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HomeMy WebLinkAbout062601 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JUNE 26, 2001 The City Council convened in Closed Session at 5:30 P.M., on Tuesday, June 26, 2001, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. The Open Session of the City Council meeting commenced at 7:00 P.M. Present: Councilmembers: Naggar, Pratt, Roberts, Stone, Comerchero Absent: Councilmember: None PRELUDE MUSIC The prelude music was provided by Natalie and Tiffany Zita. INVOCATION The invocation was given by Councilman Naggar.. ALLEGIANCE. The salute to the Flag was led by Mayor Pro Tem Roberts. PUBLIC COMMENTS A. Addressing the Wolf Creek referendum, Mr. Chris Pedersen, 31052 Wellington Circle, questioned the City's position to file a brief in opposition to the motion and, thereby, in his opinion, arguing against the citizens of Temecula and questioned who is directing the City Attorney with regard to this issue. Noting that he does not recall providing direction to the City Attorney with regard to the Wolf Creek referendum, Councilman Naggar commented on the City's position with regard to this matter. In response to Councilman Naggar, Mayor Comerchero noted that, to his recollection, the matter is not one to be decided by the City Council. Further clarifying the issue, City Attorney Thorson advised that under the Elections Code, the City Clerk is the designated elections official and as well is required to make a decision as to whether or not the petition filed conforms to the requirements of the Elections Code; that the City Clerk performed those requirements based on his advise which was based on the Code and cases interpreting the Code; that at this point in time, the City Clerk is not only being sued by Mr. Pedersen but aisc by the developer; that the Court has ordered to allow the signatures to be counted by the Registrar of Voters in an effort to not impede the process of placing the matter on the November 6, 2001, ballot if it were determined that the referendum were valid; and that the Court has not ruled with respect to the merits. In response to Councilman Naggar, City Attorney Thorson advised that if the City were to withdraw its opposition at this point in time, the developer would continue to sue the City Clerk and the issue of the merits of the case would be decided. R:\Minutes\062601 1 B. Expressing their great sorrow with regard ~o the loss of their 8-year old son, Dylan, Mr. and Mrs. Lance and Suzanne Cacaninion, 40132 Villa Venecia, commented on their son's recent accident on Winchester Road at Nicolas Road and discussed the potential of constructing a pedestrian bridge on Winchester Road in an effort to prevent future tragedies such as theirs and thanked the City Council for forwarding the matter to the Public/Traffic Safety Commission for review. On behalf of the City Council, staff, and citizens, Mayor Comerchero relayed his deepest thoughts and prayers to the Cacaninion family and noted that if the City were able to obtain the approvals necessary to construct this bridge, he would request that the bridge be named Dylan's Bridge. Mr. and Mrs. Cacaninion voiced no opposition. CITY COUNCIL REPORTS A. Councilman Pratt requested that the following three items be agendized for the July 10, 2001, City Council meeting: Regional Transportation Model, Design and Construction of a new City Hall site, and City Council term limits. B. Having attended a recent Urban Storm Water Conference, Councilman Naggar requested that staff review the City's Best Management Practices and agendize the matter within the next 30 to 45 days. C. Councilman Naggar advised that Supervisor Buster, Councilman Pratt, Deputy Director of Community Services Ruse, and he had visited a transitional shelter in the City of Indic, noting that he was impressed with the operations of this facility. D. Mayor Pro Tem Roberts informed the City Council and viewing public that Mr. Randy Howe of Howe's Welding cleaned the brass work on the Old Town gateway arches, at no charge to the City, for the Fourth of July Celebration. Mr. Roberts extended his appreciation to Mr. Howe. E. Mayor Pro Tem Roberts apprised the public of the upcoming Summer Nights in Old Town events, starting July 6, 2001, every Friday, 5:00 P.M. to 9:00 P.M., through September 28, 2001. F. Advising that he is, through Riverside County Transportation Committee, participating in discussions with regard to Measure A Sales Tax Extension, Mayor Pro Tern Roberts noted that the Measure A Sales Tax expires in 2008 and that he would keep the City apprised of the outcome. G. Requesting