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HomeMy WebLinkAbout111808 CC Minutes MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL ' NOVEMBER 18, 2008 There being no Closed Session, the City Council convened its regular meeting at 7:00 p.m. on Tuesday, November 18, 2008, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Council Members: Comerchero, Edwards, Washington, Naggar Absent: Council Members: Roberts PRELUDE MUSIC The prelude music was provided by the Musicians Workshop INVOCATION The invocation was provided by Pastor Brent Yim of Temecula Community Church PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Mayor Pro Tern Edwards ' PRESENTATIONS/PROCLAMATIONS Ninth Annual Community Candlelight Tribute Day Proclamation Proclaiming Saturday, December 6, 2008, as "Remembering Those We've Loved and Lost" Mayor Naggar encouraged all citizens of Temecula and surrounding communities to participate in the Ninth Annual Community Candlelight Tribute Day to be held at the Promenade Mall. Happily accepting the proclamation and thanking the City Council for its ongoing support of the tribute, Ms. Linda Mejia and Sergeant Barragan, retired USMC, invited the public to attend the event. Family Night in Temecula Proclamation Because strong families create strong communities and promote healthy social conditions, Mayor Nagger proclaimed Monday, November 24, 2008, to be Family Night in Temecula. Thanking the City Council for recognizing the importance of Family Night in Temecula, the Interfaith Council accepted the proclamation and invited the public to attend the Night of Gratitude on Monday, November 23, 2008, at the Temecula United Methodist Church at 7:00 p.m. Council Member Washington applauded the Interfaith Council and gave kudos to the ' Community Services Department for its implementation of FAM night. R:wlinutes\111808 1 Mayor Naggar advised that the following businesses are offering discounts to families on ' Monday Nights: • Islands • White Lime Frozen Yogurt • Phillies Best • Dip-n-Dots • The Bank • Baja Cactus • The Taco Shop • Rubios • Pat and Oscar's • Pizza Factory - French Valley location • Wolf Creek Grill • Tacos Tijuana • Painted Earth • Yogurt Factory • Perks - Temecula location • Juice It Up • Easy Take Out • Rosa's Cantina • Kapani Island Grill & Sushi • La Salsa The following individuals represent the Murrieta/Temecula Interfaith Council: • Mr. Rudy Martinez, Temecula United Methodist • Ms. Su Billings, Church of Jesus Christ of Latter-Day Saints • Mr. Ed Langton, Christian Science Society • Ms. Nancy Lewis, Christian Science/Temecula • Mr. Larry Slusser, Church of Jesus Christ of Latter-Day Saints • Ms. Lanae Turley-Trejo, Church of Jesus Christ of Latter-Day Saints • Ms. Gayle Byrne, Temple Beth Shalom/Menifee • Mr. Mahmoud Harmoush, Imam Islamic Center/Temecula • Mr. Mike Torretti, St. Martha Catholic/Murrieta • Rabbi Barry Ulryeh, Congregation B'Nai Chaim Mayor Naggar thanked the Interfaith Council for attending the meeting. PUBLIC COMMENT A. Mr. John Collins, as Ebenezer Scrooge of the Temecula Valley Players, invited the public to attend the production of "A Christmas Carof', noting that opening night will be on Friday, November 30, 2008, and advising that discounts will be available to sworn officers, fire fighters, teachers, and military with proper identification. B. Congratulating the reelected Council Members, Mr. Bernard Truax, queried on the status ' of the future freeway interchange. With respect to Mr. Truax's query, Mayor Naggar suggested that he contact the City Manager with respect to a status of the future freeway interchange. R:\Minutes\111808 2 CITY COUNCIL REPORTS A. Council Member Washington relayed his sincere gratitude to the residents of Temecula ' for allowing him to continue to serve the City of Temecula; provided a special thank you to his wife, Kathy. In light of information that he has received from the residents, Mr. Washington expressed a desire to create a community volunteer program and requested that the City Manager explore potential ways of facilitating such a program. B. Supporting Council Member Washington's suggestion of a community-based volunteer program, Council Member Comerchero congratulated Mayor Naggar and Council Member Washington on their reelection. C. Mayor Pro Tern Edwards as well congratulated Mayor Naggar and Council Member Washington on their reelection and advised of the upcoming Winter Wonderland Event on Friday, December 12, 