HomeMy WebLinkAbout042297 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
HELD APRIL 22, 1997
I=X!=CUTIVF SFSSION
A meeting of the City of Temecula City Council was called to order at 5:38 PM. It was moved
by Councilmember Stone, seconded by Councilmember Ford to adjourn to Executive Session
at 5:38 PM, pursuant to Government Code Sections:
1. §54956.9 (c), Conference with Legal Counsel - Whether to Initiate Litigation, one matter.
2. §54956.9(b), Conference with Legal Counsel, Anticipated Litigation, one matter.
3. §54957.6, Conference with Labor Negotiator - City of Temecula, Negotiator: Grant Yates.
The motion was unanimously carried, with Mayor Pro Tem Roberts and Councilmember
Lindemans absent. The Executive Session was adjourned at 6:50 PM.
A regular meeting of the Temecula City Council was called to order at 7:03 PM at the City
Council Chambers, 43200 Business Park Drive, Temecula, California. Mayor Birdsall presiding.
5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone,
PRESENT
Birdsall
ABSENT: 0 COUNCILMEMBERS: None
Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk
June S. Greek.
PRELUDF MUSIC
The prelude and intermission music was provided by Katie Rubke.
INVOCATION
The invocation was given by Pastor Mike Patton, Southwest Christian Church.
P! FDGE OF A! ! F~IANCF
The audience was led in the flag salute by Councilmember Ford.
PROCI AMATION/PRESENTATIONS
Jody Lawlor, representing the Murrieta Rotary Club, presented a Certificate of Appreciation to
Mayor Birdsall and the City Council for their generous support of Valley Family Support
Services.
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City Council Minutes Aoril 22. 1997
Mayor Birdsall proclaimed the month of May, "National Mental Health Month 1997." Gall Ewing
thanked Mayor Birdsall and the City Council for this proclamation and stated informational
pamphlets are available in the back of the room.
Mayor Birdsall proclaimed the month of May as "National Nurses Month." Gall Shockley,
Ramona Visiting Nurses Association and Hospice, thanked Mayor Birdsall and the City Council
for this proclamation.
Mayor Birdsall proclaimed May 4-10, 1997 "Hire-a-Veteran Week." Leon Medrano, Disabled
Veterans Outreach Programs Specialist, urged all employers to hire veterans.
Mayor Birdsall proclaimed May 11-17 to be "National Preservation Week." Suzanne St. John
of the Old Town Temecula Main Street Association, thanked the Mayor and City Council for
the proclamation. She announced the Antique Faire will be opening on May 11th. Joan
Padberg, also with the Main Street Association, thanked the City Council for their assistance
on the Rod Run and presented a plaque and official Rod Run Posters to the City Council.
Mayor Birdsall stated a Certificate of Appreciation was given to the City Council of the City of
Temecula for their support of Student Ambassadors from Margarita Middle School.
Mayor Birdsall announced the County of Riverside, Department of Public Health is celebrating
National Infant Immunization Week and urged all parents to check with their doctor to make
sure children are up-to-date with their immunizations. She stated additional information will be
available at City Hall.
CITY ATTORNEY REPORT
City Attorney Thorson stated in accordance with the provisions of the Brown Act, he had
nothing to report from Closed Session.
PUBLIC COMMENTS
Irv Rhodes, 41585 Zinfandel Avenue, representing the Seniors Golden Years of Temecula
Valley, requested the name of the senior center be changed to reflect the name of Mary Phillips,
whose volunteer efforts were instrumental in the establishment of the Senior Center.
CITY COUNCl! REPORTS
Councilmember Roberts reported he and Councilmember Ford met with the Tribal Council
subcommittee on April 9, 1997, and covered concerns raised by homeowner associations and
citizens living near the casino area.
Councilmember Ford reported properties adjacent to tribal land have been purchased by the
tribe and they are working with archeological, historical, and biological resources as this
property has a historical significance to the tribe. He reported that the Pechangas have no
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City Council Minutes A=ril 22. 1997
plans to develop the property which has been posted as private property and it is hoped people
will respect these signs.
Councilmember Ford invited interested citizens to attend a meeting of the Murrieta Creek
Advisory Committee, to be held Thursday, April 24, 1997, 9 AM, at Murrieta City Hall, where
the Army Corps of Engineers will give a presentation on detailed time lines and study status for
the Creek.