that the Temeku Hills speed limit matter be agendized for an upcoming City Council meeting, Councilman Stone as well requested that prior to the City Council meeting, the Police Department place a traffic trailer at various s~tes in Temeku Hills. H. Appreciating the attendance of Mr. and Mrs. Cacaninion (Dylan's parents), Councilman Stone relayed his commitment to ensure everything possible will be undertaken to prevent a future calamity such as theirs. I. With regard to Councilman Pratt's request of agendized items, Councilman Stone noted the following: · Regional Transportation Model - suggested that the matter be agendized for Councilman Pratt's input after which City Council be given the opportunity to provide further direction as to whether or not to invest staff resources; R:\Minutes\062601 2 · City Hall site - no objection to agendizing the matter in order to receive Councilman Pratt's input but to not expend too much staff time until full direction of the City Council has been provided; · City Council term limits - no objection to agendizing the matter but would not support expending a significant amount of time on the issue until full direction of the City Council has been provided. Commenting on the positive effects of the newly opened Arizona crossing (Via Montezuma), Councilman Stone as well commented on the Overland Overcrossing, noting that traffic conveniences have been made for the community. J. Advising that as of July 1, 2001, the Vail Ranch residents will be part of the City, Mayor Comerchero invited the public to the Annexation Celebration on Sunday, July 1, 2001. K. Having had the privilege of representing the City of Temecula at the U.S. Conference of Mayors in Detroit, Mayor Comerchero commented on President Bush's clarification with regard to faith-based initiatives (proposing money allocated toward social services not religious services) and his request to Congress to allocate $8 million for such initiatives. In light of President Bush's clarification, Mayor Comerchero relayed support of the issue. CONSENT CALENDAR 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 April 24, 2001; 2.2 Approve the minutes of May 15, 2001 2.3 Approve the minutes of May 22, 2001 3 Resolution approvinq List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO, 01-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A R:\Minutes\062601 3 4 Upgrade of Financial Accountinq Software RECOMMENDATION: 4.1 Approve a Software License and Use Agreement with Eden Systems, Inc. in the amount of $144,050; 4.2 Authorize the City Manager to approve contract amendments in an amount not to exceed $14,405 which is equal to 10% of the contract amount; 4.3 Authorize the City Manager and City Attorney to execute all necessary agreements. 5 Purchase of a Postaqe Meter Machine RECOMMENDATION: 5.1 Approve the purchase of Pitney Bowes Postage Meter in the amount of $14,670.00. 6 Records Destruction Approval RECOMMENDATION: 6.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. 7 Riverside County Library Contract Amendment No. 4 RECOMMENDATION: 7.1 Approve Amendment No. 4 to the Agreement to provide Library Services (additional staff); 7.2 Authorize the expenditure of an amount not to exceed $150,000 to fund the Temecula Library Volunteer Coordinator half-time position and to subsidize funding to maintain the Senior Reference Librarian and Reference Librarian positions for fiscal year 2001-02. 8 Second Amendment to the Uniforms, Floor Mats, Dust Mops, and Towels Service Aqreement with AmeriPride Uniform Services - FY2001-02 RECOMMENDATION: 8.1 Approve Amendment No. 2 with AmeriPride Uniform Services which will exercise the City's option for a second one-year extension of the Agreement and, thereby, extending the Agreement through June 30, 2002; 8.2 Authorize the expenditure of funds in the amount of $10,550.00 for uniform, floor mats, dust mops, and towel services. R:\Minutes\062601 4 9 Third Amendment to the HVAC Preventative Maintenance Agreement with Kinetics Service Company for FY2001-02 RECOMMENDATION: 9.1 Approve Amendment No. 3 to the HVAC Preventative Maintenance Agreement with Kinetics Service Company to exercise the City's option for a one-year extension and, thereby, extending the Agreement through June 30, 2002; 9.2 Authorize the expenditure of funds in the amount of $30,640.00 for preventative maintenance services, .repairs, and extra work items for Fiscal Year 2001-02. 10 Agreement for Weed Abatement Services between the City of Temecula and A.S.A.P. Services RECOMMENDATION: 10.1 Approve the contract with A.S.A.P. Services for Weed Abatement Services for a total of $26,250.00. 