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HomeMy WebLinkAbout062497 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD JUNE 24, 1997 FXIrCUTIVI= SFSSION A meeting of the City of Temecula City Council was called to order at 6:30 PM. It was duly moved and seconded to adjourn to Executive Session at 6:30 PM, pursuant to Government Code Sections: 1. §54956.9(a), Pending Litigation, Rider v. City of San Diego, et al. 2. §54956.9(a), Pending Litigation, Zonos v. City of Temecula. The motion was unanimously carried. The Executive Session was adjourned at 7:05 PM. A regular meeting of the Temecula City Council was called to order at 7:10 PM at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Mayor Birdsall presiding. PRESENT 5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. PRELUDE MUSIC The prelude and intermission music was provided by Melanie Hope. INVOCATION The invocation was given by Reverend George Simmons, House of Praise. PLEDGF OF ALLEGIANCE The audience was led in the flag salute by Mayor Pro Tern Roberts. PROCLAMATION/PRESENTATIONS Mayor Birdsall proclaimed the week of June 23-29, 1997 to be "Amateur Radio Week." Mr. Harm Wyma, Vice President of the Temecula Valley Radio Club, thanked the City Council for the proclamation. Mayor Birdsall proclaimed the month of June, 1997 to be "Resources for Youth Month." Minutes\06\24\97 - 1 - O7/10/97 Citv Council Minutes June 24. 1997 City Manager Ron Bradley recognized the educational achievements of Director of Support Services/City Clerk June S. Greek and Deputy Director of Support Services Susan W. Jones. He announced that June Greek received her AAE, Advanced Academy Education Award and Susan Jones received her CMC, Certified Municipal Clerk designation. CITY COUNCIL REPORTS Councilmember Ford reported on the presentation made to the Riverside County Board of Supervisors regarding Murrieta Creek. Mayor Pro Tem Roberts requested that staff assign Max Gilliss, Traffic Consultant, the task of working with CalTrans to get a center divider barrier on I-15 installed. Councilmember Lindemans requested that his appeal of the Temecula Community Services District Board of Director's decision, regarding the rates and charges for golf courses, be placed on an upcoming agenda. Councilmember Stone requested staff look into providing safe pedestrian and bicycle east to west access under the Pala Road bridge. Mayor Birdsall stated she accepted on behalf of the City a Special Friend Award from the Friends of the Library, and asked it be hung in the Council Conference Room. CITY ATTORNEY REPORT City Attorney Thorson reported on Executive Session actions that he was directed to file an Amicus Curiae Brief in the matter of Rider vs. The City of San Diego. He also reported he received direction on the Zonos v. City of Temecula pending litigation. PUBLIC COMMENTS None given. CONSENT CALENDAR Mayor Birdsall removed Item No. 13 from the agenda at staff's request. She also registered a "no" vote on Items 7 and 10. Mayor Birdsall removed Item 22 from the Consent Calendar so that a letter could be read into the record. It was moved by Councilmember Lindemans, seconded by Councilmember Stone to approve Consent Calendar Items 1-12, 14-21 and 23, with Mayor Birdsall voting "no" on Items 7 and 10. The motion carried as follows: Minutes\06\24\97 -2- O7/10/97 Citv Council Minutes June 24. 1997 AYES: 5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall None None NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: Standard Ordinance Adol;;)tion Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Resolution ADDroving List of Demands 2.1 Adopt a resolution entitled: RESOLUTION NO, 97-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Rel~ort as of Agril 30. 1997 3.1 Receive and file the City Treasurer's Report as of April 30, 1997. Temecula Creek Channel - Alcoba Drive Storm Drain Project No. 7-0-0046 Tracts No. :7418? and :74185 Cool;)erative Agreement 4.1 Approve Temecula Creek Channel - Alcoba Drive Storm Drain Project No. 7-0- 0046 Tracts No. 24182 and 24185 Cooperative Agreement with the Riverside County Flood Control and Water Conservation District and the Newland Associates, Inc.; 4.2 Authorize the execution and attestation of such agreement in its final form by the City Manager and City Clerk. Tract Mal;;) No. ?8309 (Located on the Southerly Side of Nicolas Road between Villa Venecia and Via Lobo) 5.1 Approve Final Tract Map No. 28309, subject to the Conditions of Approval. Accel;)t Public Iml~rovements and Acknowledge Coml~letion of Private Iml;)rovements in Parcel Mal~ :77714 (Located East of Ynez Road, between Solana Way and Rancho California Road) Minutes\06\24\97 -3- 07/10/97 __ Citv Council Minutes June 24. 