Councilmember Roberts asked for an update on Pala Bridge. Public Works Director Joe Kicak,
reported the EIR has been completed and is in its final review by the State Historic Preservation
Officer. He stated construction is anticipated to begin in September 1998, and completed by
late 1999 or early 2000.
Councilmember Stone announced, The Citizens for a Safer Temecula will conduct a forum
April 29, 1997 at 7:30 PM at the Community Recreation Center entitled" Child Lures:
Community Plans for Prevention of Sexual Assault and Abduction".
Mayor Birdsall expressed her appreciation at being invited to the car wash held on April 20,
1997, to assist Allison Sanchez. He gave a special thanks to the Pechanga Tribe who donated
$2,500 and to all others who participated.
CONSENT CA! FNDAR
Mayor Birdsall announced she would vote "no" on Item No. 7 and would abstain on Item No.
10.
Mayor Pro Tem Roberts requested the removal of Items No. 7 and 11 from the Consent
Calendar.
It was moved by Councilmember Stone, seconded by Councilmember Lindemarts to approve
Consent Calendar Items 1-6, 8, 9 and 10, with Mayor Birdsall abstaining on Item No. 10.
The motion carried as follows:
AYES: 5 COUNCILMEMBERS:
Ford, Lindemans, Roberts, Stone, Birdsall
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS:
None
1. Standard Ordinance Adol~tion Procedure
1.1
Motion to waive the reading of the text of all ordinances and resolutions included
in the agenda.
2. Resolution Approving list of Demands
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Citv Council Minutes Anril 22. 1997
5
6
2.1 Adopt a resolution entitled:
RESOLUTION NO. 97-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING
CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
Motor Vehicle Fueling Agreement
3.1
Approve the Motor Vehicle Fueling Agreement between the City of Temecula and
Temecula Valley Unified School District.
Accept Public Improvements in Tract No. 74134-? (Located at the Southeasterly corner
of Pauba Road at Margarita Road)
4.1 Accept the public improvements in Tract No. 24134-2;
4.2
Authorize the initiation of the one-year warranty period, reduction in the Faithful
Performance Street, Water and Sewer Security amounts, release of the faithful
performance and labor and material securities;
4.3
Accept substitute securities for faithful performance warranty and labor and
materials purposes;
4.4 Direct the City Clerk to so advise the Developer and Sureties.
Acceptance of Public Streets into the City-Maintained Street System (Within Tract No.
74134-? (Located at the Southeasterly corner of Pauba Road at Margarita Road)
5.1 Adopt a resolution entitled:
RESOLUTION NO. 97-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET
SYSTEM (WITHIN TRACT NO. 24134-2)
Parcel Map No. ?8508 (Located at the Southeast Corner of Winchester Road and
Country Glen Way)
6.1 Approve Parcel Map No. 28508, subject to the Conditions of Approval.
8
Agreement with RTF California for the Rancho California Road at Interstate Route 15.
Interchange Improvements (Project No. PW95-17)
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Citv Council Minutes April 22. 1997
8.1
Approve the Interagency Agreement and authorize the Mayor to execute
documents.
9
Solicitation of Construction Bids for Citywide Intelligent Traffic Management System -
Phase II. Project No. PW95-16
9.1
Approve the construction plans and specifications and authorize the Department
of Public Works to solicit public construction bids for Project No. PW95-16,
Citywide Intelligent Traffic Management System (ITS) - Phase II.
9.2 Advance $290,590.00 from Development Impact Fees to the Capital
Improvements Project Fund.
10 All-Way 'Stop" - Del Rey Road at Solana Way and Del Rey Road at Avenida Del Rel;)OSO
10.1 Adopt a resolution entitled:
RESOLUTION NO. 97-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ESTABLISHING ALL-WAY 'STOP" SIGN LOCATIONS ON DEL REY ROAD AT
SOLANA WAY AND ON DEL REY ROAD AT AVENIDA DEL REPOSO
7 Walcott Corridor. Project PW94-10. Additional Work
Councilmember Roberts stated he will support this Change Order for $54,000 as long
as it is agreed the designer will be billed for the miscalculation.
