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.
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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
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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.
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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.)
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6
7
8
9
10
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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;
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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:
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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.
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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.
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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:
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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.
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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:
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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
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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.
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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:
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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.
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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.
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