1997 6.1 Accept public improvements and acknowledge completion of private improvements in Parcel Map No. 27714; 6.2 Authorize reduction in Faithful Performance Bond amounts to the warranty level, initiation of the warranty period, and release of the Subdivision Monument Bond; 6.3 Direct the City Clerk to so notify the Developer and Surety. Completion and Acceptance of the Walcott Corridor. Project PW94-10 7.1 Accept the Walcott Corridor, Project PW94-10, as complete; 7.2 Direct the City Clerk to file the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; 7.3 Direct the City Clerk to release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. The motion carried as follows: AYES: 4 NOES: 1 ABSENT: 0 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone COUNCILMEMBERS: None COUNCILMEMBERS: None Accept Public Improvements in Tract No. 73175-? (Located Northeasterly of the intersection of Butterfield Stage Road at De Portola Road) 8.1 Accept the public improvements in Tract No. 23125-2; 8.2 Authorize reduction in the Faithful Performance Bond amounts for street, and water and sewer system improvements to the ten-percent warranty level, initiation of the one-year warranty period, and release of the Subdivision Monument Bond; 8.3 Direct the City Clerk to so advise the Developer and Surety. Acceptance of Public Streets into the City-Maintained Street System (Within Tract No. 731:25-2) (Located Northeasterly of the intersection of De Portola Road at Butterfield Stage Road) 9.1 Adopt a resolution entitled: Minutes\06\24\97 -4- 07/10/97 _ City Council Minutes June 24. 1997 10. RESOLUTION NO. 97-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 23125-2} Accel;)tance of Public Street into the City-Maintained Street System along the Walcott Corridor. Project PW94-10 10.1 Adopt a resolution entitled: RESOLUTION NO. 97-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY- MAINTAINED STREET SYSTEM ALONG THE WALCOTT CORRIDOR, PROJECT PW94-10 The motion carried as follows: AYES: 4 NOES: 1 ABSENT: 0 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone COUNCILMEMBERS: Birdsall COUNCILMEMBERS: None 11. 12. Del;)artment of the Army Permit (Los Angeles District. U.S. Army CorDs of Fngineers - Permit No. 94-01047-ES) for the Construction of the Pala Road Bridge across Temecula Creek 11.1 Accept the conditions, approve the permit, authorize the Mayor to sign the Department of the Army Permit (Los Angeles District, U.S. Army Corps of Engineers - Permit No. 94-01047 - ES) for the construction of the Pala Road Bridge across Temecula Creek. 11.2 Direct the City Clerk to mail both signed copies of the Permit to the U.S. Army, Los Angeles District Corps of Engineers. Establishment of Underground Utility District No. 1 (Prol;)erties within the Area Bordered by Winchester. Ynez. Margarita Road. the Extension of Overland Drive and Portions of N. General Kearney) Minutes\06\24\97 -5- 07/10/97 Citv Council Minutes June 24. 1997 14. 15. 16. 17. 12.1 Adopt a resolution entitled: RESOLUTION NO. 97-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH UNDERGROUND UTILITY DISTRICT NO. I AND ORDER REMOVAL OF OVERHEAD UTILITY FACILITIES AND THE INSTALLATION OF UNDERGROUND FACILITIES WITHIN SAID DISTRICT Contract for Professional Services with C.M. Gilliss. Consultant 14.1 Approve Amendment I to the Agreement for Professional Services with C.M. Gilliss, Consultant, to increase the scope of services provided to the City. City Attorney Services 15.1 Approve Amendment 1 to the Agreement for City Attorney Service to reflect the hourly rates for services provided beginning July 1, 1997. Acceptance of Slope Easements and C)uitclaim to the Temecula Community Services District - Tract No. 23125-3 (Located on De Portola Road East of Butterfield Stage Road) 16.1 Adopt a resolution entitled: RESOLUTION NO. 97-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN OFFERS OF DEDICATION MADE TO THE CITY OF TEMECULA FOR PURPOSES OF MAINTAINING PERIMETER SLOPES/LANDSCAPING WITHIN TRACT NO. 23125-3 AND AUTHORIZING THE QUITCLAIM OF SAID MAINTENANCE AREAS TO THE TEMECULA COMMUNITY SERVICES DISTRICT 16.2 Approve the quitclaim deed to TCSD and authorize the Mayor to execute said quitclaim deed on behalf of the City. Resolution Adopting FY 1997/98 Solid Waste Rates 17.1 Approve Amendment No. 2 to the Solid Waste Franchise Agreement with CR&R Incorporated to modify the Consumer Price Index data used to annually adjust the solid waste service rates. Minutes\06\24\97 -6- 07/10/97 Citv Council Minutes June 24. 1997 18. 19. 20. 