It was moved by Councilmember Lindemans, and seconded by Councilmember Stone
to approve staff recommendation.
7.1
Approve an additional cost of $54,000 to complete the improvements for the
Walcott Corridor Project, PW94-10.
The motion carried as follows:
AYES: 4 COUNCILMEMBERS:
Ford, Lindemans, Roberts, Stone
NOES: I COUNCILMEMBERS: Birdsall
ABSENT: 0 COUNCILMEMBERS:
None
11 A4~l~roval for RFP for Weed Abatement Services
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City Council Minutes Aeril 22. 1997
Mayor Pro Tern Roberts expressed concern over this process starting so late in the
season and stated he would like to see an earlier start for weed abatement in future
years.
Building Official Tony Elmo stated staff is prepared to begin weed abatement earlier.
The Request for Proposal is a method to begin and complete the work early in the
season.
Mayor Birdsall asked Chief Jim Barron to make a brief presentation at a future City
Council meeting to inform the public of some basic things they can do around their
home to help with fire protection.
City Attorney Thorson stated other cities using the RFP process have found, because
of the resources of the contractor, more properties are inspected with more compliance
in a shorter period of time.
It was moved by Mayor Pro Tern Roberts, seconded by Councilmember Lindemens to
approve staff recommendation as follows:
11.1 Approve the issuance of an RFP for Weed Abatement Services.
The motion was unanimously carried.
RECESS
Mayor Birdsall called a recess at 7:36 PM to accommodate the scheduled Community Services
District, Redevelopment Agency, Old Town/Westside Community Facilities District Financing
Authority and Old Town/Westside Improvement Authority Meetings. The meeting was
reconvened at 7:45 PM.
Mayor Birdsall reordered the agenda to hear Items 18, 20, 21 and 17.
COUNCIL BUSINESS
18 Old Town Redevelopment Advisory Committee Appointment
Councilmember Stone abstained due to a conflict of interest.
City Clerk June Greek presented the staff report.
It was moved by Mayor Pro Tern Roberts, seconded by Councilmember Ford to appoint
Randy Holland to serve an unexpired term on the Old Town Redevelopment Advisory
Committee which will expire September 2_6, 1999.
The motion carried as follows:
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Citv Council Minutes A~)ril 22. 1997
AYES: 4
NOES:
20
21
ABSTAIN:
COUNCILMEMBERS:
0 COUNCILMEMBERS:
1 COUNCILMEMBERS:
Ford, Lindemans, Roberts, Birdsall
None
Stone
Prima Facie SI;;)eed Limits on Certain Streets ¢Ynez Road between Rancho California Road
and Winchester Road: Del Rey Road and Via Norte: Moraga Road between Rancho
California Road and Margarita Road: Margarita Road between Rancho California Road
and State Route 79 South: Jefferson Avenue between Winchester Road and North City
Public Works Director Joseph Kicak presented the staff report.
Mayor Birdsall asked whether she and Councilmember Roberts needed to abstain as their
residences are close to a mentioned location. City Attorney Thorson replied they did not
need to abstain because the proposal affects all members of the public.
It was moved by Councilmember Stone, seconded by Councilmember Ford to approve
staff recommendation as follows:
20.1 Introduce and read by title only an ordinance entitled.
ORDINANCE NO. 97-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
AMENDING SECTION 10.28,010{d! OF THE TEMECULA MUNICIPAL CODE
REGARDING PRIMA FAClE SPEED LIMIT ON (1! YNEZ ROAD BETWEEN RANCHO
CALIFORNIA ROAD AND WINCHESTER ROAD (2) DEL REY ROAD AND VIA
NORTE (3) MORAGA ROAD BETWEEN RANCHO CALIFORNIA ROAD AND
MARGARITA ROAD {4! MARGARITA ROAD BETWEEN RANCHO CALIFORNIA
ROAD AND STATE ROUTE 79 SOUTH (5! JEFFERSON AVENUE BETWEEN
WINCHESTER ROAD AND NORTH CITY LIMITS.
The motion was unanimously carried.
Review and ADleroval of 1996-97 Mid-Year Budget Adjustments
Assistant Finance Director Tim McDermott presented the staff report.
