Loading...
HomeMy WebLinkAbout121603 CC Minutes I MINUTES OF AN ADJOURNED REGULAR MEETING OF THE TEMECULA CITY COUNCIL DECEMBER 16, 2003 The City Council convened in Closed Session at 6:00 P.M. and in Open Session at 7:01 P.M., on Tuesday, December 16, 2003, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: 4 Councilmembers: Comerchero, Roberts, Washington, and Naggar Absent: Councilmember: Stone PRELUDE MUSIC The prelude music was provided by Eve Craig. INVOCATION The invocation was given by Pastor Todd Harvey of Sunrise Christian Fellowship. ALLEGIANCE I The flag ceremony was presented by Cub Scout Pack No. 301. PRESENT A TION/PROCLAMA TIONS Special Recoanition Thanking Ms. Eve Craig for her year-long efforts in coordinating prelude music at every City Council meeting, Mayor Pro Tem Naggar presented to her a poinsettia plant. Welcoming County Board of Supervisor Tavaglione to the Council meeting, Mayor Pro Tem Naggar noted that Item No. 15 (Multi-Species Habitat Conservation Plan) would be discussed out of order. PUBLIC COMMENTS A. Ms. Trish Bowers and Ms. Gina Luizzi, representing Temecula Pop Warner, thanked the City Council for its support to the cheerleaders and, thereby, enabling them to attend the National Competition in Florida and noting that the girls took second place, B. In response to Mr. John Dedovesh, 39450 Long Ridge Drive, Mayor Pro Tem Naggar advised that the Multi-Species Habitat Conservation Plan will be discussed later on the agenda. I Noting that, in his opinion, the red light abuses are continuing to increase, Mr. Dedovesh stated that the matter would only be addressed if cameras were installed. I C. Because the School Board is meeting tonight as well as the City Council, Mr. Ron Bradley, 30348 Via Canada, questioned whether the City Council may approve a continuance with regard to Item No. 18 (Consolidation of City Council Election in November of Even-Numbered Years). Mayor Pro Tem Naggar noted that a continuance would be discussed after the consideration of the Consent Calendar. CITY COUNCIL REPORTS A. Wishing the community a Happy Holiday Season, Councilman Washington thanked Community Services Director Parker and Senior Recreation Coordinator Gilliland on an outstanding job on the festive Holiday activities available to the community. B. Echoing Councilman Washington's comments, Councilman Comerchero and Mayor Pro Tem Naggar recognized all City employees for their year-long efforts to the City. C. In light of the approval of the Library grant, Councilman Roberts requested that a sign be posted at the future library site to apprise the community of its location. I Commenting on the passage of SB 621 (distribution of Indian Gaming Special Distribution Fund to local government agencies impact by tribal gaming), Councilman Roberts advised that approximately $10 million will be distributed to Riverside County by June 30, 2004 and noted that he has been appointed to the Indian Gaming Local Community Committee by the Board of Supervisors, expressing appreciation to Supervisor Tavaglione. 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 October 28, 2003. (Due to the lack of a voting quorum, the approval of the October 28, 2003 minutes was continued to the City Council meeting of January 13, 2004.) I 3 Resolution approvina List of Demands RECOMMENDATION: 2 I I I 3.1 Adopt a resolution entitled: RESOLUTION NO. 03.176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report RECOMMENDATION: 4.1 Receive and file the City Treasurer's report as of October 31, 2003. 5 Comprehensive Annual Financial Report (CAFR) for Fiscal Year ended June 30. 2003 RECOMMENDATION: 5.1 Receive and file the Comprehensive Annual Financial Statements, Auditor's Report, and Management Discussion and Analysis (MD&A) for Fiscal Year ended June 30, 2003. 6 Third Amendment to a License Aareement with Temeka. Inc. for the administration. marketina. and installation of the City's directional Kiosk Sian Proaram RECOMMENDATION: 6.1 Approve a third amendment to the existing License Agreement between the City of Temecula and Temeka, Inc. to increase the per panel charge and consideration to the City for the administration, marketing, and installation of the City's Kiosk sign program. 7 Consideration of Aareement with Shute. Mihaly & Weinberaer LLP for Leaal Services reaardina Vallev-Rainbow Line RECOMMENDATION: 7.1 Approve an agreement with Shute, Mihaly & Weinberger LLP for legal services related to continuing issues associated with the proposed Valley- Rainbow project. 8 Completion and Acceptance of Citywide Concrete Repairs FY2002/2003 - Proiect No. PW03-03 RECOMMENDATION: 3 I I I 8.1 Accept the Citywide Concrete Repairs FY200212003 - Project No. PW03-03 as complete; 8.2 File a Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract; 8.