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012803 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JANUARY 28, 2003 - 7:00 P.M. At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 11:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 11:00 P.M. 5:30 P.M. - Closed Session of the City Council and Redevelopment Agency pursuant to Government Code Sections: Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.8 regarding real property acquisitions, property located at the northeast corner of Old Town Front Street and 2nd Street (APN 922-046- 020.) The negotiating parties are the City of Temecula Redevelopment Agency and Chris and Klm Bally. Under negotiation are the price and terms of payment of the real property interests. The Agency negotiators are Shawn Nelson, James O'Grady and John Meyer. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.8 regarding real property acquisitions, property located at 28747 Pujol Street, APN No. 922-062-021, 28735 Pujol Street, APN No. 922-062- 017, and APN No. 922-062-019. The negotiating parties are the City of Temecula Redevelopment Agency and Habitat for Humanity Inland Valley, Inc. Under negotiation is price and terms of payment of the real property interests. The Agency negotiators are Shawn Nelson, James O'Grady and John Meyer. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.8 regarding acquisition of interest of real property, located at 44500 et al La Paz. The negotiating parties are the City of Temecula Redevelopment Agency and Rancho Meadows Homeowners Association. Under negotiation is price and terms of payment of the real property interests. The Agency negotiators are Shawn Nelson, James O'Grady and John Meyer. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.8 regarding real property acquisitions, property located at APN No. 910-262-006, 27135 Madison Avenue. The negotiating parties are the City of Temecula and Edw&~d (Ned) Dietz and Brian Stout. Under negotiation is price and terms of payment of real property interests. The City negotiators are Shawn Nelson, James O~Grady and Bill Hughes. R:~Agenda\012803 1 Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(b)(1) with respect to one matter of potential litigation. With respect to such matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City based on existing facts and circumstances and the City will decide whether to initiate litigation. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: No. 2003-04 Resolution: No. 2003°05 CALL TO ORDER: Mayor Jeff Stone Prelude Music Cathy Choi Invocation Flag Salute: Mayor Pro Tem Naggar ROLL CALL: Comerchero, Naggar, Pratt, Roberts, Stone PRESENTATIONS/PROCLAMATIONS Certificate of Achievement to Michael Jenkin~ for attaininq Eaqle Scout rank PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. R:~Agenda\012803 2 CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 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. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of November 26, 2002; 2.2 Approve the minutes of December 10, 2003; 2.3 Approve the minutes of December 17, 2003. 3 Resolution Approvin,q List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approve Sponsorship Request for the Temecula Valley Balloon & Wine Festival Association RECOMMENDATION: 4.1 Approve the event sponsorship agreement with the Temecula Valley Balloon & Wine Festival Association in the amount of $35,000 and authorize the Mayor to execute the agreement, in addition, the Festival requests that the City will provide temporary logistical support of traffic control signs and devices to assist with public safety during the Festival. R:~Agenda\012803 3 5 6 7 8 R:~Agenda\012803 2003 Workers' Compensation Covera.qe Annual Renewal RECOMMENDATION: 5.1 Select State Compensation Insurance Fund as the City's Employee Workers' Compensation Insurance for Plan Year 2003 which begins on February 1,2003. Old Town Temecula Storefront Lease Aqreement RECOMMENDATION: 6.1 Approve the lease agreement for the Temecula Police Department storefront facility in Old Town Temecula beginning February 1,2003, and terminating January 31, 2006. Approve Grant of Easement whereby the City grants to Eastern Municipal Water District (EMWD} an easement for the riqht of access to the Pujol Street Lift Station RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GRANT OF EASEMENT WHEREBY CITY GRANTS TO EASTERN MUNICIPAL WATER DISTRICT AN EASEMENT FOR THE RIGHT OF ACCESS TO THE PUJOL STREET LIFT STATION Approve Grant Deed whereby City .qrants to Eastern Municipal Water District (EMWD) in fee the land used for the Puiol Street Lift Station RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GRANT DEED WHEREBY THE CITY GRANTS IN FEE TO EASTERN MUNICIPAL WATER DISTRICT THE LAND USED FOR THE PUJOL STREET LIFT STATION Future Fundinq of Murrieta Creek Flood Control, Environmental Restoration and Recreation Proiect RECOMMENDATION: 9.1 Authorize the Mayor to sign the letter and authorize staff to transmit said letter to the General Manager of the Riverside County Flood Control and Water Conservation District. 4 10 Completion and Acceptance for Pavement Rehabilitation Program - Rancho California Road - Proiect No. PW02-03 RECOMMENDATION: 10.1 Accept the Pavement Rehabilitation Program - Rancho California Road - Project No. PW02-03 - as complete; 10.2 File a Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract; 10.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion, if no liens have beer~ filed. 11 Award of Construction Contract for the Asphalt Crackfill Project - various streets - FY2002-2003 - Proiect No. PW02-24 RECOMMENDATION: 11.1 Award a construction contract for the Asphalt Crackfill Project for FY2002-2003 to Global Road Sealing, Inc. in the amount of $77,600 and authorize the Mayor to execute the contract; 11.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $7,760.00 which is equal to 10% of the contract amount. 12 Second Readin,q of Ordinance No. 03-01 (Transportation Uniform Miti.qation Fee) RECOMMENDATION: 12.1 Adopt an ordinance entitled: ORDINANCE NO, 03-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING PARTICIPATION IN THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM AND ADDING CHAPTER 15.08 TO THE TEMECULA MUNICIPAL CODE 13 Second Readinq of Ordinance No. 03-02 (Eli Lilly) RECOMMENDATION: 13.1 Adopt an ordinance entitled: ORDINANCE NO. 03-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE REGIONAL CENTER SPECIFIC PLAN (SP-7) TO REMOVE ONE PARCEL (LOT 1 OF PARCEL MAP NO. 30107) FROM THE REGIONAL CENTER SPECIFIC PLAN (SP-7), GENERALLY LOCATED AT THE SOUTHEAST R:~Agenda\012803 5 CORNER OF OVERLAND DRIVE AND YNEZ ROAD (PLANNING APPLICATION NO. 02-0510) 14 Second Readinq of Ordinance No. 03-03 (Eli Lilly) RECOMMENDATION: 14.1 Adopt an ordinance entitled: ORDINANCE NO. 03-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP TO CHANGE LOT I OF PARCEL MAP NO. 30107 FROM SP-7 TO COMMUNITY COMMERCIAL, AND LOTS 2 AND 3 OF PARCEL MAP NO. 30107 FROM BUSINESS PARK TO COMMUNITY COMMERCIAL, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF OVERLAND DRIVE AND YNEZ ROAD (PLANNING APPLICATION NO. 02-0509) RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY R:~Agenda\012803 6 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 2003-01 Resolution: No. CSD 2003-03 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Naggar, Pratt, Roberts, Stone, Comerchero PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item no__t on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of January 14, 2003. 2 Children's Museum Proiect No. PWO2-O1CSD RECOMMENDATION: 2.1 Approve an increase to the contingency in the amount of $30,600 for R.E. Fleming Construction, Inc., for additional tenant improvements and authorize the General Manager to approve change orders not to exceed the contingency amount of $82,782; 2.2 Approve a contract with 2H Construction for $137,423 plus a 10% contingency in the amount of $13,742 for emergency building repairs and adopt a resolution entitled: R:~Agenda\012803 7 RESOLUTION NO. CSD 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT APPROVING A CONSTRUCTION AGREEMENT WITH 2H CONSTRUCTION FOR THE STRUCTURAL RENOVATION OF THE CHILDREN'S MUSEUM BUILDING 2.3 Transfer $170,000 to the Children's Museum Project from the RDA Old Town Parking Lot Project. North/South Ball Field Nettin.q Installation Construction Contract RECOMMENDATION: 3.1 Award a contract to Judge Netting for the NortWSouth Ball Field Netting Installation Project in the amount of $84,444; 3.2 Approve a 10% contingency of $8,445 for the project; 3.3 Appropriate $26,889 from Capital Reserve funds remaining in the Chaparral Pool Project Account No. 210-190-170-5804 to the North/South Ball Field Netting Installation Project Account No. 210-190-146-5804. DEPARTMENTAL REPORT DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, February 11,2003, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\012803 8 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 2003-01 Resolution: No. RDA 2003-02 CALL TO ORDER: Chairperson Ron Roberts ROLL CALL AGENCY MEMBERS: Comerchero, Naggar, Pratt, Stone, Roberts PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addre,"sing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minute~ RECOMMENDATION: 1.1 Approve the minutes of January 14, 2003. 2 Amendment to the Professional Services Aqreement with Keyser Marston Associates to provide Fiscal Analysis of Aqency Proiects RECOMMENDATION: 2.1 Approve Amendment No. 1 to the Professional Services Agreement with Keyser Marston Associates (KMA) to provide fiscal analysis for the not to exceed amount of $25,500 and authorize the Executive Director of the Agency to execute the amendment. R:~Agenda\012803 9 AGENCY BUSINESS 3 Consideration of Cost Sharing for up,qrade of Auto Mall Si,qn RECOMMENDATION: 3.3 Approve in concept an agreement for sharing costs with the Temecula Auto Dealers' Association for upgrades to the freeway Auto Mall sign and direct the City Attorney to prepare an agreement for formal consideration by the Redevelopment Agency. DEPARTMENTAL REPORT EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, February 11,2003, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\012803 10 TEMECULA PUBLIC FINANCING AUTHORITY CALL TO ORDER: Chairperson Ron Roberts ROLL CALL AGENCY MEMBERS: PUBLIC COMMENTS Next in Order: Ordinance: No. TPFA 2003-01 Resolution: No. TPFA 2003-01 Comerchero, Naggar, Pratt, Stone, Roberts A total of 15 minutes is provided so members of the public may address the Temecula Public Financing Authority on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item no.~t on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of September 24, 2002. 2 Formation of Community Facilities District - Crowne Hill RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN - CROWNE HILL R:~Agenda\012803 11 2.2 Adopt a resolution entitled: RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) EXECUTIVE DIRECTOR'S REPORT BOARD MEMBERS' REPORTS ADJOURNMENT R:~Agenda\012803 12 RECONVENE THE CITY COUNCIL MEETING PUBLIC HEARING Any person may submit written comments to the City Council before a public Hearing or may appear and be heard in support of or in opposition to the Approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 15 An Appeal of the Planninq Commission's approval of PA00-0507 {Development Plan) - a proposal to develop a 42,000 square foot 70-room four-story hotel buildinq on a 1.35 acre lot RECOMMENDATION: 15.1 Adopt a Notice of Exemption for Planning Application No. 00-0507 (Development Plan) per the California Environmental Quality Act Section 15332 Class 32; 15.2 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING APPLICATION NO. PA00-0507 (DEVELOPMENT PLAN - APPEAL), UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. PA00- 0507 (DEVELOPMENT PLAN) FOR THE DEVELOPMENT OF A FOUR-STORY, 70-ROOM, 42,000 SQUARE FOOT HOTEL BUILDING ON A 1.35 ACRE VACANT PARCEL LOCATED APPROXIMATELY 200 FEET EAST OF JEFFERSON AVENUE AND 200 FEET NORTH OF WINCHESTER ROAD, AND KNOWN AS ASSESSOR'S PARCEL NO. 910-282-007 16 Appeal of the Planninq Commission's decision to deny PA02-0223 - a request for a finding of Public Convenience or Necessity and a Minor Conditional Use Permit to upqrade the existinq Type-20 {Off Sale Beer and Wine) ABC license to a Type-21 {Off Sale General) license authorizin.q the sale of beer, wine, and distilled spirits for consumption off the premises where sold RECOMMENDATION: 16.1 Adopt a Notice of Exemption for Planning Application No. 02-0223 (Public Convenience or Necessity and Minor Conditional Use Permit) per the California Environmental Quality Act, Section 15270 (Projects which are disapproved); R:~Agenda\012803 13 16.2 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY PLANNING APPLICATION NO. 02-0223, A REQUEST FOR A FINDING OF PUBLIC CONVENIENCE OR NECESSITY TO UPGRADE THE CURRENT ALCOHOL BEVERAGE CONTROL (ABC) LICENSE FROM A TYPE 20 (OFF SALE BEER AND WINE LICENSE) TO A TYPE 21 (OFF-SALE GENERAL LICENSE) LOCATED IN THE MORAGA PLAZA AT 29762 RANCHO CALIFORNIA ROAD ON THE NORTH SIDE OF RANCHO CALIFORNIA ROAD, BETWEEN LYNDIE LANE AND MORAGA ROAD KNOWN AS ASSESSOR'S PARCEL NO. APN 921-310-022. 16.3 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY PA02-0223, A MINOR CONDITIONAL USE PERMIT TO UPGRADE THE CURRENT ALCOHOL BEVERAGE CONTROL (ABC) LICENSE FROM A TYPE 20 (OFF SALE BEER AND WINE LICENSE) TO A TYPE 21 (OFF-SALE GENERAL LICENSE) LOCATED IN THE MORAGA PLAZA AT 29762 RANCHO CALIFORNIA ROAD ON THE NORTH SIDE OF RANCHO CALIFORNIA ROAD, BETWEEN LYNDIE LANE AND MORAGA ROAD KNOWN AS ASSESSOR'S PARCEL NO. APN 921-310-022. 17 Issuance of Bonds by the California Statewide Communities Development Authority for the Corporation for Better Housinq Senior Housing Project RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY R:~Agenda\012803 14 17.2 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING, AUTHORIZING, AND DIRECTING EXECUTION OF AN AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY COUNCIL BUSINESS 18 Consideration of adoption of Resolution of Necessity for the Acquisition in Eminent Domain of property for street improvements and for temporary construction easements in connection with the Diaz Road Realiqnment Proiect - Proiect No. PW95-27 (APN 921- 040-028) - Morter Property (Continued from the January 14, 2003, City Council meeting.) RECOMMENDATION: 18.1 Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from staff the evidence stated and referred to in this Report, take testimony from any person wishing to be heard on issues A, B, C and D below, and consider all the evidence to determine whether to adopt the proposed Resolution, which requires a unanimous or 4/5tbs vote; 18.2 If the City Council finds, based upon the evidence contained in and referred to in this Report, the testimony and comments received in this hearing, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then the staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 03- (which requires a 4/5ths vote of the entire Council) and authorize that an eminent domain proceeding be filed to acquire Certain Property Interests ("Subject Property Interest") in the real property consisting of a fee simple as well as a temporary construction easement interest in a portion of the real property commonly known as Assessor's Parcel No. 921-040-028 and more fully described in the attached Exhibits. Specifically, the legal description of the acquisition of the fee simple interest sought to be acquired on portions of the real property identified as Assessor's Parcel Number 921-040-028 is attached as Exhibit "A" and depicted on the map attached as Exhibit "B". The legal description of the acquisition of the temporary construction easement interest is attached as Exhibit "A-I" and depicted on map attached as Exhibits "B-1" and "C"; 18.3 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF NECESSITY OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE PROPOSED DIAZ ROAD REALIGNMENT PROJECT R:~Agenda\012803 15 18.4 As a resolution, if approved, approve a warrant payable to the Clerk of the Court, Riverside County in the amount of $129,190.00 for deposit in court to obtain an order of possession of the Jerry R. Morter and Linda C. Morter property interests; 18.5 Authorize the City Manager to execute all necessary documents 19 Consideration of adoption of Resolution of Necessity for the Acquisition in Eminent Domain of property for street improvements and for temporary construction easements in connection with the Diaz Road Reali.qnment Project - Project No. PW95-27 (APN 921- 020-039) - Massie Property (Continued from the January 14, 2003, City Council Meeting) RECOMMENDATION: 19.1 Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from staff the evidence stated and referred to in this Report, take testimony from any person wishing to be heard on issues A, B, C and D below, and consider all the evidence to determine whether to adopt the proposed Resolution, which requires a unanimous or 4/5ths vote; 19.2 If the City Council finds, based upon the evidence contained in and referred to in this Report, the testimony and comments received in this hearing, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then the staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 03- (which requires a 4/5ths vote of the entire Council) and authorize that an eminent domain proceeding be filed to acquire Certain Property Interests ("Subject Property Interest") in the real property consisting of a fee simple as well as a temporary construction easement interest in a portion of the real property commonly known as Assessor's Parcel No. 921-020-039 and more fully described in the attached Exhibits. Specifically, the legal description of the acquisition of the fee simple interest sought to be acquired on portions of the real property identified as Assessor's Parcel Number 921-020-039 is attached as Exhibit "A" and depicted on the map attached as Exhibit "B". The legal description of the acquisition of the temporary construction easement interest is attached as Exhibit "A-I" and depicted on maps attached as Exhibits "B-1 ", "C-1" and "C-2"; 19.3 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF NECESSITY OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE PROPOSED DIAZ ROAD REALIGNMENT PROJECT 19.4 As a resolution, if approved, approve a warrant payable to the Clerk of the Court, Riverside County in the amount of $5,397.00 for deposit in court to obtain an order of possession of the Wilma M. Massie property interests; 19.5 Authorize the City Manager to exucute all necessary documents. R:~Agenda\012803 16 20 Resolution Establishinq a Municipal Utility (At the request of Mayor Pro Tern Naggar and Councilman Comerchero) RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO, 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING THE CREATION AND OPERATION OF A MUNICIPALLY OWNED UTILITY FOR THE PURPOSE OF PROVIDING VARIOUS UTILITY SERVICES AND AUTHORIZING THE TAKING OF CERTAIN OTHER ACTION IN CONNECTION THEREWITH 21 Discussion of Siqnaqe in Old Town (at the request of Councilman Pratt) RECOMMENDATION: 21.1 Receive and file. 22 Impact of the Governor's Proposed State Bud.qet Reductions on the City of Temecula RECOMMENDATION: 22.1 Receive and file. DEPARTMENTAL REPORTS CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: City Council, Tuesday, February 11, 2003, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\012803 17 PROCLAMATIONS AND PRESENTATIONS ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL NOVEMBER 26, 2002 After the Closed Session that convened at 6:00 P.M., the City Council convened in Open Session at 7:01 P.M., on Tuesday, November 26, 2002, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Councilmembers: Comerchero, Naggar, Pratt, Stone, Roberts Absent: PRELUDE MUSIC Councilmember: None The prelude music was provided by Eve Craig. INVOCATION The invocation was given by Pastor Larry Fisher of First Baptist Church of Temecula. ALLEGIANCE The flag ceremony was presented by Councilman Pratt. PUBLIC COMMENTS A. Mr. Robert Ingerston, 39775 Amberly Circle, representing American Legion Post No. 852, current Commander for the Temecula Valley, apprised the City Council of the Boys State Participatory Program - a program designed to encourage and develop deeper interest in the problems and responsibilities of government. Because of the City Council's generous support, Mr. Ingertson advised that three young men from Temecula Valley High School were able to partake in the Boys State Program. At this time, Michael Cline, George Watson, and Blake Silkwood were introduced to the City Council. Speaking for the three individuals, Mr. Blake Silkwood shared his and his colleagues experience; the pertinent knowledge received; and thanked the City Council for its support and giving him and his colleagues the opportunity to attend such a beneficial program. B. Although encouraged by the City Council's action to permit local merchants to participate in the Old Town Farmers' Market, Ms. Lorena Spencer, 41946 Fifth Street, shop owner in Old Town, reiterated her previously made concerns with regard to Old Town signage and lack of sidewalks. Mayor Roberts requested that City Manager Nelson follow up on the matter. CITY COUNCIL REPORTS A. Mayor Roberts announced that the scheduled public hearing (Item No. 10) for the Transportation Uniform Mitigation Fee (TUMF) will be continued to the January 14, 2003, City Council meeting, advising that although with revisions, the Board of Supervisors passed the TUMF and that the City and business need to review the TUMF program prior to final City Counci~ approval. R:\Minutes\112602 1 B. Representing the City Council on the Airport Land Use Committee, Councilman Pratt stated that air travel should be viewed as another source of mobile transportation and commented on the County's continual selling of surplus property and, thereby, potentially eliminating the possibility of a second runway at the airport. C. Councilman Comerchero wished everyone a Happy and Safe Thanksgiving. D. In response to Mayor Pro Tem Stone's concern with regard to the volume of boom boxes, Police Chief Domenoe advised that Vehicle Code Section 27007 (car amplification systems) states that such amplification may not he heard more than 50' away; and if it were, it would be viewed a violation. Mayor Pro Tem Stone encouraged stronger enforcement of this Code. In response to Mr. Stone's comment with regard to additional security at Edwards Theater, Police Chief Domenoe apprised the City Council of a recent disturbance as a result of a particular movie; advised that the Mall added additional security; that the Theater does not partake in paying for security and, therefore, has elected to hire private security; and that during the Holiday Season, an enhanced level of Police enforcement will be visible. Referencing a recent road rage incident in the City, Mayor Pro Tem Stone advised that the individual had tried calling 911 from the cell phone; that 911 calls from cell phones are immediately transferred to the Highway Patrol in San Diego; that a police report was filed; and that the Police Chief is addressing the matter. Mr. Stone requested that two non-advertised Enforce Responsible Alcohol Consumption in Temecula (E.R.A.C.I.T.) checkpoints be scheduled for the months of December and January. Police Chief Domenoe noted that the checkpoints will be set up. Commenting on the number of junk e-mails he receives and the amount of time it takes to delete them, Mayor Pro Tem Stone requested that his e-mail address be changed to JeffStone@citycouncil.orq in an effort to permit him the time to address e-mails pertaining to City business. E. Mayor Roberts informed the City Council and the public that the Orange County Transportation Authority unanimously voted to purchase the 10-mile 91 Toll lane road for $207.5 million; that the passage of Measure A will allocate $498 million of the $4.6 billion toward improvements along the 91 Corridor; and that he has been selected as one of a 10-member Advisory Committee to set up the toll lane operation, advising that lower fees, free rides, and improved interchanges will be addressed. Mr. Roberts briefly commented on the new 91 Metrolink service from North Main Street Station. In closing, Mayor Roberts advised that a City delegation will be traveling to Sacramento on December 2, 2003, for the library funding. 