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