It was moved by Councilmember Stone, seconded by Councilmember Lindemans to
approve staff recommendation as follows:
21.1 Adopt a resolution entitled:
RESOLUTION NO. 97-40
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Citv Council Minutes A0ril 22. 1997
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING
FISCAL YEAR 1996-97 ANNUAL OPERATING BUDGET
The motion was unanimously carried.
17 Temecula library Presentation
Senior Management Analyst Allie Kuhns presented a status report to the City Council.
Mayor Birdsall called for a recess at 8:00 PM and reconvened the meeting at 8:07 PM.
PUBLIC HEARINGS
12
Planning Al;)l;)lication No. PA96-0793 (Develol;)ment Plan - ADI;)eal) - the Design and
Construction of 70.619 Scluare Feet of Commercial Develol;)ment Located at the
Southwest Corner of Margarita Road and Pauba Road (Ted 7onos AOl;)licant)
Community Development Director Gary Thornhill presented the staff report.
Councilmember Lindemans asked if it would be possible, if Mr. Zonos was agreeable,
to place an irrevocable rider stating off-premise alcohol sales would never be allowed
at this site to the Deed of Trust which would run with the land in perpetuity. City
Attorney Thorson replied this type of rider is possible.
Mayor Birdsall opened the public hearing at 8:29 PM.
Larry Markham, 41750 Winchester Road, Suite L, representing Ted Zonos, the property
owner, stated this proposal meets new design guidelines and the proposed ingress and
egress was at direction of staff. Mr. Markham clarified concerns raised at the Planning
Commission public hearing have been addressed: design modified by reducing building
height to residential scale, breaking building into three structures; elevations enhanced,
and soften effect. He addressed the site zoning compatibility and noted neighborhood
commercial is the most restrictive zoning within the City.
Councilmember Roberts stated he did not see the companion project that will use same
driveway and there is a problem trying to cross Margarita Road at that intersection. Mr.
Markham replied they could not speculate what the property owner will propose for his
property and the applicant is conditioned to build a traffic signal at that location.
Councilmember Ford asked what the applicant is willing to do to convince the Council
there will not be off-site sales of alcohol. Mr. Markham stated applicant is willing to
prohibit the off-site sale of alcohol, incorporate it into a development agreement and if
necessary, record in a trust deed to run with the land.
Mr. Thorson placed a letter received from Michael Titus, attorney for the property
owner, into the record.
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City Council Minutes April 22. 1997
Linda J. Campbell, 28750 Vallejo, President of Temecula Valley School Board, presented
a resolution from the Temecula Valley Unified School District requesting alcohol sales
and related businesses be prohibited in the event this center is approved as they are
opposed to any alcohol sales within 600 feet of the high school.
Dave Gallagher, representing Temecula Valley Unified School District, reiterated the
school district's consistent position prohibiting any type of alcohol sales and related
businesses within 600 feet of a school.
Jon Hoxter, 31249 Sierra Bonita, presented a petition of over 1,200 signatures
requesting this site be re-zoned as office/professional, and the center to be gated and
locked during non-business hours.
Ruth Ribaudo, 31695 Corte Rosario, representing Citizens for a Safer Temecula, urged
the Council to deny the building of this project and/or not allow any sale of alcohol at
the site.
Lori Robinson, 43615 San Fermin Place, representing the Santiago Homeowners
Association, expressed her objection to the proposed development as it is incompatible
with surrounding residences and use and submitted a letter of opposition from the
Association for the record.
Kenneth G. Ray, 31647 Pio Pico Road, spoke in opposition to the mall as it will cause
the decline of adjacent residential property values. He asked if the project is approved,
that all alcohol sales be prohibited as well as strip mall-type architecture. He presented
photos for inclusion in the record.
Mike Egler, 31300 Cala Carrasco, expressed concerns regarding restaurant odors,
dumpsters and glare from lighting. He also stated plans for a strip mall was not
mentioned in the Department of Real Estate's White Report he received when
purchasing his home.
Alan Phillips, 43150 Corte Almonte, stated he had been told the opposition petition was
flawed because residents had received disclosure documents when buying their homes,
and reported the disclosure documents and White Report he and other homebuyers
received did not show strip mall and/or did not list the property as commercial. Mayor
Birdsall informed Mr. Phillips that she, nor other City Council members, had been told
the petition was invalid.