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. R:\Minutes\112602 2 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of October 8, 2002. 3 Resolution Approvin.q List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO, 02-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Consideration of Amendment to aqreement dated July 25, 2002, with Save Southwest Riverside County (SSRC) reqardinq proposed Valley-Rainbow Proiect RECOMMENDATION: 4.1 Approve an amendment to the City's agreement with Save Southwest Riverside County (SSRC) to increase the amount of funding for consulting services from $25,000 to $50,000. 5 Consideration of Joint Resolution with the Temecula Valley Unified School District expressin.q support for the continued viability of the French Valley Airport RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO, 02-110 A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AND THE BOARD OF TRUSTEES OF THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT EXPRESSING SUPPORT FOR THE CONTINUED VIABILITY AND OPERATION OF THE FRENCH VALLEY AIRPORT 6 Approval of the Plans and Specifications and authorization to solicit Construction Bids for the Asphalt Crackfill Project - various streets for FY2002-2003 - Project No. PW02-24 RECOMMENDATION: 6.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for the Asphalt Crackfill Project - various streets for FY2002-2003 - Project No. PW02-24. R:\Minutes\112602 3 7 Liability Insurance Renewal RECOMMENDATION: 7.1 Approve the City of Temecula Liability Insurance Policy Renewal with Clarendon America Insurance Company/Arch Specialty Insurance Company, in the amount of $259,775 for general and excess liability insurance plus $2,840 for automobile physical damage insurance for a total of $262,615 for the period of December 1, 2002 through December 1, 2003; 7.2 Approve the appropriation of funds in the amount of $80,000 for the purchase of liability insurance. 8 Second Readin,q of Ordinance No. 02-11 (Development Code Amendment) RECOMMENDATION: 8.1 Adopt an ordinance entitled: ORDINANCE NO. 02-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING STANDARDS FOR MODULAR STRUCTURES, ADOPTING CHAPTER 17.10 OF THE TEMECULA MUNICIPAL CODE, AND MAKING OTHER MINOR MODIFICATIONS TO THE TEMECULA MUNICIPAL CODE (PLANNING APPLICATION NO. 02-0318) (Pulled for separate discussion; see page 5.) Second Readinq of Ordinance No. 02-12 (Larqe Family Day Care Home Facility) RECOMMENDATION: 9.1 Adopt an ordinance entitled: ORDINANCE NO. 02-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING TITLE 17 RELATING TO THE STANDARDS FOR LARGE FAMILY DAY CARE HOME FACILITIES (PLANNING APPLICATION NO. 99-0382) MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1 - 7 and 9 (Item No. 8 was pulled for separate discussion; see page 5). The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. At 7:41 P M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. After a short recess, the City Council Meeting resumed with the agenda at 8:03 P.M. R:\Minutes\112602 4 CONSENT CALENDAR ITEM NO. 8 CONSIDERED UNDER SEPARATE DISCUSSION 8 Second Readinq of Ordinance No. 02-11 (Development Code Amendment) RECOMMENDATION: 8.2 Adopt an ordinance entitled: ORDINANCE NO. 02-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING STANDARDS FOR MODULAR STRUCTURES, ADOPTING CHAPTER 17.10 OF THE TEMECULA MUNICIPAL CODE, AND MAKING OTHER MINOR MODIFICATIONS TO THE TEMECULA MUNICIPAL CODE (PLANNING APPLICATION NO. 02-0318) Referencing Section 1, No. 2 (Temporary Structures), c. (the term of the temporary approval shall not exceed five years) of the proposed ordinance, Councilman Comerchero requested that the temporary approval period be amended as follows: that the initial approval shall be for five years and that after inspection to ensure adherence to conditions, approval may be renewed in five-year increments. In response to Councilman Naggar, Assistant Cily Attorney Curley suggested that following verbiage for c., noting that such verbiage would provide the City the discretion to possibly allow continuation or removal of the structure: the term of the temporary approval shall not exceed five years; notwithstanding the foregoing, the City may elect, in its sole discretion upon application by the owner or occupant of the subject unit, extend the term of the permit provided all criteria that existed during the time of issuance of the Development Plan or Conditional Use Permit continue to exist. MOTION: Councilman Comerchero moved to continue the adoption of Ordinance No. 02-11 to the City Council meeting of December 10, 2003, with the added verbiage to Section 1, No. 2, c., as noted above by the Assistant City Attorney. The motion was seconded by Mayor Pro Tem Stone and voice vote reflected unanimous approval. PUBLIC HEARING 10 Roripauqh Ranch proiect and related applications: Planninq Application No. 94-0073 - Annexation; Planninq Application No. 99-0298 - General Plan Amendment; Planninq Application No. 94-0075 - Roripauqh Specific Plan; Planning Application No. 94-0075 - Chanqe of Zone; Planninq Application No. 94-0076 - Environmental Impact Report; Planninq Application No. 01-0253 - Tentative Tract Map No. 29661; Planninq Application No. 01-0230 - Tentative Tract Map No. 29353; Planninq Application No. 99-0299 - Development Aqreement. RECOMMENDATION: 10.1 Adopt a resolution entitled: R:\Minutes\112602 5 RESOLUTION NO. 02 -111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE RORIPAUGH RANCH SPECIFIC PLAN AND RELATED PLANNING APPLICATIONS ACTIONS AND ADOPTING THE ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND THE STATE CEQA GUIDELINES, A MITIGATION MONITORING AND REPORTING PROGRAM AND A STATEMENT OF OVERRIDING CONSIDERATIONS, IN CONNECTION THEREWITH FOR THE RORIPAUGH RANCH SPECIFIC PLAN, LOCATED NEAR THE FUTURE INTERSECTION OF BUTI'ERFIELD STAGE ROAD AND NICOLAS ROAD (PLANNING APPLICATION 94-0076) 10.2 Adopt a resolution entitled: RESOLUTION NO. 02-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA99-0298 (GENERAL PLAN AMENDMENT) FOR THE RORIPAUGH RANCH SPECIFIC PLAN AND ADOPTING SPECIFIC PLAN NO. 11 (PLANNING APPLICATION NO. 94- 0075) ON PARCELS TOTALING 804.7 ACRES LOCATED NEAR THE FUTURE INTERSECTION OF BUTTERFIELD STAGE ROAD AND NICOLAS ROAD, AND KNOWN AS ASSESSOR PARCEL NOS. 957-130-001 AND 002, 957-340- 001,003, 007, 008, AND 958-260-001 AND 002 10.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 02-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, APPROVING PLANNING APPLICATION NO. 94- 0075 (DEVELOPMENT CODE AMENDMENT) AMENDING SECTION 17.16.070 TO INCLUDE RORIPAUGH RANCH SPECIFIC PLAN NO. 11, ADOPTING THE DEVELOPMENT AND ZONING STANDARDS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA, AND PRE- ZONING THE VALLEY NEIGHBORHOOD AS SPECIFIC PLAN ON PARCELS TOTALING APPROXIMATELY 804.7 ACRES LOCATED NEAR THE FUTURE INTERSECTION OF BUTFERFIELD STAGE ROAD AND NICOLAS ROAD, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 957- 130-001 AND 002, 957-340-001, 003, 007, 008, AND 958-260- 001 AND 002 10.4 Introduce and read by title only an ordinance entitled: R:\Minutes\l 12602 6 ORDINANCE NO. 02- 14 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 ASHBY USA, LLC" FOR RORIPAUGH RANCH SPECIFIC PLAN (PLANNING APPLICATION NO. 99-0299) 10.5 Adopt a resolution entitled: RESOLUTION NO. 02-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01- 0230 - TENTATIVE TRACT MAP NO. 29353, A SUBDIVISION OF 804.7 ACRES INTO 39 LOTS AND 8 STREET LOTS WITHIN THE RORIPAUGH RANCH SPECIFIC PLAN LOCATED NEAR THE FUTURE INTERSECTION OF BUTTERFIELD STAGE ROAD AND NICOLAS ROAD, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 957-130-001 and 002, 957-340-001, 003, 007, 008, AND 958-260-001 AND 002 10.6 Adopt a resolution entitled: RESOLUTION NO. 02-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA01-0253 (TTM 29661), FOR THE SUBDIVISION OF 158 ACRES INTO 509 RESIDENTIAL LOTS AND 20 OPEN SPACE LOTS WITHIN PLANNING AREAS lA, 1,B, 2, 3, 4A, 4B, 5, 6, 7A, 7B, 7C, 8, and 9A OF THE RORIPAUGH RANCH SPECIFIC PLAN; LOCATED NEAR THE FUTURE INTERSECTION OF BU'I-FERFIELD STAGE ROAD AND MURRIETA HOT SPRINGS ROAD, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 957-130-001 AND 002, 957-340-001,003, 007, 008 In response to Mayor Roberts' query, Mr. Everett, the developer's representative, confirmed that the applicant was prepared to move forward with the project. Staff presented the proiect plan and addressed the queries of the City Council Via overheads, Project Planner Naaseh provided an overview of the proposed Roripaugh Ranch Project (per the staff report), specifying the following: · The surrounding land uses; · The proposed density at 2015 units; · The associated road improvements, including off-site improvements; R:\Minutes\112602 7 For Mayor Pro Tern Stone, clarified the CFD's and the developer's contribution towards the road improvements which would be approximately split between the entities; In response to Mayor Pro Tem Stone, clarified Planning Commission Chairman Chiniaeff's desire to have Calle Contento traverse through the project site, clarifying that the traffic study for this project was conducted without this connection, Deputy Director of PubJic Works Parks further noting the wine country property owners' strong opposition to this connection which resulted in the recommendation to eliminate the connection; and relayed that the roads in this project (on the Iccp road) would be private. Mayor Roberts provided additional information regarding the determination to not open up Calle Contento, clarifying that this connection would devastate the winegrowers properly; For Councilman Comerchero, clarified the Planning Commission's recommendation to have Nicolas Road improved to four lanes at a specific location, which the applicant was not in agreement with; noted that there was no nexus with the project to require the additional lane, confirming that it could be required via the DA with the applicant's agreement; For Councilman Naggar, Deputy Director of Public Works Parks specified that the CFD would include approximately $35 million towards improvements, and the applicant's portion would be approximately $30 million; and For Mayor Roberts, noted that the Roripaugh residents would be the only residents assessed in this particular CFD, Deputy Director of Public Works Parks specifying the alternate road improvements which would be installed by agreement with the Shea Homes Development; and confirmed that an additional $2.7 million would be received from the County for road improvements; For Councilman Naggar, Project Planner Naaseh provided additional information regarding the issue of the location of the school sites, advising that the School District and staff have worked together and are in agreement with the proposed locations, noting that due to the topography of the property, these locations were the best-suited sites; In response to Councilman Naggar, confirmed that this proposed project did not include apartments; The proposed trail system with three trail networks which provided connections to alternate portions of the project; For Councilman Naggar, specified the location of the concrete surface trails; and relayed that the multi-purpose trail would be open to the public. · The sidewalks and parkways; For Councilman Comerchero and Mayor Roberts, noted that while the Public Works Department was in favor of sidewalk-adjacent curbs due to liability and safety issues, that staff would pursue the desire of the City Council, advising that with this project liability issues regarding the sidewalks and parkways would fall within the HCA since the roads were private; Mayor Roberts relayed that he considered curb-separated sidewalks safer with respect to saving lives and having pedestrians further from the roadway; For Mayor Pro Tem Stone, Project Planner Naaseh specified that the grass area separated from the sidewalk would be the HOA's property and not the homeowners, confirming that curb-adjacent sidewalks would increase the size of the property owners' useable lot; R:\Minutes\112602 8 For Councilman Comerchero, Deputy Director of Public Works Parks confirmed that certain species of trees could be installed which would reduce the maintenance issues; noted that staff was in support of the curb-separated sidewalks on the public roads within this particular project. City Manager Nelson provided additional information regarding curb-separated sidewalks which has been an important design component to the City Council in the past, stating that staff would pursue the direction of the City Council; For Councilman Naggar, Project Planner Naaseh advised that implementation of the curb-separated sidewalks would not impact the number of lots in the project; Councilman Pratt noted his support of the curb-attached sidewalks; and For Mayor Pro Tem Stone, Project Planner Naaseh noted that in previous Specific Plans there have been a wider parkways, but due to the topography of this project site, and since parkways would utilize the buildable area, staff was recommending larger trees to compensate for the narrower parkways; · Open Space; For Councilman Naggar, specified the location of the 201 acres of Open Space, providing additional information regarding the dedication plan of this property which involved the Resource Agencies, advising that to have this land within the City limits, the State and Federal Agencies involved would have to be addressed; Councilman Naggar relayed that per discussions with the applicant, the applicant was willing to dedicate this land to the City along with an endowment of $450,000 for maintenance, advising that the County would need to be in agreement and meetings have been tentatively scheduled to address this issue on December 9th with Supervisor Venable, which would be held if it was the desire of the City Council to pursue this concept. Mayor Pro Tem Stone applauded Councilman Naggar for investigating the issue of accepting a dedication from the developer of the 201 acres of Open Space, noting the plethora of benefits in pursuing this concept. Director of Community Services Parker noted his full support of pursuit of the Open Space property. City Manager Nelson recommended that if the City pursued the dedication of this property that the City should be in place to receive the funding mechanism for maintenance in addition to the developer's offer for maintenance monies; and Project Planner Naaseh specified the connectivity this project's Open Space would provide with alternate Open space areas which provide real habitat value; · The buffering; Noted the Planning Commission's recommendation to reduce the project by seven or eight lots to increase the buffering, specifying the Planning Commission's recommended changes (per the staff report). Mayor Roberts noted his support of these recommended revisions; · The Development Agreement (DA); Relayed an overview of the major deal points as per agenda material, i.e., the CFD, the road improvements; For Councilman Naggar, specified that the Agreement Fee would be $1500 a unit for residential, and $3 per square foot for commercial; For Councilman Comerchero, clarified the credits applicable to the applicant for Public Art (based on the developer's proposed plan), specifying the timing requirements for the receipt of the Art Plan (at 300 units) and installation of the p~an (at 509 units); R:\Minutes\112602 9 For Mayor Pro Tem Stone, specified the location of the proposed Fire Station, noting that staff would be pursuing a Joint Agreement with the County regarding Operations and Maintenance (O and M), Deputy Director of Public Works Parks providing additional information regarding the CFD's expected funding, City Manager Nelson confirming that if the City Council approves the project, staff would move forward with the financing of the CFD; In response to Mayor Pro Tern Stone, clarified that as soon as an assessment district was formed, $2 million would be set aside for the Fire Station; Battalion Chief McBride provided additional information regarding the Agreement with the County, City Manager Nelson advising that the developer has offered monies up front for the design work, acknowledging the benefits to the public in expeditiously pursuing the construction of the Fire Station; For Councilman Naggar, City Manager Nelson relayed that if the Fire Station Project was delayed the developer could construct a temporary fire facility until such time as the permanent station was constructed; and noted staff's agreement to postpone the requirement of the Fire Station to the issuance of the 250th building permit; and For Mayor Pro Tern Stone, City Manager Nelson relayed the importance of the City being in control of the design and construction of the Fire Station due to long-term public safety benefits of this particular project, Battalion Chief McBride advising that staff was prepared to move forward with the Fire Station as soon as the applicant was prepared, noting the subsequent process which would take between three to six months. · The certification of the EIR; In response to Councilman Naggar, relayed LAFCO's readiness to beginning annexation proceedings as soon as the project was approved; · The Planning Commission's recommendations (as per denoted in the staff report) Specified the Planning Commission's discussions regarding concern with respect to the aesthetic issues associated with the fencing along the south side of Planning Area 1 3 proximate to the habitat area; and noted that the chain-link fencing on top of the block wall could be replaced with glass; Councilman Naggar concurred with the negative visual impacts of chain-linked fencing, querying whether split-rail fencing with wire meshing would be appropriate on top of the block wall; For Councilman Naggar, specified that either the split-rail fencing with the mesh screen or the glass wall would need to be approved by the Resource Agencies, advising that staff would add these concepts to the Specific Plan as well as the requirement that the wall be decorative; and advised that staff would add this language with elements of flexibility due to this revision requiring agency approval; Assistant City Attorney Curley provided additional relationship between the DA, the annexation, and the City Council's action. The applicant's representatives provided an overview of the proiect plan Mayor Roberts read into the record a portion of a letter dated August 27, 2002 from the applicant, addressed to Shawn Nelson, which stated," I agree with the Deal Points recommended by the Subcommittee and City staff." Via overheads, Mr. Everett presented the proposed project, specifying the following: R:\Minutes\112602 10 · The project's monument treatments; · The gated elements of the community with staffed, Opticom, and card reader gating; Noted the detailed articulation on the staffed entries, i.e., the bronze materials, the tile entries, which would also be reflected on the recreation center buildings, the park buildings, the fire station, and the schools, as well as the commercial buildings. The recreation centers (which would include fitness centers, aerobics, saunas, billiard rooms, ballrooms, bistro and coffee areas), the schools, and the parks; Presented the layout of one of the recreation centers which included a junior Olympic pool, a "Mommy and Me" pool, tennis courts, and a full park area; Specified the paseo and trail system links to the recreation center and the parks; Relayed the layout of the park facilities; Noted the location of the school sites, advising that the HCA would be maintaining the landscaping, the second recreation center, the "Mega" Center which included a free form pool, a "Mommy and Me" pool, approximately eight spas, tennis courts, ballrooms, and bistros which would be accessible via the trail system; and For Mayor Roberts, specified the path of the equestrian trails, including the location where horses would cross the street, noting that the applicant could install gates and pedestrian signal buttons designed for the height of an individual while sitting on a horse; additionally noted that horses could also cross at the creek laterally, advising that the Water