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 9 Purchase and Sale Aareements for property located in Old Town RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 03-177 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY LOCATED AT 41852 MAIN STREET (APN 922-041-008, 009 AND 010) IN THE CITY OF TEMECULA 9.2 Adopt a resolution entitled: RESOLUTION NO. 03-178 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY LOCATED AT 41863 MAIN STREET (APN 922-032-020) IN THE CITY OF TEMECULA 9.3 Adopt a resolution entitled: RESOLUTION NO. 03-179 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF MAIN AND MERCEDES STREET (APN 922-032-015) IN THE CITY OF TEMECULA 9.4 Adopt a resolution entitled: 4 I RESOLUTION NO. 03-180 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF THIRD STREET, EAST OF MERCEDES STREET (APN 922-041- 014) IN THE CITY OF TEMECULA 9.5 Adopt a resolution entitled: RESOLUTION NO. 03-181 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF MERCEDES AND SECOND STREET (APN 922-071- 007) IN THE CITY OF TEMECULA 9.6 Adopt a resolution entitled: I RESOLUTION NO. 03-182 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY LOCATED AT 28674 MERCEDES STREET (APN 922-041-011 AND 012) AND AT 41871 THIRD STREET (APN 922-041-003) IN THE CITY OF TEMECULA 9.7 Approve an appropriation from unreserved General Fund balance in an amount not to exceed $1,683,500 for acquisition, escrow, closing costs, appraisal and soils testing, relocation and related fees. (Considered under separate discussion; see pages 7-9.) I 5 I I I 10 Tract Map No. 29305-1 (located north of Wolf Vallev Road and east of Pechanaa Parkway RECOMMENDATION: 10.1 Approve the agreement to defer completion of conditions of approval until after recordation of Final Map for Tract Map No. 29305-1; 10.2 Approve Tract Map No. 29305-1 in conformance with the conditions of approval. 11 California State Librarv Grant Aareement RECOMMENDATION: 11.1 Approve the agreement with the California State Library for grant funding for the Temecula Public Library. 12 Cable Franchise Aareement Extension of Time RECOMMENDATION 12.1 Adopt a resolution entitled: RESOLUTION NO. 03-183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING THE TERM OF THE CABLE TELEVISION FRANCHISE AGREEMENT WITH ADELPHIA CABLE COMMUNICATIONS TO JUNE 30, 2004 TO FACILITATE THE CITY'S NEGOTIATIONS WITH THE CABLE OPERATOR REGARDING RENEWAL OF THAT FRANCHISE AGREEMENT 13 Second Readina of Ordinance No. 03-12 RECOMMENDATION: 13.1 Adopt an ordinance entitled: 6 I ORDINANCE NO. 03-12 AN ORDINANCE OF THE CITY OF TEMECULA, CALIFORNIA, LEVYING A SPECIAL TAX TO FINANCE THE OPERATION, MAINTENANCE, AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, RECREATIONAL AND COMMUNITY SERVICES PROGRAMS, MEDIAN LANDSCAPING, ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS WITHIN THE REDHAWK ANNEXATION AREA TO BE ANNEXED TO THE CITY OF TEMECULA AS PART OF THE REORGANIZATION DESIGNATED BY THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION AS LAFCO 2003-26-03 SUBJECT TO A TWO-THIRDS VOTER APPROVAL OF VOTERS WITHIN THE REDHAWK ANNEXATION AREA 14 Second Readina of Ordinance No. 03-13 RECOMMENDATION: 14.1 Adopt an ordinance entitled: I ORDINANCE NO. 03-13 AN ORDINANCE OF THE CITY COUNCIL OF TEMECULA, CALIFORNIA, APPROVING PLANNING APPLICATION PA02-0522, AMENDMENT NO.2 TO SPECIFIC PLAN NO. 263 (TEMECULA REGIONAL CENTER) AMENDING SECTION III.C.1 TO ESTABLISH REGULATIONS RELATED TO TEMPORARY USES FOR THE LAND AREA ENCOMPASSED BY THE PROMENADE MALL AND SURROUNDING PARKING LOTS INTERIOR OF THE LOOP ROAD LOCATED AT 40820 WINCHESTER ROAD MOTION: Councilman Comerchero moved to approve Consent Calendar Item Nos. 1, 3-8, and 10-14 (Item No.2 was continued to January 13, 2004 and Item No.9 was pulled for separate discussion; see pages 7-9.) Councilman Washington seconded the motion and voice vote reflected approval with the exception of Mayor Stone who was absent. CONSENT CALENDAR ITEM CONSIDERED UNDER SEPARATE DISCUSSION 9. Purchase and Sale Aareements for property located in Old Town RECOMMENDATION: I 9.1 Adopt a resolution entitled: 7 I 9.2 9.3 I 9.4 9.5 I RESOLUTION NO. 03-177 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY LOCATED AT 41852 MAIN STREET (APN 922-041-008, 009 AND 010) IN THE CITY OF TEMECULA Adopt a resolution entitled: RESOLUTION NO. 03-178 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY LOCATED AT 41863 MAIN STREET (APN 922-032-020) IN THE CITY OF TEMECULA Adopt a resolution entitled: RESOLUTION NO. 03-179 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF MAIN AND MERCEDES STREET (APN 922-032-015) IN THE CITY OF TEMECULA Adopt a resolution entitled: RESOLUTION NO. 03-180 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF THIRD STREET, EAST OF MERCEDES STREET (APN 922-041- 014) IN THE CITY OF TEMECULA Adopt a resolution entitled: 8 I RESOLUTION NO. 03.181 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF MERCEDES AND SECOND STREET (APN 922-071- 007) IN THE CITY OF TEMECULA 9.6 Adopt a resolution