Patricia Phillips, 43150 Corte Almonte, stated there are many alternative uses of this
land; i.e., a library; a senior park; professional offices, etc. She mentioned the entire
intersection needs to be widened for safety purposes.
Mel Copeland, 31286 Santiago Road, objected to the applicant's convenience and need
wording as there are two shopping centers in near proximity and 20 other shopping
Minutes\O42297 -9- O7/14/97
Citv Council Minutes ADril 22, 1997
areas in Temecula with 82 vacant retail stores, 73 sit-down restaurants and 32 fast food
establishments.
Ronald Driscoll, 30321 Sierra Madre Drive, police officer, expressed concern over safety
and traffic. He noted the latest traffic analysis report was completed in 1991 and
presented photos illustrating current traffic problems in the area.
Darryl Drott, 31907 Leigh Lane, retired Deputy Sheriff, stated the consumer base for
this location and orientation will be the youth, not nearby residents, and a commercial
development of this type will invite a multitude of criminal activity to the area.
Mayor Birdsall called for a recess at 9:43 PM and the meeting was reconvened at 9:57 PM.
It was moved by Councilmember Ford, and seconded by Councilmember Roberts to extend the
meeting to 11:00 PM.
AYES: 4 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone
NOES: I
COUNCILMEMBERS: Birdsall
ABSENT: 0 COUNCILMEMBERS: None
Chris Randazzo, 31350 Rancho Vista Road, representing Temecula Community
Partnership, requested alcohol not be allowed at this site.
Tadd Chilcott, 31151 Pauba Road, stated, in 1994, he discussed the site with Mr. Ogle,
real estate agent for the property, who expressed his opinion that the site would never
be built on and if it was, a convenience store would not be included.
Lynn Schoeffler, 30777 San Pasqual Road, representing Parent Advisory Board at
Temecula Valley High and Margarita Middle Schools, thanked the City Council for
denying alcohol near Chaparral High School and asked the same consideration be given
for this project as the Board is opposed to all alcohol and tobacco sales at this site.
Jonathan Axton, 30169 Sierra Madre Road, Temecula Valley High School student, spoke
in opposition to a mall on this site based on alcohol and tobacco sales and increased
traffic.
Lanae Turley Trejo, representing Temecula Valley Council PTA, expressed their
opposition to the strip mall.
Cecilia Axton, representing Temecula Valley Council PTA, presented a copy of a
resolution urging the City Council to overrule the Planning Commission's approval of this
project due to alcohol and tobacco sales and increased traffic.
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City Council Minutes A~ril 22, 1997
Mayor
PM.
It was
extend
Mayor
Mayor
Leslie Woods, 29615 Valle Olivera, representing Temecula Valley High School PTSA,
asked that the sale of alcohol and tobacco be prohibited.
Councilmember Lindemans asked if it is legal to deny the on- or off-site sale of alcohol
or tobacco. City Attorney Thorson replied on-site alcohol sale could be denied on a
condition use permit, which a subsequent council could overturn.
Richard Racicot, 31320 Corte Rimola, suggested architectural changes to improve the
project.
Art Pelka, 43185 Margarita Road, stated the submitted petition requests the City to
purchase the property, for a library possibly; or professional offices would be
acceptable; or if approved, no alcohol or tobacco sales, including on-site consumption,
be allowed, as the people do not want to monitor alcohol sales on a tenant by tenant
basis. Mr. Pelka showed photos of existing malls owned by Mr. Zonos to illustrate why
residents are concerned.
Larry Markham addressed the concerns raised: the malls shown in the photos were built
under totally different building and land use codes and the conditions for this project
have specific requirements regarding signing, lighting, landscaping; dumpsters will be
completely enclosed. He stated traffic is consistent with the General Plan. He stated
the applicant will work with the City on coordinating construction of a sidewalk, but
it may not be desirable to have a sidewalk from the park to the site.
Councilmember Roberts asked if the applicant had considered the tobacco issue and Mr.
Markham replied he does not know if it is an issue with the applicant.
