requirements for office, manufacturing, and warehouse uses, noting that the proposed project will exceed those requirements, as par the Development Code, by 54 spaces; and clarified that parking spaces are being assigned to each individual building, advising that there will be no shared parking. Mr. Markham further noted the following: that each individual owner will own the individual building pad and that the landscaping, driveways, and parking area will be owned by the property association; 10 · that the proposed CC&Rs have been provided to staff for review; · that the proposed development will as wall fall under the jurisdiction of the Winchester Commerce Centar's CC&Rs, which also prohibits outside storage; · that the potential tenants/owners have expressed a desire to retain the gatad areas; that the developer will provide fencing but that the gates will not be installed unless the particular buyer and/or tanant is desirous to have them installed at which time a gate could be installed at the owner's own accord; that the applicant has requested the imposition of two Conditions of Approval - one permitting the installation of fenring and gating after the recordation of the Final Map and after the formation of the property association and another condition prohibiting outside storage. If the Coundl were to disapprove of the proposed fenring and gating plans, Mr. Markham noted that the applicant would request that the Coundl approve, at a minimum, fendrig between the vadous units to deady delineate the individual parking areas for each unit. VV'~h respect to a suggestion mentioned at the January 26, 1999, City Coundl meeting, Mr. Markham advised that the placement of a front gate for the overall project would not be feasible in that it would limit off- hour deliveries. Addressing the concem with regard to outside storage and related Code enforcament, Mr. Markham, for Coundlman Comerchero, advised that with the Coundl's imposition of a Condition of Approval prohibiting outside storage, the City would have measures in place to address such a violation. Coundlman Lindemans requested that the proposed individual unit fenring be higher and that it be moved back, ensudng enough room four parked cars, and that the proposed fendrig, for the middle units, be removed. By way of overheads, Mr. Markham furlher elaborated on the proposed fenring and gating plan, noting that the applicant, at a minimum, would request that the delineating fences be approved with no gates. Mr. Markham advised that if gates were approved, the necessary access would be provided to the Fire Department. It was noted, by Mr. Markham, that the parcel merger has been filed but that it was put on hold after the Planning Commission headng. City Attomey Thorson advised that the City Coundl may impose a Condition of Approval requiring the removal of the fenring within a specified time if outside storage ware to occur; noted that pdor to enfordng the condition, the Planning Commission must hold a public heedng to determine failure of adhedng to the Condition of Approval; suggested that the Coundl approve two Conditions of Approval - one to prohibit outside storage and another which would address the number of allowable violations pdor to it being reviewed by the Planning Commission for possible revocation of the fenring; and clarified that imposition of a condition with regard to the outside storage would grant the City the authority to address this issue. Deputy City Manager Thomhill advised, for Mayor Ford, that each property must adhere to its own parking requirements and if those requirements are not met, the owner must apply for an adjustment. 11 Commenting on the City's need for such units and noting that once a business outgrows such a unit and parking requirements are no longer met, the owner/tenant could relocate to a larger site within the City; therefore, in light of the proposeS changes, Mayor Pro Tern Stone, echoed by Coundlman Roberts, spoke in support of the request. ~ As well commenting on the City's neeS for such a project, Deputy City Manager Thornhill spoke in support of the proposed project with the proposed changes relative to fenring material, block wall, conditions of approval with regard to outside storage and number of allowable violations pdor to it requiring a Planning Commission public headrig. Mr. Thornhill noted that the Fire Department had expressed no concem with regard to this project. Echoing Mayor Pro Tern Stone's comment with regard to the City's need for such a project, Coundlman Comerchero relayed his apprehension with regard to the fencing but advised that his pdmary concem was with regard to the outside storage, noting that this concem has been addresseS. Although he would favor the elimination of additional fencing, Coundlman Comerchero relayeS his support of the project if the elimination of the gates ware acceptable. If the center gates ware removed, Coundlman Lindemans relayeS his suppod of the project. Following some additional discussion with regard to the fenring and the gates, it was the consensus of the City Coundl that the fenring be sat beck two parking spaces for each unit, thereby, providing additional room in front of the gate and less room behind the gate and, thereby, decreasing the potential space for