17.2 Adopt a resolution entitled: RESOLUTION NO. 97-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SOLID WASTE RATES FOR FISCAL YEAR 1997/98 Professional Services Agreement with Engineering Ventures. Inc. for Cosmic Drive and Agena Street Sidewalk Improvement Project No. 6 18.1 Approve the Professional Services Agreement between the City of Temecula and Engineering Ventures, Inc., for the design of Cosmic Drive and Agena Street Sidewalk Improvement Project No. 6 for $12,500.00 and authorize the Mayor to execute the contract; 18.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $1,250.00, which is equal to 10% of the contract amount. Approval of Election Resolutions 19.1 Adopt a resolution entitled: RESOLUTION NO. 97-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, REQUESTING THE SERVICES OF THE COUNTY REGISTRAR OF VOTERS TO CONDUCT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 1997 19.2 Adopt a resolution entitled: RESOLUTION NO. 97-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 1997, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES Memorandum of Understanding with the General Employees 20.1 Approve the Memorandum of Understanding (M.O.U.) between the City and General employees, represented by Teamsters Local 911. Minutes\06\24\97 -7- 07/10/97 City Council Minutes June 24, 1997 21. Management Compensation Plan 21.1 Adopt a resolution entitled: RESOLUTION NO. 97-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SALARY AND BENEFIT CHANGES TO UNREPRESENTED CONFIDENTIAL, MANAGEMENT, AND EXECUTIVE MANAGEMENT EMPLOYEES 21.2 Adopt the Management Compensation Plan. 23. Computer Purchases for Redevelopment. Community Development. and the City Manager Departments 23.1 Approve an expenditure of 820,506.98 from the Information Systems Internal Service Fund for the purchase of eight (8) computer work stations from Valley Micro Computers. 22. Ratification of City Council Sub-Committee City Clerk June Greek read into the record a letter from Jerry Ragier, requesting that Temecula Valley High School student Tara Dobbs be included on the City Council Sub- Committee. It was moved by Councilmember Lindemarts, seconded by Councilmember Stone to approve staff recommendation as follows: 22.1 Approve ratification of a City Council Sub-Committee, comprised of Councilmembers Ron Roberts and Jeff Stone, to work with the School District on various traffic improvement projects at Temecula Valley High School. The motion was unanimously carried. COUNCIL BUSINESS 24 Review and Adoption of the FY 1997-98 Annual Operating Budget City Manager Bradley presented the staff report and thanked Finance Director Genie Roberts, Assistant Finance Director Tim McDermott and Senior Management Analyst Allie Kuhns for their efforts on preparing this document. Mayor Birdsall corrected a typographical error in the Schedule of Authorized Positions; she stated the Information Specialist position is listed as non-exempt and should be exempt. Minutes\06\24\97 -8- 07/10/97 City Council Minutes June 24. 1997 Mayor Pro Tem Roberts stated the $150,000 set aside for library funding may not be needed, and asked that any funding not expended be designated to go into a library building fund, instead of back into the general fund. It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Stone to approve staff recommendation as follows: 24.1 Adopt a resolution entitled: RESOLUTION NO. 97-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADOPTING THE FY 1997-98 OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS FOR THE VARIOUS DEPARTMENT BUDGETS 24.2 Adopt a resolution entitled: RESOLUTION NO. 97-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, REVISING THE SCHEDULE OF AUTHORIZED POSITIONS The motion was unanimously carried. RECESS Mayor Birdsall called a recess at 8:10 PM. 25 The meeting was reconvened at 8:25 PM. Implementation of Special Tax - Measure C Community Services Director Shawn Nelson presented the staff report. It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Stone to approve staff recommendation as follows: Minutes\06\24\97 -9- 07/10/97 City Council Minutes June 24. 1997 26 25.1 Adopt a resolution entitled: RESOLUTION NO. 97-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 1997-98 TO PROVIDE FOR RECREATION AND COMMUNITY SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS 25.2 Adopt a resolution entitled: RESOLUTION NO. 97-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING PROCEDURES FOR APPEALING THE APPLICATION OR IMPLEMENTATION OF THE SPECIAL TAX TO PROVIDE FOR RECREATION AND COMMUNITY SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS 25.3 Approve a Cooperative Agreement between the City of Temecula and the Temecula Community Services District to provide for and finance the continued operation, maintenance and administration of the City's parks, recreation, and street lighting programs. The motion was unanimously carried. Adoption of the FY 1998-07 