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HomeMy WebLinkAbout081401 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL AUGUST 14, 2001 CALL TO ORDER The City of Temecula City Council convened in Closed Session at 6:30 P.M., on Tuesday, August 14, 2001 in the Main Conference Room of Temecula City Hall, 43200 Business Park Drive, Temecula, California. The Open Session of the City Council meeting commenced at 7:06 P.M. in the City Council Chambers. ROLL CALL Present: Councilmembers: Councilmember: Naggar, Pratt, Roberts, Stone, and Mayor Comerchero. Absent: None. PRELUDE MUSIC The prelude music was provided by Ms. Kate Welsh. INVOCATION The invocation was given by Pastor Randy R. Johnson of Temecula United Methodist Church. ALLEGIANCE The audience was led in the Flag salute by Venture Crew No. 337. PRESENTATIONS/PROCLAMATIONS Good Neiqhbor Award Recipient Mayor Comerchero presented Mr. and Mrs. Fundum the Good Neighbor Award for 2001, highlighting the philanthropic actions of this couple in the community. Recoqnition of the Temecula Valley Volleyball Club "Vipe¢' - National Champions After Mayor Comerchero recognized the national volleyball champions from the Temecula Valley Volleyball Club, a video presentation was provided, outlining this team's accomplishments, Mayor Comerchero recommending that the seen where the winning championship point was made be included in the year-end review of the City events. Balloon and Wine Festival Presentation Presenting a signed framed poster to the City representing the 2001 Balloon and Wine Festival Event, Mr. Rusty Manning relayed gratitude to the City Council for its support. R;\Minutes\081401 I PUBLIC COMMENTS Ms. Charolette Fox, representing the Master Gardeners, provided an overview of the upcoming Gardening Symposium Event which was scheduled for September 1st from 9:00 A.M. to 4:00 P.M. CITY COUNCIL REPORTS Updating the City Council and the community regarding the Temecula Alternative Fuel Working Group meeting, Mayor Pro Tem Roberts noted the receipt of a $250,000 grant, specifying hopes of receiving three additional upcoming grants, relaying the goal to implement a program whereby there would be an agreement to purchase new alternative fuel vehicles for a minimum of ten heavy- or medium-duty vehicles in this area, noting the various entities involved with the agreement. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes RECOMMENDATION: 2.1 Approve the minutes of July 10, 2001. Resolution approvin.q List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 01-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Report as of June 30, 2001 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of June 30, 2001. 2 3 R;\Minutes\081401 2 5 Purchase of City Vehicles 7 8 RECOMMENDATION: 5.1 Approve the purchase of one 2001 Ford Ranger from Rancho Ford at $16,856.26; two Ford Y2 ton, four-wheel drive, pick-up trucks from Ranch Ford at $45,035.28; one 2001 Chevrolet ~,~ ton, four-wheel drive, four-door pick-up truck from Paradise at $31,317.98; and one 2001 Ford utility truck from Rancho Ford at $54,825.00. Records Destruction Report RECOMMENDATION: 6.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. Approval of Contracts for Plan Review Services RECOMMENDATION: 7.1 7.2 Approve a three-year agreement for Consultant Services with Esgil Corporation to perform plan review services for the Building and Safety Department for a total amount not to exceed $100,000.00 annually. Approve a three-year agreement for Consultant Services with VanDorpe Chou and Associates to perform plan review services for the Building and Safety Department for a total amount not to exceed $100,000.00 annually. Consideration of The Inland Empire Susan G. Komen Breast Cancer Foundation 9 Race for the Cure Sponsorship Request RECOMMENDATION: 8.1 Approve the event sponsorship agreement in the amount of $25,000 with the Inland Empire Affiliate of the Susan G. Komen Breast Cancer Foundation and authorize the Mayor to execute the agreement. This item was pulled for separate discussion; see page 6, Approve Sponsorship Requests for the Temecula Town Association Special Events RECOMMENDATION: 9.1 Approve funding for the Rod Run for actual City-support costs in the amount up to $34,880; 9.2 Approve funding for the Frontier Days Rodeo for actual City-support costs in the amount up to $8,470; R;'~linutes\081401 3 11 12 10 9.3costsAppr°Vein thefundingamountf°r upthetoGreat$15,720.Temecula Tractor Race for actual City-support ~3_14.3.-6 _23143-7 23143-8 23143-9 23143-10 23143-11 and 23143-F located south of Pauba Road east of Butterfield Sta e Road and north of De Porto/a Road now in conformance with its od inal a royals. RECOMMENDATION: 10.1 Approve Tract Map Nos. 23143-6, 23143-7, 23143-8, 23143-9, 23143-10, 23143-11, and 23143-F in conformance with the conditions of approval; 10.2 Approve the Subdivision improvement Agreements; 10.3 Approve the Subdivision Monument Agreements and accept the Faithful Performance Bonds, Labor and Material Bonds, and Monument Bonds as security for the agreements. _Tract Map No. 23209 - Subdivision Aqreeme~,! RECOMMENDATION: 11.1 Approve the Subdivision Agreement and accept the Performance Bond security to guarantee the performance of the subdivider under this agreement. Professional Services Aqreement for Desi,qn Services - Fire Station Wolf Crcc~; Site - Project No. PW01-11 RECOMMENDATION: 12.1 Approve an acceleration of $100,000.00 from the Capital Improvement Program Budget for FY2002-03 to the current FY2001-02 budget for the Fire Station Wolf Creek Site - Project No. PW01-11; 12.2 12.3 Approve a Professional Services Agreement with STK Amhitecture, Inc. in an amount not to exceed $159,500.00 to provide design services for the Fire Station Wolf Creek Site - Project No. PW01-11 - within the planned wolf Creek Development and authorize the Mayor to execute the agreement; Authorize the City Manager to approve amendments/change orders not to exceed the contingency amount of $15,950.00, which is equal to 10% of the agreement. This item was pulled for separate discussion; see page 6. R;\Minutes\081401 4 13 Completion and Acceptance for the Low-Flow Crossinq at Via Montezuma Project No. PW99-15 14 RECOMMENDATION: 13.1 Accept the project for the Low-Flow Crossing at Via Montezuma - Project No. PW99-15 - as complete; 13.2 File a Notice of Completion, release the Performance Bond, and accept a · one-year Maintenance Bond in the amount of 10% of the contract; 13.