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.
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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;
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· 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
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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.
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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:
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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:
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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.
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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)
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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.
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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.
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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:
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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.
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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.
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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
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