entitled: RESOLUTION NO. 03.182 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY LOCATED AT 28674 MERCEDES STREET (APN 922-041-011 AND 012) AND AT 41871 THIRD STREET (APN 922-041-003) IN THE CITY OF TEMECULA 9.7 Approve an appropriation from unreserved General Fund balance in an amount not to exceed $1,683,500 for acquisition, escrow, closing costs, appraisal and soils testing, relocation and related fees. I Requesting the City Council's involvement with historic preservation, Ms. Carol Marsden, 30955 de Portola, referenced the desire to preserve the Escallier House at 41852 Main Street. Ms. Pam Grender, 45572 Callesito Altar, representing Temecula Valley Historical Society, noted that there is a historic plaque located on the Escallier House and that it would be the Society's desire to preserve this house. At the request of Mr. Jimmy Moore (President of the Temecula Valley Historical Society) who was unable to attend the City Council meeting, Ms. Eve Craig, 42960 Calle Reva, read his letter into the record, expressing concern with the City purchasing the Escallier House on 41852 Main Street and relaying the Society's desire to preserve this house in an effort to maintain the past. In light of the need for office space for the Society, Ms. Craig suggested that the Society be granted permission to utilize the house as such. Councilman Roberts requested that the City Council be provided historical information for all buildings that have been designated with a historical plaque. I In response to Councilman Comerchero, Director of Housing and Redevelopment Meyer advised that the City's focus has been on the acquisition of the property and that no decisions or direction has been given as to the disposition of the structures and noted that the City's could proceed with the agreements with the imposition of a condition that the two structures not be destroyed and be preserved either on its current site or on another site. 9 I In response to Councilman Washington, Director of Housing and Redevelopment Meyer advised that although studies would have to be completed, the Escallier House is located on a raised foundation and that such homes, in the past, have been successfully relocated. MOTION: Councilman Comerchero moved to approve staff recommendation with the addition of a condition that the building's residence and barn (41852 Main Street) not be destroyed and be preserved to the level possible and if not possible on the original site, then on another suitable location. The motion was seconded by Councilman Roberts and voice vote reflected approval with the exception of Mayor Stone who was absent. At this time, the following motion was offered with regard to Council Business Item No. 18 (Consolidation of City Council Elections in November of Even-Numbered Years). ~: Councilman Roberts moved to continue Item No. 18 to the meeting of January 13, 2004. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Mayor Stone who was absent. At this time, Public Hearing Item No. 15 was discussed out of order. PUBLIC HEARING 15 Adoption of the Western Riverside County Multiple Species Habitat Conservation Plan I RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 03-184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING RESPONSIBLE AGENCY FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN/NATURAL COMMUNITY CONSERVATION PLAN AND APPROVING THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN/NATURAL COMMUNITY CONSERVATION PLAN AND IMPLEMENTING AGREEMENT, ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS I 15.2 Adopt a resolution entitled: 10 I RESOLUTION NO. 03-185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN/NATURAL COMMUNITY CONSERVATION PLAN AND JOINT EXERCISE OF POWERS AGREEMENT CREATING THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY IMPLEMENTING THE PLAN 15.3 Adopt a resolution entitled: RESOLUTION NO. 03-186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO ESTABLISH PROCEDURES AND REQUIREMENTS FOR IMPLEMENTATION OF THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN 15.4 Introduce and read by title only an ordinance entitled: I ORDINANCE NO. 03-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 15.10, MULTISPECIES HABITAT CONSERVATION MITIGATION FEES, TO THE TEMECULA MUNICIPAL CODE TO ESTABLISH A LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN 15.5 Authorize the Mayor to execute 25 copies of the MSHCP Implementation Agreement. By way of maps, Principal Planner Brown presented the staff report (as per agenda material), noting the following: . That it has been a stakeholder driven process - community involvement . That the Plan will protect 146 species - 32 of which are endangered; will include the purchase of 153,000 acres; and will provide a mechanism for environmental mitigation for the infrastructure which needs to be built in the Western County . That participating cities will share in a $970 million