11 Aqreement for Weed Abatement Services between the City of Temecula and Rory Rieck and Chuck Maciel Weed Abatement RECOMMENDATION: 11.1 Approve the contract with Rory Rieck and Chuck Maciel's Weed Abatement for Weed Abatement Services for a total of $26,250.00. 12 Aqreement for Consultinq Services between the City of Temecula and PELA RECOMMENDATION: 12.1 Approve the contract with PELA for landscape plan check and inspection services in the amount of $98,500.00. 13 Authorize Temporary Street Closure of Old Town Front Street between Moreno Road and Second Street; Main Street from the bridqe to Old Town Front Street; Second Street; Third Street; Fourth Street; Fifth Street; and Sixth Street for the Star Spanqled Fourth of July Parade and deleqate authority to issue Special Events/Street Closures Permit to Director of Public Works/City Enqineer RECOMMENDATION: 13.1 Adopt a resolution entitled: R:\Minutes\062601 5 RESOLUTION NO. 01-59 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURE OF OLD TOWN FRONT STREET BETWEEN MORENO ROAD AND SECOND STREET; MAIN STREET FROM THE BRIDGE TO OLD TOWN FRONT STREET; SECOND STREET; THIRD STREET; FOURTH STREET; FIFTH STREET; SIXTH STREET FOR THE STAR SPANGLED FOURTH OF JULY PARADE AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 14 Authorize Temporary Street Closure of Pauba Road between Marqarita Road and Ynez Road for the July 4thI 2001, Fireworks Show and deleqate authority to issue Special Events/Street Closures Permit to Director of Public Works/City Enqineer RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 01-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURE OF PAUBA ROAD BETWEEN MARGARITA ROAD AND YNEZ ROAD FOR THE JULY 4TM, 2001, FIREWORKS SHOW AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 15 Parcel Map No. 29438 (located at Enterprise Circle South) RECOMMENDATION: 15.1 Approve Parcel Map No. 29438 in conformance with the Conditions of Approval. 16 Acceptance of Offer of Dedication - Road Purposes on Western Bypass Corridor and Roick Drive per Tentative Parcel Map No. 28473 Conditions of Approval RECOMMENDATION: 16.1 Adopt a resolution entitled: R:\Minutes\062601 6 RESOLUTION NO. 01-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN OFFER OF DEDICATION OF RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES FOR WESTERN BYPASS CORRIDOR AND ROICK DRIVE AS REQUIRED BY THE CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 28473, PA98-0005, BUT NOT ACCEPTING STREETS INTO THE CITY-MAINTAINED STREET SYSTEM AT THIS TIME (Councilman Stone abstained with regard to this matter.) 17 Amendment to Professional Services Aqreement Inspection Services - Various Proiects RECOMMENDATION: 17.1 Approve Amendment No. 3 to the Professional Inspection Services Agreement with Vail Cooper and Associates, Inc. for an amount equal to $38,500 and authorize the Mayor to execute the amendment; 17.2 Authorize the City Manager to approve change orders/amendments not to exceed the contingency amount of $10,626.00 which is equal to 10% of the contract amount. With regard to Item No. 17, it was clarified for Mayor Pro Tem Roberts that the consultant will not be paid hotel/travel expenses and will solely be paid the hourly rate. 18 Amendment to Professional Enqineerinq Services ARreement - Marqarita Road Wideninq - Proiect No. PW99-01 RECOMMENDATION: 18.1 Approve amendment No. 6 to the Professional Engineering Services Agreement with GFB-Friedrich & Associates, Inc. for an amount equal to $24,250 and authorize the Mayor to execute the amendment; 18.2 Extend the term of the contract with GFB-Friedrich to December 31,2001. 19 Award of Construction Contract for the Pavement Mana.qement System FY2000-01 - Proiect No. PW00-30 RECOMMENDATION: 19.1 Award a contract for the Pavement Management System FY2000-01 - Project No. PW00-30 - to McLaughlin Engineering & Mining for $2,093,991.32 and authorize the Mayor to execute the contract; 19.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $209,399.13 wh:,ch is equal to 10% of the contract amount; 19.3 Approve an acceleration of $735,600.00 in Measure A Funds from FY2002-03 to FY2001-02 for the Pavement Management System Project - Project PW00-30. R:\Minutes\062601 7 20 Award the Construction Contract for Citywide Asphalt Concrete Repairs for FY2000-01 - Proiect No. PW01-01 RECOMMENDATION: 20.1 Award a construction contract for the Citywide Asphalt Concrete Repairs - FY2000- 01 - Project No. PW01-01 - to Cunningham-Davis Corporation for $117,587.20 and authorize the Mayor to execute the contract; 20.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $11,758.72 which is equal to 10% of the contract amount. 