Quality Board would allow a chain fencing with pipe to keep the horses in a certain area and the HCA would clean up the horse litter in this area; The Open Space which would be taken over by an entity agreeing to the Maintenance Agreement, advising that in the interim period, the applicant would serve as the managers of this of this area; and noted that if the City desired to accept the dedication of the 201 acres, the area could be City-controlled; Mr. Everett presented a list of issues i.e., 15 items (per supplemental agenda material) the applicant was in disagreement with in the current DA, specifying the following: Requested that the Fire Department which was currently required to be constructed prior to the 250th building permit not be required until prior to occupancy of the 250th unit, subject to the discretion of the Fire Chief and/or the Publics Works Director which would maintain the same control to the City; For Mayor Roberts, City Manager Nelson relayed the difficulties in restricting buyers from moving into their new homes if the construction of the Fire Department was not complete, advising that staff did not recommend revising this requirement; For Mayor Pro Tem Stone, Assistant City Attorney Curley provided additional information regarding revising this requirement. Battalion Chief McBride provided an overview of agreements with the developer to ultimately postpone these particular requirements to prior to the issuance of the 250th building permit, City Manager Nelson noting that this was agreed to in the past by the applicant, Battalion Chief McBride adding that the five-minute response time and the secondary access requirement prior to the issuance of the 250th building permit was agreed to at the Planning Commission hearinG In response, Mr. Everett conceded that the applicant had agreed to this requirement and was now requesting a revision. R:\Minutes\112602 11 With respect to the Planning Commission's recommendation to install curb-separated sidewalks on local streets, relayed that to implement this element would require major redesigning which would negatively impact the CFD; Mr. Peter Olah, representing the applicant, noted that with implementation of this element the project would be reduced by 12 to 15 lots; For Councilman Naggar, confirmed that the public streets would have curb- separated sidewalks, Project Planner Naaseh specifying every street in the project proposed with curb-separated sidewalks. With respect to non-standardized-sized street trees, noted the condition requiring 36-inch to 60-inch box trees on the non-arterials, opining that this was not an equitable condition; For Mayor Pro Tem Stone, Project Planner Naaseh relayed that the 36-inch box trees were required on the major roads and on A Street and B Street; and specified that the 48-inch to 60-inch box trees were only proposed at the intersections and not on the parkways; For Assistant City Attorney Curley, Project Planner Naaseh confirmed that these requirements were specified in the Specific Plan which would be translated into the maps. The applicant agreed to the tree requirements after the clarification provided by Project Planner Naaseh. With respect to the one-stow, two-stow issue, relayed the applicant's opposition to a mandated percentage of one-stow homes, but preferred to allow the issue to be market driven; For Councilman Naggar, noted that the applicant would not be in agreement to a ten to fifteen percent (10-15%) one-story unit requirement; Project Planner Naaseh clarified that the City Attorney had stated that there could be no mandate regarding a certain percentage of single-story units; and The City Council concurred that the implementation of one- or two-story units should be market driven with an expectation that there would not be all two-story units. Offering clarification, Project Planner Naaseh noted that when the product review was conducted at the Planning Commission level, the Planning Commission expected the applicant to have included a reasonable number of single-story units, which was clearly relayed to the applicant at the Planning Commission hearings. The City Council concurred with this expectation. With respect to the requirement to install the full intersection improvements prior to the issuance of the 1st building permit, relayed the applicant's desire to postpone this requirement until prior to the issuance of the 250th building permit, and that the installation of the north and southbound through lanes on Winchester Road not be required by the applicant; Project Planner Naaseh clarified that there were three intersections the applicant was being required to improve, e.g., Nicolas Road/Winchester Road, Nicolas Road/General Kearny Road, and Butter'field Stage Road/Rancho California Road, advising that this project's fair share contributions from other intersections have been applied to these three intersection improvements which had an equal net effect; For Councilman Naggar, Project Planner Naaseh specified that only the Nicolas Road and General Kearny Road intersection improvements were required prior to the 1st building permit, the other improvements required by approximately the issuance of the 510th building permit; R:\Minutes\112602 12 For Councilman Naggar, Mr. Everett suggested that the adjacent shopping center owner be required to install the through lanes on Winchester Road in lieu of this project. Councilman Comerchero interjected at this point in the hearing, that the developer should work with staff regarding these issues of dispute (as per the supplemental agenda material) due to the City Council's lack of adequate information, and that if some items are brought back to the City Council at a future point, that the Council be provided with data with respect to each issue. Mr. Everett reiterated his desire to discuss with the City Council the fine-tuning of the Development Agreement. For clarification, Assistant City Attorney Curley relayed that all the items of dispute denoted (per the supplemental agenda material), were not DA issues, specifying which issues were deal point issues, and confirming for the City Council that City legal staff would expend diligent efforts to cooperate in the finalizing the DA with the applicant. Continuing his presentation regarding the DA issues of disagreement, Mr. Everett specified the following: The applicant's desire to impose a $5,000 a day penalty for the contractor of the Fire Department if the contractor could not complete the Fire Station in a 12-month period, stating that it was his understanding that Battalion Chief McBride was not opposed to this recommendation; City Manager Nelson recommended that the same procedure as was followed in all Public Works contracts (which addressed liquidated damages) be pursed with this project, opining that this item should not be added to the DA; It was the consensus of the City Council that the liquidated damage issue should not be included in the DA; Relayed the applicant's desire that if reclaimed water was not available at the time the trunk lines were installed in the CFD, then the reclaimed water not be required to be implemented, rather than the current requirement that if at any time in the future reclaimed water comes within 300 feet of the project the applicant would be required to add reclaimed water; Noted the applicant's disagreement with the requirement to contour grade which remained in the Mitigation Monitoring Program; Assistant City Attorney Curley noted that if a requirement was pulled from the Mitigation Monitoring Program a finding would need to be made justifying the rationale for such (per CEQA requirements). Relayed the applicant's desire to be exempt flom TUMF fees due to an additional $8 million out-of-pocket expense which would place the project upside down financially; Specifying the improvements proposed on Nicolas Road and Butterfield Stage Road which are above and beyond the nexus requirements, requested that these requirements be revised to state that the applicant shall be required to construct Nicolas Road as four lanes from Winchester to Butterfield Stage Road, and to only improve Butterfield Stage Road half-width while the applicant would still be willing to complete all the grading; For Councilman Pratt, Deputy Director of Public Works Parks clarified that the Public Works Department strongly opposed the elimination of the four-lane improvements to R:\Minutes\l 12602 13 Butterfield Stage Road, advising that to eliminate this improvement in order to install an additional lane on Nicolas Road was not rational with respect to addressing traffic (per the traffic analysis for this project). Project Planner Naaseh added that Butterfield Stage Road being improved to four lanes had been included as part of the project description in the Specific Plan and the EIR. Councilman Pratt relayed that the City Council did not have enough information to address all the issues of dispute in the DA, advising that typically the applicant works with staff regarding these issues prior to a hearing; and advised that he could not address these items without further data. Regarding the applicant's request to include the fast tracking of the JPA in the DA, Assistant City Attorney Curley relayed that the current form of the JPA does not include any of the on-site development, but solely off-site development. Deputy Director of Public Works Parks relayed the need for this element due to Butterfield Stage Road City Manager Nelson recommended that the same procedure as was followed in all Public Works contracts (which addressed liquidated damages) be pursed with this project, opining that this item should not be added to the DA; It was the consensus of the City Council that the liquidated damage issue should not be included in the DA; Relayed the applicant's desire that if reclaimed water was not available at the time the trunk lines were installed in the CFD, then the reclaimed water not be required to be implemented, rather than the current requirement that if at any time in the future reclaimed water comes within 300 feet of the project the applicant would be required to add reclaimed water; Noted the applicant's disagreement with the requirement to contour grade which remained in the Mitigation Monitoring Program; Assistant City Attorney Curley noted that if a requirement was pulled from the Mitigation Monitoring Program a finding would need to be made justifying the rationale for such (per CEQA requirements). Relayed the applicant's desire to be exempt from TUMF fees due to an additional $8 million out-of-pocket expense which would place the project upside down financially; Specifying the improvements proposed on Nicolas Road and Butterfield Stage Road which are above and beyond the nexus requirements, requested that these requirements be revised to state that the applicant shall be required to construct Nicolas Road as four lanes from Winchester to Butterfield Stage Road, and to only improve Butterfield Stage Road half-width while the applicant would still be willing to complete all the grading; For Councilman Pratt, Deputy Director of Public Works Parks clarified that the Public Works Department strongly opposed the elimination of the four-lane improvements to Butterfield Stage Road, advising that to eliminate this improvement in order to install an additional lane on Nicolas Road was not rational with respect to addressing traffic (per the traffic analysis for this project). Project Planner Naaseh added that Butterfield Stage Road being improved to four lanes had been included as part of the project description in the Specific Plan and the EIR. Councilman Pratt relayed that the City Council did not have enough information to address all the issues of dispute in the DA, advising that typically the applicant works with staff regarding these issues prior to a hearing; and advised that he could not address these items without further data. R:\Minutes\112602 14 Regarding the applicant's request to include the fast tracking of the JPA in the DA, Assistant City Attorney Curley relayed that the current form of the JPA does not include any of the on-site development, but solely off-site development. Deputy Director of Public Works Parks relayed the need for this element due to Butterfield Stage Road being half in the County, advising that this was all part of the CFD. Assistant City Attorney Curley advised that this would need to be amended to address this issue. For Mayor Pro Tem Stone, Project Planner Naaseh confirmed that the project's fair share of improvements were consolidated and applied to the three intersections previously specified. In response to Mayor Pro Tern Stone, Assistant City Attorney Curley confirmed that if Butterfield Stage Road was only improved half-width, the EIR would most likely need to be re-circulated, advising that the four-lane improvement had been included in all the analysis, which was a fundamental point and would most likely constitute a substantial change. Councilman Naggar recommended that there be investigation as to an avenue for improving both Nicolas Road and Butter'field Stage Road to four lanes. At 10:22 P.M. the City Council meeting recessed, reconvening at 10:34 P.M. The public was invited to comment The following individuals commented on the project: Mr. Edwards Cecile Mr. Hans Kerncamp 31250 Nicolas Road 39055 Liefer Road The above-mentioned individuals commented regarding the project, as follows: · Recommended that Nicolas Road be improved to four lanes (as a requirement of this project), noting strong opposition to neighboring properties being assessed for this improvement at any time in the future; · Noted opposition to a horse trail traversing over a four-lane roadway; Commented that the project had greatly improved from the proposal a year ago, commending the City Council and the staff; Relayed that a commitment had been made earlier in the project's process that there would be no construction traffic on Nicolas Road, clarifying the strong opposition to construction traffic on Nicolas Road; · That due to the Planning Commission's recommendation to shift the size of the lots in order to attain improved buffering on the eastern portion of the project, it appeared that the one-acre lots on the western portion would be reduced to half-acre lots, noting opposition to this revision; · With respect to the statement of overriding consideration, queried the public benefits of the project to the City residents residing in Nicolas Valley; Suggested that in lieu of the extremely costly articulation elements at the staffed/gated entry, that those monies be applied towards improving Nicolas Road. Mayor Roberts closed the public hearing at this time. The City Council relayed closinq remarks Mayor Pro Tern Stone commented regarding the ten-year process with this project, noting staff's, the applicant's, and the City Council's diligent efforts during this period of time; relayed that it was atypical for the City Council to address points of contention between the applicant and staff as it related to the DA during a public hearing; noted that he would clarify his opinion regarding the deal R:\Minutes\112602 15 point issues which had been raised, and with City Council consensus would propose to the applicant to accept these proposals or have this agenda item continued. In response to Mr. Cecile's comments, Mayor Pro Tern Stone noted that there would need to be a two-thirds majority vote for the formation of an assessment district, relaying assurance that the City would not arbitrarily assess the adjacent property owners for improvements to Nicolas Road. Mayor Pro Tern Stone recapitulated the City Council's direction (which is specified in the motion associated with this item; see pages 18-19, in the bulleted section) concerning each of the 15 items of dispute associated with the DA. Additional discussion ensued regarding TUMF, City Manager Nelson relaying that staff's recommendation would be that the developer be subject to TUMF, and be eligible to receive credits applicable per the TUMF Program. For Mayor Pro Tem Stone, Assistant City Attorney Curley relayed that in each of the recent Specific Plan Development Agreements there were different aspects to the deal points due to each project bringing different components to the table, advising that with all the agreements, including this DA, the direction and the philosophy were the same, overall. For the City Council, City Manager Nelson provided additional information regarding staff's position that this project not be exempt from TUMF; clarified that at this time, the City has better information then when the previous Harveston and Wolf Creek Development Agreements were negotiated; and for Councilman Naggar, relayed additional information regarding the Board of Supervisors adopting the TUMF Fee today, November 26, 2002, which provided specificity regarding which road improvements would be included in the TUMF network. In response to Councilman Naggar, the City Council noted their concurrence that the City should pursue with the County acceptance of a dedication from the developer of the 201 acres of Open Space, as offered by the applicant. Councilman Pratt noted his support of the project being subject to TUMF. For Councilman Naggar, Deputy Director of Public Works Parks provided additional information regarding Nicolas Road, Councilman Naggar recommending that the need for widening Nicolas Road to four lanes be investigated prior to the CIP process. City Manger Nelson confirmed that Director of Public Works Hughes had stated that Nicolas Road, improved as proposed with this project, would address the build out traffic of Roripaugh Ranch. Councilman Comerchero noted that while he was disappointed with the lack of curb-separated sidewalks in the project, as well as uncomfortable with the proposed improvements for Nicolas Road which could create a bottleneck situation, that with the project being subject to TUMF, he would concede regarding the curb-separated sidewalks and the Nicolas Road proposal, and could support the project, as discussed. Mayor Roberts relayed that he was pleased with the Planning Commission's recommendation whereby seven or eight lots were reduced from the project in order to increase the buffering; noted concern regarding the equestrian crossing, recommending that either the creek crossing or the signal placement for individuals riding horses be pursued, as the applicant agreed to implement in his previous statements; noted that while he was a proponent of the curb-separated sidewalks, he could support the project, as specified by the City Council. R:\Minutes\112602 16 The City Council concurred that the amenities Mr. Everett specified as being included in the recreation centers (as stated during his presentation and on the taped record of the hearing) should be included in the DA as a deal point. Assistant City Attorney Curley clarified that traditionally the City Council has dealt with all the documents of a project at one time, i.e., a certified EIR, first readings of the Ordinances for the DA, and the maps; confirmed, for Mayor Pro Tern Stone, that the Ordinances would not become law until the second reading of the ordinances; in response to Councilman Comerchero's queries regarding whether the City Council could approve the project subject to the approval of the DA, recommended that when the DA comes back to the City Council that the document come back signed; noted that for the documents to be deemed legal there can be no changes after the second reading, advising that while the City Attorney could diligently cooperate with the finalizing of the DA, the matter would not be brought back to the City Council until there was a final document; and confirmed that the amenities the applicant included in his presentation regarding the recreation centers and the park facilities would be included in the DA. Reopening the public hearing, the City Council invited the applicant to respond to the direction the City Council had provided (which is specified in the motion; see pages 18-19, in the bulleted section.) Mr. Richard Ashby, the applicant, relayed the rationale for the opposition to the project being subject to the TUMF Fees, imploring the City Council to exempt the project as was done with the Wolf Creek and Harveston Projects. Mr. Everett specified the road improvements the developer would be implementing which would not be credited towards TUMF, noting the $8 million additional fees the developer would have to pay, in part due to the bridge projects not qualifying for credits. Mr. Ashby provided additional information regarding his opposition to being subject to TUMF, noting the applicant's costs of $19.4 million above the project's nexus. City Manager Nelson noted the importance of TUMF from a regional perspective. Additional discussion ensued regarding this project being subject to TUMF, Councilman Comerchero noting the importance of the fee being a standardized fee. Mr. Ashby noted that Supervisor Venable stated to him that this particular project should be exempt form TUMF due to the plethora of road improvements being implemented. In response, Councilman Comerchero advised that the board would determine the project's credits towards TUMF. Mayor Pro Tern Stone clarified that with the limited data, in particular regarding TUMF, the City Council was willing to support the project, as stipulated, with TUMF, noting that if the applicant was not satisfied, that this agenda item would need to be continued until the project could come back to City Council with a signed DA which the applicant and staff were in agreement with. Mr. Everett reiterated the applicant's desire to not improve Butterfield Stage Road to the full width, imploring the City Council to consider amending this requirement. In response to Council query, Assistant City Attorney Curley relayed that the City Council has noted its support of the Development Agreement (DA), as stipulated, which would come back to the City Council when, and if, the document was signed. Mayor Pro Tern Stone advised that it would be more prudent to have the applicant's agreement to the DA (as presented by staff, and amended by the City Council) prior to the attorney expending time to draw up a document that the applicant would not be willing to sign. In response, Assistant City