road maintenance fund provided by Measure A. I At this time, the public hearing was opened. Referencing the rebuttal memorandum prepared by Best Best & Krieger, Mr. Sam 11 I Alhadeff, 43460 Ridge Park Road, #220, representing Ocean Atlantic, LLC, relayed support of the Multi-Species Habitat Conservation Plan (MSHCP) and noted that Ocean Atlantic's primary concern would relate to the impact the Plan would have on Old Town, specifically a project currently in the works, stating that nine MSHCP cells would impact Old Town and requesting that an additional exemption be added with regard to the Old Town area. In response to Councilman Roberts, Mr. Alhadeff advised that Rutan and Tucker are the Purchase and Sale counsel for Ocean Atlantic, LLC, and that they are requesting a continuance. City Manager Nelson, for Councilman Roberts, confirmed that, as per the County, if this Plan were adopted, the City would take cover the Hans process versus the County. I With regard to the project referenced by Mr. Alhadeff, Mr. Richard Lashbrook, Director of Riverside County Transportation Land Management Agency, advised that County and City staff has discussed the matter with Mr. Alhadeff and would recommend that the City work with the applicant and developer of this project; that the County has reviewed the project and would be of the opinion that development could occur for the Western Bypass Corridor in an effort to meet the conservation objectives; that it could be accomplished within the available flexibility of the Plan; that if objectives of the Plan were impacted, the remedy would be for the Resource Agencies to pull the permit. With regard to the project that Mr. Alhadeff is representing, City Attorney Thorson noted that flexibility would rest within the MSHCP, noting that the implementing procedures include an exemption for land subject to a Development Agreement; that a portion of this project is subject to a Development Agreement; that if the property were not able to be developed, there is an exception to avoid claiming of or taking of property; and that if the Plan were not adopted, the developer would be negotiating his development with the Fish and Wildlife Service. For Councilman Washington, City Attorney Thorson noted that the Federal Agency would have the ultimate authority as to the revocation of a permit after notice, hearing, and procedural safeguards, reiterating, as stated by Mr. Lashbrook, that a number of criteria must be satisfied as the development proceeds. In response to the previous comment, Mr. Lashbrook further noted that the issue would be whether or not to retain local control or State/Federal agency control with regard to the issuance of a permit. For Councilman Washington, City Attorney Thorson reiterated that the Western Bypass Corridor would be covered activity by way of the Development Agreement, resulting in vested property rights and noting that, in his opinion, the project would be exempt. Mr. Lashbrook, for Councilman Roberts, noted that he would not advocate a continuance in an effort to proceed with obtaining local control. I Congratulating Mayor Pro Tem Naggar and Councilman Washington on their reelection and election to the City Council, Mr. Bill Johnson, 29400 Rancho California Road, relayed his opposition to the Plan, noting the following: . That there would be no tax relief to the affected property owners 12 . I . . . . . That the affected property could not be financed because it would have no value That the Hans process is a nightmare of a process and it devalues property That tax defaulted property will go to the MSHCP That it would be a taking of private property That the process has not been stakeholder driven That the property in Old Town would be worthless; that it would not be developed; and that it would not be able to pass the Hans process and the Fish and Wildlife Agency That the right of private property should be supported That he would view the Plan as a taking of private property. Mr. Darren Stroud, 18101 Von Karman Avenue, Irvine, representing Property Owners' Association, Farm Bureau, and Castle and Cooke, noted the following with regard to the MSHCP: . That the Plan will not give the City autonomy That the cell criteria and conservation strategy will be complex with open-ended criteria That the criteria refinement process requires no loss of conservation. Mr. AG. Kading, representing AGK Group, 35411 Paseo Viento, Capistrano Beach, expressed concern with those property owners whose land has no environmental issues but an assessment will still be imposed, noting that from past experience if the Fish and Wildlife Agency were to be involved in the process, it would be a serious issue of concern to him. I At this time, the public hearing was closed. Mayor Pro Tem Naggar questioned whether a representative from the Howard Jarvis Taxpayers Association was in attendance of the meeting. There was no