21 Acceptance of Median Landscape Bonds and Aqreement alon.q Meadows Parkway for Tract No. 24187 - Newland Communities, LLC RECOMMENDATION: 21.1 Accept the agreement and surety bonds from Newland Communities, LLC, Inc. to the landscaped medians along Meadows Parkway in Paseo del Sol - Specific Plan No. 219, Tract No. 24187. MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1-21. The motion was seconded by Councilman Pratt and voice voted reflected approval with the exception of Councilman Stone who abstained with regard to Item No. 16. PUBLIC HEARING 22 Planninq Application No. 94-0073 (Annexation).- Adoption of a Resolution initiatinq annexation proceedinqs for a 640-acre portion of the Roripauqh Ranch Specific Plan Area as proposed by Ashby Development Company RECOMMENDATION: 22.1 Adopt a resolution entitled: RESOLUTION NO. 01-63 A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE COMMENCEMENT OF PROCEEDINGS REORGANIZING THE JURISDICTIONAL BOUNDARIES OF CERTAIN UNINHABITED TERRITORY DESCRIBED AS A 640-ACRE PORTION THE RORIPAUGH RANCH SPECIFIC PLAN AREA TO INCLUDE THIS AREA WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT AND TO 'DETACH SAID TERRITORY FROM CSA 143 AND THE RIVERSIDE COUNTY WASTE MANAGEMENT DISTRICT DESIGNATED AS PORTION OF PLANNING APPLICATION NO. PA94-0075 (RORIPAUGH RANCH SPECIFIC PLAN) R:\Minutes\062601 8 22.2 Direct staff to prepare and file the annexation application, the Plan of Services, the Fiscal Impact Report, and all other associated materials for the annexation with the Local Agency Formation Commission (LAFCO). Planning Director Ubnoske reviewed the staff report (as per agenda material), confirming, for Mayor Comerchero, that the adoption of the proposed resolution permits the annexation process to proceed but that it has no bearing on the Specific Plan and that, for Councilman Pratt, LAFCO would not approve the annexation until the City Council has taken action on the Specific Plan and the Environmental Impact Report. At this time, the public hearing was opened. To ensure him the ability to provide input with regard to this project, Mr. Mike Knowlton, 39130 Pala Vista Drive, relayed his support of the annexation and as well as the proposal. At this time, the public hearing was closed. MOTION: Councilman Naggar moved to approve the staff recommendation. The motion was seconded by Councilman Stone and voice vote reflected unanimous approval. 23 Environmental Assessment for the Date Street Crossinqs (EA-82) RECOMMENDATION: 23.1 Continue this matter to the July 10, 2001, City Council meeting. Mayor Comerchero informed the viewing audience that staff has recommended that this item be continued off calendar. At this time, the public hearing was opened; there being no public input, the public hearing was closed. MOTION: Councilman Stone moved to continue the matter off calendar. The motion was seconded by Councilman Naggar and voice vote reflected unanimous approval. COUNCIL BUSINESS 24 Planninq Commission Appointments RECOMMENDATION: 24.1 Appoint two applicants to serve on the Planning Commission for full three-year terms through June 4, 2004. City Clerk Jones reviewed the staff report (of record). MOTION: Councilman Stone moved to reappoint Mr. John Telesio to the Planning Commission. The motion was seconded by Mayor Pro Tem Roberts and voice vote reflected unanimous approval. Commenting on the difficulty of the selection process because of the qualified candidates, Councilman Naggar advised that he had interviewed each applicant. R:\Minutes\062601 9 MOTION: Councilman Naggar moved to appoint Ms. Mary Jane Olhasso. This motion died for the lack of a second. MOTION: Councilman Naggar moved to appoint Mr. Charles Coe. The motion was seconded by Councilman Pratt and voice vote reflected denial of the motion as follows: AYES: Naggar, Pratt NOES: Roberts, Stone, Comerchero Although viewing Mr. Coe and Mr. Connerton as qualified applicants, Councilman Stone relayed his desire to retain their experience on the Public/Traffic Safety Commission. Councilman Naggar noted that Mr. Coe has served on the Public/Traffic Safety Commission for the past eight years and, therefore, deserves to move on to the Planning Commission. MOTION: Councilman Stone moved to appoint Mr. Greg Morrison. The motion was seconded by Mayor Comerchero and voice vote reflected denial of the motion as follows: AYES: Comerchero, Stone NOES: Naggar, Pratt, Roberts MOTION: Mayor Pro Tem Roberts moved to appoint Ms. Mary Jane Olhasso. The motion was seconded by Councilman Naggar and voice vote reflected unanimous approval. Ms. Olhasso thanked the City Council for its vote of confidence. 