Capital Improvement Program City Attorney Thorson announced that the Capital Improvement Program does include improvements for Old Town Area, therefore Councilmember Stone may discuss all improvements except Old Town projects, and must abstain from overall priority voting, City Manager Bradley presented the staff report. Mayor Pro Tem Roberts stated the signal at Margarita and Yukon was added to the City- wide Signal Installation Program as a direct result of the Shell Station Appeal, in an effort to mitigate the concerns of surrounding residents. It was moved by Councilmember Lindemans, seconded by Mayor Pro Tem Roberts to approve staff recommendation as follows: Minutes\06\24\97 -10- 07/10/97 Citv Council Minutes June 24. 1997 27 26.1 Adopt a resolution entitled: RESOLUTION NO. 97-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FOR FY 1998-02 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 1997-98 The motion was unanimously carried, with Councilmember Stone abstaining on all Old Town projects. Massage Ordinance Community Development Director Gary Thornhill presented the staff report. Councilmember Lindemans expressed concern regarding Section (P), which prohibits massage services being rendered at a residence. Councilmember Stone also expressed concern over this provision. Mayor Pro Tern Roberts asked if all massage establishments were notified. Community Development Director Gary Thornhill stated that due to the request this be placed on the next agenda, massage establishments were not notified. He stated, however, this does not need to be acted upon at this meeting. Mayor Birdsall asked Captain Labahn if any problems have been created by massage parlors in the City of Temecula. Captain Labahn reported that in the past 12 months, three arrests have been made at massage establishments for violations of penal code, and multiple violations of the City's massage ordinance. Debra Hill, owner of Joseph Lambert Aesthetic Centre, expressed concern over requirements for private lockers and showers. She also expressed concern regarding the requirement that both the therapist and owner must pay a fee. Councilmember Stone stated in the proposed ordinance, there is no mandate for showers and if adopted, fees will be established by resolution and he will be sensitive to these concerns. Leslie Gregory, 44671 Clover Lane, requested the City continue to the use the County Ordinance that is currently in place. Mary Louise Muller, 39582 Via Temprano, Murrieta, stated she feels this is an anti- prostitution ordinance, and would like to see the issue of prostitution separated from the massage ordinance. She suggested getting a team of massage therapists together to work with the City on this ordinance. Minutes\06\24\97 - 11 - O7/10/97 City Council Minutes June 24. 1997 Dana Osborne, 31881 Camino Marea, stated she approves of a dress code but has concerns stating the proposed ordinance would restrict massage therapists from entering into contracts with private resorts to perform massage. Sandy Stokes, 47531 Pala Road, owner of Body and Soul Massage, stated their business is based on performing massage services in homes or offices and the proposed ordinance would put them out of business. Sherry and Ed Redondo, P.O. Box 1582, stated they are patients, not practitioners. Ms. Redondo stated in-home massage therapy was very important to her when she injured her back. She also asked that names and addresses of patrons remain confidential. Bill Stokes, 47531 Pala Road, Body and Soul Massage, asked that the Council not put restrictions on legitimate businesses which will restrict their ability to do business. Community Development Director Gary Thornhill agreed several issues need to be addressed and suggested this be continued off calendar so this process can begin. Barbara Broderick, 42176 Stonewood Road, stated she is concerned that all massage therapists that work with doctors also be notified. City Manager Bradley asked if there is a listing, whereby notification is possible. It was determined that the City's Business Licenses would be utilized. It was moved by Councilmember Lindemans, seconded by Mayor Pro Tem Roberts to continue this matter off calendar. The motion was unanimously carried. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT None given. Minutes\06\24\97 -12- 07/10/97 Citv Council Minutes June 24. 1997 ADJOURNMENT It was moved by Councilmember Lindemans, seconded by Councilmember Ford to adjourn at 9:25 PM to a meeting on July 1, 1997, 7:00 PM, Joint City Council/Planning Commission Meeting, Temecula City Hall, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried. Patricia H. Birdsall, Mayor ATTEST: Ju~eek, CMC/AAE, City Clerk Minutes\06\24\97 -13- 07/10/97