response. Commenting on the complexity of this issue and noting that the matter may have to be readdressed from time to time, Councilman Comerchero questioned what the City's alternative would be without the MSHCP, commenting on Mr. Kading's experience with the Fish and Wildlife Agency and relaying his support of the recommended action. In response to Councilman Washington's comment with regard to the change in philosophy of requiring all property owners to pay into conservation mitigation versus just the landowners where species have been found, Councilman Comerchero noted that this Plan would require everyone to participate at a fair share level and that a landowner would have to follow the process, in most cases, in order to determine whether or not endangered species are present, noting that this Plan would actually streamline that process. Noting the MSHCP is tied to the extension of Measure A as was the CETAP and TUMF programs, Councilman Roberts advised that the Howard Jarvis Proposition No. 13 Committee endorsed the extension of Measure A which included the MSHCP and relayed his support of the recommended action. I Addressing the letter from the Howard Jarvis Taxpayers Association, Councilman 13 I Comerchero referenced the falsities noted in the letter, clarifying that the assessed fee associated with this Plan would be imposed upon the landowner, developer, or the new homeowner but reiterated that the assessment would not impact existing residents. Without the approval of the Multi-Species Habitat Conservation Plan, City Manager Nelson advised that the City would possess the blanket environmental approval necessary to build the roads designed within Measure A; stated that sales taxpayers, within the County, would be concerned about paying sales tax dollars for new roads that are to be designed to offset new development only to find out that these roads cannot be constructed because of not having the necessary blanket clearances, noting that these roads were approved through the adoption of Measure A. Being of the opinion that the proposed Plan will streamline the process, Mayor Pro Tem Naggar noted that it will as well enable the City to environmentally mitigate impacts for the necessary roads, freeways, and open space, viewing the proposed action as proactive. For those residents concerned about the letter sent by the Howard Jarvis Taxpayers Association, Mr. Naggar advised that a response letter has been drafted by the City and could be obtained at City Hall. MOTION: Councilman Roberts moved to approve staff recommendation no. 15.1, 15.2, and 15.3. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Mayor Stone who was absent. I At this time, City Attorney Thorson read Ordinance No. 03-14 into the record. ~: Councilman Comerchero moved to approve staff recommendation no. 15.4. The motion was seconded by Councilman Roberts and voice vote reflected approval with the exception of Mayor Stone who was absent. ~: Councilman Comerchero moved to approve staff recommendation no. 15.5. The motion was seconded by Councilman Roberts and voice vote reflected approval with the exception of Mayor Stone who was absent. At 8:23 P.M., the City Council recessed for a short break; convened, at 8:36 P.M. as the Temecula Community Services District and the Temecula Redevelopment Agency; and resumed the regular City Council business at meeting resumed with regular business at 8:50. P.M. PUBLIC HEARING 16 Auto Mall Expansion Development Aareement (PA03-0565) RECOMMENDATION: 16.1 Adopt a resolution entitled: I 14 I RESOLUTION NO. 03.187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE NEGATIVE DECLARATION FOR THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND NORTH PLAZA, LLC REGARDING THE AUTO MALL PROPERTIES (PLANNING APPLICATION NO. 03- 0565) 16.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 03-15 AN ORDINANCE OF THE CITY OF TEMECULA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND NORTH PLAZA, LLC REGARDING THE AUTO MALL PROPERTIES (PLANNING APPLICATION NO. 03-0565) Assistant City Manager O'Grady presented the staff report (of record), highlighting key provisions of the proposed agreement, as follows: I . That the agreement would run for a 10-year term . That a minimum of 20 acres must be sold prior to May 1, 2004 for auto related uses . That the Purchase Agreement and escrow should be finalized within the next 30 days, noting that those involved were of the opinion that the open issues will be resolvable . That the Transportation Uniform Mitigation Fee will be phased beginning July 1, 2004 . That the Development Impact Fee will be frozen at the current level until July 1, 2006. Referencing Mr. Dick Kennedy's letter (of record), Mr. Fred Grimes, 41623 Margarita Road, #100, representing Norm Reeves Super Group and various other dealers, expressed appreciation to the City for its efforts in the formation of this Development Agreement; commended