Birdsall recessed the meeting at 11:03 PM and the meeting was reconvened at 11:15
moved by Councilmember Roberts, and seconded by Councilmember Lindemans to
the meeting for one hour. The motion carried unanimously.
Birdsall closed the public hearing at 11:15 PM.
Birdsall reopened the public hearing at 11:16 PM
Councilmember Roberts asked for the applicant's decision regarding the sale of alcohol
and tobacco. Mr. Markham answered the applicant will agree to a prohibition of off-
premise alcohol sales to be recorded with the land, embedded in the development
agreement, and embodied in the stipulated judgement regarding litigation, and tobacco
could be addressed in the same context with the stipulated judgment. He stated on-
premise sales and restaurant use are an absolute; otherwise, uses are limited to a point
where the parcel becomes economically unviable.
Minutes\O42297 - 11 - O7/14/97
Citv Council Minutes Agril 22. 1997
Mayor
Birdsall closed the public hearing at 11:20 PM.
Councilmember Lindemans proposed no on-site or off-site sale of alcohol or tobacco be
permitted.
Councilmember Roberts stated he could not vote for this project without a complete
denial of on- and off-site sales of alcohol.
Councilmember Stone stated he will support this development with the elimination of
the back alleyway and prohibition of off-site alcohol, and questioned the need of an on-
site alcohol sale establishment as there are numerous other uses which will provide
financial viability to the site.
It was moved by Councilmember Stone, and seconded by Councilmember Lindemans to recess
to closed session at 11:52 PM. City Attorney Thorson cited Government Code Section
54956.9(b). The motion was passed unanimously.
The meeting was reconvened at 12:25 AM.
City Attorney Thorson reported the Council adjourned to receive legal advice and stated in
accordance with the Brown Act, there is nothing to report from Closed Session.
It was moved by Councilmember Stone, and seconded by Councilmember Lindemans to
adopt 12.1, 12.2, and 12.3 with the following modifications: 1) there will be no
permitted on- and off-site sale of alcohol and tobacco; 2) the rear alley accessibility is
to be removed; 3) the center building shown in Exhibit "Z" is to be divided to create a
plan consisting of four buildings.
12.1 Adopt the Negative Declaration for Planning Application No. PA96-0293;
12.2 Adopt the Mitigation Monitoring Program for Planning Application No. PA96-
0293;
12.3 Adopt a resolution entitled:
RESOLUTION NO. 97-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING PLANNING APPLICATION NO. PA96-0293 (DEVELOPMENT PLAN -
APPEAL), UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE
PLANNING APPLICATION NO. PA96-0293 (DEVELOPMENT PLAN) TO DESIGN
AND CONSTRUCT A 20,619 SQUARE FOOT COMMERCIAL DEVELOPMENT ON
A PARCEL CONTAINING 2.65 ACRES LOCATED ON THE SOUTHWEST CORNER
OF MARGARITA ROAD AND PAUBA ROAD AND KNOWN AS ASSESSOR'S
PARCEL NO. 945-110-003
Minutes\042297 -12- 07/14/97
Citv Council Minutes April 22. 1997
The motion carried by the following vote:
AYES: 5
NOES:
ABSTAIN:
COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Ford, Lindemans, Roberts, Stone, Birdsall
None
None
13 Use of Local ! aw Fnforcement Block Grant Funds
Lieutenant Jim Domenoe presented the staff report.
Mayor Pro Tem Roberts opened the public hearing at 12:34 AM and closed the Public
Hearing at 12:35 AM as there were no requests to speak.
It was moved by Mayor Birdsall, and seconded by Mayor Pro Tem Roberts to approve
staff recommendation to accept the committees recommendation to use the grant funds
to purchase a mobile command center.
The motion was carried unanimously.
It was moved by Mayor Birdsall, and seconded by Councilmember Ford, to extend the meeting
for another hour. The motion was unanimously carried.
14 Planning ADl~lication No. PA97-0047. Develol~ment Code Amendment. Planning
ADI;)lication No. PA97-0016. Old Town Sl;)ecific Plan Amendment. and Planning
A.oplication PA97-0110. Temecula Municioal Code Amendment
Councilmember Stone announced a conflict of interest based on property ownership in
Old Town and stepped down from the dias.