Attorney Curley confirmed that if the applicant expressed his unwillingness to sign the document, then it would be a mute point to prepare it. R:\Minutes\112602 17 The City Council clarified for the applicant that the City Council would not support the project without the applicant's agreement to the Development Agreement, as stipulated. Assistant City Attorney Curley clarified the link the DA had with the alternate documents associated with the project, advising that there was integration between the entitlement and the documents. Mayor Roberts queried the applicant as to whether he agreed to the DA, as specified by staff, and amended by the City Council. After additional discussion, Mr. Ashby, the applicant, agreed to the DA, as presented by staff, and amended by the City Council. MOTION: Mayor Pro Tem Stone moved to approve the project, as presented by staff and amended by the City Council, and as agreed to by Mr. Ashby, subject to the following: That the City pursue with the County acceptance of a dedication from the developer of the 201 acres of Open Space, as offered by the applicant, as well as accepting the maintenance responsibility, and that the City pursue acquiring the funding mechanism for maintenance in addition to the developer's offer of $450,000 for maintenance; That the Planning Commission's recommendation to reduce seven or eight lots (as specified in the staff report) be incorporated into the project in order to increase the project's buffering; That the Specific Plan be revised regarding the chain-linked fencing proposed on top of the block wall along the southern border of Planning Area 13, and that split-rail fencing with mesh, or a glass wall be implemented in lieu of the chain link, per approval of the Resource Agencies, specifically that the chain-linked fencing be replaced with an alternate fencing that the Agencies would accept, and that the block wall be decorative. That the equestrian trail plan be amended to reflect a crossing over Butterfield Stage Road whereas either horses would cross the street with median rails and installed pedestrian signals with buttons designed for the height of an individual seated on a horse to access, as was implemented in the City of Norco, and as was offered by the applicant, or that a lateral crossing be installed at the creek with installation of chain fencing with pipe to keep the horses in a specified area with the HCA cleaning the horse litter, which the applicant relayed had been approved by the Water Quality Board, and the applicant was willing to install and maintain; That language be added to the DA regarding the specificity of the amenities included in the recreation centers and the parks, as presented by the applicant and on the record in the taped record of this hearing; That with respect to the applicant's request to postpone requirements currently required prior to the issuance of the 250~h building permit, to occupancy of the 250th unit, that this requirement not be amended due to safety reasons; That additional curb-separated sidewalks on local streets within the project would not be required; R:\Minutes\112602 18 That with respect to the one-story, two-story issue, that either the market or staff dictate the number of one-story units implemented, per the direction of staff, with the City Council stipulated expectation that all of the units would not be two-story; That with respect to the applicant's request that the through-lane projects at Nicolas Road and Winchester Road be removed, that this requirement not be amended; That with respect to the applicant's request to modify the requirements for utilizing reclaimed water, that if the reclaimed water was not available when the roadways and pipes were installed, the applicant not be held for an indefinite period of time regarding implementing the use of reclaimed water; That with respect to the applicant's request to delete the requirement for contour grading, that this not be amended due to its inclusion in the Mitigation Monitoring Program; That with respect to the applicant's request to modify the improvements on Butterfieid Stage Road and Nicolas Road, that these requirements not be amended; That with respect to TUMF, that TUMF fees would apply to the project, and that the developer be credited for all applicable TUMF credits, via the TUMF Program; That with respect to the applicant's request for imposition of a $5,000 a day penalty regarding the delay of the construction of the Fire Station, that this penalty not be imposed due to the City's existing policy regarding liquidated damages, and the staff's commitment to expedite the construction process; T~at with respect to the applicant's request that the City hire and pay for the Fire Station's architect expeditiously, that this not be included in the DA, while the City would be moving forward expeditiously regarding this item, as previously stated; That with respect to the requirement for specified tree sizes to be revised within the project plan, that this not be revised due to the applicant's agreement to the requirements after staff's clarification, and specified in the minutes of the meeting; That with respect to fast tracking the CFD, that this matter not be addressed in the DA, due to the City's commitment to fast track this process; That with respect to the fast tracking of the JPA, that this not be included in the DA due to the City's commitment to have the City Attorney address this issue with County staff and work to form a JPA, if needed, which would effectively provide the expected improvements to the City; That with respect to the City Attorney cooperating to finalize the DA, that this not be included in the DA due to the commitment of the City Attorney to cooperate in this matter; and · That the public hearing be closed. The motion was seconded by Councilman Comerchero and after additional discussion voice vote reflected unanimous approval. MOTION: Mayor Pro Tem Stone moved to adopt Resolution No. 02-111, subject to the amendments stipulated by the City Council, as applicable (denoted in the previous bullets.) The motion was seconded by Councilman Pratt and voice vote reflected unanimous approval. R:\Minutes\112602 19 MOTION: Mayor Pro Tern Stone moved to adopt Resolution No. 02-112, subject to the amendments stipulated by the City Council, as applicable (denoted in the previous bullets.) The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. MOTION: Mayor Pro Tern Stone moved to approve the introduction and reading, by title only, of Ordinance No. 02-13, subject to the amendments stipulated by the City Council, as applicable (denoted in the previous bullets), and that the second reading of the Ordinance not be agendized until such time as there was a signed DA. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. Assistant City Attorney Curley introduced and read by title only Ordinance No. 02-13. MOTION: Mayor Pro Tem Stone moved to approve the introduction and reading, by title only, of Ordinance No. 02-14, subject to the amendments stipulated by the City Council, as applicable (denoted in the previous bullets), and that the second reading of the Ordinance not be agendized until such time as there was a signed DA. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. Assistant City Attorney Curley introduced and read by title only Ordinance No. 02-14. MOTION: Mayor Pro Tem Stone moved to adopt Resolution Nos. 02-113 and 02-114, subject to the amendments stipulated by the City Council, as applicable (denoted in the previous bullets.) The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. For Councilman Naggar, Assistant City Attorney Curley confirmed that while the City Council has put in place the environmental documents and the Specific Plan (which were acts that could be rescinded) that the second reading of the Ordinances would not come back to the City Council until there was a signed DA. 11 Introduction of the Western Riverside County Transportation Uniform Mitiqation Fee Proqram Ordinance RECOMMENDATION: 11.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO, 02- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING PARTICIPATION IN THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM MOTION: Councilman Naggar moved to continue this item off calendar and re-notice the public hearing. The motion was seconded by Mayor Pro Tem Stone and voice vote reflected unanimous approval. DEPARTMENTAL REPORTS No additional comments. R:\Minutes\112602 20 CITY MANAGER'S REPORT No additional input. CITY ATTORNEY'S REPORT With regard to Closed Session, Assistant City Attorney Curley noted that there were no reportable actions. ADJOURNMENT At 11:46 P.M., the City Council meeting was formally adjourned to Tuesday, December 10, 2002, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:\Minutes\112602 21 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL DECEMBER 10, 2002 After the Closed Session that convened at 6:00 P.M., the City Council convened in Open Session at 7:00 P.M., on Tuesday, December 10, 2002, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Absent: PRELUDE MUSIC Counoilmembers: Councilmember: Comerchero, Naggar, Pratt, Stone, Roberts None The prelude music was provided by Joanne Algier. INVOCATION The invocation was given by Elder Felicia Brown of Imani Temple. ALLEGIANCE The flag ceremony was presented by Cub Scout Pack No. 304. PRESENTATIONS/PROCLAMATIONS Service Recognition Presentation Commending outgoing Public/Traffic Safety Commissioner Coe for his years of service on the Commission, Mayor Roberts presented to him a Certificate of Appreciation. In return, Mr. Coe relayed his delight with having had the opportunity to serve the City. Mayor Roberts, as well, presented five-year service pins to the following individuals: Dennis Chiniaeff - Planning Commission John Telesio - Planning Commission James Meyler - Community Services Commission Each individual thanked the City Council for its recognition and, as well as, expressed their and privilege in having the opportunity to serve the City. In closing, Mayor Roberts, with great pleasure, presented Mayor Pro Tem Stone with his 10- year service pin which was accepted, with appreciation, by Mr. Stone. The Day of the Horse in Riverside Proclamation Accepting the proclamation presented by Mayor Roberts, Mr. Jim Reo thanked the City Council for its recognition and commented on the important economic impact the horse has on the State and County. R:\Minutes\121002 1 Firefi,qhter Spark of Love Toy Drive As a result of former Fire Marshal Ahmad's long-term illness, Fire Chief Windsor advised of organizational changes made, referring to the filling of the Battalion Chief/Fire Marshal position by Jim McBride and introduced to the Council newly promoted Deputy Fire Marshal Neuman. In closing, Mr. Windsor wished Mr. Ahmad nothing but the best. At this time, Deputy Fire Marshal Neuman commented on the upcoming l0th Annual Toy Drive, advising of the Department's active participation in collecting toys and distributing them to local charities. Fire Safety Specialist Horton provided additional details of the event and requested the community's continued support of it. Murrieta Creek Flood Control Presentation Mr. Dave Zappe introduced Mr. Rusty Williams, Assistant Chief Engineer for the project, who, in detail by way of a PowerPoint presentation, provided an overview of the status of the Murrieta Creek Project, noting the following: · Location · Benefits · Three-prong project o Public safety- flood control aspect\ o Environmental restoration - enhancement of surrounding environment o Recreation element- 50 acres of this basin utilized as a flat, grassy sports park with trails · Project phases · Project cost o $90 million · Federal funding · $42 million local share -Flood Control, City of Murrieta, City of Temecula · City of Murrieta will b contributing $10 million · Requested that City of Temecula contribute $10 million · State/Federal grants · Bond issue o Floor Control is prohibited in participating in the funding of the recreation element - cities will be requested to participate in the funding · Anticipated construction schedule o No 2003 Federal budget o House version of the Engineering and Appropriations Bill has earmarked $1 million for this particular project o Target construction to commence next Fall. In closing, Mr. Williams commended Congressman Calvert on his efforts and support of this project and requested the City fo consider that commitment of $10 million toward this project. PUBLIC COMMENTS A. By way of pictures, Ms. Lorena Spencer, 43104 Agena, reiterated her previously made concerns with regard to Old Town signage, lack of sidewalks on Fifth Street, and the competition of Farmers' Market. R:\Minutes\121002 2 In response to Ms. Spencer's comments, City Manager Nelson advised that Redevelopment and Housing Director Meyer has been in contact with Ms. Spencer to address her concerns; that the Farmers' Market competition issue is being addressed through the license agreement; that the requested signage would not be in conformance with the existing Sign Ordinance; and that it would not be the responsibility of the City to install sidewalks within the requested area. By not permitting the requested signage, Councilman Pratt noted that the City is not being user friendly and is not assisting the merchants in an opportunity to succeed. B. Mr. John Sterling, P.O. Box 435, Temecula, representing the Temecula Town Association, invited the City Council and the public to the 8t~ Annual Free Community Christmas Dinner at the Temecula Community Center. C. Ms. Grace Mellman, 36500 De Portola, representing the Friends of Temecula Library, thanked the City for its dedication to building a City library and briefly commented on the Library Board's action to table the decision with regard to the funding of the City's grant application. She advised that the Board will meet again on December 19, 2002, at which time, the City will be apprised as to whether or not the grant will be approved. In an effort to express the community's support of this grant, Ms. Mellman advised of the Friends of Temecula Library letter writing campaign to the six Library Board Members in Sacramento; distributed copies of the letters; and encouraged community support. CITY COUNCIL REPORTS A. Commenting on the public participation, Councilman Pratt relayed his delight with having participated in the Santa's Breakfast event. B. Councilman Comerchero advised that Mayor Roberts and he had attended the National League of Cities Conference in Salt Lake City and noted that the number one issue among cities is the passing of the Federal government's Homeland Security Measures and, thereby, forcing cities to incur notable costs. With the concurrence of his fellow colleagues, Mr. Comerchero requested to agendize the Vehicle License Fee matter, expressing his objection to returning to former fee levels or the institution of a new tax. In closing, Mr. Comerchero invited the public to the attend the Holiday Parade, Friday, December 13, 2003. C. Having previously requested additional E.R.A.C.I.T. checkpoints during the Holiday Season, Mayor Pro Tern Stone advised that a recent checkpoint resulted in discovering a car with illegal drugs, noting that the occupants were not City residents and that such activity will not be tolerated in the City. Mr. Stone thanked Mayor Roberts for his dedication to securing funding for the City for its library; advised that the City has a shelf-ready project; that the City has set aside 30% of the project cost; noted that the State Senate and State Assembly is not viewing the City as a successful contender of this grant; thanked Ms. Mellman for her continued support of this project; and requested that the sample letters be placed on the City's website. Commenting on the ever-growing attendance, Mr. Stone advised that he and some of his fellow colleagues attended the Christmas Tree Lighting Ceremony. R:\Minutes\121002 3 In closing, Mayor Pro Tem Stone relayed his honor with receiving the City's 10-year service pin; thanked his colleagues and staff for their continued support; introduced his family; and wished everyone a Happy Holiday Season. D. With regard to the library grant, Mayor Roberts relayed his intent to obtain, for the City, a portion of the available $19.8 million. 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. 2 Resolution Approvin.q List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO, 02-115 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 RECOMMENDATION: 3.1 Receive and file the City Treasurer's Report as of October 31, 2002. Temecula Town Association Sponsorship Request for the 2003 Temecula Rod Run RECOMMENDATION: 4.1 Approve funding for the 2003 Temecula Rod Run for actual City-support costs in the amount up to $41,152; 4.2 Approve the Temecula Rod Run Sponsorship Agreement with the Temecula Town Association and authorize the Mayor to execute the agreement. (Mayor Pro Tern Stone abstained with regard to this item.) Street Name Chanqe from Columbia Place to Sherbourne Place RECOMMENDATION: 5.1 Adopt a resolution entitled: 3 4 5 R:\Minutes\121002 4 RESOLUTION NO. 02-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING THE STREET NAME FROM COLUMBIA PLACE TO SHERBOURNE PLACE Acceptance of Offer of Dedication - Road Purposes on PechanRa Parkway (formerly Pala Road) as required per Conditions of Approva', PA01-0521 RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 02-117 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 PECHANGA PARKWAY (FORMERLY PALA ROAD) AS REQUIRED BY THE CONDITIONS OF APPROVAL FOR PA01- 0521 BUT NOT ACCEPTING THAT PORTION OF STREET INTO THE CITY-MAINTAINED STREET SYSTEM AT THIS TIME Winchester Road Riqht-of-Way Easement Bus Turnout RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 02-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A PORTION OF THE TRANSPORTATION CORRIDOR EASEMENT DEDICATED ON PARCEL MAP NO. 28530-1 FOR THE WINCHESTER ROAD WIDENING PROJECT TO ACCOMMODATE A BUS TURNOUT Authorize Temporary Street Closures for Temecula's Electric Liqht Parade on December 13I 20021 and deleqate authority to issue Special Events/Street Closures Permits to the Director of Public Works/City Enqineer RECOMMENDATION: 8.1 Adopt a resolution entitled: R:\Minutes\121002 5 RESOLUTION NO. 02-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURES FOR JEFFERSON AVENUE AND ABUTTING STREETS FROM RANCHO CALIFORNIA ROAD TO OVERLAND DRIVE AND ALSO THE LOW FLOW CROSSING AT VIA MONTEZUMA AT DIAZ ROAD FOR TEMECULA'S ELECTRIC LIGHT PARADE ON DECEMBER 13, 2002, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES Authorize Temporary Street Closures for Temecula Rod Run 2003 Event in Old Town (Old Town Front Street between Moreno Road and First Street and other related streets) RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 02-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING TEMPORARY STREET CLOSURES FOR OLD TOWN FRONT STREET AND ABUTTING STREETS FROM FIRST STREET TO MORENO DRIVE EAST FOR TEMECULA ROD RUN 2003 EVENT ON FEBRUARY 15 AND 16, 2003, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIAL EVENT (Mayor Pro Tem Stone abstained with regard to this matter.) 10 TEA-3 Fundin.q Proqram- French Valley Parkway Interchanqe Project RECOMMENDATION: 10.1 Receive and file this report concerning a potential funding opportunity for the construction of the future French Valley Parkway Interchange Project through the Federal TEA-3 Funding Program; 10.2 Adopt a resolution entitled: RESOLUTION NO. 02-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE JOINT EFFORTS OF THE CITIES OF TEMECULA AND MURRIETA IN REQUESTING A CONGRESSIONAL EARMARK OF TEA-3 SURFACE TRANSPORTATION FUND~ FOR THE FRENCH VALLEY PARKWAY INTERCHANGE PROJECT R:\Minutes\121002 6 11 Award of Contract for P.C. Workstations RECOMMENDATION: 11.1 Award a contract for Pentium-based computer workstations to Tech 101 - Arcus, Inc., Irvine, California, in the amount of $92,000.70. (Pulled for separate discussion; see pages 7-8.) 12 Second Reading of Ordinance No. 02-11 (Development Code Amendment) RECOMMENDATION: 12.1 Adopt an ordinance entitled: ORDINANCE NO. 02-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING STANDARDS FOR MODULAR STRUCTURES, ADOPTING CHAPTER 17.10 OF THE TEMECULA MUNICIPAL CODE, AND MAKING OTHER MINOR MODIFICATIONS TO THE TEMECULA MUNICIPAL CODE (PLANNING APPLICATION NO. 02-0318) MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1 - 10 and 12 (Item No. 11 was considered under separate discussin; see below). The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Mayor Pro Tem Stone Roberts who abstained with regard to Item Nos. 4 and 9. CONSENT CALENDAR ITEM NO. 11 CONSIDERED UNDER SEPARATE DISCUSSION 11 Award of Contract for P.C. Workstations RECOMMENDATION: 11.1 Award a contract for Pentium-based computer workstations to Tech 101 - Arcus, Inc., Irvine, California, in the amount of $92,000.70. Commending newly hired IS Manager Thorson on a job well done, Mayor Pro Tem Stone expressed concern with the limited number of local vendors that responded to the Request for Proposal (RFP) and suggested that the matter be continued to provide local vendors the opportunity to bid on the RFP. Reviewing the notification process of the RFP, IS Manager Thorson advised that of the nearly 50 invites, 16 bids were received of which 3 were from local vendors. For the Council, City Attorney Thorson advised that although the bid price has now been released, the City may opt to rebid in order to obtain a wider variety of vendors to bid on the product. City Manager Nelson requested that he be given the opportunity to address the matter and that the item be continued for 30 days. R:\Minutes\121002 7 MOTION: Mayor Pro Tern Stone moved to continue this item for 30 days. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. At 8:14 P M., the City Council took a short recessed and at 8:32 P.M. convened as the Temecula Community Services District and the Temecula Redevelopment Agency. The City Council Meeting resumed with regularly scheduled business &t 8:41 P.M. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 13 Eli Lilly & Company General Plan Amendment (PA01-0418); Specific Plan Amendment (PA02-0510}; and Zone Change (PA02-0509} RECOMMENDATION: 13.1 Continue this item to the January 14, 2003, City Council meeting. Because the City has already approved four General Plans for this year, as permitted by State law, City Manager Nelson requested that this matter be continued to the January 14, 2003, City Council meeting. MOTION: Mayor Pro Tem Stone moved to continue this item to the January 14, 2003, City Council meeting. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. 14 Valley Christian Fellowship General Plan Amendment and Zone Change (PA02-0260) RECOMMENDATION: 14.1 Continue this item to the January 14, 2003, City Council meeting. MOTION: Mayor Pro Tern Stone moved to continue this item to the January 14, 2003, City Council meeting. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. COUNCIL BUSINESS 15 Appointment of Mayor and Mayor Pro Tern of the City Council for Calendar Year 2003 RECOMMENDATION: 15.1 Entertain motions from the City Councilmembers to appoint the Mayor to preside until the end of calendar year 2003; 15.2 Entertain motions from the City Councilmembers to appoint the Mayor Pro Tern who will assume the duties of the Mayor in the Mayor's absence and hold this office until the end of calendar year 2003. MOTION: Councilman Pratt moved to appoint Mayor Pro Tem Stone as Mayor for 2003. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. R:\Minutes\121002 8 MOTION: Mayor Roberts moved to appoint Councilman Naggar as Mayor Pro Tem for 2003. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. Relaying his personal appreciation to Mayor Roberts for his support and friendship that he has offered to him as well as the entire City Council, Councilman Naggar thanked Mayor Roberts. 16 Temecula Citizen Corps Pro.qram RECOMMENDATION: 16.1 Approve the formation of the Temecuta Citizen Corps Program. Reviewing the staff report (of record), Assistant to the City Manager Yates advised that the Public/Traffic Safety Commission has reviewed and approved, in concept, the program and has been designated as the ambassador of it. In response to Council comments, Mr. Yates noted that this program has been modeled after that of the Federal Office of Homeland Security; that the City is instrumental in this program becoming a County-wide program; and that if Homeland Security Federal funding requests were made available, specific funding would be requested for a radio communication system. Police Lieutenant Pingel outlined the components of the Temecula Citizen Corps Program, noting the following: · Involve all City neighborhoods in the program · Recruit volunteers · Create effective communication to include the Public/Traffic Safety Commission · Preparedness for preventing/handling threats of terrorism, crime, disasters, etc. · Continue traditional programs Police and Fire Department programs such as the Neighborhood Watch At this time, Lt. Pingel introduced Sergeant Waite who, in turn, commented on the upcoming recruiting efforts, commenting on the following: · Police Liaison · Community Action Patrol · Kick-off meetings- four quadrants throughout the City Relaying her support of the proposed program, Ms. CeCe Axton, 30169 Sierra Madre Drive, noted that such a program would further provide credibility and support to the Neighborhood Watch Program; noted that the success of this program will be dependent on City support as well as volunteers. Ms. Axton wished everyone a Happy Holiday Season. Commenting on the evolvement of this program, Councilman Comerchero referenced the struggling Neighborhood Watch Program. R:\Minutes\121002 9 Echoing Councilman Comerchero's comment, Councilman Naggar addressed the need to recharge the Neighborhood Watch Program and stated that police cannot be everywhere but that the neighbors can be. MOTION: Councilman Comerchero moved to approve staff recommendation. The motion was seconded by Councilman Naggar and voice vote reflected unanimous approval. 17 Graffiti Ordinance (as requested by Mayor Pro Tem Stone) RECOMMENDATION: 17.1 Receive information regarding the City's Anti-Graffiti Ordinance. Principal Planner Brown reviewed the staff report (as per agenda material); referenced the City's existing ordinance; commented on its two primary components -prevention and removal; and recommended that the monitoring of the display and storage of aerosol paint containers and marking pens be transferred from the Police Department to the Code Enforcement Division. Having personally observed that some graffiti implements are not under lock and key as required, Mayor Pro Tem Stone suggested that a letter be sent to all stores carrying such implements in an effort to reacquaint individuals with the City's ordinance; to alert new residents of the City's policy on graffiti removal; and to apprise of the City's reward program to successful prosecution. It was the consensus of the City Council to receive and file the report. 18 Community Service Fundin.q Pro.qram (as requested by Mayor Pro Tem Stone) RECOMMENDATION: 18.1 Consider a $2,500 grant award to the Temecula Valley Historical Society for the restoration of Wolf's Tomb as requested by Mayor Pro Tem Stone. Briefly highlighting the request, Mayor Pro Tem Stone invited Ms. Eve Craig to address the matter, who, by way of pictures, further elaborated on the requested funding, commenting on monies fundraised as well as individuals volunteering their time. Because a balance was retained in the program for such matters, Mayor Pro Tem Stone advised that the funding of this request would not affect next year's Community Service Funding. Councilman Naggar relayed how fortunate the City is to have a Historical Society. MOTION: Mayor Pro Tem Stone moved to approve a $2,500 grant award to the Temecula Valley Historical Society for the restoration of Wolf's Tomb. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. R:\Minutes\121002 10 CITY MANAGER'S REPORT Commending staff on its efforts associated with the Citizen Corps Program and the Graffiti Ordinance, City Manager Nelson advised that, at the request of Councilman Comerchero, the Vehicle License Fee matter would be agendized for the December 17, 2002, City Council meeting and that the TUMF public hearing will be rescheduled for the January 14, 2003, City Council meeting. CITY ATTORNEY'S REPORT City Attorney Thorson advised that there were no reportable actions. ADJOURNMENT At 9:22 P.M., the City Council meeting was formally adjourned to Tuesday, December 17, 2003, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:\Minutes\121002 11 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL DECEMBER 17, 2002 The Open Session convened at 7:04 P.M., on Tuesday, December 17, 2002, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Councilmembers: Comerchero, Naggar, Pratt, Stone Absent: Councilmember: Roberts PRELUDE MUSIC The prelude music was provided by Junior Heritage Ensemble - Helen Miller, Director. INVOCATION The invocation was given by Councilman Naggar. ALLEGIANCE The flag ceremony was presented by Mayor Pro Tern Stone. PUBLIC COMMENTS No comments. CITY COUNCIL REPORTS A. Because of City business, Mayor Pro Tem Stone advised that Mayor Roberts is in New York City and will not be in attendance of this evening's meeting. B. By way of overheads, Councilman Naggar apprised the Council and the public of the North American Aerospace Defense Command website - a website which tracks missile defenses but utilized for tracking Santa Claus on Christmas Eve. Mr. Naggar requested that the Police Department be placed on high alert to ensure Santa Claus has all necessary accommodations as he travels through the City of Temecula. C. Councilman Pratt commented on the need for carpooling. By way of pictures, Mr. Pratt shared with the Council and the public the numerous amenities provided to the community through the Community Services Department and thanked the Department for its efforts. D. Echoing Councilman Pratt's comment as to the various amenities provided by the City, Councilman Comerchero relayed his pride with the City's accomplishment to maintain the small- town atmosphere. R:\Minutes\121702 1 CONSENT CALENDAR I 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 Resolution Approvin.q List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 02-t22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 Financial Statements RECOMMENDATION: 3.1 Receive and file the Financial Statements for the three months ended September 30, 2002. 4 Completion and Acceptance of Construction Contract- Rancho Vista Road Draina.qP, 5 Improvements- Project No. PW02-12 RECOMMENDATION: 4.1 Accept the Rancho Vista Road Drainage Improvements Project - Project No. PW02~I 2 - as complete; 4.2 File a Notice of Completion and release the Performance Bond; 4.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion, if no liens have been filed. Resolution of Support for the current level of Vehicle License Fees (VLF) for Citizens and protection of Local Government Revenues RECOMMENDATION: 5.1 Adopt a resolution entitled: R:~Vlinutes\121702 2 RESOLUTION NO. 02-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE CURRENT LEVEL OF VEHICLE LICENSE FEES (VLF) FOR CITIZENS AND THE PROTECTION OF LOCAL GOVERNMENT REVENUES FROM STATE BUDGET CUTS 6 Award of Contract for City Newsletter RECOMMENDATION: 6.1 Approve a two-year contract with Maurice Printers for publication of the City Newsletter in the amount of $32,654.45. 7 Roripau.qh Fire Station Desi.qn and Deposit Aqreement RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 02-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED DEPOSIT AGREEMENT BETWEEN CITY OF TEMECULA AND ASHBY USA, LLC FOR RORIPAUGH RANCH FIRE STATION DESIGN 7.2 Approve a Professional Services Agreement with STK Architects in the amount of $50,000 for preliminary design work. 8 Purchase of one Fire Aerial Ladder Truck RECOMMENDATION: 8.1 Approve the purchase of a 100' Tractor Drawn Aerial Fire Truck from the currently approved vendor KME, established by the County of Riverside through a Competitive Bid Process for $724,804.08. 9 PA94-0073 (Annexation} - Adoption of Resolution Waivinq the Conductinq Authority Proceedinqs for a 640-acre portion of the Roripau,qh Ranch Specific Plan Area a,~ proposed by Ashby USA, LLC RECOMMENDATION: 9.1 Adopt a resolution entitled: R:~linutes\121702 3 RESOLUTION NO. 02-t25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA WAIVING CONDUCTING AUTHORITY PROCEEDINGS TO REORGANIZE 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 (PLANNING APPLICATION NO. PA94-0075, RORIPAUGH RANCH SPECIFIC PLAN) 10 Second Readinq of Ordinance No. 02-13 (Roripaugh Ranch) RECOMMENDATION: 10.1 Adopt an ordinance entitled: ORDINANCE NO. 02-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, APPROVING PLANNING APPLICATION NO. 94- 0076 (DEVELOPMENT CODE AMENDMENT) AMENDING SECTION t7.16.070 TO INCLUDE RORIPAUGH RANCH SPECIFIC PLAN NO. 11, ADOPTING THE DEVELOPMENT AND ZONING STANDARDS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA, AND PRE- ZONING THE VALLEY NEIGHBORHOOD AS SPECIFIC PLAN ON PARCELS TOTALING APPROXIMATELY 804.7 ACRES LOCATED NEAR THE FUTURE INTERSECTION OF BUTTERFIELD STAGE ROAD AND NICOLAS ROAD, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 957- t30-00t AND 002, 957-340-00t, 003, 007, 008, AND 958-260- 001 AND 0O2. 11 Second Reading of Ordinance No. 02-14 (Roripau,qh Ranch) RECOMMENDATION: 11.1 Adopt an ordinance entitled: R:~Vlinutes\121702 4 ORDINANCE NO. 02-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED DEVELOPMENT AGREEMENT BY AND BETVVEEN THE CITY OF TEMECULA AND ASHBY USA, LLC FOR THE RORIPAUGH RANCH SPECIFIC PLAN, (PLANNING APPLICATION NO. 99-0299) MOTION: Councilman Comerchero moved to approve Consent Calendar Item Nos. 1 - 11. The motion was seconded by Councilman Pratt and voice vote reflected approval with the exception of Mayor Roberts who was absent. At 7:16 P M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. The City Council Meeting resumed at 7:17 P.M. CITY MANAGER'S REPORT City Manager Nelson informed the City Council and the public that a City delegation will be traveling to Sacramento on Thursday, December 19, 2003, for the Temecula Library funding and thanked the community for its expressed support. In closing, Mr. Nelson wished everyone a Happy Holiday Season. CITY ATTORNEY'S REPORT Assistant City Attorney Curley wished everyone a Happy Holiday Season. ADJOURNMENT At 7:20 P.M., the City Council meeting was formally adjourned to Tuesday, January 14, 2003, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:~t4inutes\121702 5 ITEM 3 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $1,192,276.87. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 28th day of January, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:/Resos2003/Resos 03- 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CiTY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 03- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 28th day of January, 2003 by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS:. COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk RJResos2003/Resos 03- 2 CITY OF TEMECULA LIST OF DEMANDS 01/09/03 TOTAL CHECK RUN: 01/16/03 TOTAL CHECK RUN: 01/16/03 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 01/26/03 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 120 DEVELOPMENT IMPACT FUND 165 RDA DEV-LOW/MOD SET ASIDE 190 COMMUNITY SERVICES D~STRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL ~MPROVEMENT PROJ. FUND 280 REDEVELOPMENT AG ENCY-ClP 300 INSURANCE FUND 310 VEHICLES FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILrrlES 100 GENERAL FUND 165 RDA-LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 280 REDEVELOPMENT AG ENCY-CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 34O FAClLrrlES TOTAL BY FUND: iPREPAR~~PECIALIST S~AWI~IELSON', CITy MANAGER $ 262,484.46 648,002.55 281,789.86 1,192,276.87 439,588.62 94,354.79 13,658.44 180,859.07 40,328.63 56,205.46 356.91 71,091.70 5,160.29 16,272.79 2,314.64 16,231.69 6,451.09 7,625.89 203,304.37 4,632.77 46,616.62 108.45 5,007.83 825.77 1,960.61 1,093.19 5,741.81 281,789,86 1,192,276.87 HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. apChkLst Final Check List Page: 1 01/09/2003 10:31:41AM City of Temecula Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 75 12/23/2002 81719 01/09/2003 000444 INSTATAX (EDD) 004148 AT&T 81720 01/09/2003 000745 AT & TWIRELESS SERVICES 01721 01/09/2003 81722 01/09/2003 81723 01/09/2003 81724 01/09/2003 81725 01/09/2003 81726 01/09/2003 81727 01/09/2003 004851 C B RANCH ENTERPRISES 81728 01/09/2003 005063 C E LSOC 81729 01/09/2003 81730 01/09/2003 81731 01/09/2003 81732 01/09/2003 81733 01/09/2003 81734 01/09/2003 Description 4th Qtr UI & ETI' taxes Long distance svcs: P.D. Cellular phone svcs:police 005058 ADAMS, AARON Reimbumement:Library Lobbying Trip 004240 AMERICAN FORENSIC NURSES DUI/Drug/Alcohol Screening svc:Poli 000747 AMERICAN PLANNING ASSOCl Membership:Dennis Chiniaeff 000101 APPLE ONE, INC. Acosta temp help PPE 12/21/02 Kissam temp help PPE 12/28/02 Cole temp help PPE 12/21/02 001561 ARCH WIRELESS Dec-Mar paging/rental svcs 002541 BECKER CONSTRUCTION SRV Replace Pedestrian Barricade Deposit:Flower Field Excursion 04/11/ Pub:Subdivision Map-Act & Index 004451 CA AUTOMATIC FIRE ALARM A Membershipdues:PhilAIbanese 004248 CALIF DEPT OF JUSTICE/ACCT DUI/Drug/Alcohol Screening svc:Poli Credit:five incorrect cases billed 000398 CALIFMUNICIPALTREASURER CMTAInvestmentWrkshp:Boardman 004228 CAMERON WELDING SUPPLY Helium tanks refill:TCSD 000137 CHEVRON U S A INC Fuel expense for city vehicles 005766 DATA BUSINESS SYSTEMS INC QTY 300/1099 MISC FORMS Amount Paid 2,202.65 183.55 265.28 10.29 2,285.00 150.00 1,060.00 897.00 292.50 902.38 1,825.00 120.00 751.59 50.00 1,050.00 -175.00 225.00 25.70 227.44 108.83 Check Total 2,202.65 183.55 265.28 10.29 2,285.00 150.00 2,249.50 902.38 1,825.00 120.00 751.59 50.00 875.00 225.00 25.70 227.44 108.83 Page:l apChkLst Final Check List Page: 2 01/09/2003 10:31:41AM City of 'remecula Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 91735 01/09/2003 001393 DATA TICKET INC (Continued) Description Nov 02 prkg citation processing svcs Oct parking citation processing svcs Nov 02 prkg citation processing svcs Amount Paid 81736 01/09/2003 003511 DELL COMPUTER CORPORATI Lap Top Computer:Police 440.59 283.15 140.00 2,450.25 Check Total 863.74 2,450.25 81737 01/09/2003 005859 DELUNA, WILLIAM Reimb:Legal/liab Issues:12/10-12 773.72 773.72 81738 01/09/2003 002701 DIVERSIFIED RISK Dec 02 special events premiums 732.40 732.40 81739 01/09/2003 81740 01/09/2003 004192 DOWNS COMMERCIAL FUELI 001380 E S I EMPLOYMENT SERVICES Fuel for cit ' vehicles:PW Fuel for cit ~ vehicles:TCSD Fuel for cji ~ vehicles:Land Dev Fuel for cit ~ vehicles:Planning Fuel for cit ~ vehicles:B&S Fuel for cit ~ vehicles:Eng Fuel for cit ~ vehicles:PW Fuel for cit ~ vehicles: PW Cammarota temp help PPE 12/27/02 1,074.43 843.67 441.95 230.15 185.82 67.58 32.71 27.61 653.94 2,903.92 653.94 81741 01/09/2003 002577 ENGINEERING RESOURCES Hydrology Study Svcs-John 6,720.00 6,720.00 81742 01/09/2003 001165 ENTERTAINMENT PUBLICATI Fund raiser forTCSD:Books 736.00 736.00 81743 01/09/2003 81744 01/09/2003 81745 01/09/2003 81746 01/09/2003 001056 EXCEL LANDSCAPE Dec landscape service Dec Idscp mntc:l-15 on & off ramps Nov Idscp impr:Pala Park Nov Idscp impr:Pala Comm Prk Nov Idscp impr:K.Hintergardt prk Nov Idscp impr:Paloma Del Sol @ prk I Nov Idscp impr:Presley/Hwy79 004464 EXXONMOBIL CARD SERVICES Fuel expense for City vehicles 000478 FAST SIGNS Mntc Fac sign:No Visitors beyond 000165 FEDERAL EXPRESS INC Express mail services 94,013.00 2,465.00 375.00 300.00 175.00 150.00 125.20 233.60 60.34 113.15 97,603.20 233.60 60.34 113.15 Page2 apChkLst Page: 3 01/09/2003 10:31:41AM Bank: union UNION BANI( OF CALIFORNIA Check # Date Vendor 81747 01/09/2003 003347 FIRST BANKCARD CENTER Final Check List City of Temecula (Continued) Description xx-9277:Roberts, R.:Conf/Prof Mtgs xx-6165:Yates:Library Bd Mtg/EE Rec¢ xx-7824:Comerchero:Conference xx-0432:Elmo:APMO MbrshpfTeam BI xx-2292:Roberts, G.:Conf/Prof Mtgs xx-1405:Ubnoske:Prof Mtgs/Ofc Suppl xx-1143:Parker:Holiday Lites Judging xx-9798:Stone:Misc Ofc Supplies 81748 01/09/2003 004146 GILLILAND, ROBIN ee computer purchase prgm 81749 01/09/2003 000177 GLENNIES OFFICE PRODUCTS OfficeSupplies:Fire Dept 81750 01/09/2003 000175 GOVERNMENT FINANCE OFFI Membership:P.Brown/G.Roberts/K.Je 81751 01/09/2003 004607 GRACE BUILDING MAINTENAN£ Custodialsvcs forpark restrcoms 81752 01/09/2003 002174 GROUP 1 PRODUCTIONS Citizen Action PatroIVideo Production 81753 01/09/2003 000863 I P M A Membership: Grant Yates 00031681 81754 01/09/2003 003986 KEVIN COZAD & ASSOCIATES I Design svcs:Pala Rd Phase II Sound V Topographics survey:Diaz Rd Re-Alig 81755 01/09/2003 003631 KLEINFELDER INC Gectech svc:OId Twn Mercantile Bldg 81756 01/09/2003 004062 KUSTOM SIGNALS INC HAND HELD RADAR UNITS FOR PO 81757 01/09/2003 81758 01/09/2003 81759 01/09/2003 81760 01/09/2003 81761 01/09/2003 004905 LIEBERT, CASSIDY & WHiTMOR HR legal services HR legal services General HR legal services 004087 LOWE'S Misc hardware supplies:TCSD 003782 MAIN STREET SIGNS 004141 MAINTEX INC 003448 MELODYS AD WORKS Signs/hardware:PW Maint Crews signs/hardware:PW Maint Crews West Wing custodial supplies C.R.C Custodial Supplies City Hall Custodial Supplies var parks custodial supplies Nov/Dec reimburseable expenses Amount Paid Check Total 2,967.60 1,762.12 952.62 601.49 557.44 247.67 141.75 69.58 7,300.27 2,000.00 2,000.00 1,031.08 1,031.08 500.00 500.00 3,827.50 3,827.50 1,000.00 1,000.00 299.00 299.00 8,564.78 3,975.00 12,539.78 1,791.50 1,791.50 7,798.78 7,798.78 4,164.00 1,398.81 360.00 5,922.81 404.22 404.22 2,366.46 91.59 2,458.05 444.77 407.06 317.85 241.79 1,411.47 779.80 779.80 Page3 apChkLst Final Check List Page: 4 01/09/2003 10:31:41AM City of Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 81762 01/09/2003 001905 MEYERS, DAVID WILLIAM 81763 01/09/2003 001384 MINUTEMAN PRESS 81764 01/09/2003 000883 MONTELEONE EXCAVATING Amount Paid Check Total TCSD instructor earnings TCSD instructor earnings stationery supplies for Planning Business Cards for Police Dept Business Cards:J. McBride Business Cards:K. Mclntyre Road Grading:Svc Level "R" Areas 240.00 160.00 996.18 471.14 114.86 42.83 2,100.00 400.00 1,625.01 2,100.00 81765 01/09/2003 005860 NEAL, REGINA D.Zappe retirement;BH/RP:01/16 20.00 20.00 81766 01/09/2003 81767 01/09/2003 002292 OASIS VENDING kitchen/coffee supplies:City Hall coffee/kitchen supplies:West Wing 003964 OFFICE DEPOT BUSINESS SVS Office Supplies:P.D.O.T. Stn 496.87 77.58 491.28 574.45 491.28 81768 01/09/2003 81769 01/09/2003 002105 OLD TOWN TIRE & SERVICE 001619 ORANGE COUNTY REGISTER I City vehicle maintJrepair svcs City vehicle maint/repair svcs Dec:Recruitment Ads;Human Res 38.98 35.11 303.36 74.09 303.36 81770 01/09/2003 002331 PEP BOYS INC tool chest:PW Land Dev vehicle 245.49 245.49 81771 01/09/2003 000249 PE~ ~Y CASH 81772 01/09/2003 004457 R J NOBLE COMPANY Petty cash reimbursement ReL retention:Pala Rd:PW99-11 81773 01/09/2003 000262 RANCHO CALIF WATER DIST 81774 01/09/2003 000947 RANCHO REPROGRAPHICS Various water meters Various water meters Various water meters Various water meters Dupl. blueprints:Pachanga Pkwy 81775 01/09/2003 005809 REAL DEAL, THE entertainment:Dickens Ho1:12/15 81776 01/09/2003 003742 REHAB FINANCIALCORPORATI rehabloan svcs for RDA 1st Time Homebuyer Prgm:Nay, Linda Nov rehab loan svcs for RDA Oct loan collection svcs 61777 01/09/2003 003591 RENES COMMERCIAL MANAGE Citywide R-O-W pre-emergent applica 357.09 41,168.11 8,394.81 682.88 349.16 72.87 540.00 100.00 1,350.00 150.00 56.00 48.00 6,532.50 357.09 41,168.11 9,499.72 540.00 100.00 1,604.00 6,532.50 Page~ apChkLst Final Check List Page: 5 01/09/2003 10:31:41AM City of Temecula Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 81778 01/09/2003 000266 RIGHTWAY 81779 01/09/2003 002226 RUSSO, MARY ANNE 81780 01/09/2003 000403 SHAWN SCOTT POOL& SPA 81781 01/09/2003 000645 SMART & FINAL INC 81782 01/09/2003 000537 SO CALIF EDISON 81783 01/09/2003 81784 01/09/2003 81785 01/09/2003 000519 SOUTH COUNTY PEST CONTR(; 000574 SUPERTONER 000168 TEMECULA FLOWER CORRAL (Continued) Description Amount Paid equipment rental - Riverton Prk equipment rental o Veteran's Prk TCSD instructor earnings T.E.S. pool maint svcs Rec supplies