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion, if no liens have been filed. Completion and Acceptance of the Liqht Emittinq Diode (LED) Traffic Si.qna Conversion Proqram - Project Number PW01-0R RECOMMENDATION: 14.1 Accept the Light Emitting Diode (LED) Traffic Signal Conversion Program - Project No. PW01-03 - project as complete; 14.2 File a Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract; and 14.3 Release the Materials and Labor Bond seven months after filing of the notice of completion, if no liens have been filed. 15 Parcel Map No. 30044 (located on the south east corner of Dendy Parkway and Winchester Road) RECOMMENDATION: 15.1 Approve Parcel Map No. 30044 in conformance with the conditions of approval; 15.2 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. 16 Roripauqh Specific Plan - Status Report RECOMMENDATION: 16.1 Receive and file. MOTION: Councilman Stone moved to approve Consent Calendar Item Nos. 1-7, 9-11, and 13-16, Item Nos. 8 and 12 being pulled for separate consideration. The motion was seconded by Mayor Pro Tem Roberts and voice vote reflected unanimous approval with the exception of who was absent. R;\Minutes\081401 5 At this time the City Council considered Consent Calendar Item Nos. 8 and 12 which were pulled for separate consideration. 8 Consideration of The Inland Empire Susan G. Komen Breast Cancer Foundation Race for the Cure Sponsorship Request RECOMMENDATION: 8.2 Approve the event sponsorship agreement in the amount of $25,000 with the Inland Empire Affiliate of the Susan G. Komen Breast Cancer Foundation and authorize the Mayor to execute the agreement. Thanking the City Council for its support of the Susan G. Komen Breast Cancer Foundation Race, Ms. Joan Sparkman distributed T-shirts to the Councilmembers. MOTION: Councilman Stone moved to approve staff's recommendation.. The motion was seconded by Mayor Pro Tem Roberts and voice vote reflected unanimous approval. 12 Professional Services Aqreement for Desiqn Services - Fire Station Wolf Creek Site - Project No. PW01-11 RECOMMENDATION: 12.1 Approve an acceleration of $100,000.00 from the Capital Improvement Program Budget for FY2002-03 to the current FY2001-02 budget for the Fire Station Wolf Creek Site - Project No. PW01-11; 12.2 Approve a Professional Services Agreement with STK Architecture, Inc. in an amount not to exceed $159,500.00 to provide design services for the Fire Station Wolf Creek Site - Project No. PW01-11 - within the planned wolf Creek Development and authorize the Mayor to execute the agreement; 12.4 Authorize the City Manager to approve amendments/change orders not to exceed the contingency amount of $15,950.00, which is equal to 10% of the agreement. Mr. William Griffith, representing Spring Pacific Properties, noted the applicant's support of the recommendation to accelerate the construction of the Fire Station in the Wolf Creek area, noting that this was a much-needed public infrastructure; and provided an overview of the Wolf Creek applicant's alternate improvements in the community. MOTION: Councilman Stone moved to approve staff's recommendation; and to direct staff to begin efforts regarding expanding the Faster Ambulance Service in Temecula (FAST) Program, planning a paramedic service on the south side of the City, recommending that this service be in place by July of 2002. The motion was seconded by Mayor Pro Tern Roberts and voice vote reflected unanimous approval. At 7:34 P. M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency, recessing at 7:53 P.M., and reconvening at 8:09 P.M., with regularly scheduled City Council business. COUNCIL BUSINESS R;~Minutes~081401 6 17 Harveston RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 01-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE HARVESTON SPECIFIC PLAN AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE HARVESTON SPECIFIC PLAN, LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMITS (PLANNING APPLICATION 00-0189) 17.2 Adopt a resolution entitled: RESOLUTION NO. 01-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 99-0419 (GENERAL PLAN AMENDMENT) FOR THE HARVESTON SPECIFIC PLAN AREA AND THE TWO EXCLUDED PARCELS WITHIN THE SPECIFIC PLAN ON PARCELS TOTALING 550 ACRES LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT 17.3 Adopt a resolution entitled: RESOLUTION NO. 01-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING SPECIFIC PLAN NO. 13 (PLANNING APPLICATION NO. 99-0418) ON PARCELS TOTALING 550 ACRES LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT R;'~Vlin utes\081401 7 17.4 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 01-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ZONE CHANGE, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA, AMENDING SECTION 17.16.070 OF THE TEMECULA MUNICIPAL CODE, AND ADOPTING ZONING STANDARDS FOR THE HARVESTON SPECIFIC PLAN NO. 13 ON PARCELS TOTALING 550 ACRES LOCATED ADJACENT TO INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT (PLANNING APPLICATION 99-0245) 17.5 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 01-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND LENNAR COMMUNITIES AND WINCHESTER HILLS I LLC" FOR THE HARVESTON SPECIFIC PLAN AREA (PLANNING APPLICATION NO. 99-O446) 17.6 Adopt a resolution entitled: RESOLUTION NO. 01-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 00-0295 - TENTATIVE TRACT MAP NO. 29639, THE SUBDIVISION OF APPROXIMATELY 550 ACRES INTO 91 LOTS WHICH CONFORM TO THE PLANNING AREAS, OPEN SPACE AREAS, SCHOOL AND PARK SITES OF THE HARVESTON SPECIFIC PLAN LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 910-261-001, 910-261-002, 910-110-013, 910-110- 015, 910-110-020, 910-110-021, 910-110-027, 910-110- 076, 910-100-007, 910-100-008, 910-060-009, 910-120- 008, 911-630-001, 911-630-002, 911-630-003, 911-640- 001, 911-640-002, 911-180-002, 911-180-003, 911-180- 004, 911-180-008, 911-180-009, 911-180-015, 911-180- 023 AND 911-180-028 R;\Minutes\081401 8 17.7 Adopt a resolution entitled: RESOLUTION NO. 01-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01-0030 - TENTATIVE TRACT MAP NO. 29928, THE SUBDIVISION OF APPROXIMATELY 40 ACRES INTO 140 RESIDENTIAL LOTS AND 21 OPEN SPACE LOTS IN PLANNING AREA 7 OF THE HARVESTON SPECIFIC PLAN; LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 911-180-003, 911-180-004, 911-640-001 AND 911-630-003 17.8 Adopt a resolution entitled: RESOLUTION NO. 01-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01-0031 - TENTATIVE TRACT MAP NO. 29929, THE SUBDIVISION OF APPROXIMATELY 20 ACRES INTO 118 RESIDENTIAL LOTS AND 3 OPEN SPACE LOTS IN A PORTION OF PLANNING AREAS 3 AND 4 OF THE HARVESTON SPECIFIC PLAN; LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 910-261- 001, 910-261-002, 911-180-002, 911-180-003, 911-180- 004 AND 