2008, from 6:00 to 8:30 p.m., noting that more information could be found at www.pennypickles.org. D. Thanking the citizens on his reelection, Mayor Naggar relayed his dedication to continuing to move forward as a community; announced that Chapman College will be locating at Mt. San Jacinto Education Center; advised that the subcommittee for Cal State San Marcos will be recruiting board members to explore locations for a campus in the region; and requested that staff ensure that the City's ancillary services are up to standards. E. With respect to the fires in Sylmar, Mayor Pro Tern Edwards thanked Mr. Fred Perkins for donating his time and much needed supplies to the cause. ' CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of October 14, 2008; 2.2 Approve the minutes of October 28, 2008. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: ' RESOLUTION NO. 08-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A R:\Minutes\111808 3 4 City Treasurer's Report as of September 30, 2008 ' RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of September 30, 2008. 5 Review of City Conflict of Interest Code RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 08-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CITY'S CONFLICT OF INTEREST CODE 6 Request for approval of a one-story height increase for the Truax Building, Planning Application No. PA08-0008, located at the northwest corner of Mercedes and Second Streets RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 08-96 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A HEIGHT INCREASE OF ONE-STORY FOR PLANNING APPLICATION NO. PA08-0008, LOCATED AT THE NORTHWEST CORNER OF MERCEDES AND SECOND STREETS (APN NOS. 922-043-012 AND 922-043- 017) 7 Tenth Amendment to the Joint Exercise of Powers Agreement between the City of Temecula and the Riverside County Habitat Conservation Agency RECOMMENDATION: 7.1 Approve the Tenth Amendment to the Joint Exercise of Powers Agreement creating the Riverside County Habitat Conservation Agency 8 Second Amendment to Aqreement for Consultant Services with Environmental Science Associates (ESA) for the Santa Margarita Area Annexation Environmental Impact Report (EIR) RECOMMENDATION: 8.1 Approve an Amendment to the Agreement for Consultant Services with ESA in the amount of $20,000 to complete the preparation of an Administrative Final EIR, ' including responses to comments for the Santa Margarita Area Annexation. R:\Minutes\111808 4 9 Community Grant Agreement with the Temecula Sister City Association ' RECOMMENDATION: 9.1 Approve a grant in the amount of $7,500 for the Temecula Sister City Association for fiscal year 2008-2009. 10 Membership Appointment on Riverside County Solid Waste Management Advisory Council RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 08-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING REPRESENTATION ON THE RIVERSIDE COUNTY SOLID WASTE MANAGEMENT ADVISORY COUNCIL 10.2 Direct the City Manager to appoint a representative to the Riverside County Solid Waste Management Advisory Council. 11 Approval of the Pre-Qualified Contractors for Structured Data Cable for the Old Town Civic Center, Project No. IS 08-08 (Phase 2) RECOMMENDATION: ' 11.1 Approve the list of data cable vendors, outlined below, as Pre-Qualified installers with CommScope SYSTIMAX certifications and eligible to submit bids for Structured Data Cable for Phase 2 of the Old Town Civic Center Project. 12 Temecula Valley City County Schools Partnership (at the request of Mayor Pro Tern Edwards and Council Member Washington in conjunction with Temecula Valley Unified School District Board President Barbara Tooker) RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 08-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO ESTABLISH THE TEMECULA VALLEY CITY COUNTY SCHOOLS PARTNERSHIP 12.2 Adopt a resolution entitled: RESOLUTION NO. 08-99 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUPPORT EMANCIPATING FOSTER YOUTH THROUGH THE TEMECULA VALLEY CITY COUNTY SCHOOLS PARTNERSHIP R:\Minutes\111808 5 13 Authorize Temporary Street Closures for Santa's Electric Light Parade on December 5, 2008, and Delegate Authority to issue Special Events/Street Closures Permit to the Director of Public Works RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 08-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURES FOR JEFFERSON AVENUE AND ABUTTING STREETS FROM RANCHO CALIFORNIA ROAD TO OVERLAND DRIVE AND ALSO THE LOW FLOW CROSSING AT VIA