Assistant City Manager O'Grady on his efforts associated with the Agreement; and stated that a closing target date of January 15, 2004 would be anticipated, noting that the open issues primarily pertain to closing dates, engineering issues, etc. Mr. Isaac Lizarraga, 26895 Ynez Road, representing Rancho Ford Lincoln Mercury and the Temecula Auto Dealers Association, as well recommended the support of the proposed action. At this time, the public hearing was closed. I Advising that the Economic Development Subcommittee (comprised of Councilman Roberts and Councilman Comerchero), Mr. Dick Kennedy, Mr. Bill Johnson, and Assistant City Manager O'Grady have worked on this project for the past two plus years, 15 I Councilman Comerchero relayed his support of the recommendation. Councilman Washington, echoed by Councilman Comerchero, commented on the retail dollars the Auto Mall provides to the community and complimented staff and others involved with the formation of this agreement. MOTION: Councilman Washington moved to approve staff recommendation no. 16.1. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Mayor Stone who was absent. Mayor Pro Tem Naggar complimented Councilman Comerchero and Councilman Roberts on their negotiation efforts, commenting on the City's retail auto industry as well as the City's ability to secure right-of-way for another overcrossing. City Attorney Thorson read Ordinance No. 03-15 by title only into the record. MOTION: Councilman Washington moved to approve staff recommendation no. 16.2. The motion was seconded by Councilman Roberts and voice vote reflected approval with the exception of Mayor Stone who was absent. COUNCIL BUSINESS 17 Appointment of Mayor and Mavor Pro Tem for Calendar Year 2004 I RECOMMENDATION: 17.1 Entertain motions from the City Councilmembers to appoint the Mayor to preside until the end of calendar year 2004; 17.2 Entertain motions from the City Councilmembers to appoint the Mayor Pro Tem who will assume the duties of the Mayor in the Mayor's absence and hold this office until the end of calendar year 2004. ~: Councilman Washington moved to appoint Mayor Pro Tem Naggar as the Mayor for calendar year 2004 and Councilman Comerchero as the Mayor Pro Tem for calendar year 2004. The motion was seconded by Councilman Roberts and voice vote reflected approval with the exception of Mayor Stone who was absent. 18 Consolidation of City Council Elections in November of Even-Numbered Years RECOMMENDATION: 18.1 Consider adoption of an ordinance to change the date for holding City Council Elections to November of even-numbered years and if desired, read by title only and introduce an ordinance entitled: I 16 I ORDINANCE NO. 03"- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUIRING THAT THE GENERAL MUNICIPAL ELECTIONS OF THE CITY OF TEMECULA BE HELD ON THE FIRST TUESDAY AFTER THE FIRST MONDAY OF NOVEMBER IN EACH EVEN.NUMBERED YEAR As previously discussed and acted on, this item was continued to the City Council meeting of January 13, 2004 (see page 10.) 19 Summarilv vacate portion of Park Plaza Lane in Parcel Map No. 23496 (located within Auto Mall Development at Ynez Road) RECOMMENDATION: 19.1 Adopt a resolution entitled: RESOLUTION NO. 03.188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUMMARILY VACATING A PORTION OF PARK PLAZA LANE IN PARCEL MAP NO. 23496 I MOTION: Councilman Roberts moved to approve the staff recommendation. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Mayor Stone who was absent. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT Recognizing the Economic Development Subcommittee for its efforts associated with the Auto Mall Expansion Development Agreement, City Manager Nelson as well commended Assistant City Manager O'Grady on a job well done. CITY ATTORNEY'S REPORT With regard to Closed Session Item Nos. 1-3 (real property transactions), City Attorney Thorson advised that these matters would not be finalized until final approval from the City Council. I Mr. Thorson noted that there was a subsequent need item with respect to Conference with legal Counsel, pursuant to Government Code Section 54956.9(a) - Case of Lockheed Properties v. Riverside County Habitat Conservation Agency. It was noted that the Council found that a need for Closed Session Item arose after the agenda had been posted and that there was a need to act prior to the next City Council meeting; therefore, the City Council by a unanimous vote approved the Settlement Agreement for 17 I I I this case. He noted that the State will be purchasing the Lockheed property, approximately 9,200 acres in Riverside County; that the agreement is mutual release of all parties and dismissal of litigation; and that close of escrow will be by the end of the year. ADJOURNMENT At 9:19 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday, January 13, 2004, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. 18