911-180-015 17.9 Adopt a resolution entitled: RESOLUTION NO. 01-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01-0032 - TENTATIVE TRACT MAP NO. 30088, THE SUBDIVISION OF APPROXIMATELY 9.18 ACRES INTO 38 RESIDENTIAL LOTS AND 8 OPEN SPACE LOTS IN A PORTION OF PLANNING AREA 4 OF THE HARVESTON SPECIFIC PLAN; LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 911-630- 001,911-630-002 AND 911-180-015 R;'~linutes\081401 9 The Staff Report is Presented Noting that this item had been continued from the July 24th City Council meeting in order for staff to address concerns raised by the representatives of the City of Murrieta and Channell Corporation, Deputy City Manager Thornhill relayed that the Subcommittee, staff, and the applicant met with the Murrieta representatives and addressed the concerns of the Channel Corporation, advising that the following items were agreed to: Lennar Communities and Winchester Properties agreed to allow the imposition of a Transportation Uniform Mitigation Fee (TUMF), if adopted by the County (implemented via the DA); The City of Temecula agreed to pledge a sum equal to a minimum of fifty percent (50%) of the sales tax revenues generated from the Winchester Hills commercial property that would be dedicated towards the Cherry Street Interchange or the Date/Cherry Streets Corridor (implemented via the resolutions in the Specific Plan). With respect to traffic mitigation in the City of Murrieta, Lennar Communities has agreed to pay the City of Murrieta $603,800 for improvements in the City of Murrieta (implemented via the DA); With respect to the City of Murrieta's review of future traffic studies, the City of Temecula agreed to provide the City of Murrieta with all subsequent traffic studies relating to the project (implemented via the resolutions); and With respect to the Channel Corporation issues, four conditions have been added to the Conditions of Approval for the project which allay the concerns previously expressed, noting that with the inclusion of these conditions, Channell Corporation agrees to withdraw its previous objections to the project (referencing a letter from the Channell Corporation representatives dated August 14, 2001). For Councilman Stone, Deputy City Manager Thornhill advised that the applicant was agreeable to the above-mentioned changes. For clarification, City Attorney Thorson noted that the changes recommended to the Specific Plan by the Planning Commission are attached as Item No. 13 in the agenda packets, and that all of the revisions relating to the issues raised by Channell Corporation and the City of Murrieta are attached as Item No. 22. The Public is Invited to Comment The following individuals spoke as proponents of the project: Mr, Mark S, Bailey Mr. David Neault Mr. Jon Solter Mr. John Dedovesh Ms. Malinda Smith Mr. Greg Morrison Mr. Jack VanHaaster Dr. Robert Wheeler 44763 CaIle Banuelos 41877 Enterprise Circle 39400 Canyon Rim Circle 39450 Long Ridge Drive 29705 Solana Way 30727 Loma Linda Road 24641 Washington Avenue 29090 Camino Alba Murrieta representing Temecula Valley Pop Warner representing A.B,C.Child Care Center representing the City of Murdeta R;'~vlinutes\081401 t0 The above-mentioned individuals were in favor of the project for the following reasons: The project design elements supercede alternate developments in the area, setting a new standard for projects. This proposal should be the trendsetter for projects that the County approves. The community's need for the open space and recreational facility provisions. Commended the applicant for the elementary school for Harveston which has already been built prior to project's approval, noting the commitment to the City. Opposed to this project being placed on ballot which would thwart the planning process. The mixture of densities and diverse housing opportunities would be beneficial to the community. The negative traffic impacts in the City of Temecula are primarily generated from areas outside of Temecula. Queried why the City of Murrieta has not ~equested the County projects to contribute to traffic mitigation and not just projects within the City of Temecula. Commended staff and the City Council for the years of work contributing to this particular proposal. This type of project would perpetuate the wonderful community Temecula is. The infrastructure the developer would be implement. Relayed the residents' desire to have sensible growth, allowing for the continued quality of life, economic viability, and strong business-friendly environment that the community has grown accustomed to, advising that this project goes above and beyond the requirements, exceeding all expectations. Noted opposition to the select few are attempting to sideline the legitimate planning process, requiring certain projects to subscribe to a process that others have not (i.e., placing the project on the ballot). Thanked staff and the City Council Subcommittee members for meeting with representatives from the City of Murrieta to address its concerns, requesting that the Murrieta representatives be involved in the future process of reviewing traffic studies. Relayed that in the future the public will be utilizing public transit, recommending that there be coordinated efforts with the County to develop a transit system. Commending Mr. Bailey for his efforts regarding Pop Warner Football, Councilman Stone noted that there were 8-10 Pop Warner teams practicing at the same time, confirming the need for additional sports fields; and queried how many youths were involved in the program. In response, Mr. Bailey noted that in tackle football there were 485 participants, and 66 involved with flag football. For Naggar, Mr. Neault reiterated that he would be working on the project with respect to the vegetable garden that would be installed at the school site with separate plots for each class; and for Councilman Stone, noted that outside of the School District project he would not be involved in this project's development. In response to Councilman Naggar, Mr. VanHaaster relayed that per the traffic study of Murrieta there would potentially be two additional roads connecting to Temecula (Ynez and Diaz Roads), contingent upon the completion of the Interchange Project; and confirmed that at this time there is no funding designated from the City of Murrieta to contribute to the Interchange Project. R;\Minutes\081401 ti Addressing Councilman Naggar's queries, Deputy City Manager Thornhill confirmed that Murrieta's review of future traffic studies related to this project would be included in the resolutions associated for the project, City Manager Nelson providing