outside storage. Mr. Markham voiced no objection to Coundl's recommendation to set the fenring further back and as well agreed to eliminate the center gates (6 total) but relayed the applicent's desire to retain the cross fenring to propedy delineate parking spaces par unit. In response to City Attorney Thorson's comments, the following motion was offered: MOTION: Mayor Pro Tern Stone moved to direct staff to amend the proposed resolution to appropriately reflect the changes as recommended by the City Coundl and to agendize the matter for the February 23, 1999, City Coundl meeting. The motion was seconded by Coundlman Robeds and voice vote reflected unanimous approval. At 9:04 P.M., Mayor Ford called a short recess and reconvened the meeting at 9:16 P.M. 26 Ao~eai of the Planninn Commission's Aporoval of Plannino ADDlication No. PA98-0219 (Conditional Use Permit) - Cox Communications Wireless Personal Communications System (PCS) with antennas mounted atop a 60-fdot high monopole disguised as an evetureen pine tree ("mortopine") at the Rancho California Water District water tank site at 3100 Rancho California Road RECOMMENDATION: 26.1 Adopt a Notice of Exemption for Planning Application No. PA98-0219; 26.2 Adopt a resolution entitled: 12 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. PA98-0219 (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 SIX (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 ASSESSOWS PARCEL NO. 953-060-022 Although staff had as well expressed some concem with regard to the aesthetics of the proposed monopole, Deputy City Manager Thornhill presented the staff report (of record) and advised that, in light of given studios indicating that such facilities pose no health problems, staff has no concem with regard to this issue; and advised that the zoning for this facility is in conformance with the City's General Plan. City Attomey Thorson noted that Councilman Lindemans had appealed this matter on the basis of the importance of the issue and the need for the City Council to reviow it; advisad that the appeal documents are contained in the record; and noted that the applicant has the burden of proof. In response to the residents' concam relative to health threats posed by such a facility, City Attorney Thorson referenced the opinions of several experts in the electromagnetic emissions field which is that there are not health dsks associated with such facilities. Mr. Thorson as well referenced Federal law which states that no State or local government may regulate the placement, construction, or modification of personal wireless service fadlities on the basis of environmental affects of electromagnetic emissions. He noted that the Federal government has assumed jurisdiction over this issue which precludes any State/County/City regulations. At this time, Mayor Ford opened the public headng. Mr. Greg Moralson, representing Cox Communications, addressed several concems/questions from the City Council, noting the following: · that the Pacific Bell site is 50' high and that it was constructed in 1996 pdor to the construction of the existing homes; · that alternative sites were explored but in light of the existing water tank and the existing pole viewed this as the most suitable location; · that the proposed pole could be 60' high but that the extra brancl~es for aesthetic purposes raises the height to 65'; · that he has attempted to address the residents' concems with regard to the health issues in vadous ways including written communications from the Amedcan Cancer Society; Mr. Mordson providad additional explanation of radio signal frequency; · that the 65' pole raises no FAA concerns; 13 · that a majodty of the pole will be located behind the existing water tank and that the residents will actually see approximately 30' of the pole; · that additional foliage could be provided to further address the aesthetic appearance and to hide the panels; · that the Ih expectancy of the fake foliage is approximately 5 to 10 years, advising that the Planning Commission had added a condiUon requiring inspection of the foliage every couple of years to ensure aesthetic maintenance. Mr. Paul Gonzalez, rapresenting the Water District, informed the Coundlmembers that he was in attendance to answer any questions and/or concerns. Referandng the FCC's ruling regarding the placement, construction, and rnodificetion of personal wireless services, Mr. Larry LeDoux, 32004 Medot Crest, noted that the ruling does provide the local agency the ability to regulate placement of such radiities and stated that the City may deny such a fadlity. Concuffing with Mr. LeDoux's comment, Mayor Pro Tern Stone noted that the City may deny such a facility as long as it is not based on health concerns as preempted by the Federal government. Viewing the proposed project as visually unacceptable, Mr. Frank DiGiacomo, 32032 Medot Crest, relayed his opposition to the proposed project and suggested that the City Coundl determine whether or not there may be a conflict of interest between the Board Members for Cox Communications and the Water District. In response to Mr. DiGiacomo's comment, Mayor Pro Tern Stone noted that the Board Members of the Water Distdct are elected offidals and, therefore, must adhere to annual filing requirements of