for High Hopes Recreation Supplies:MPSC Rec Supplies:Family Fun Nights Dec 2-02-502-8077 West Wing Jan 2-10-331-2153 TCC Dec 2-19-683-3255 Front St Peal Dec 2-19-683-3263 Front St Ped Dec 2-22-575-0876 O.T. Front St. Dec 2-20-817-9929 Front St Stn Dec 2-20-798-3248 Children Mus. Dec 2-19-538-2262 various mtrs Dec 2-18-528-9980 Santiago Rd Jan 2-23-693-2810 Pala Rd Jan 2-24-077-3069 Pala Rd Jan 2-23-051-9399 Marg. Ped. Pest Control Srvcs: CRC Pest Control Srvcs: TCC HP Printer Supplies HP Printer Supplies sunshinefund 77.94 54.39 525.00 250.60 109.68 96.70 30.39 1,338.42 647.36 595.71 422.65 290.25 247.22 151.27 118.27 53.55 50.23 41.00 15.16 90.00 36.00 103.44 66.27 49.51 Check Total 132.33 525.00 250.60 236.77 3,971.09 126.00 169,71 49.51 81786 01/09/2003 81787 01/09/2003 81788 01/09/2003 81789 01/09/2003 81790 01/09/2003 81791 01/09/2003 000307 TEMECULA TROPHY COMPAN 000306 TEMECULA VALLEY PIPE & SU 000668 TIMMY D PRODUCTIONS INC 004308 TOWNE & COUNTRY AUTO & T 000320 TOWNE CENTER STATIONERS 002065 UNISOURCE TCSD team bldg awards var parks/irrigation supplies sound sys:tree light ceremony:12/5 tow charges: PW vehicle:l 2/27 Office Supplies for CIP Division Office Supplies for CIP Division copy paper supplies:Copy Center 107.32 342.17 250.00 90.00 116.37 22.70 4,913.40 107.32 342.17 250.00 90.00 139.07 4,913.40 Page5 apChkLst 01/09/2003 10:31:41AM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 81792 01/09/2003 004504 VAIL RANCH SELF STORAGE Final Check List City of Temecula (Continued) Description off-site storage for records mgmt 81795 01/09/2003 004142 VISIONS WEST 81796 01/09/2003 005298 VRTSQUARE, LP 81797 01/09/2003 005804 WELLS FARGO BANK 81798 01/09/2003 004550 WEST END UNIFORMS 81793 01/09/2003 000332 VANDORPE CHOU ASSOCIATE ProfsvcsforB&Sdept 81794 01/09/2003 004261 VERIZON CALIFORNIA DEC XXX-5029 GENERAL USAGE DEC XXX-1408 P.D. SATELLITE STN DEC XXX-2626 PD TARGET STOREF DEC XXX-5509 GENERAL USAGE Dec xx~-1473 PD Front St. Stn DEC XXX-0049 GENERAL USAGE DEC XXX-1289 PRATT DEC XXX-2629 NAGGAR asbestos abatement:Pujol St. Refund:plan revision fees 3rd place:E.S.G. Contest:Il/3 Police Un[form Patches (City) 81799 01/09/2003 000339 WEST PUBLISHING COMPANY I Declegal publications 81800 01/09/2003 004268 WESTERN FIRE COMPANY inspect fire suppression systems:C.H. 81801 01/09/2003 003756 WHITE HOUSE SANITATION TCC:pump grease trap Amount Paid 74.00 3,915.00 676,67 360.93 212.31 145.93 85.45 32.58 31.32 31.14 1,050.00 300.00 25.00 1,724.00 821.33 375.00 320.00 Sub total for UNION BANK OF CALIFORNIA: Page: 6 Check Total 74.00 3,915.00 1,576.33 1,050.00 300.00 25.00 1,724.00 821.33 375.00 320.00 262,484.46 Page~ apChkLst Final Check List Page: 1 01116/2003 12:14:01PIVI City of Temecula Check # Bank: union UNION BANK OF CALIFORNIA Date Vendor 76 01/16/2003 000444 INSTATAX (EDD) 77 01/16/2003 78 01/16/2003 61802 01/16/2003 005864 ACEVEDO, GEORGE 81803 01/16/2003 002877 ALTA LOMA CHARTER LINES 81804 01/16/2003 81805 01/16/2003 005772 AMTEK INC 81806 01/16/2003 000101 APPLE ONE, INC. 81807 01/16/2003 81808 01/16/2003 81809 01/16/2003 81810 01/16/2003 81811 01/16/2003 81812 01/16/2003 Description STATE DISABILITY INS: Payment 000283 INSTATAX (IRS) FEDERAL INCOME TAXES: Payment 000246 PERS (EMPLOYEES' RETIREME PERS ER PAID MEMBER CONTR: P Refund: Admin Cite 2211 Excursion bus svc:Getty Museum Tern tour of Homes charter bus 004240 AMERICAN FORENSIC NURSES DUI/Drug/Alcohol Screening svc:Poli DUI/Drug/Alcohol Screening svc:Poli Cell phone accessories:Info Sys Atkinson tamp help PPE 11/23/02 Atkinson temp help PPE 12/14/02 Atkinson temp help PPE 11/09/02 Atkinson temp help PPE 12/07/02 Atkinson temp help PPE 11/15/02 Atkinson tamp help PPE 12/21/02 Atkinson temp help PPE 11/30/02 Cole temp help PPE 12/28/02 003376 ARTS COUNCIL, THE Oct/Nov/Dec Corem Grant Agrmnt 002541 BECKER CONSTRUCTION SRV Citywide sidewalk drain repairs 005810 BENJIES AUTO UPHOLSTERY 003126 BOOMGAARDEN, DENNIS 002099 BUTTERFIELD ENTERPRISES 000901 C P R S DISTRICTXI 81813 01/16/2003 003214 CALMAT Emerg pot hole repairs:29999 Ynez R upholster equip seats:PW vehicles TCSD instructor earnings Jan restroom rental + CAM chrgs CPRS Cf:Prk Oper Tour/Harrington PW patch truck materials Amount Paid 12,093.00 53,339.16 46,251.65 150.00 549.37 320.80 256.00 144.00 73.49 442.00 442.00 409.50 377.00 338.00 312.00 273.00 208.00 10,000.00 5,065.00 1,132.90 745.00 377.60 1,652.00 50.00 1,895.71 Check Total 12,093.00 53,339.16 46,251.65 150.00 870.17 400.00 73.49 2,801.50 10,000.00 6,197.90 745.00 377.60 1,652.00 50.00 1,895.71 Page:l apChkLst Final Check List Page: 2 01/16/2003 12:14:01PM City of Temecula Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 81814 01/16/2003 81815 01/16/2003 81816 01/16/2003 000128 CAL SURANCE ASSOCIATES (Continued) Description Amount Paid Check Total 000413 CALIF DEPT OF FISH & GAME Mobile Equip insurance policy Bond insurance:Gary Thomhill Bond insurance:Shawn Nelson Application fee:R.C.Bridge Widening 000152 CALiF PARKS & RECREATION S CPRS Annual Cf:3/19-22/03 CPRS Annual Cf:3/19-22/03 CPRS Annual Cf:3/19-22/03 CPRS Annual Cf:3/19-22/03 CPRS Annual Cf:3/19-22/03 CPRS Annual Cf:3/19-22/03 CPRS Annual Cf:3/19-22/03 CPRS Annual Cf:3/19-22/03 81817 01/16/2003 001183 CALIFREGIONALWATERQUAL Application fee:R.C.Bridge Widening 81818 01/16/2003 004971 CANON FINANCIAL SERVICES, I Nov/Deccopierlease-FireStn73 Jan copier lease-Fire Stn 73 81819 01/16/2003 004093 CARDIO CARE PLUS TCSDinstructoreamings 81820 01/16/2003 000387 CAREER TRACK SEMINARS MS Microsoft Office:2/ll:Novotny 81821 01/16/2003 002534 CATERERS CAFE 81822 01/18/2003 000137 CHEVRON U S A INC 81823 01/16/2003 004405 COMMUNITY HEALTH CHARI 81824 01/16/2003 001193 COMP U S A INC 81825 01/16/2003 000442 COMPUTER ALERT SYSTEMS Refreshments:Mtg w/Inland Vly Terrac Fuel expense for city vehicles COMMUNITY HEALTH CHARITIES: P Computer supplies:info Sys security alarm repairs:City Hall 81826 01/16/2003 002945 CONSOLIDATED ELECTRICAL C Electrical supplies:TCSD parks 81827 01/16/2003 005865 DAVIES, THOMAS Refund: Permit PA02-0403 81828 01/16/2003 004192 DOWNS COMMERCIAL FUELI Fuelforcityvehicles:CityVan 1,559.00 350.00 350.00 2,259.00 1,390.50 1,390.50 467.00 317.00 317.00 317.00 317.00 317.00 249.00 68.00 2,369.00 2,250.00 2,250.00 299.54 149.77 449.31 192.00 192.00 59.00 59.00 19.62 19.62 253.14 253.14 198.50 198.50 231.59 231.59 65.00 65.00 39.61 39.61 190.00 190.00 40.00 40.00 Page2 apChkLst Final Check List Page: 3 01/16/2003 12:14:01PM City of Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 81829 01/16/2003 001380 E S I EMPLOYMENT SERVICES 81830 01/16/2003 002390 EASTERN MUNICIPAL WATER E Description Amount Paid McCoy temp help PPE 12/27/02 TEMP HELP - OFC ASST & BLDG IN McClanahan/Ching temp help PPE 12 Rosales temp help PPE 12/27/02 Obmann temp help PPE 12/27/02 Bragg temp help PPE 12/27/02 Rosa temp help PPE 12/27/02 Montecino temp help PPE 12/27/02 TEMP HELP - OFC ASST & BLDG IN Martinez temp help PPE 12/27/02 Kanigowski temp help PPE 12/27/02 TEMP HELP - OFC ASST & BLDG IN Engineer prjt drawing request 2,685.78 2,498.87 2,452.96 1,724.20 1,508.55 1,247.40 1,122.72 1,109.60 1,108.97 1,019.04 846.24 316.27 6.29 Check Total 17,637.60 6.29 81831 01/16/2003 005251 EQUIPMENT REPAIR SERVICE Mobile Equip & Truck Repair Svcs:PW 381.52 381.52 81832 01/16/2003 001056 EXCEL LANDSCAPE 81833 01/16/2003 000165 FEDERAL EXPRESS INC 81834 01/16/2003 000166 FIRST AMERICAN TITLE COMP,~ 81835 01/16/2003 001135 FIRST CARE INDUSTRIAL MED ( Nov Idscp impr:Rancho Calif Channel Dec Idscp mntc:l-15 on/off ramps Sept Idscp impr:Duck Pond Sept Idscp impr: Vintage Hills Nov Idscp impr:Ridgeview Sept Idscp impr:Duck Pond Nov Idscp impr:Del Rey Prk Oct Idscp impr:Sports Park Sept Idscp impr:Rancho Vista Rd Aug Idscp impr:Sports Park Aug Idscp impr:Sports Park Aug Idscp impr: Sports Park July Idscp impr:Sam Hicks Nov Idscp impr:Rancho Calif Road Aug Idscp impr:Sports Park Nov Idscp impr:Temeku Hills Prk Sept Idscp impr:Sports Park Express mail services Express mail services Lot book rept:Abalos Lot Book rept:Bevell Lot Book rept: Coyle Pre-employment physicals 6,277.90 2,465.00 2,275.00 1,750.00 765.00 550.00 250.00 235.96 211.50 202.93 168.75 157.21 105.60 100.00 79.18 60.00 32.66 93.34 53.96 150.00 150.00 150.00 170.00 15,686.69 147.30 450.00 170.00 81836 01/16/2003 000170 FRANKLIN QUEST COMPANY I Day timer supplies - TCSD Day timer supplies - TCSD 39.82 ~,~ 74.26 Page3 apChkLst Final Check List Page: 4 01/16/2003 12:14:01PM City of Temecula Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 81837 01/16/2003 005405 GILLILAND, ROSIN 81838 01/18/2003 81839 01/16/2003 81840 01/16/2003 81841 01/16/2003 81842 01/16/2003 81843 01/16/2003 (Continued) Description Reimb:kidz choice prizes Amount Paid 000177 GLENNIES OFFICE PRODUCTS Office Supplies:Fire Dept Office Supplies: Finance Office Supplies:City Clerk Office Supplies: Bldg & Safety Office Supplies:City Manager Office Supplies: HR 68.90 000711 GRAPHICS UNLIMITED LITHOG 003640 GRAYNER ENGINEERING Printing: winter/spring recreation 813.74 489.99 257.19 183.77 181.16 172.69 21,246.22 005866 GRIFFIN, GREGORY & SHELLA Retro-Fit Old Twn Mercantile BIdg Design svcs:Children's Museum Eng Refund: 950-050-003 APN 172.50 86.25 995.00 005748 HODSON, CHERYL A. OVERTIME GARNISHMENT: Payme 11.02 6,266.14 204.00 17,600.00 25.00 3,800.00 000194 I C M A RETIREMENT TRUST 45 ICMA RETIREMENT: Payment 81844 01/16/2003 005874 I E BIKES 81845 01/16/2003 004833 IMPERIAL PAVING COMPANY I 81846 01/16/2003 001377 INLAND EMPIRE MANAGERS A~c IEMA 2003 Membership dues 81847 01/16/2003 001517 INTEGRATED INSIGHTS DBA: H Team Devel Activities for Planning Bicycles for police rodeo R & R AC due to pine tree root damag 81848 01/16/2003 003266 IRON MOUNTAIN OFFSITE 81849 01/16/2003 003280 JON LASKIN BAND 81850 01/16/2003 81851 01/16/2003 81852 01/16/2003 81853 01/16/2003 003046 K F R O G 95.1 FM RADIO 000820 K R W & ASSOCIATES 001282 KNORR SYSTEMS INC Records mgmt microfilm storage unit 12/13 Entertainment:Old Town 11/03 Entertainment:Old Town Advertising for Dickens Holiday Prof Eng Plan Check Svcs Aquatic - Pool Mntc supplies 000586 LEXISNEXIS MAttHEW BENDE Supplement covering/ordinances 270.00 150.00 100.00 295.00 2,760.00 425.98 3,405.00 Check Total 68.90 2,098.54 21,246.22 258.75 995.00 11.02 6,266.14 204.00 17,600.00 25.00 3,800.00 270.00 250.00 295.00 2,760.00 425.98 3,405.00 Page~ apChkLst Final Check List Page: 5 01/16/2803 12:14:01PM City of Temecula Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 81854 01/16/2003 003726 LIFE ASSIST INC 81855 01/16/2003 81856 01/16/2003 81857 01/16/2003 81858 01/16/2003 81859 01/16/2003 81860 01/16/2003 81861 01/16/2003 81862 01/16/2003 81863 01/16/2003 81864 01/16/2003 81865 01/16/2003 81866 01/16/2003 81867 01/16/2003 81868 01/16/2003 81869 01/16/2003 81870 01/16/2003 81871 01/16/2003 (Continued) Description Paramedic squad supplies:Fire 004013 M & M REFRIG., HEATING & A/C emerg repairs/fraezer @ Fire Stn 84 005871 MACO PRODUCTIONS INC Reimb:Fac Impr Prgrn:Hornes Magazi 004929 MARK FISHER COMPANY, THE Ad:LATimesTravelShow:2/1-2 004927 MINNESANG PEST SPECIALI Weed Spraying Citywide R-O-W 005875 MS TEMECULA II, LLC re[mb agrmnt:Dendy Pkwy 004522 MULLIGANS FAMILY FUN CENT team building for B&S dept:Jan 005872 MUNICIPAL INFO SYS ASSN OF M.LS.A.C. Cf:T.Thorson:10/27-29 001065 NATIONWIDE RETIREMENT SO NATIONWIDE RETIREMENT: Payme 005731 NORTH COUNTY DOOR Res Imp Prgm: Noble, Jeffrey 002139 NORTH COUNTY TIMES- ATTN: Dec:DisplayAds:CIPConstruction Dec:Advertising for Holiday Events 003964 OFFICE DEPOT BUSINESS SVS officesupplies:P.D, main stn 002105 OLD TOWN TIRE & SERVICE City vehicle maint/repair svcs City vehicle maint/repair svcs City vehicle rnaint/repair svcs 004852 PACIFIC PROFILES GROUP Consult svcs:Dec staff training mtgs 004520 PAINT CONNECTtON, THE Res Imp Prgm: DeRose, Judy Res imprv prgm: DeRose, Judy 003218 PELA Nov/Dec plan ck svcs:Planning Nov/Dec plan check svcs:TCSD 001958 PERS LONG TERM CARE PROG PERS LONG TERM CARE: Payment 000580 PHOTOWORKSOFTEMECULA Photo Developing for CIP ~)iv Amount Paid Check Total 72.93 72.93 312.50 312.50 190.00 190.00 280.00 280.00 11,031.75 11,031.75 144,726.48 144,726.48 393.00 393.00 150.00 150.00 17,059.67 17,059.67 1,600.00 1,600.00 825.18 386.84 1,212.02 2.86 2.86 256.97 77.98 77.98 412.93 1,400.00 1,400.00 1,650.00 250.00 1,900.00 10,830.00 1,750.00 12,380.00 227.08 227.08 71.87 71.87 Page5 apChkLst Final Check List Page: 6 01/16/2003 12:14:61PM City of Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 81872 01/16/2003 005870 POLlS&ASSOCIATES 81873 01/16/2093 000254 PRESS ENTERPRISE COMPAN 81874 01/16/2003 005075 PRUDENTIAL OVERALL SUPPL Amount Paid Check Total release claims agreement pmt Dec:Display Ads:CIP Constrution:PW Dec:Adv. Public Notices:Planning Dec:Legal Notice Advertising:CClk var City fac fir mat/towel rental Credit:Incorrectly billed 81881 01/16/2003 81882 01/16/2003 81883 01/16/2003 81884 01/16/2003 81885 01/16/2003 81875 01/16/2003 005067 PURSUIT TECHNOLOGY INC Brackets for equip:Fire Prev veh 1-41 81876 01/16/2003 004529 QUAID TEMECULA HARLEY-DA Refund:Eng Deposit 81877 01/16/2003 000262 RANCHO CALIF WATER DIST Vadous water meters Dec 01-08-00035-0 Hwy 79S 81878 01/16/2003 000947 RANCHO REPROGRAPHICS dupL blueprints:P.P, soundwail 81879 01/16/2003 000266 RIGNTWAY equipment rental -Paseo Pk 81880 01/16/2003 000418 RIVERSIDE CO CLERK & RECOF Dec Aperture card duplicates 002940 RIVERSIDE CO OF (GIS SYSTE GIS annual data license agrmnt 000271 ROBERT BEIN WM FROST & A Feasibility st udy:l- 15/79S/Santiago 003544 ROBERT SHEA PERDUE REAL E Appraisal svcs:Diaz Realignment 001624 ROBERTS, GENIE 000873 ROBERTS, RONALD H. 000815 ROWLEY, CATHY 004620 SAN DIEGO, COUNTY OF 000645 SMART & FINAL INC 81886 01/16/2003 81887 01/16/2003 81888 01/16/2003 Rb:Financial Mgmt 0f:12/11-13 Rb:Mayors/Councilmen mtg:l/2-3 Reimb:SCAG/BIA-Met rolink Mtg:3/6-8 reimb:Nat'l Energy Cf:l 1/17-19 Credit:air fare:J. Roberts:7/24/02 TCSD Instructor Earnings TCSD Instructor Earnings CHILD SUPPORT/ARREARS: Paymer Rec Supplies - Teen Program SUPPLIES FOR ELECTRIC LIGHT P 12,736.84 12,736.84 3,239.15 129.00 111.81 3,479.96 1,051.91 -17.50 1,034.41 2,069.15 2,069.15 995.00 995.00 3,034.03 470.65 3,504.68 524.25 524.25 60.78 60.78 11.95 11.95 5,000.00 5,000.00 1,600.00 1,600.00 900.00 900.00 61.64 61.64 51.00 22.80 9.00 -12.50 70.30 384.00 256,00 640.00 107.00 107.00 62.91 30.96 93.87 Pages apChkLst Final Check List Page: 7 01/16/2003 12:14:01PM City of Temecula Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 81889 01/16/2003 000537 SO CALIF EDISON 81890 01/18/2003 81891 01/16/2003 81892 01/16/2003 81893 01/16/2003 81894 01/16/2003 81895 01/16/2003 81896 01/16/2003 81897 01/16/2003 (Continued) Description Amount Paid 001212 SO CAL~F GAS COMPANY Jan 2-01-202-7330 various mtm Jan 2-01~202-7603 various mtrs Dec 2-00-397-5059 various mtrs Jan 2-00-987-0775 various mtrs Jan 2~02-351-5281 CRC Jan 2-05-791-8807 various mtrs Jan 2-06-105-0654 various mtm Jan 2-22-417-8772 Rancho Vista Jan 2-10-331-1353 Stn 84 Jan 2-23-548-1975 various mtrs Jan 095-167-7907-2 Stn 84 000519 SOUTH COUNTY PEST CONTR£ Fire Stn 92 pest control svcs 004306 STENO SOLUTIONS Dec transcription svcs:Police dept. 001546 STRAIGHT LINE GLASS INC Res impr prgm: Coyle, Scott 000574 SUPERTONER HP Printer Supplies 003673 TECH 101 ARCUS INC DVD-RW 4x:lnfo Systems 005876 TEMECULAPARTNERS refund:DIF - Westside Bus. Pk 004541 TEMECULA RADIATOR/AUTO R 81898 01/16/2003 003598 TEMECULA VINTAGE SINGERS TCSD 9218 vehicle smog check TCSD 4278 vehicle smog check Refund:Sec. Dep:l 1/09/02 81899 01/15/2003 000668 TIMMY D PRODUCTIONS INC 81900 01/16/2003 003858 TOM RONEY ROOFING 81901 01/16/2003 81902 01/16/2003 81903 01/16/2003 005867 TORTOMASI, MARK M. 005592 TWINING LABORATORIES 000389 U S C M WEST (OBRA) Enter~inmnet:High Hopes:12/06 Res Imp Prgm: Waters, D. & J. Refund:Eng Dep:3883 tractAot 98 Inspect/testing:Memantile Bldg OSRA - PROJECT RETIREMENT: P 35,311.85 13,863.42 7,597.45 4,988.61 4,943.55 3,968.65 2,884.81 1,814.69 1,061.88 16.66 253.16 42.00 2,568.48 575.56 798.43 444.00 54,354.79 68.25 68.25 100.00 250.00 4,995.00 995.00 1,372.80 1,678.38 Check Total 76,451.57 253.16 42.00 2,568.48 575.56 798.43 444.00 54,354.79 136.50 100.00 250.00 4,995.00 995.00 1,372.80 1,678.38 Page~ apChkLst 01/16/2003 12:14:01PM Bank: union UNION BANK OF CALIFORNIA Check# Date 81904 01/16/2003 81905 01/16/2003 81906 01/16/2003 81907 01/16/2003 81908 01/16/2003 81909 01/16/2003 81910 01/16/2003 81911 01/16/2003 81912 01/16/2003 81913 01/16/2003 81914 01/16/2003 81915 01/16/2003 81916 01/16/2003 002702 U S POSTAL SERVICE 004981 UNISOURCE SCREENING & 004846 UNITED GREEN MARK INC 000325 UNITED WAY 000332 VANDORPE CHOU ASSOCIATE Final Check List City of Temecula (Continued) Vendor Description 004435 U S CONFERENCE OF MAYORS 2003 mbrshp dues:J. Stone 3,968.00 Dec postage meter deposit 2,893.93 recruitment background checks 221.00 maint equip for TCSD 697.21 misc supplies for TCSD Maint 27.51 UNITED WAY CHARITIES: Payment 255.30 Application dev for B&S dept 5,760.00 Oct plan check svcs:B&S dept 5,547.74 PERMITS PLUS SCREEN & REPOR 4,455.00 Nov plan check svcs:B&S dept 4,136.06 Dec plan check svcs:B&S dept 1,279.56 PERMITS PLUS SCREEN & REPOR 180.00 004261 VERIZON CALIFORNIA Dec various phone svcs 211.59 004279 VERIZON CALIFORNIA INC. Dec access-CRC phone line 343.30 Dec access-RVSD Co phone line 268.20 004789 VERIZON INTERNET SOLUTION Intamet connection svcs:7411 69.95 phone svcs/EOC backup @ stn 84 69.95 005868 WILLIAMS, RICHARD Refund:Eng Dep:Tr 3552 Lot 24 995.00 004829 WILSON GROUP LLC, THE Jan state lobbyist/consult svcs 3,500.00 005125 WINDSHIELD PROS MS 84- windshield replacement 258.00 005869 YMCAOF RIVERSIDE Refund:Sec. Dep:8/28/02 100.00 Sub total for UNION BANK OF CALIFORNIA: Amount Paid Page: 8 Check Total 3,968.00 2,893.93 221.00 724.72 255.30 21,358.36 211.59 611.50 139.90 995.00 3,500.00 258.00 100.00 648,002.55 Page~ apChkLst Final Check List Page: 9 01116/2003 12:14:01PM City of Temecula 118 checks in this report. Grand Total All Checks: 648,002.55 Page9 ITEM 4 APPROVAL CITY A'I-rORNEY DIRECTOR OF FINAN.~ CITY MANAGER (....~ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council James O'Grady, Assistant City Manager~,l,-¢'~'~ U January 28, 2003 Approve Sponsorship Request for the Temecula Valley Balloon & Wine Festival Association Prepared by: Gloria Wolnick, Marketing Coordinator RECOMMENDATION: That the City Council approve the event sponsorship agreement with the Temecula Valley Balloon & Wine Festival Association in the amount of $35,000 and authorize the Mayor to execute the agreement. In addition, The Festival requests that the City will provide temporary logistical support of traffic control signs and devices to assist with public safety during the Festival. BACKGROUND: Staff has received the annual sponsorship request for the 2003 Temecula Valley Balloon & Wine Festival. On Tuesday, June 11, 2002, the City Council approved funding for this event as part of the City's FY 2002-03 Operating Budget. The Economic Development Sub-committee, Mayor Ron Roberts and Councilmember Jeff Comerchero, and Staff met with representatives from the Temecula Valley Balloon & Wine Festival Association (TVBWA) to discuss their funding on Monday, April 8th. At that time the TVBW^ made a presentation and provided additional information to the Sub-committee members. The Sub-committee funding recommendations for the TVBWA contains the same level as last year's funding. The City of Temecula as well as tourism/economic development programs hosts a wide array of special events year-round, all adding to its rich quality of life. The Balloon & Wine Festival has proven to be very effective in getting exposure for Temecula both on a local and national level. The event increases tourism revenue for the City's restaurants, hotels, shopping centers and wineries. Due to the fact that the Festival promotes tourism in Temecula, funding would come from the Economic Development Department budget within the City's General Fund. There will be no commissions paid to any party for the City of Temecula's sponsorships. Temecula Valley Balloon & Wine Festival Since 1983, the Balloon & Wine Festival has been a community tradition in the Temecula Valley region. The 2003 Temecula Valley Balloon & Wine Festival will be celebrating its 20-year anniversary at Lake Skinner. The Festival will be held June 6 - 8, 2003. The 2002 Festival drew approximately 37,000 spectators for the three-day event. A random sampling of 528 guests was taken at the gates, and by the Temecula Valley Chamber of Commerce. The Festival conducted a survey of 528 guests, mostly female. The results indicated that the 47% of attendees were from Riverside County (35% from Temecula), following with 29% from Los Angeles County. People in the age group 35 - 45 accounted for 26% and under age 18 accounted for 25%. The income level of $36,000 - $45,000 was the highest with 19%, followed by $66,000 - $80,000 with 18%. A copy of the survey can be found in Attachment B. 2002 Publicity Pm.qram The 2002 media outreach included rack cards, print, radio, television, internet, cable and cross- promotional partnerships. Newspaper coverage consisted of The Press-Enterprise, The Californian, San Diego Union- Tribune, North County Times, San Bernardino Sun, Old California Gazette and the Escondido News Reporter. Magazine coverage included Inland Empire Magazine, Westways, Preferred Destinations and RV Journal. The Festival had 1.7 million impressions through magazine and newspaper publicity. In the months of May and June, out-of-area pdnt advertising included The San Diego Union- Tribune and local advertising consisted of The Press-Enterprise and The Californian. A sampling of radio advertising and coverage included KFI, KEARTH, KFRG, KOLA, ARROW, KABC and KOST. Major television networks ABC and NBC and television station KTLA covered the event. Cross cable channel promotions were also conducted. Pdnted materials produced by the Festival included rack cards, flyers and posters. Festival newsletters were produced and were distributed to members/businesses of the Temecula Valley Chamber of Commerce. Media events and previews were scheduled pdor to the 2002 Festival. 