additional clarification, noting that in subsequent traffic studies, the Public Works Department would have opportunities to comment and make appropriate changes, as necessary, Senior Planner Hogan providing additional information, confirming that if an additional improvements were necessary that the work could be required to be implemented prior to further development. Mayor Pro Tem Roberts commented on the efforts of both the Cities of Murrieta and Temecula to have a specific traffic improvement project designated in hopes of receiving the extension Measure A funding. Reiterating Mr. VanHaaster's comments that he was pleased with the level of cooperation from the City of Temecula, Mayor Comerchero requested that this message be forwarded to the Murrieta City Council, relaying hopes of a renewed era of cooperation between the two Cities. For Councilman Naggar, Dr. Wheeler clarified that mass transit would be required in the future in his opinion, noting that over time driving patterns could be changed. For the record, City Clerk Jones relayed that Ms. Penny Alexander-Kelley, attorney for the Channell Corporation had requested that the City's receipt of her letter dated'August 14, 2001, be noted. The following individuals spoke ~n opposition to the project: [] Mr. Mark Broderick [] Mr. Carl Ross 45501 Clubhouse Drive 43886 Butternut Drive The above-mentioned individuals were not in favor of the project for the following reasons: Clarified that the applicant did not have discussions with Mr. Broderick, as indicated at the last hearing, although Mr. Broderick did receive information from the applicant's environmental consultant, and did attend a meeting reviewing the Land Use Plan which was abruptly stopped. Noted that over half of the Land Use designations incorporate high-density, small lot housing products which is not appropriate in the City of Temecula. Relayed that the consultant preparing the traffic studies for this project had previously prepared the City of Temecula's 1999 study which was paid for, but not adopted. Noted the City's opposition to the County's high density project, requesting that the City Council be consistent and oppose this project. Objected to the option the developer has to build homes on 2,000 square foot lots in Planning Area Nos. 3, 5, 9, and 11, recommending that this option be eliminated. R;\Minutes\081401 12 The Applicant's Rebuttal Mr. Becker addressed the following issues: For Naggar, with respect to the School Agreement, clarified that regarding the elementary school which has been constructed prior to the project's approval, that to the best of his knowledge the applicant would not be able to transfer or sell those credits if this project was not developed. With respect to the Service Commercial portion of the Agreement, noted the applicant's desire to extend this for fifteen years, relaying the delay in being able to initiate development on this property which has been discussed with staff, and in the meetings with the City of Murrieta. Clarified that it was one of the developer's consultants that had communicated with Mr. Broderick (and not the developer, himself), addressing his concerns regarding Land Use considerations. Advised that "quality of life" was a relative term, noting that various individuals were of the opinion that quality of life could be attained with a wide range of homesites which provides homeownership opportunities for a larger range of potential buyers, relaying the efforts to create a quality project. Clarified that the density was not being increased. Noted that while there were minimum square foot homesites allowed in each planning area, that there was also a maximum number of units permitted, ergo if clustering product was implemented there would be additional open space or alternate recreation uses. After additional discussion ensued regarding setting a time limit for the City Council questioning period, it was the general consensus of the City Council (Councilman Naggar noting his opposition) to allow 15 minutes per each Councilmember. Addressing the comments and questions of the City Council~ the followin.q information was provided by the applicant's representatives and staff: In response to Councilman Naq.qar's comments, the followinq data was relayed: Addressing the reference from the newspaper where it was stated that the applicant was willing to stand behind the traffic analysis, Mr. Becker advised that the applicant was prepared to defend this analysis legally. With respect to the traffic study that the City did not adopt which was prepared by the same traffic consultants for this project, Mr. Davis confirmed that much of the same data was incorporated into this project's analysis due to the study being the most recent data for the City at build out; noted that the projections for the Levels of Service (LOSs) indicated were based on a long-range forecast, advising that the study did not include any shift towards transit, or any changes due to additional mitigation measures; confirmed that the original General Plan Circulation Element would render worsened LOSs; and clarified that with all the cumulative impacts of the City (without additional mitigation) the denoted LOSs were anticipated (including a LOS of F and E at specified intersections.) Director of Public Works Hughes relayed that while Caltrans has not approved the Date/Cherry Streets Intemhange Project yet, that the Draft Project Study Report had R;\Minutes\081401 13 been received and would be circulated for adoption; and noted that October was the estimated date for approval from Caltrans. With respect to parking provisions at the lake, Deputy City Manager Thornhill relayed that staff was satisfied with the provisions based on the size of the facility, advising that if the lake is made accessible to the public, it would most likely necessitate some design changes. Mr. Davis confirmed that Clinton Keith Road was assumed to go through in the full build out analysis. In response to queries regarding the acquisition of off-site property failed to be acquired by the applicant but required for the construction of off-site improvements (denoted in the DA on page 12), City Attorney Thorson confirmed that if the developer cannot acquire the denoted properties, the City would be able to acquire the property for the necessary improvements, advising that it was likely that the project would only go forward if the City acquired the property that the developer was unable to. City Manager Nelson confirmed that with respect to the Development Fee, all of those monies were being utilized for road improvements, confirming that