Community Development Director Gary Thornhill presented the staff report.
Mayor Pro Tern Roberts opened the public hearing.
Wayne Hall, 42131 Agena, spoke against permitting fortune telling in any shape or
form.
Mayor Pro Tem Roberts closed the public hearing.
It was moved by Mayor Birdsall, and seconded by Councilmember Ford to approve the
recommendation as follows:
14.1 Read by title only and introduce an ordinance entitled:
Minutes\O42297 -13- 07/14/97
Citv Council Minutes April 22. 1997
ORDINANCE NO. 97-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE AND THE OLD
TOWN SPECIFIC PLAN TO MAKE CHANGES TO TABLE 17.08(A) OF THE
DEVELOPMENT CODE AND TABLE I OF THE OLD TOWN SPECIFIC PLAN TO
ALLOW 'FORTUNE TELLING, OR SIMILAR ACTIVITY' AS PERMITTED USES
RATHER THAN CONDITIONALLY PERMITTED USES AND AMENDING SECTION
5.04.050 (63! THE TEMECULA MUNICIPAL CODE TO DELETE THE
REQUIREMENT FOR A SPECIAL PERMIT FOR FORTUNE TELLING AND RELATED
PRACTICES
The motion carried as follows:
AYES: 4 COUNCILMEMBERS: Ford, Lindemans, Roberts, Birdsall
NOES:
0 COUNCILMEMBERS: None
ABSTAIN: I
COUNCILMEMBERS: Stone
COUNCIl BUSINESS
15
Consideration of an Ordinance Prohibiting the Consuml;)tion of Alcoholic Beverages and
Possession of OI;)en Containers of Alcoholic Beverages in Public Places and Prohibiting
Engaging in Certain Bodily Functions in Public Places
It was moved by Councilmember Stone, and seconded by Councilmember Ford to
approve as follows:
15.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 97-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING
CHAPTER 9.14 TO THE TEMECULA MUNICIPAL CODE, PROHIBITING THE
CONSUMPTION OF ALCOHOLIC BEVERAGES AND POSSESSION OF OPEN
CONTAINERS OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES, AND SECTION
9.02.010, PROHIBITING ENGAGING IN CERTAIN BODILY FUNCTIONS IN
CERTAIN PUBLIC AND PRIVATE PLACES, AND AMENDMENT SECTION
12.04.210 OF THE TEMECULA MUNICIPAL CODE RELATING TO CONSUMPTION
OF ALCOHOLIC BEVERAGES IN CITY PARKS AND FACILITIES
Councilmember Ford requested all homeowner associations be notified that to extend
the prohibition of drinking alcoholic beverages to their common areas requires a request
for approval from the City Council.
Minutes\042297 -14- 07/14/97
City Council Minutes April 22. 1997
The motion was unanimously carried.
16 Presentation by TCI Cable
It was moved by Councilmember Lindemans, and seconded by Councilmember Ford to
continue this item to the meeting of May 13, 1997, and to be placed at the beginning
of the agenda.
19 Resolution Designating a UBillboard Free" 7one
It was moved by Councilmember Stone, and seconded by Councilmember Ford to
approve as follows:
19.1 Adopt a resolution entitled:
RESOLUTION NO, 97-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
DESIGNATING A 'BILLBOARD FREE' ZONE IN THE CITY OF TEMECULA AND ITS
SPHERE OF INFLUENCE
CITY MANAGER'S REPORT
City Manager Bradley stated the DIF Workshop needs to be rescheduled from May 6, 1997.
The meeting was rescheduled to May 8, 1997, 7 PM, Temecula City Council Chambers.
CITY ATTORNEY'S REPORT
None given.
ADJOURNMENT
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City Council Minutes Aoril 22. 1997
It was moved by Councilmember Lindemans, seconded by Councilmember Stone to adjourn at
12:45 AM to a meeting on April 8, 1997, DIF Workshop, 7:00 PM, Temecula City Hall, 43200
Business Park Drive, Temecula, California.
Next regular meeting: May 13, 1997, 7:00 PM, City Council Chambers, 43200 Business Park
Drive, Temecula, California. The motion was unanimously carried.
Patricia H. Birdsall, Mayor
ATTEST:
City Clerk
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