25 Roripauqh Specific Plan - Status Report RECOMMENDATION: 25.1 Provide direction to staff on increasing the Draft Environmental Impact Report (DEIR) public review period from 30 days to 45 days. Planning Director Ubnoske reviewed the staff report (as per agenda material). Mr. Kevin Everett, project manager, 3553 Hollyberry Drive, Vista, noted the following with regard to this project: That the project is on a fast-track schedule · That the EIR has previously been circulated · That the 30-day review period has been approved by the State Office of Planning · That design changes have been made to Tract Map in order to accommodate traffic issues · That the developer would be willing to donate $100,000 to the Dylan pedestrian bridge. R:\Minutes\062601 10 Mayor Pro Tern Roberts encouraged the new project manager, Mr. Everett, to meet with the subcommittee; advised that the subcommittee has requested a 45-day review period instead of the 30 days because of concerns expressed by neighboring residents who have not been contacted by Mr. Ashby. Councilman Naggar confirmed that the public will have ample opportunity to review the project at the time the Planning Commission and City Council consider the project. Mayor Comerchero echoed Mayor Pro Tern Roberts' comments with regard to having received phone calls from residents expressing concern of not having ample time to review the project and would, therefore, support the 45-day review period. City Attorney Thorson confirmed staff's position and noted that the public will be given the opportunity to raise environmental issues at the Planning Commission/City Council hearings and that the 15 extra days will not impact the hearing dates. Advising that a Joint City Council/Planning Commission Workshop has been scheduled for Tuesday, July 17, 2001, and that the Planning Commission hearing has been scheduled for August 1, 2001, City Manager Nelson noted that inan effort to keep the project moving forward, comments received with regard to this project will be responded to as they are received. Councilman Naggar thanked the developer for the $100,000 donation toward the Dylan bridge. MOTION: Councilman Naggar moved to approve the staff recommendation. The motion was seconded by Councilman Stone and voice vote reflected approval with the exception of Councilman Pratt who abstained. 26 Lea;lue of California Cities Grassroots Campai.qn RECOMMENDATION: 26.1 Consider voting for the ballot measure that would establish and fund the proposed Grassroots Network. If this ballot were approved by 2/3rds of the general membership of the League of California Cities, Temecula's dues will increase a total of $5,103 annually. Assistant to the City Manager Yates reviewed the proposed recommendation, advising that if the City Council were to oppose the recommendation but if the ballot measure were approved by the League, the approved increase would be passed on to the City. MOTION: Mayor Pro Tem Roberts moved to approve staff recommendation. The motion was seconded by Mayor Comerchero and voice vote reflected unanimous approval. 27 Morqan Hill Mitiqation Aqreement RECOMMENDATION: 27.1 Approve mitigation agreement for the Morgan Hill Specific Plan. City Attorney Thorson presented the staff report (as per supplemental material); advised that the matter has been discussed in Closed Session; reviewed the proposed Mitigation Agreement; and highlighted the changes to the Agreement in an effort to implement the Council's concerns: R:\Minutes\062601 11 That the developer pay $1,176,000 for traffic impacts to State Highway 79S roadway improvements and Interstate 15/SR 79 Interchange prior to the issuance of the first building permit for the Morgan Hill project; That the developer will provide a Performance Bond or a Letter of Credit as security for the $1,176,000; that the Bond or Letter be submitted to the City prior to July 2, 2001, which is prior to the date litigation would have to be filed; that the developer pay for the cost of the Bond or Letter but that the City would agree to deduct the amount of the cost of the Bond or Letter from the Mitigation Fee in an amount not to exceed $20,000; That the City will refund any unused funds which are not spent within 15 years from the date of the agreement; · That the City would not agree to support the developer or the County in the event of a lawsuit from another party. City Attorney Thorson noted that it would be his recommendation that the City Council approve the Agreement with the four changes, as noted, and to direct that in the event that the