the agreed fee was $1500 per unit. Mr. Becker confirmed that the SMART Shuttle Program Agreement was for a period of two years. Mr. Storm relayed that the lake maintenance would cost approximately $4,000 per month, advising that the City's fifty percent (50%) share would be approximately $2,000. Director of Public Works Hughes relayed that adjustments could be made to the traffic improvement plans as subsequent traffic studies were reviewed to address specific impacts; and clarified that the DA was now requiring that the improvements be installed upfront. In resPonse to Councilman Stone's comments, the followinq information was retayed: Mr. Davis confirmed that if the project was not developed, yet all the improvements associated with the project were implemented, the traffic count would change, somewhat, in the localized project area, but that from 1-2 miles away from the project, the changes in traffic (without the project) would be insignificant, confirming that the deterioration at the intersections was primarily impacted from cumulative effects from outside the City limits; noted that with the Harveston Project implemented and the improvements installed, none of the intersections would be compromised (below a LOS of D) once the project builds out; with respect to Condition No. 47, advising that this condition addressed traffic studies that would be conducted in the future in order for more precise assumptions to be made; and relayed that he has been working as a traffic engineer for over 23 years. For the record, Councilman Stone noted that after reviewing the plans, he was satisfied with the parking provisions at the lake facility, relaying that pedestrian, and bicycle travel should be encouraged. R;\Minutes\081401 14 With respect to the traffic calming elements viewed in south Orange County, Councilman Stone relayed the desire for assurance that the direction to staff, specifically Fire Department personnel, was to investigate the feasibility of installing these elements due to the ambience created. In response, City Manager Nelson confirmed that staff would be investigating this matter. In response to Councilman Pratt's comments, the followinq information was relayed: For Councilman Pratt, Mr. Becker relayed that he would be willing to have discussions with other developers to investigate the potential of the private sector working in conjunction with the public sector to provide a public transportation system. In response to Mavor Pro Tern Roberts' comments the following information was relayed: Mr. Becker relayed that Lennar Communities would be contributing $300,000 for a shuttle service; and confirmed that within the commitment to the SMART shuttle Program, the applicant would be willing to refine the plan to provide specific school routes, in particular to the middle school. In response to Mayor Comerchero's comments, the followin.q information was relayed: Noting that he served on the Subcommittee that addressed the transportation enhancement program associated with this project, Mayor Comerchero relayed that Mayor Pro Tern Roberts' recommendation could be easily incorporated into the plan, making the shuttles available in the mornings and afternoons for school transport, and maintaining the regular routes during the balance of the day. Mr. Becker advised that per Mayor Comerchero's request, the applicant has agreed to deed in fee the lake, and the Lake Park, to the City, noting the fifty pement (50%) contribution for the lake maintenance from the City, and the balance being maintained by the HOA; and advised that efforts are being made at this time to develop the rules and regulations associated with the lake which would be encompassed in an additional agreement which would be brought before the City Council at a future point in time. Mr. Bill Storm specified the parking provisions at the lake, confirming that these parking areas would not negatively impact any residential homesites. Mr. Becker outlined the infrastructure which would be installed prior to the construction of homes which totals approximately $34 million in public improvements Prior to any Occupancy. The meeting recessed at 9:50 P.M., reconvening at 10:00 P.M. At this time Mayor Comerchero closed the public hearing. The City Council Provided Closin,q Comments Enumerating the elements of the plan that he was pleased with in the Harveston Project Plan, Mayor Pro Tem Roberts relayed that this proposal included the first true Village Concept implementation in Temecula, additionally noting the lake, the Lake Park, the amphitheater, the 52.9 acres of parkland, and the traffic improvements; with respect to R;\Minutes\081401 15 the density issue, noted the varied desires in the community, referencing other areas in the community; advised that he could find no negative elements associated with this particular project, relaying his extensive review on the project inclusive of serving on the Subcommittee, additionally, noting the tours to Orange County to visit other Lennar developments; and relayed his support of this project. Noting that he recently read every page of the General Plan, and this particular Development Agreement, Councilman Pratt noted his goal to address a traffic plan which in turn would address all the other issues related to growth, relaying the eight points of his plan, as follows: 1 ) referenced the General Plan Circulation Element (denoted as Government Code Section 65302 B) which requires the following in circulation eTements - a circulation element consisting of the general location and extent of existing and proposed thoroughfares, transport routes, terminals, and other local public utilities and facilities all correlated with the land, 2) the health, safety, and welfare of the citizens are in jeopardy as a result of this period of over eight years of unbalanced execution of the requirements of the General Plan (denoted as California Code Section 65858 A), 3) Temecula is a traffic destination and pass-through area, ergo cumulative traffic mitigation is mandatory, and the present conditions of lack of convenient public transportation is the failure of the City to execute equitable all the elements of the General Plan, 4) no further building permits for further construction permits should be issued until a mandatory approach to traffic mitigation is in place, 5) an alternate choice for convenient public transport should be provided, 6) the citizens need to participate in permanent zero tolerance traffic moving violations with continuing upgrades, 7) the above-mentioned program can be implemented prior to the 2001 Christmas season with the cooperation