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."
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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:
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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)
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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:
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_ 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)
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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.
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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.
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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.
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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:
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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:
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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.
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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.
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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
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