the Fair Politicel Practice Commission. Submitting a petition in objection to the project, Mr. Shawn Biede, 32016 Medot Crest, questioned the cumulative impact additional fadlities of this kind would have on the noted health concems; viewed the public notification process for this project as limited; objected to the visual appearance of this fadlity; and stated that such a facility should not be located in a residential area. City Attomey Thorson noted that the City may deny this project as long as substantial evidence can support the denial and that it not be related to aesthetic appearance. Mayor Pro Tem Stone suggested that the height of the tower be lowered. Councilman Lindemans relayed his concerns with such radiities with regard to aesthetic appearance and health issues. : Viewing the site as aesthetically unpleasing, Councilman Roberts as wall commented on the cumulative impacts such fadlities may have on the health issues and, therefore, suggested the exploration of another location. Referendng the communication from the Arnedcen Cancer Society, Mayor Pro Tem Stone voiced no concem with regard to electromagnetic emissions; noted that the area of discussion has bean zoned to accommodate a fadlity such as the one which is being proposed; objected to the proliferation of such poles and, therefore, suggested that the Zoning Ordinance be 14 readdressed end that architectural guidelines for such facilities be created; and staid that such facilities should require regularly scheduled evaluations to address health concerns. If this project were approved, Mr. Stone suggested the forTnation of a subcommittee comprised of City Councilmembers and the residents in order to create a suitable design. Although echoing the concem of cumulative impact of such facilities, Councilman Comerchero spoke in support of the project but relayed his desire that pedodic maintenance inspections be conducted as 'imposed by the Planning Commission and further clarified that such inspections should be conducted every two years. Although he is not of the opinion that these type of facilities create a health dsk, Mayor Ford relayed a concem as to the proliferation of such facilities. If the City were to deny this project, Mr. Ford noted that the project would be appealed at which time the City would have no enforcement guidelines. Mayor Ford suggested that Cox Communications explore alternative sites. Noting that although the zoning for the site is accurate, Mr. Ford advised that such zoning was initially intended for the Water Distdct tank. City Attomey Thorson suggested fiat the public headng not be closed in order to give the applicant the opportunity to investigate altemative sites as well as to explore alternative foliage coverings for aesthetic purposes. MOTION: Councilman Comerchero moved to keep the public headng open and to direct staff to address with the applicant altemative sites as well as address the aesthetic appearance and that the matter be continued to the March 23, 1999, City Council meeting. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. COUNCIL BUSINESS 27 Award of Construction Contract for Pale Road Bddoe Proiect- Prolect No. PW97-15 - Federal Project No. BRLS-5459(003) RECOMMENDATION: 27.1 Award a construction contract for the Pala Road Bddge Project - Project No. PW97- 15 to Granite Construction Company in the amount of $4,398,574.00 and authorize the Mayor to execute the contract; 27.2 Authorize the Acting City Manager to approve change orders not to exceed the contingency amount of $439,857.40, which is equal to 10% of the contract amount; 27.3 Accelerate the funding by transferring the budgeted amounts in FY 1999-2000 to FY 1998-1999. The total amount of transfer is $4,600,700.00 to the vadous accounts as follows: · Environmental $ 780,000.00 · Administration $ 820,700.00 · Construction $3,000,000.00 15 Director of Public Works Kicak reviewed the staff report including the amended supplemental matedal (of record) and provided darffication as to the timing of the vadous phases of this project. MOTION: Coundlman Roberts moved to approve staff recommendation. The motion was seconded by Mayor Pro Tem Stone and voice vote reflected unanimous approval. CITY MANAGER'S REPORT On behalf of City staff, Acting City Manager Nelson wished retiring Public Works Director Kicak and his wife a joyous retirement and noted that Senior Engineer Hughes will be serving as the Acting Public Works Director. In dosing, ha wished his wife, Stephanie, a Happy Birthday. In light of the contributions the City has bene~ted as a result of retidng Public Works Director Kicak's experience and background, Mayor Pro Tem Stone requested that the naming of the Public Works Yard be agendized for the next City Coundl meeting and suggested that it be named the Joe Kicak Public Works Yard. CITY ATTORNEY'S REPORT City Attomey Thorson advised that them were no reportable actions from the Closed Session under the Brown Act. ADJOURNMENT At 10:40 P.M., Mayor Ford formally edjoumed the City COundl meeting to Thursday, February 18, 1999, 5:00 P.M., for the purpose of Closed Session with a Workshop meeting scheduled at 6:00 P.M., City Coundl Chambers, 43200 Business Park Ddve, Temecula, California. ATTEST: "~teven J. Ford, Mayor Susan W. Jones, · rk [SEAL} 16