of staff and the City Council, and 8) noted that he had additional data related to funding sources for this program; concluded that growth was inevitable; noted that this particular project would not have a specific negative general impact if this program was in place; clarified that while he was pleased with this particular project, that to move forward there would need to be plan for a public transit system. Councilman Naggar noted that the difference between this project and other projects was that it would determine whether the City heads toward urban big-city development or maintain a suburban rural atmosphere; commented on the new concepts included in the project, the clustering of homes, the creation of transit nodes, and the Village Center to induce people to walk, advising that he was uncertain whether this type of planning is effective; relayed that he had gone door-to-door to gain the public's input regarding the Harveston Project, noting what while initially the public expressed that they were pleased with the proposal, that after he relayed the proposed lot sizes, and the traffic concerns, that individuals began to query the benefits of this project; relayed his strong reluctance to create a community that looks like the areas residents left, to move here; advised that since these points we his own opinions, he would not be opposed to submitting this project before the voters; clarified that while there were elements in the project that he was pleased with, that in order for him to support the proposal, the plan would need to eliminate lot sizes under 6,000 square feet, the apartment complexes would have to be at a density of 7-12 units per acre, there would need to be a LOS D traffic guarantee, there would need to be a date specific, or a plan, and an identified measure of funding for the Date Street/Cherry Street Interchange Project, the approval of the project would need to be postponed until the County's Traffic Model is revealed in September, the shuttle bus program would need to be extended to five-six years, and the Ynez Road connection would need to go through; and relayed his concern regarding what projects R;'Wlinutes\081401 16 will now not be completed since $1 million from the DA has been dedicated towards the hook offramp. In response to Councilman Naggar's comments that this project was analogous to the upzones in the County that the City has litigated against, Councilman Stone questioned Deputy City Manager Thornhill whether this property was upzoned with this project. In response, Deputy City Manager Thornhill confirmed that this property was not upzoned with this project. Continuing his comments, Councilman Stone clarified that densities have been reduced by eight percent (8%) since he has served on the City Council; noted that this particular developer has already spent $10.5 million on infrastructure, and has committed to $7 million in discretionary funds, relaying his support for the $1 million to be dedicated for the hook ramp on the south side of the 1-15 freeway, additionally, reiterating his recommendation that another $1 million be dedicated for the construction of the overcrossing; advised that he supported the fifty percent (50%) sales tax from the commercial portion of this project being dedicated to the overcrossing project; with respect to the smaller lots permitted in various planning areas, noted the trade-off benefits, inclusive of a lake, an outdoor amphitheater, and parking provisions for 980 cars; opined that staff and the applicant have developed a project plan that the citizens will enjoy and appreciate; relayed the benefits of the diverse range of housing products; addressed this project being placed on the ballot, noting the expertise of the review of the property by staff, the hours the Planning Commission and City Council have spent reviewing the project, advising that the City Council is a body placed in government by the voters to make these decisions affer a plethora of investigative review; provided a history of the contributions this property owner has made to the City; referenced Dr. Wheeler's comments, reiterating that it is the City that is going to drive the traffic solutions, not the developer, noting the improvements required with the project; advised that it was critical that the County be held responsible for the cumulative impacts that create significant negative effects on the City, noting his plan to work in conjunction with the City of Murrieta to address the unmitigated growth in the County; enumerated the benefits of this project, inclusive of the pedestrian-orientation, the excellent design elements, and the implementation of the Village Concept; noted appreciation for the applicant's willingness to address and mitigate the concerns of Murrieta as well as Channel Corporation; addressed traffic concerns, reiterating that a traffic study will be conducted with every phase of the project; and relayed his strong support of the project. Noting that the diverse housing products will offer a wide range of varied opportunities, Mayor Comerchero advised that he viewed this element of the plan as a benefit, creating choices for the residents; clarified that the City of Temecula was suing the County, not for allowing small lot sizes, but for violating its General Plan, ergo negatively impacting Temecula; relayed that he was pleased with the hometown character the design elements associated with this project create; with respect to traffic, opined that the solution lies with addressing regional traffic (i.e., implementing freeway flyers to the Metrolink stations in the northern part of the County, as well as down to San Diego); clarified that the existing traffic conditions will be improved with this project since the improvements will address impacts above and beyond the project's generated traffic; with respect to the funding provided by the applicant to RTA for the shuttle project, noted that this project was a demonstration program, relaying that, if successful, RTA will determine whether, or not, to continue the system and place in RTA's operating budget; opined that this particular project was outstanding, and that the City of Temecula will be R;\Minutes\081401 ]7 more benefited with its implementation than without it, enumerating the assets associated with this proposal. Reiterating that this was a good project plan, Councilman Pratt emphasized the need for a comprehensive bus system, noting that his plan for mass transit could be implemented by this Christmas season. In response to Councilman Pratt, Councilman Stone relayed that this project should not be made to bear the