MONTEZUMA AT DIAZ ROAD FOR SANTA'S ELECTRIC LIGHT PARADE ON DECEMBER 5, 2008, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 14 Acceptance of certain Public Streets into the City-Maintained System within Tract Map Nos. 29798-1, -2, -3. -5. -6, -7, -9. -10, -F (Located southeasterly of the intersection of Pechanga Parkway and Loma Linda Road (within the Wolf Creek Subdivision) RECOMMENDATION: 14.1 Adopt a resolution entitled: ' RESOLUTION NO. 08-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT MAP NOS. 29798-1, -2,-3,-5,-6,-7, -9, -10, -F) 15 First Amendment to a Reimbursement Agreement Associated with the Old Town Infrastructure Projects. PW06-07 (C & E) RECOMMENDATION: 15.1 Approve the First Amendment to the Reimbursement Agreement with the Eastern Municipal Water District (EMWD) in the amount of $55,038.75, for relocation of sewer laterals associated with the Old Town Infrastructure Projects, PW06-07 (C & E) and authorize the City Manager to execute the Amendment. 16 Administering Agency-State Agreement for Federal-Aid Projects Master Agreement and Program Supplement Agreements RECOMMENDATION: 16.1 Adopt a resolution entitled: R:\Minutes\111808 6 RESOLUTION NO. 08-102 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY MANAGER TO EXECUTE THE MASTER AGREEMENT ADMINISTERING AGENCY-STATE AGREEMENT NO. 08-5459R AND ALL PERTINENT PROGRAM SUPPLEMENT AGREEMENTS FOR FEDERAL-AID PROJECTS 17 Second Reading of Ordinance No. 08-10 RECOMMENDATION: 17.1 Adopt an Ordinance entitled: ORDINANCE NO. 08-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 15.04.030 OF THE TEMECULA MUNICIPAL CODE RELATING TO THE CALIFORNIA ELECTRICAL CODE MOTION: Council Member Washington moved to approve the Consent Calendar. Mayor Pro Tern Edwards seconded the motion and electronic vote reflected approval with the exception of Council Member Roberts who was absent. At 7:40 p.m. the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:42 p.m. the City Council resumed with regular ' business. PUBLIC HEARING 23 Long Range Planning Proiect No. LR08-0039, proposed Development Code Amendments Amending Zoning Standards Applicable to Educational Institutions and Schools and Amending the Temecula Municipal Code RECOMMENDATION: 23.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ZONING STANDARDS APPLICABLE TO EDUCATIONAL INSTITUTIONS AND SCHOOLS AND AMENDING THE TEMECULA MUNICIPAL CODE Junior Planner Lowrey, by way of PowerPoint Presentation, highlighted the main components of the staff report, addressing the following: • Background • Current Commercial Zoning • Analysis At this time, the public hearing was opened. R:\Minutes\111808 7 Mr. Larry Markham, representing Julian Charter School, relayed support of the proposed Ordinance. ' At this time, the public hearing was closed. The City Council thanked staff for its efforts with regard to this Ordinance. City Attorney Thorson introduced and read by title only Ordinance 08-11. MOTION: Council Member Washington moved to approve staff recommendation. Mayor Pro Tern Edwards seconded the motion and electronic reflected approval with the exception of Council Member Robert who was absent. CITY COUNCIL BUSINESS 24 Community Services Commission Appointment RECOMMENDATION: 24.1 Appoint one applicant to serve a full three-year term on the Community Services Commission through October 10, 2011. City Clerk Jones provided a brief staff report (of record), advising that the subcommittee comprised of Council Member Comerchero and Mayor Naggar recommended the re- appointment of Commissioner Meyler to serve a full three-year term through October 10, 2011. ' Commenting on the impressive resumes submitted for the Community Services Commission, Council Member Comerchero thanked the applicants for their interest and expressed his support of reappointing Commissioner Meyler. MOTION: Council Member Comerchero moved to reappoint Commissioner Meyler to serve a full three-year term on the Community Services Commission through October 10, 2011. Mayor Pro Tern Edwards seconded the motion and electronic vote reflected approval with the exception of Council Member Roberts who was absent. 