developer does not approve of those changes and execute an agreement and file either the Bond or a Letter by July 2, 2001, to proceed with litigation to represent the City's interest. Councilman Naggar requested that the allocation of $400,000 toward the Pedestrian Bridge on Winchester Road at Nicolas Road be agendized for the July 10, 2001, City Council meeting and, therefore, relayed his support to release the requirement on Morgan Hill to designate 40% of the funding. Having reached an agreement, to his understanding, which benefits both the City and the County, Mr. Steve Ludwig, 17341 Irvine Boulevard, #200, Tustin, representing HighPointe Communities/Morgan Hill, voiced no opposition to the proposed changes; supported City Council's decision with regard to Dylan's Bridge; and, in turn, donated $50,000 toward the construction of the bridge. Expressing concern with regard to the required timeframe of posting the Bond or Letter and requested that he be given the opportunity to work with staff for the next 24 hours in order to determine whether the July 2 date is achievable and if not, to create a workable solution, noting that the obtaining of a Bond or Letter is not the issue but that the short timeframe may be an issue. For Councilman Naggar, Mr. Ludwig confirmed that the developer is working on a mitigation agreement with the School District to ensure no shortfall in the event the State were not to fund; that the developer has made a Level of Service "D'~ guarantee; that the developer has agreed to participate in a Regional Transportation Uniform Mitigation Fee (TUMF); and that the developer has agreed to construct equestrian trails. Thanking Councilman Naggar for bringing to his attention the issue of the potential pedestrian bridge on Winchester Road, Mr. David Lowry, 27349 Jefferson Avenue, relayed his desire to encourage this City's business community to step forward and to assist in the construction of this bridge, if the necessary approvals were attainable, and to potentially build it with solely private capital. Mr. Lowry relayed his commitment of $50,000. Councilman Stone commended Mr. Ludwig and Mr. Bliss on the negotiations of this project, commenting on the self-imposed condition to a County project in order to mitigate impacts within the City. R:\Minutes\062601 12 Supporting Councilman Naggar's suggestion to agendize the allocation of $400,000 for the Pedestrian Bridge, Mayor Pro Tem Roberts as well commended the entire City Council on its efforts with regard to this project. Echoing Councilman Stone's comments, Mayor Comerchero viewed the approval of this Agreement as ground breaking. Councilman Naggar as well thanked Mr. Ludwig and Mr. Bliss for their associated efforts. MOTION: Mayor Pro Tem Roberts moved to approve the Agreement for Mitigation of Impacts of Morgan Hill Specific Plan No. 313 with noted changes and in the alternative if the agreement were not signed and the Performance Bond or Letter of Credit were not posted by July 2, 2001, that the City Council authorize the filing of litigation to seek those mitigation measures and to work with the attorney for HighPointe Communities to address the timeframe issue of the Bond or Letter in order to reach some type of accommodation; to direct the City Attorney to effectuate a system, acceptable to the City Attorney, with HighPointe to ensure the City's security even without a Bond or Letter by July 2, 2001; and to move forward with this project; and that if such accommodation were not reached, to the satisfaction of the City Attorney, to proceed with litigation. The motion was seconded by Councilman Stone and voice vote reflected unanimous approval. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT No comment. CITY ATrORNEY'S REPORT With respect to the potential litigation matters, City Attorney Thorson advised that with regard to Morgan Hill action has been taken in Open Session by the City Council. With regard to the second potential litigation matter, the City Council, by a unanimous vote, authorized the City Attorney to file litigation against the County and the developers of the French Valley Specific Plan on the basis of the objections that the City stated to the project and to the EIR. With respect to the acquisition matter, the City Council directed staff to cease negotiations with the owner and to not undertake any further actions to acquire the property. R:\Minutes\062601 13 ADJOURNMENT At 9:21 P.M., the City Council meeting was formally adjourned to Tuesday, July 10, 2001, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: ,[SEAL] Jeff Comerchero, Mayor R:\Minutes\062601 14