burden of the regional traffic impacts; and offered a commitment to serve with Councilman Pratt to develop a cost-effective regional comprehensive transportation plan for the City of Temecula, coordinating with the neighboring agencies, if Councilman Pratt would acknowledge the $300,000 contribution of this applicant to initiate a bus system (implemented in part to address Councilman Pratt's concerns), and not hold this developer hostage for impacts outside of this project's influence. Councilman Pratt reiterated the importance to expedite a plan for a mass transit system. For clarification, and in response to Councilman Naggar's queries regarding Councilman Stone's comment that the lake was 20 acres, Deputy City Manager Thornhill noted that the Lake Park was 17.3 acres, and the lake was 8.4 acres. Councilman Naggar noted that per discussions with the bonding agency, the LOS D could be maintained as a standard at the intersections as long as withholding building permits was not for an indefinite period of time. With respect to the motion, City Attorney Thorson noted that there are nine resolutions and ordinances on page nos. 1-4 of the agenda report, relaying that staff's recommendation was to approve those with the changes recommended by the Planning Commission, denoted in Attachment No. 13, the changes to the various documents setforth in Attachment No. 22, and the revised language addressing the TUMF fees which was distributed to the City Council as supplemental agenda material; noted the recommendation to add the 15-year term to the Service Commercial area on the DA; and requested the City Council to take action separately for each recommendation, confirming, for Councilman Stone, that the above-mentioned changes would be part of each resolution and ordinance. MOTION: Councilman Stone moved to approve staff's recommendation with respect to Item 17.1, approving the EIR findings, adopting Resolution No. 01-70. Mayor Pro Tern Roberts seconded the motion and voice vote reflected approval with the exception of Councilman Naggar who voted no and Councilman Pratt who abstained. MOTION: Councilman Stone moved to approve staff's recommendation with respect to Item 17.2, approving the General Plan Amendment for Harveston, adopting Resolution No. 01-71. Mayor Pro Tern Roberts seconded the motion and voice vote reflected approval with the exception of Councilman Naggar who voted n._9o and Councilman Pratt who abstained. R;\Minutes\081401 18 MOTION: Councilman Stone moved to approve staff's recommendation with respect to Item 17.3, approving adoption of the Specific Plan, adopting Resolution No. 01-72. Mayor Pro Tem Roberts seconded the motion and voice vote reflected approval with the exception of Councilman Naggar who voted no and Councilman Pratt who abstained. City Attorney Thorson introduced and read by title only Ordinance No. 01-07. MOTION: Councilman Stone moved to approve staff's recommendation with respect to item 17.4, the introduction and reading by title only Ordinance No. 01-07. Mayor Pro Tern Roberts seconded the motion and voice vote reflected approval with the exception of Councilman Naggar who voted n_go and Councilman Pratt who abstained. City Attorney Thorson introduced and read by title only Ordinance No. 01-08. MOTION: Councilman Stone moved to approve staff's recommendation with respect to Item 17.5, the introduction and reading by title only Ordinance No. 01-08. Mayor Pro Tem Roberts seconded the motion and voice vote reflected approval with the exception of Councilman Naggar who voted no and Councilman Pratt who abstained. MOTION: Councilman Stone moved to approve staff's recommendation with respect to Item 17.6, approving Tentative Tract Map No. 29639, adopting Resolution No. 01-73. Mayor Pro Tem Roberts seconded the motion and voice vote reflected approval with the exception of Councilman Naggar who voted no and Councilman Pratt who abstained. MOTION: Councitman Stone moved to approve staff's recommendation with respect to Item 17.7, approving Tentative Tract Map No. 29928, adopting resolution No. 01-74. Mayor Pro Tem Roberts seconded the motion and voice vote reflected approval with the exception of Councilman Naggar who voted n._9o and Councilman Pratt who abstained. MOTION: Councilman Stone moved to approve staff's recommendation with respect to item 17.8, approving Tentative Tract Map No. 29929, adopting Resolution No. 01-75. Mayor Pro Tem Roberts seconded the motion and voice vote reflected approval with the exception of Councilman Naggar who voted n_go and Councilman Pratt who abstained. MOTION: Councilman Stone moved to approve staff's recommendation with respect to Item 17.9, approving Tentative Tract Map No. 30088, adopting Resolution No. 01-76. Mayor Pro Tem Roberts seconded the motion and voice vote reflected approval with the exception of Councilman Naggar who voted no and Councilman Pratt who abstained. 18 Plannin.q Application No. 01-0121 (5th One-Year Extension of Time-Appeal) Tentative Tract Map No. 23209 (located east of the intersection of La Serena Way and Walcott Lane alonq Butterfield Staqe Road) RECOMMENDATION: 18.1 Withdraw the appeal of Condition of Approval No. 33. Mayor Comerchero noted that the applicant has withdrawn his appeal, ergo this item would be removed from the agenda. R;~inutes\081401 1~) COUNCIL BUSINESS 19 Prima Facie Speed Limit on Certain Streets (Temeku Hills) RECOMMENDATION: 19.1 introduce and read by title only an ordinance entitled: ORDINANCE NO. 01-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTION 10.44.010 TO THE TEMECULA MUNICIPAL CODE DESIGNATING HONORS DRIVE FROM MARGARITA ROAD TO TEE DRIVE AND TEMEKU DRIVE FROM TEE DRIVE TO LA SERENA WAY AS ROADS ON WHICH GOLF CARTS ARE PERMITTED PURSUANT TO VEHICLE CODE SECTION 21115 AND SETTING THE SPEED LIMIT THEREON 19.2 Adopt an urgency ordinance entitled: ORDINANCE NO. 01-10 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTION 10.44.010 TO THE TEMECULA MUNICIPAL CODE DESIGNATING HONORS DRIVE FROM MARGARITA ROAD TO TEE DRIVE AND TEMEKU DRIVE FROM TEE DRIVE TO LA SERENA WAY AS ROADS ON WHICH GOLF CARTS ARE PERMI'I-FED PURSUANT TO VEHICLE CODE SECTION 21115 AND SE'I-rING THE SPEED LIMIT THEREON Director of Public Works Hughes presented the staff report (of record), highlighting the three objectives of this action item, as follows: 1) to establish a legal, enforceable speed limit on Temeku Drive and Honors Way, 2) to perfect the street designations within the Temeku Hills Project in conformance with the California Vehicle Code which will allow golf carts to use these particular streets, and 3) to establish rules and regulations to