25 Public/Traffic Safety Commission Appointments RECOMMENDATION: 25.1 Appoint two applicants to serve full three-year terms on the Public/Traffic Safety Commission through October 10, 2011. City Clerk Jones provided a brief staff report (of record), advising that the subcommittee comprised of Mayor Naggar and Mayor Pro Tern Edwards recommended the reappointment of Commissioners Ramos and Youmans to serve a full three-year terms through October 10, 2011. As well commenting on the highly qualified applicants, Mayor Naggar encouraged the applicants to continue applying for future Commission openings. ' Commenting on a past issue of limiting terms of Commissioners, Council Member Washington relayed his desire of being mindful of allowing opportunities to new highly qualified individuals to serve on the City Commissions and requested that in light of crime statistics and public safety in R:\Minutes\111808 8 the City, that more dialogue between the Public/Traffic Safety Commission and City Council be initiated. ' MOTION: Mayor Naggar moved to reappoint Commissioners Ramos and Youmans to serve full three-year terms on the Public/Traffic Safety Commission through October 10, 2011. Mayor Pro Tern Edwards seconded the motion and electronic vote reflected approval with the exception of Council Member Roberts who was absent. 26 Massage Ordinances RECOMMENDATION: 26.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING REGULATIONS APPLICABLE TO MASSAGE SERVICES, AND AMENDING TITLE 5 OF THE TEMECULA MUNICIPAL CODE Police Chief Williams provided a staff report (of record), advising that along with the Police Department, Planning Department, Code Enforcement, and the City Attorney's office, the proposed Ordinance was created; that the proposed Ordinance will transfer responsibility for the background investigation of massage permits from the Planning Department to the Police Department; that it will allow more thorough background checks and tracking by dedicated Special Enforcement Team Personnel working in conjunction with City Code Enforcement; and ' that it will allow the City to license, test, and perform background checks on all massage technicians working within the City of Temecula. Understanding the intent of the proposed Ordinance, Council Member Comerchero expressed concern with the number of required training hours (720) to maintain the education portion of the Ordinance. In response to Council Member Comerchero's concern, Chief Williams stated that research indicated that 720 training hours appeared to be the industry standard for massage training; that most of the massage schools recommend 720-hour courses as a level of training and advised that a massage therapist with 100 hours of course training may work with the stipulation to retain the required amount of hours to continue working. Council Member Comerchero also expressed concern with language in the Ordinance not allowing massage therapists the ability to continue out call services (provision 29c) and, therefore, supported deleting this provision. Chief Williams noted no opposition to the deletion of provision 29c; advised that although Senate Bill 731 has been signed by the Governor, it will not be effective September 2009; and that the adoption of a City Ordinance would allow local authority to enforce in 2009. City Attorney Thorson advised that Section 5.22.160 Violation and Penalty and Section 5.22.020 Massage Establishment permit required will give the Police Department maximum enforcement, noting that it will be unlawful for any person to engage and/or carry out a massage establishment in violation of these chapters. The following individuals spoke against the proposed Ordinance: RAMinutes\111808 9 • Ms. Pat Camp, Temecula • Ms. Lisa McKay, Temecula ' Ms. Denise Grandi, Temecula • Mr. John Glenna, Temecula • Ms. Lisa Hayes, Temecula • Ms. Louise Burns, Murrieta • Ms. Carol Rosales, Murrieta The above-mentioned individuals spoke against the proposed Ordinance for the following reasons: • That the proposed regulations will significantly impact massage therapists who have not yet attained the 500 training hours • That elderly clients depend on the out-call service • That requiring a designated manager on the premises at all times will cause a burden on independent therapists causing them to no longer afford to work independently • That the fee increases will cause financial hardship • That years of experience should be grandfathered into the required training hours; that the increased training hours will cause a significant financial burden • That the requirement to add elevators would be a concern Chief Williams stated that although Senate Bill 731 was signed by the Governor and will be effective September 2009, the implementation date would not be anticipated for some time after that date