govern the use of these roads by golf carts; provided a brief history of the development which was originally proposed as a private gated community; advised that the streets have recently been accepted into the City for maintenance purposes; noted the speed surveys conducted in this area; relayed that the Public/Traffic Safety Commission recommended that the speed limit be posted at 35 MPH, which staff supports; noted that various residents had expressed a desire for a speed limit of 25 MPH (although this would be below the 85th percentile of speeds traveled in this area) based on the Vehicle Code which allows for the use of golf carts on public streets once the streets have been designated; advised that per discussions with City Attorney Thorson, it has been relayed that the City Council can set the lower speed limit, if desired; and clarified staff's recommendation to set the limit at 35 MPH, and to re-stripe the streets in order to provide areas for only golf cart use, specifying the concern of staff at setting the speed R;~Vlinutes\081401 :20 limit at 25 MPH, which could render a worsened condition due to the speed not being reasonable, citing examples in alternate cities. Dr. Mark Wedel, 41522 Temeku Drive, presented a PowerPoint presentation, providing data related to the desire to establish a reasonable speed limit which would be enforceable; highlighted the history of the development, the current speeds of vehicles driven in this area; and recommended establishing a 25 MPH speed limit throughout Temeku Hills, to have the Neighborhood Enforcement Team (NET) posted in this area, and to install stop signs. Thanking the City Council for its contributions to the community, Mr. Bill Miner, representing the Temeku Hills Masters Association, reiterated that this development was approved as a golf car community; and opined that these particular streets were not designed to accommodate traffic traveling at 35 MPH, advising that the speed limit should be posted at 25 MPH as mandated by the Vehicle Code for a golf cart designated community. Mr. Jim Dent, representing the Temeku Hills Master Association, relayed his concern with respect to safety due to the school bus drop-off areas, and the near-blind intersections; and supported the recommendation to establish a 25 MPH speed limit. MOTION: Noting his support of the residents' desire to establish a 25 MPH speed limit, Councilman Stone moved to close the public hearing; to direct the NET Officers to this area, and to provide a one-week warning time for residents (with placement of the radar trailer) prior to the issuance of citations; and to approve the introduction of Ordinance No. 01-09. subject to a 25 MPH speed limit being established. Mayor Pro Tern Roberts seconded the motion. (Ultimately this motion passed; see page 22.) The City Council commented on its support of establishing a 25 MPH speed limit in this area, Mayor Comerchero suggesting that since there was only a small portion of the Temeku Hills residents present, that in 12 months, that a citizen survey be conducted in order to determine whether the majority of residents were desirous of maintaining the 25 MPH speed limit. Councilman Stone, echoed by Mayor Pro Tern Roberts, relayed that due to the HOA representatives being present, and the safety issues at hand he would not be in favor of conducting a survey in 12 months. For clarification, City Attorney Thorson noted that while this area has always been designated as a golf cart area, it did not have the findings required by the Vehicle Code, nor the rules and regulations, ergo it was determined that these findings should be clarified which will aid in enforcement; and specified that the recommendation was for the adoption of two ordinances, one an urgency ordinance, in order to expedite the enforcement of the speed limit. For Councilman Naggar, Director of Public Works Hughes noted that the City Council's action included designation of a portion of the roadway being set aside for golf carts only. City Attorney Thorson introduced and read by title only Ordinance No. 01-09, specifying that the speed limit be designated at 25 MPH. R;\Minutes\081401 21 At this time voice vote was taken reflecting unanimous approval of the motion (as denoted on page 22.) City Attorney Thorson read by title Ordinance No. 01-10 into the record, specifying that the speed limit would be designated at 25 MPH. MOTION: Councilman Stone moved to adopt Ordinance No. 01-10. Mayor Pro Tem Roberts seconded the motion and voice vote reflected unanimous approval. 20 Amendment to City Commissioners Compensation RECOMMENDATION: 20.1 Adopt an urgency ordinance entitled: ORDINANCE NO. 01-11 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.40.100 OF THE TEMECULA MUNICIPAL CODE RELATING TO COMPENSATION FOR CITY COMMISSIONERS 20.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 01-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.40.100 OF THE TEMECULA MUNICIPAL CODE RELATING TO COMPENSATION FOR CITY COMMISSIONERS City Attorney Thorson read into the record, by title only Ordinance No. 01-11. MOTION: Mayor Pro Tern Roberts moved to adopt Ordinance No. 01-11. The motion was seconded by Councilman Naggar and voice vote reflected unanimous approval. City Attorney Thorson read into the record, by title only Ordinance No. 01-12. MOTION: Mayor Pro Tem Roberts moved to approve the introduction and of Ordinance No. 01-12. The motion was seconded Councilman Naggar and voice vote reflected unanimous approval. R;'~Minutes\081401 22 21 Appointment of State Lobbyist Ad Hoc Advisory Group RECOMMENDATION: 21.1 Appoint one to two members to serve as an ad hoc advisory group in assisting the selection of a State Lobbyist to represent the interests of the City of Temecula in Sacramento. MOTION: Mayor Pro Tem Roberts moved to appoint Councilman Stone and Councilman Naggar to serve on this particular ad hoc advisory group. Mayor Comerchero seconded the motion and voice vote reflected unanimous approval. DEPARTMENTAL REPORTS CITY MANAGER'S REPORT No comments. CITY A'I'I'ORNEY'S REPORT City Attorney Thorson reported that the City Council provided direction with respect to the existing litigation; and with respect to the matter involving the County, advised that the City Council provided authorization to file litigation against the County of Riverside and Overland Associates, noting that the vote had been unanimous. ADJOURNMENT At 11:38 P.M., Mayor Comerchero formally adjourned the City Council meeting to Tuesday, August 28, 2001 at 7:00 P.M. in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Mayor ATTEST: .? [SEAL] R;\Minutes\081401 23