and, therefore, the adoption of the proposed local Ordnance would allow the Police Department to begin enforcement in 2009. ' Understanding the concerns of the speakers, it was the consensus of the City Council to amend the following: • That the 720 hours of certified training be reduced to 500 hours of certified training (as required per State Ordinance) • That the one-year (1) time period to acquire the 500 hours of certified training be increased to two (2) years or at the implementation date of the new State Ordinance which every comes first • That provision 29c (out-call massage) be deleted from the proposed Ordinance • That the Massage Ordinance fees not be imposed at this time to allow the Citywide User Fee Study to be updated • That the provision to impose that a designated manager be required on the premises at all times be deleted from the proposed Ordinance With respect to the elevator concern, City Attorney Thorson stated that the City's proposed Ordinance would not impose the installation of elevators to existing buildings. For the City Council, Police Chief Williams noted that the primary goal of the proposed Ordinance would be to ensure that all massage facilities and massage therapists are in full compliance with all requirements. Adding more information, City Attorney Thorson advised that the proposed Ordinance would as well address safety issues such as injuries to clients as a result of improperly trained and/or ' educated massage technicians. R:\Minutes\111808 10 Council Member Comerchero relayed his desire to modify the condition obtaining the required amount of training hours from two (2) years to three (3) years or at the implementation date of the State Ordinance. ' The City Council concurred with Council Member Comerchero's amendment. Chief of Police Williams noted that in order for the Police Department to issue permits, the establishment of a baseline of training hours would be helpful. Mayor Naggar advised that all newly permitted massage therapists will be required to hold 500 hours of certified training; and that all existing permit holders will be grandfathered in and will be required to obtain their 500 hours of certified training in three (3) years or the implementation date of the State Ordinance. At this time, City Attorney Thorson introduced and read by title only Ordinance 08-12 and made the following changes to the proposed Ordinance: 1. That Section 5.22.020 Paragraph A, delete the language "misdemeanor" 2. That Section 5.22.060 B, that 720 hours to be amended to reflect 500 recommended hours as well as any other language pertaining to 720 hours 3. That Section 5.22.080 26 Manager on premise - that this section will be intentionally deleted from the Ordinance 4. That Section 5.22.080 (29c outcall massage) - that this Section be deleted 5. That Section 3 shall be amended to reflect that the existing and validly permitted massage practitioner or technician permit holder shall have an additional three (3) years from the effective date to meet and comply with the 500 hour training and testing ' requirement or until the State implements it massage regulations, whichever comes first Adding some clarification, Finance Director Roberts stated that staff, at this time, is not proposing the revision of fees; that staff will be revising fees in line with the updated User Fee Study, noting that existing fees will not be changed at this time; and that future changes to fees will be forwarded to the City Council at a future meeting. For the City Council, Chief of Police Williams advised that he would be in agreement with the proposed amendments to the Ordinance as indicated by City Attorney Thorson. MOTION: Council Member Comerchero moved to approve staff recommendation, subject to the above mentioned changes to the Ordinance as indicated by City Attorney Thorson. Council Member Edwards seconded the motion and electronic vote reflected approval with the exception of Council Member Roberts who was absent. CITY MANAGER REPORT No report at this time. CITY ATTORNEY REPORT City Attorney Thorson advised that there was no report at this time. 1 RAMinutes\111808 11 ADJOURNMENT At 9:25 p.m. the City Council meeting was formally adjourned to Tuesday, November 25, 2008, ' at 5:30 p.m. for a Closed Session, with regular session commencing at 7:00 p.m. City Council Chambers, 43200 Business Park Drive, Temecula, California. Michael S. Nag ar, Mayor ATTEST: (say...-` n Jon s, MMC C r [is L] R Minutes\111808 12