2003 Temecula Valley Balloon & Wine Festival The 2003 Temecula Valley Balloon & Wine Festival event will maintain the same format as the 2002 Festival. The Community Night will be held on Friday, June 6th and will kick-off the Festival with local entertainment and a balloon glow. The Festival will offer a commercial court, food court, arts & crafts area, children's fair, hot air balloons, wine tasting and live entertainment. The 2003 marketing/advertising campaign will be comparable to the 2002 campaign. A potential promotional partnership with Vons or Albertson's will be developed. This promotion will include in store banners, signs and aisle displays in 240 stores in Southern California, from Santa Barbara to San Diego. There will also be company tie-ins. These affiliations will promote Temecula through in-store displays, advertising and other methods of promotion. A media distribution list of more than 350 print and broadcast representatives will be receiving a continuing flow of press materials and personal follow-up between now and the Festival date. Selected media representatives will be invited to Temecula on an individual basis for media preview days of Temecula. Riverside, San Diego and Los Angeles morning television shows and interview programs are being contacted about scheduling on-site programs and event news coverage. Radio stations throughout Los Angeles, Orange, Riverside and San Diego counties will be contacted for interview and promotional opportunities. FISCAL IMPACT: Adequate funds have been included in the FY 2002-03 Operating Budget (Economic Development line item, account #001-111-999-5266) for the recommended sponsorship amount of $35,000. In addition, the logistical support costs is estimated at $750, and funds are available in the Public Works Budget. ATTACHMENTS: Attachment A - Sponsorship Package Attachment B - 2002 Festival Media/Promotions Recap & Visitor Survey Attachment C - 2003 Marketing Plan and Budget Attachment D - 2002 Budget and Financial Statements Attachment E - Sponsorship Agreement TEMECULA VALLEY BALLOON & WINE FESTIVAL ATTACHMENT A - SPONSORSHIP PACKAGE ~VAL 2003 Premier Sponsor $35,000 (Only one Premier Sponsorship available) 1. Identification as Premier Sponsor in all Festival materials 2. Exclusivity in Premier Sponsor's field 3. Full page, color ad in Festival program 4. Inclusion of logo in all Festival print advertising 5. Announcements in all Festival paid radio and newspaper advertising 6. Sponsor representative interviewed on projected radio remote broadcast 7. Right to use Festival logo on Premier Sponsor's materials (with Festival advance approval) 8. Representative introduced from stage and invited to speak several times during Festival 9. Four signs or banners on-site at event (Sponsor to provide) 10. Separate display tent in high-traffic area 11. Access to ViP Hospitality Tent for twenty guests 12. Linking of Premier sponsor's web site to Festival site 13. Recognized in Festival newsletter 14. Recognized in at least ten Festival news releases to general media 15. Sponsor's logo on table tents displayed in participating area restaurants and other retail establishments 16. Sponsor's name in Festival brochure 17. Forty adult Festival tickets 18. Twenty parking passes 19. Invitation to Sponsor Appreciation Dinner for twelve people 20. Thirty sets of Official Festival souvenir merchandise TEMECULA VALLEY BALLOON & WINE FESTIVAL ATTACHMENT B- 2002 FESTIVAL MEDIA/PROMOTIONS RECAP & VISITOR SURVEY Public Relations Marketing Promotions 21705 Como Street )Wtldomar, CA 92595 Phone: (909) 556-1721 lh~ (909) 678-5467 Me.~age: (909) 678-1456 E-Marl: Melsads@aol.com Website: Temeculacolifomia.com TEMECULAVALLEY BALLOON ANDWINE FESTIVAL 2002 2002 PRINT MEDIA COVERAGE Over 130 publications throughout Southern California were targeted. Major metro newspapers and monthly publications received media kits that included CDs of press releases and photos, hard copies of press releases and contact sheets of photos. Weekly newspapers and monthly publications were also targeted with monthly news releases, media kits and entertainment photos. The results: NEWSPAPERS LOCAL: PRESS-ENTERPRISE Circulation 164,603 daily 171,833 Sunday The Press-Enterprise began coverage of the 2002 Festival November 25, 2001, and continued monthly coverage through June 19, 2002. Run dates of articles included: 1 I]25/01, 2/13/02, 3/6/02, 3/7/02, 4/2]/02, 5/5/02, 5/16/02, 5/25/02, 6/6/02, 6//7/02, 6/8/02, 6/9/202, 6/10/026/I 1 ~02, 6/14/02, 6/17/02, 6/19/02 THE CALIFORNIAN Circulation 14,798 Coverage began 12/28/01 and continued monthly through June 1 I. Run dates of articles included: 12/28/01, I/3/02, 2/5/02, 2/8/02, 2/20/02, 3/8/02, 3/9/02, 4/6/02, 5/17/02, 5/18/02, 0/2/02, 0/4/02, 6/6/02, 6/7/02, 6/8/02, 6/9/02, 6/I 1/02 SAN DIEGO UNION-TRIBUNE Circulation 276,603 Coverage began 5/12/02 and continued through 0/7/02. Run dates of articles included: 5/12/02, 6/2/02, 6/7/02 plus their intemet site banners and feature page from 5/12/02 to 6/9/02. NORTH COUNTY TIMES Circulation 253,732 Coverage began 0/2/02 and continued through 6/9/02. Run dates of articles included: 6/2/02, 6/6/02 and 6/7/02. Page I of 5 Public Relations Marketing Promotions TELEVISION COVERAGE · RCSB CABLE TV- Interview · KABC - Channel 7 Los Angeles - Morning, Afternoon, Evening News June 7, 8 AND 9 · ABC TV - National - Albuquerque, Los Angeles and San Diego RADIO INTERVIEWS/LIVE BROADCASTS n KFMB TALK TRAVEL - Sunday, June 2nd n KOGO FM RADIO KOGO AM RADIO - 6/7/02 [] KFI 640 AM Jeff Levy Show Live Remote Broadcast from Festival 6/8/02 u KOLA 99.9FM Live Remote Broadcast from Festival 6/8/02 CABLE ADVERTISING ADLEPHIA Cross channel promotions included Beverly Hills, San Fernando Valley, Hermosa and Manhattan Beach, Ventura, Thousand Oaks, Arcadia, Temecula, Hemet, Chino, Diamond Bar, Anaheim, Break, Yorba Linda and South Orange County May 27June 7 217 spots, 2002 ATTENDANCE COUNTY PROFILE COUNTY PERCENT LOS ANGELES 16.6% ORANGE 14.9% RIVERSIDE 40.6% SAN BERNARDINO 4.4% SAN DIEGO 16.3% DESERT .3% OTHER 6.8% 21705 Como Street Wtldomar, CA 92595 Phone: (909) 556-1721 Run (909) 678-5467 Message: (909) 6'/8-1456 g-Matl: Melsads@aol.eom Webslte: Temeeulacalffomia.com 2001 COUNTY PROFILE Los Angeles County 29% Orange County 8% Riverside County 47% San Diego County 13% San Bernardino County 3% Page 5 of 5 Public Relations RADIO ADVERTISING: VIEDIA Audience RUN DATES DESCRIPTION ~,RROW 505700 6/3/-6/7102 Commemials /,ABC 600600 5/27-6/2 Commemials 4EARTH 825800 6/3-6/7/02 Commercials 4OST 6/3-6/7/02 Morning Show Mentions 4FI Radio 10'!8100 5/27,5/28, 6/3-6/7 Commercials 5/27-6/7 and 6/8 Harrahs Package/Remote 4FROG 171400 5122-5126-6/7 Commercials KGB 190800 5/22-6/7 Commercials KGGI 81300 6/3-6/7 PSAS KLOS 492200 5/27-6/2 Commercials KOGO 336700 6/3-6/7 Commercials KOOL 190800 6/3-6/7 ricket Giveaways 20 mentions KOLA 137600 5/27-6/7 Commercials & giveaways KVVRP 5/27-6/7 30 Ticket Giveaways EZ 103.1 6/3-6/7 30 Ticket Giveaways Marketing Promotions FREQUENCY STATION SAT SUN MON TUES WED THU FRI KLOS 6 5 2 5 5 5 5 KFI 2 5 6 6 6 6 6 KFI RINCON 5 4 3 3 3 3 3 KEARTH 7 8 6 5 4 KCBSARROW 3 3 3 3 3 KABC 16 6 L.A. TOTAL 29 20 21 25 23 22 21 INLAND EMPIRE KOLA (2 weeks) 5 5 9 9 9 9 20 KFROG (1 week) 10 10 9' ' 9 9 9 9 FROGGY (2 weeks) 10 10 11 11 11 12 12 KOGO (2 weeks) 6 6 11 11 10 12 12 KGBB (2 weeks) 6 6 5 6 6 Inland Empire total 31 31 46 46 44 48 59 21705 Como Street iWildomar, CA 92595 Phone: (909) 556-1721 Fa~ (909) 678-5467 Message: (909) 678-1456 E-Marl: Melsads@aol.com Webs~te: Temeculacalifomla.com SAN DIEGO KGB (2 weeks) 2 2 2 2 2 2 2 KOGO ( 2 weeks) 7 7 7 7 7 7 7 KOOL (2 weeks) 2 2 2 2 2 2 2 AIRWATCH 2 1 1 1 1 2 San Diego Total 13 11 12 12 12 12 13 Page 4 of 5 TEMECULA VALLEY BALLOON AND WINE FESTIVAL PRINT ADVERTISING SCHEDULE CALIFORNIAN: (ALL PREVIEW FULL CIRCULATION) SUNDAY, MAY 19 THURSDAY, MAY 23 SUNDAY, MAY 26 SATURDAY, JUNE 1 SUNDAY, JUNE 2 TUESDAY, JUNE 4 THURSDAY, JUNE 6 FRIDAY, JUNE 7 SATURDAY, JUNE 8 3X10 3X10 3X10 3X10 3X10 3X10 (NO PREVIEW) 3X 10 PREVIEW 3X10 PREVIEW 3X10 (NO PREVIEW) l,-) Public Relations Marketing Promotions PRESS-ENTERPRISE: FULL CIRCULATION FRIDAY, MAY 24, 2002 SUNDAY, MAY 26, 2002 WEDNESDAY, MAY 29, 2002 FRIDAY, MAY 31, 2002 SUNDAY, JUNE 2, 2002 WEDNESDAY, JUNE 5, 2002 FRIDAY, JUNE 7, 2002 3X8 GUIDE 3X8 FULL CIRC 3X8 3X12 GUIDE 3X8 3X8 FULL CIRC 3X8 GUIDE SAN DIEGO UNION-TRIBUNE: SUNDAY, MAY 12, 2002 2X5 Passport Insert SUNDAY, MAY 12 begin Intemet THURSDAY, JUNE 6, 2x5 Night and Day THURSDAY, JUNE 6, Banner Front Page Intemet 21705 Como Street )Wtldormar, CA 92595 · ' Phone: (909) 556-1721 gur~ (909) 678-5467 Message: (909) 678-1456 E-Mall: Melsads~aol.com Webstte: ~emeeulacallfomla.com Page 3 of 5 Public Relations Marketing Promotions ADDITIONAL NEWSPAPER COVERAGE: Anza Valley Outlook Lake Elsinore Valley Sun Tribune Victor Valley Daily Press Desert Sun Inland Valley Daily Bulletin San Bernardino Sun Neighbors Rancho News The Valley News Old California Gazette Los Angeles Times The Valley Business Journal Escondido News Reporter Desert Post Weekly '1,500 10,691 26,056 55,000 100,000 100,220 17,000 13,334 6,000 100,000 1,164,348 12,000 2,500 60,000 Total newspaper impressions 1,668,649 MAGAZINE COVERAGE: RV Journal Inland Empire Magazine Inland Empire Family Magazine Wes~ays Magazine Preferred Destinations (Orange County Hotel Room Publication) Where Magazine Orange County 2~705 Como Street ~Wtldomar, CA 92595 Phone: (909) 556-1721 Pa~ (909) 678-5467 Message: (909) 678-1456 E-Mall: Melsads@aol.com Webstte: Temeculacallforata.com Page 2 of $ CO SW Los Angeles County 29% Orange County 8% Riverside County 47% San Diego County 13% San Bemardino County 3% ! $ I OZ C O'U 'TtY /Cl ClT ANZA/AGUANGA 1% CORONA NORCO 9% LAKE ELSINORE 10% MENIFEE/SUN CITY 16% MORE'NO VALLEY 4% MURRiETA 11% RIVERSIDE 13% SAN JACINTO 1% TEMECULA 35% Under 18 25% Age 18-25 5% Age 26-35 14% Age 36-45 26% Age 46-55 18% Age 55+ 12% $10,000-$25,000 7% $26,000-$35,000 14% $36,000-$45,000 19% $46,000-$55,000 15% $56,000-$65,000 11% $66,000-$80,000 18% $8 !,000-$100,000 t 6% *Comprisedfrom a random samp~ng of $28 guests, average # in group was 3.85. 9dost respondents were female representing tbeir group or coup& Survey was tafffn at the gates, and by the Temecula Valley Chamber of Commerc~ TEMECULA VALLEY BALLOON & WINE FESTIVAL ATTACHMENT C - 2003 MARKETING PLAN AND BUDGET TEMECULA VAI.I.EY B.ALLOON AND WINE FESTIVAL MARKETING PLAN 2003 The 20e~ Annual Temecula Valley Balloon and Wine Festival, (hereto after referred to as "Festival") is orchestrating a comprehensive marketing, promotional and publicity campaign designed to attract visitors to the 2003 event at beautiful Lake Skinner Recreation Area. Because the hume "Temecula" is an integral part of the event rifle, all marketing of this regional entertainment event naturally promotes the dry as well. The event campaign also puts both in the spotlight, highlighting Temecuta's location, history and amenities along with event-specific information. Elements in the campaign include, but are not limited to: More thun 150 local, regional and national corporations and businesses will receive information packages inviting sponsorship of the 2003 event. Personal follow up calls will be made to each and meefin~ being held on an ongoing bads. Companies who we worked with in the past for promotional marketing tie-ins will be approached again. They include Hoffrnan's Cheese, Vons, Albertson's, Longs Drug Stores, AT&T, Budweiser Ticketmaster and others. These affiliations will promote the Temecula ~ume through in-store displays, advertising and other methods of promotion. Shopping centers such as The Promenade, Town Center Plaza, Prime Outlet Center, Ontario Mills, North County Fair, and other high-traffic centers will be approached to assist in promotions, inducting displays of posters, flyer distribution, and ticket outlets. An estimated 20,000 plus billing stuffers will be available to all local business through the Temecula Valley Chamber of Commerce mailing list- Edwards Theatres will be approached to promote the Festival with an on-screen slide on all screens starting two weeks before the even[ · · 's again be devdope& This A potential promotional partnership *nth Vons or Albertson will promotion will include in store barmers, signs and aisle displays in 240 stores in Southern California, from Santa Barbara to the San Diego. A media distribution list of more than 350 print and broadcast representatives will be receiving a continuing flow of press materiul~ and personal follow-up between now and the Festival date. All media outlets will be provided with stories, photographs, interview opportunities and information that will result in maximum news coverage of the event- The media list includes a broad spectrum of entertainment editors, travel publications and editors, food and wine publications and editors, ballooning publications and more. Selected media representatives will be invited to Temecula on an individual basis for media preview days of Temecula. Media and marketing materials distributed thxoughout Southern California will encotztage visits to the Festival website, which links to the City of Temecula's site. Information about the event is being placed on an extensive list of other intemet sites, including festival and event calendars, travel sites, wine and ballooning sites, and music and entertainment sites. Riverside, San Diego and Los Angeles morning television shows and interview programs are being contacted about scheduling on-site programs and event news coverage. Radio stations throughout Los Angeles, Orange, Riverside and San Diego counties will be contacted for interview and promotional opportunities. Media outlets will be contacted including Riverside Press-Enterprise, San Diego Union Tribune, The Californian and North County Times, Inland Entertainment Round-Up, The Entertainer, Adelphia Cable, television stations and radio stations KFRG/KXFG, KATY, KOGO, KWRP, KGGI, KABC, KFI and KIFM. Media such as the LOs Angeles Times, and Orange County Register will be contacted for sponsorship participation and/or discounted non-profit ad rates. On behalf of the Temecula Valley Balloon and Wine Festival negotiations with all media to maximize the impact of the Festival's advertising budget, now valued at, approximately $114,000.00. Media promotions as described can more than quadruple the value of this budget. In addition, co-op advertising progrum~ with radio stations have the potential to bring significant advertising benefits to the Festival and the City. A public service canapaign to promote the Festival and Temecula is planned to utilize the free airtime made available on broadcast stations to non-profit organizations and events. Radio and telex'sion public service spots will be produced and distributed throughout Southern California. 01/07/03 Temecula Valley Balloon & Wine Festival Profit & Loss Budget Overview July 2002 through June 2003 O~dlrmry Irmon~/Exl~'~ Income 4100, Sponsor i~me 4t~. P~mm ~ 4~0' ~1~ In~ 4~ · FH~ 4~0 · Ve~ ~ ~c~ T~ ~. ~lo~ I~ T~I ~0 · ~ I~e ~.1~ T~ 4~00, ~ ~ in~ ~, F~d ~ I~ ~0 · ~ ln~ T~ ~6 · ~ F~ 47~ · En~ln~ T~ 4~.~ a~ ~ I~ Jul '02 - Jun 03 110.000.00 1 .~0.00 25,500.00 14.000.00 249,30O.OO 1,700,00 t,700.00 166,200.00 24,000.00 3,000.00 8,000.00 42,000.00 t ,80~.00 15,500,00 15,500.00 Total ~, Operating expense 50t0' B~nk charge~ ~* ~ulpm~t ~ - MIl~p M ' P~ng ~70' ~l 6~2 l T~ 3:16 PM 01/07/~3 Accrual Temecula Valley Balloon & Wine Festival Profit & Loss Budget Overview July 2002 through June 2003 ~Ul '02. Jun 03 4,000.00 4,500.00 2,$00.00 t ,200.00 18, DO0,O0 74,200.00 300.00 250.00 1,0~0.00 7,000.OD '10,000,00 2,000.00 150.00 2,000.00 4,650.00 ~2,000.00 19,000.00 't2,0~.O0 9.20~.00 300.00 24,000.00 12,000,00 7,40000 1 1,000.00 1 ,~0.00 4,000.00 16,~0.00 ~g,O00.O0 23,250.00 4220.00 4,000.00 97,E70,00 P~ge 2 EEl 39'¢d Temecula Valley Balloon & Wine FestJval Profit & Lose Budget Overview July 2002 through June 2003 ,~OO, Public E~10- Highway p~ I;~20 · Security T~I ~- ~ ~.~A~ TO~ 6~ - S~or 61~, V~r T~ 62~' A~h~ 6~0 - hll~fl ~ ~10- Ac~m~o~ ~. ~ Inc~ ~ · Fu~ ~16 ' br 6~t0' Pd~ 66~ - ~ ~ - Main ~ ~u~lIM ~ · F~ ~D' ~ Tm167~' ~n ~10. 6820 · F~ T~I ~' Jul '02. Jtm 03 2,OOO.O0 23,000.00 9,000.00 1,300.OO 5,000.00 50,450,~ 3,500.00 2~200.0D 7,000.00 12,5Q0.00 250.OO 2,10Q,00 2,300.OO 24,1~],OO 7,000,00 3,2O0.00 t 14,7OO,OO 1 t ,000.00 70~,00 4,O00.00 16,0OO,O0 250,00 250.00 4,600.00 7,000,00 6,000.00 3,5OO.OO 7.500.g0 500,00 800,OO 1,300,OO ~0 clDgd SBB BNIC~NOOq]9~ A J_ ICBGgZ9606 P~ :ZI Temecula Valley Balloon & I/Ir, ne FestJval Prot'~ & Loss Budget Overview July 2002 through June 2003 CO FI EN 6900 · ~ner 6920 - Main stage Total 6900 · E.n~rtalner Total 6600. IErtte~alnmeat expense ?300. Fo~l co~t ~. H~ T~ ~0 ~ F~ cou~ ?~O~. Pa~ng 7S~0' Sup~ T~I 7~0 · ~20 ' F~ TO~ ~ ' VIP ~70 · ~ Total Expense Net Ordinary Income Net Jul '02 - Jun 03 7,00G.O0 87,000.00 250.00 1,700.00 31,700.00 2,000.00 2,600,00 500.00 38,000.00 45,300.00 Page 4 TEMECULA VALLEY BALLOON & WINE FESTIVAL ATTACHMENT D - 2002 BUDGET AND FINANCIAL STATEMENTS 03/22/02 Temecula Valley Balloon & Wine Festival Profit & Loss Budget Overview July 2001 through June 2002 Income 4t00 · Sponsor income 4150 · Program sales 4200 · Admissions income 4220 - Outside tioket sales 4230 · RV Ucket sales 4235 · Friday admissions 4240. Seturclay tioket sales 4250 · Sunday ticket salsa Total 4200 - Admissions income 4300. Balloon income 4400 - Beverage income 4415 - Beer/Wtce 4430 - Ice Total 4400 - Beverage income 4500 - Commercial cour~ income 4510- Entzy fees Total 4500 · Commercial court income 4600 - Food court income 4610. En'~ fees Total 4600 · Food court income 4650 · Par~ing income 4655. Kids Fare 4657 · UnderwriUng Total 4655 - Kids Fare 4700. Souvenir income 4710 · Entertainment income 4900 - Arts and crafts income 4910' EntJy fees Total 4900 - Aris and crafts income Total Income Expense · 5000' Operating expense 5010. Bank charges and fnes 5015. Copy machine 5026. Dues 5035 - Insumnce4iabllity 5045 - Lessa I rent 50.~0 · Llcon~es & permits 5055- Mileage 5060. Postage 5085- Printing 5070 - S~minsre & ti'svel 5080- Supplies 5082- Taxes 5085. Telephone I office expenne Total 5000 · Operating expense 5100 · Payroll expense 51t0. Wages 5116 · Bonus & Commislone 5t20. PayToII tax expense 5125. Employes benefit 5130 - Workman'$ compensation 0135 · Temporer/Staffing Total 5t00 · Payroll expense Jul '0t - Jun '02 130,000.00 2,500.00 35,000.00 27,000.00 13,000.00 125,000.00 45,000.00 245,000.00 1,700.00 143,000.00 1,600.00 144,600.00 ~8,600.00 38,600.00 31,200.00 31,200.00 24,OO0.00 5,000.00 2,000.00 7,000.00 45,000.00 450.00 19,500.00 19,500.00 689,550,00 1,100.00 2,100.00 1,600.00 19,000.00 7,500.00 1,000.00 350.00 2,500.00 1,000.00 4,000.00 15,000.00 5,000.00 63,150.00 42,000.00 4,000.00 12,200.00 2,000.00 1,200.00 18,000.00 79,400.00 Page I 03/22/02 Temecula Valley Balloon & Wine Festival Profit & Loss Budget Overview July 2001 through June 2002 Jul '01 - Jun '02 200.00 600.00 225.00 1,025.00 7,000.00 3,000.00 10,000.00 2,000,00 250.00 2,600.00 4,850.00 5200 · Board expense 52t0 - Supplies 5220. Meetings 5230 · Shirts Total 5200 - Boa,~l expense 5300. Donation expense 53t0. M.H.S. Baseball Pro,ram 5320. Volunteer Fire Dept Total 5300* Donation expense 5400* Commend expense 5410. Food & beverages 5440* Supplies 6450* Telephone Total 5400 · Command expense 5500 · Facilities 55'16. Fencing 5520. Fuel r~28. Electrical 5530. Golf carts ~550. RV'e & moduiam 5555- SIgnage 6560. Equipment rental 5568 * Storage bin~ 5570. Supplies 5576. Tents 5580 · Toilets 5586 · Trash/Clean-Up Total 5500. Facilities 8700- Marketing expense 57'15. Flyers 5730 - Marketing supplies 6732 · postage 5736* Print marketing 5740 · Prngrem 5745 - Radio 6750 - Marketing Firm 6755- Brochure 6767- Web-Slta Tolal 6700 · Marketing expense 6800. Professional fees 58'10- Accounting 5820- Auditing Total 5800- Professional fees 5900. Public safety 59'10- Highway patrol 6920' Security 5940. Sheriffs 6950* Supplies $960. -Radlo~ 8900- Public safety - Other Total 6900. Public safety 6000 - Sponsor expense 6040 · Sponsor Awards Total 6000 · Sponsor expense 14,000.00 3,500.00 21,000.00 6,000.00 8,000.00 7,300.00 4,000.00 2,500.00 800.00 600.00 24,000.00 11,000.00 6,000.00 108,700.00 2,000.00 1,500.00 1,500.00 9,000.00 16,000.00 27,0O0.00 21,000.00 2,500.00 3,000.00 87,600.00 2,000,00 6,500.00 8,500.00 1,700.00 23,000.00 19,000.00 300.00 1,300.00 5,000.00 5,000.00 5,000.00 Page 2 03~22/02 Temecula Valley Balloon & Wine Festival Profit & Loss Budget Overview July 200t through June 2002 6100 - Volunteer 61t0 · Fo~d 6120 · T-shirts 6130 * Printing Total 6100 - VOlunteer 6200 - Admissions expense 62t0. County fee - parking 62t6- County fees - tickets 6220. Entry refund 6250- MWD fee 6270- Ticket prlndng Total 6200 · Admissions expense 6300. Balloon expense 6310 · Accomodations 6320 · Show-up incentJvns 6340 · Fuel Total 6300 · Balloon expense 6400- Beverage expense 6410 · ABC license 6416. Beer 6420. Beverage supplies 6436 - ice 6440- Micro beer-tasting Total 6400 · Beverage expense 6500 - Comrns~cial court expense 6610 - Prindng Total 6500 · Commercial court expense 6600 · Entertainment expense 6610 - Entertainment Backlins 6620. Producer/Booking Agent 6700. Main backstage supplies 6710 - Accommodations 6730 · Food 6770- Sound & Lights 6780. Stages Total 6700- Main backstage supplies 6800. Wine backstage supplies 6810- Beverages 6820- Food Total 6800 - Wins backstage supplies 6900 · Entmlalnsr acts 69t0. Kids Faire 6920 · Main stage 6930. Wins stage Total 6900 - Eninrtalnsr acts Total 6600 - Entertainment expense 7300 · Food court expense 7340. Health Permit Total 7300. Food court expense 7500- Parking 7610- Supplies 7520 - Cones Total 7600 · Parking Jul '01 - Jun '02 3,500.00 2,200.00 200,00 5,900.00 7,000.00 10,500.00 500.00 2,100.00 2,000.00 22,100.00 7,700.00 3,000.00 1,500.00 12,200.00 300.00 11,000.00 800.00 5,000.00 1,500.00 18,600.00 250.00 250.00 4,500.00 7,500.00 6,000.00 3,585.00 7,500.00 15,000.00 32,085.00 500.00 800.00 1,300.00 135,885.00 630.00 ~60.00 1,190.00 Page3 0~2~02 Temecula Valley Balloon & Wine Festival Profit & Loss Budget Overview July 2001 through June 2002 Jul '01 - Jun '02 30,000.00 500.00 30,500.00 2,000.00 600.00 6,800.00 450.00 34,000.00 41,250.00 689,550.00 0.00 7600 - Souvenir expense 7620 · Inventory purchases 7640 - Supplies Total 7600 · Souvenir expense 7700 · VIP expense 7720 - Food 7740. Supplies Total 7700 - VIP expense 7800 · Wine tasting venue expense 7815 · Glasses - tasting 7860. Tickets 7870 · Wine Total 7800 · Wine tasting venue expense Total Expense Net Ordina~j Income Net Income Page 4 TEMECULA VALLEY BALLOON & WINE FESTIVAL ATTACHMENT E - SPONSORSHIP AGREEMENT ADVERTISING AGREEMENT BETWEEN CITY OF TEMECULA AND TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION This Agreement, made this 28th day of January, 2003, by and between the CITY OF TEMECULA, (hereinafter referred to as "City"), and TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION, a California nonprofit corporation (hereinafter referred to as ("TVBWFA"). A. TVBWFA will operate the "Temecula Valley Balloon & Wine Festival" on June 6 - 8, 2003. The Temecula Valley Balloon & Wine Festival is a special event located at Lake Skinner featuring approximately 50 hot air balloons, main stage entertainment, arts and crafts fair, tethered balloon rides and a wine venue featuring the Temecula Valley. The Community Night will be held on June 6th and will kick-off the Festival with local entertainment and a balloon glow. Attendance in previous years has been approximately 30,000 - 40,000 people for the 3-day event. B. The City of Temecula desires to be a Premier Sponsor of the 2003 Temecula Valley Balloon and Wine Festival. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: A. In exchange for the payment of $35,000.00, the City of Temecula shall be designated as a "Premier Sponsor" of the 2003 Temecula Valley Balloon & Wine Festival. In exchange for being a Premier Sponsor, the City of Temecula will receive the benefits as listed in Attachment A. B. Any media visits prior to the Temecula Valley Balloon and Wine Festival coordinated by the Festival or its public relations representatives will include an invitation to visit all Temecula entities (i.e. Old Town, wineries, golf). Secondly, the Festival shall include in its basic press kit a feature article of no less than two pages, which focuses on the attractions of Temecula, including Old Town, golf, wineries, etc.) This informational piece shall be provided to all media working with the Festival or its representatives on Festival-related stories. C. The TVBWFA shall submit a written request to the City Manager and the Director of Public Works requesting the use of any City owned light towers, cones, barricades, directional signs, flashing beacons, etc. no later than 60 days preceding the first day of the Balloon & Wine Festival. Any such materials provided are at the discretion of the City of Temecula and shall be returned in the same condition as received. D. All event tickets, parking passes and official Festival souvenir merchandise shall be submitted to the City Manager no later than one full week preceding the first day of the Festival. E. Within 60 days following the Temecula Valley Balloon and Wine Festival, TVBWFA shall prepare and submit to the Assistant City Manager a written report evaluating the Temecula Valley Balloon and Wine Festival event, its attendance/demographics, and describing the materials in which the City was listed as a Premier Sponsor. The report should also include samples of media press clippings, flyers, pamphlets, etc. in a presentation notebook format. In addition, a complete financial statement of the revenue and expenses of the Festival must be included. F. TVBWFA agrees that it will defend, indemnify and hold the City and its elected officials, officer, agents, and employees free and harmless from all claims for damage to persons or property by reason of TVBWFA's acts or omissions or those of TVBWFA's employees, officers, agents, or invites in connection with the Temecula Valley Balloon & Wine Festival to the maximum extent allowed by law. G. TVBWFA shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive general liability and liquor liability in which the City is named insured or is named as an additional insured with TVBWFA and shall furnish a Certificate of Liability by the City. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached hereto, the protection offered by the policy shall; 1. Include the City as the insured or named as an additional insured covering all claims adsing out of, or in connection with, the Temecula Valley Balloon & Wine Festival. 2. Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with Temecula Valley Balloon & Wine Festival. 3. Provide the following minimum limits: (A) General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. (B) Liquor Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. 4. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from the Temecula Valley Balloon & Wine Festival. 5. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days beforehand. 6. Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees or TVBWFA shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. H. Should any litigation be commenced between the parties, hereto, concerning the provisions of this Agreement, the prevailing party concerning the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition to any other relief to which it may be entitled. I. TVBWA shall promptly furnish the City, an independent certified public accountant audit of the TVBWA financial statements, which will include FY July 1, 2001- June 30, 2002, by January 31, 2003. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. DATED: TEMECULA VALLEY BALLOON & WINE ASSOCIATION CITY OF TEMECULA BY: Carol Popejoy-Hime Jeffrey E. Stone, Mayor Executive Director Temecula Valley Balloon & Wine Festival Assoc. P.O. Box 1254 Temecula, CA 92593 ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney 4 ADVERTISING AGREEMENT BETWEEN CITY OF TEMECULA AND TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION This Agreement, made this 28th day of January, 2003, by and between the CITY OF TEMECULA, (hereinafter referred to as "City"), and TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION, a California nonprofit corporation (hereinafter referred to as (UTVBWFA"). A. TVBWFA will operate the "Temecula Valley Balloon & Wine Festival" on June 6 - 8, 2003. The Temecula Valley Balloon & Wine Festival is a special event located at Lake Skinner featuring approximately 50 hot air balloons, main stage entertainment, arts and crafts fair, tethered balloon rides and a wine venue featuring the Temecula Valley. The Community Night will be held on June 6th and will kick-off the Festival with local entertainment and a balloon glow. Attendance in previous years has been approximately 30,000 - 40,000 people for the 3-day event. B. The City of Temecula desires to be a Premier Sponsor of the 2003 Temecula Valley Balloon and Wine Festival. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: A. In exchange for the payment of $35,000.00, the City of Temecula shall be designated as a ~Premier Sponsor" of the 2003 Temecula Valley Balloon & Wine Festival. In exchange for being a Premier Sponsor, the City of Temecula will receive the benefits as listed in Attachment A. B. Any media visits prior to the Temecula Valley Balloon and Wine Festival coordinated by the Festival or its public relations representatives will include an invitation to visit all Temecula entities (i.e. Old Town, wineries, golf). Secondly, the Festival shall include in its basic press kit a feature article of no less than two pages, which focuses on the attractions of Temecula, including Old Town, golf, wineries, etc.) This informational piece shall be provided to all media working with the Festival or its representatives on Festival-related stories. C. The TVBVVFA shall submit a written request to the City Manager and the Director of Public Works requesting the use of any City owned light towers, cones, barricades, directional signs, flashing beacons, etc. no later than 60 days preceding the first day of the Balloon & Wine Festival. Any such materials provided are at the discretion of the City of Temecula and shall be returned in the same condition as received. D. All event tickets, parking passes and official Festival souvenir merchandise shall be submitted to the City Manager no later than one full week preceding the first day of the Festival. E. W'~[hin 60 days following the Temecula Valley Balloon and Wine Festival, 'I'VBWFA shall prepare and submit to the Assistant City Manager a written report evaluating the Temecula Valley Balloon and Wine Festival event, its attendance/demographics, and describing the materials in which the City was listed as a Premier Sponsor. The report should also include samples of media press clippings, flyers, pamphlets, etc. in a presentation notebook format. In addition, a complete financial statement of the revenue and expenses of the Festival must be included. F. TVBWFA agrees that it will defend, indemnify and hold the City and its elected officials, officer, agents, and employees free and harmless from all claims for damage to persons or property by reason of TVBWFA's acts or omissions or those of TVBWFA's employees, officers, agents, or invites in connection with the Temecula Valley Balloon & Wine Festival to the maximum extent allowed by law. G. TVBWFA shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive general liability and liquor liability in which the City is named insured or is named as an additional insured with TVBWFA and shall furnish a Certificate of Liability by the City. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached hereto, the protection offered by the policy shall; 1. Include the City as the insured or named as an additional insured covedng all claims arising out of, or in connection with, the Temecula Valley Balloon & Wine Festival. 2. Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with Temecula Valley Balloon & Wine Festival. 3. Provide the following minimum limits: General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. (Bi Liquor Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. 4. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from the Temecula Valley Balloon & Wine Festival. 5. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days beforehand. 6. Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees or 'I'VBWFA shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. H. Should any litigation be commenced between the parties, hereto, concerning the provisions of this Agreement, the prevailing party concerning the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition to any other relief to which it may be entitled. I. TVBWA shall promptly fumish the City, an independent certified public accountant audit of the TVBWA financial statements, which will include FY July 1, 2001- June 30, 2002, by January 31, 2003. 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above wdtten. DATED: TEMECULA VALLEY BALLOON & WINE ASSOCIATION CITY OF TEMECULA BY: Carol Popejoy-Hime Jeffrey E. Stone, Mayor Executive Director Temecula Valley Balloon & Wine Festival Assoc. P.O. Box 1254 Temecula, CA 92593 ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney 4 ADVERTISING AGREEMENT BETWEEN CITY OF TEMECULA AND TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION This Agreement, made this 28th day of January, 2003, by and between the CITY OF TEMECULA, (hereinafter referred to as "City"), and TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION, a California nonprofit corporation (hereinafter referred to as (~TVBWFA"). A. TVBWFA will operate the "Temecula Valley Balloon & Wine Festival" on June 6 - 8, 2003. The Temecula Valley Balloon & Wine Festival is a special event located at Lake Skinner featuring approximately 50 hot air balloons, main stage entertainment, arts and crafts fair, tethered balloon rides and a wine venue featuring the Temecula Valley. The Community Night will be held on June 6th and will kick-off the Festival with local entertainment and a balloon glow. Attendance in previous years has been approximately 30,000 - 40,000 people for the 3-day event. B. The City of Temecula desires to be a Premier Sponsor of the 2003 Temecula Valley Balloon and Wine Festival. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: A. In exchange for the payment of $35,000.00, the City of Temecula shall be designated as a "Premier Sponsor" of the 2003 Temecula Valley Balloon & Wine Festival. In exchange for being a Premier Sponsor, the City of Temecula will receive the benefits as listed in Attachment A. B. Any media visits pdor to the Temecula Valley Balloon and Wine Festival coordinated by the Festival or its public relations representatives will include an invitation to visit all Temecula entities (i.e. Old Town, wineries, golf). Secondly, the Festival shall include in its basic press kit a feature article of no less than two pages, which focuses on the attractions of Temecula, including Old Town, golf, wineries, etc.) This informational piece shall be provided to all media working with the Festival or its representatives on Festival-related stories. C. The TVBWFA shall submit a written request to the City Manager and the Director of Public Works requesting the use of any City owned light towers, cones, barricades, directional signs, flashing beacons, etc. no later than 60 days preceding the first day of the Balloon & Wine Festival. Any such materials provided are at the discretion of the City of Temecula and shall be retumeq in the same condition as received. D. All event tickets, parking passes and official Festival souvenir merchandise shall be submitted to the City Manager no later than one full week preceding the first day of the Festival. E. Within 60 days following the Temecula Valley Balloon and Wine Festival, TVBWFA shall prepare and submit to the Assistant City Manager a written report evaluating the Temecula Valley Balloon and Wine Festival event, its attendance/demographics, and describing the materials in which the City was listed as a Premier Sponsor. The report should also include samples of media press clippings, flyers, pamphlets, etc. in a presentation notebook format. In addition, a complete financial statement of the revenue and expenses of the Festival must be included. F. TVBWFA agrees that it will defend, indemnify and hold the City and its elected officials, officer, agents, and employees free and harmless from all claims for damage to persons or property by reason of TVBWFA's acts or omissions or those of TVBWFA's employees, officers, agents, or invites in connection with the Temecula Valley Balloon & Wine Festival to the maximum extent allowed by law. G. TVBWFA shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive general liability and liquor liability in which the City is named insured or is named as an additional insured with TVBWFA and shall furnish a Certificate of Liability by the City. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached hereto, the protection offered by the policy shall; 1. Include the City as the insured or named as an additional insured covering all claims adsing out of, or in connection with, the Temecula Valley Balloon & Wine Festival. 2. Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with Temecula Valley Balloon & Wine Festival. 3. Provide the following minimum limits: (A) General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. (B) Liquor Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. 4. The insurer shall agree to waive all dghts of subrogation against the City, its officers, officials, employees and volunteers for losses arising from the Temecula Valley Balloon & Wine Festival. 5. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days beforehand. 6. Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees or TVBWFA shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. H. Should any litigation be commenced between the parties, hereto, concerning the provisions of this Agreement, the prevailing party concerning the previsions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition to any other relief to which it may be entitled. I. TVBWA shall promptly furnish the City, an independent certified public accountant audit of the TVBWA financial statements, which will include FY July 1,2001- June 30, 2002, by January 31, 2003. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. DATED: TEMECULA VALLEY BALLOON & WINE ASSOCIATION ClTY OFTEMECULA BY: Carol Popejoy-Hime Jeffrey E. Stone, Mayor Executiv~ Director Temecula Valley Balloon & Wine Festival Assoc. P.O. Box 1254 Temecula, CA 92593 ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney 4 ITEM 5 APPROVAL CITY MANAGER__.~;~).~ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Man~.~ity Cou ncil Grant M."~s, Director of Human Resources January 28, 2003 2003 Workers' Compensation Coverage Annual Renewal RECOMMENDATION: That the City Council select State Compensation Insurance Fund as the City's Employee Workers' Compensation Insurance, for Plan Year 2003 which begins on February 1, 2003. BACKGROUND: Workers' Compensation Insurance in California continues to undergo dramatic changes, both in the areas of availability and cost to the insurance buyer. Fueled by "open rating" market competition and increases in claim costs over the past eight years, carriers providing workers' compensation coverage have experienced tremendous negative results and the City is caught in the middle of the state's workers' compensation crisis. State Compensation Insurance Fund is currently doing a fine job covering the City and staff is happy with the service State Fund has provided. Last year's premium was $176,000. The City's insurance broker, Mike Bush of CAL-SURANCE Associates, Inc., requested seventeen (17) market quotes. Mr. Bush was requested to quote components in an effort to ensure that the market carriers knew that the City was serious about obtaining the best coverage at the lowest rate. All market carders were contacted with all declining to quote except State Compensation Insurance Fund. The increase reflected in the State Fund quote includes a 62% increase in their base rates and the City's experience modification decreasing from 85% to 81% (using the claim information gathered from the 1999, 2000, and 2001 contract years). The quote for the 2003 Workers' Compensation Plan Year (2/01/03 - 1/31/04) is approximately $346,000. While this quote is expensive, it is our only option at this point and as a point of historical perspective, the City's workers' compensation premium was $335,000 back in 1993. Based on the above listed quote, City staff recommends the City's workers' compensation coverage remain with State Compensation Insurance fund, for the 2003 Plan Year. The State Compensation Insurance Fund quote reflects the maximum amount for the contract year and may be lower depending on actual payroll. Staff believes the quote reflects the best that can be expected for the 2003 contract year. Our Loss Prevention Program will remain under the leadership of the City's Safety Committee, which has done an outstanding job as evident by our experience rating of 81%, which means that the City's experience is 19% better than comparable employers. FISCAL IMPACT: Approximately $80,000 in additional funding is required for the remainder of this plan year. However, staff will review individual department budgets to determine if additional appropriations are required. If it is determined that additional appropriations are required, they will be reflected in the mid-year budget. ITEM 6 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC.~,~.~' CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Co~ Grant Ya~, Assistant to the CityManager January 28, 2003 Old Town Temecula Storefront Lease Agreement PREPARED BY: Ashley Jones, Management Assistant RECOMMENDATION: That the City Council approves the attached lease agreement for the Temecula Police Department storefront facility in Old Town Temecula beginning February 1,2003 and terminating January 31, 2006. BACKGROUND: On February 1, 2000 the City entered into a 36-month lease agreement with D.L. Phares & Associates for the Old Town Temecula Storefront Police Station. This lease is now expiring and the Police Department v, ould like to renew the lease for another 3-year period. This si!e occupies 1,500 square feet and has suitable space for administration and conducting daily business with the public. This storefront police station provides the needed support and assistance to the south end oftown as well as the Old Town Temecula area and houses the Megan's Law computer. Currently, the lease rate is $1,300 per month ($.87 per SF). Re new proposed rate, as of February 1, 2003, is $1,500 per month ($1.00 per SF). 'Ibis rate is substantiallylower than the market rate currently being charged in Old Town. In accordance with the lease proposal, there will be a cost of living increase each year on the anniversary of the lease (February 1) based upon the 11'h District Cost of Funds. Increases will not be less than 4% nor more than 6%. Even with these increases, the rent will be below market rate in year 3. FISCAL IMPACT: The total cost of this lease for the remainder of the current fiscal year is $7,500. Adequate funds are available in the Police Department Budget for the lease costs for the remainder of this fiscal year. Attachment: Lease Proposal D.L PHABE5 Ag0CIAT[S Commcrcial-lndustTial flcal ~statc · Development · PTopcrLytta~a~¢mc~t · Consultin~ January 13, 2003 Mr. Grant M. Yates City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 JAN 1 ~ 2003 Re: Lease Proposal 28410 Old Town Front Street, Suite 105 Dear G rant: Enclosed are two copies of a Lease Proposal for the storefront police station at the above referenced location. As you know, the City has leased Unit 105 at Old Town Plaza from February 1, 2000 through January 31, 2003. The owners of Old Town Plaza appreciate having the City as a tenant The police presence at the center is greatly valued by both the property owners and your fellow tenants. Currently, we have no vacancies at Old Town Plaza, and the current lease rate is $1.15 PSF Triple Net. In order to demonstrate our gratitude for your tenancy, we are offering the space at the reduced rate of $1.00 per square foot. The proposed base rent is $1,500 per month instead of $1,725 which is our current lease rate. The City is currently paying $1,300 base rent. if the terms of the proposal are acceptable, please sign the enclosed copies of the Lease Proposal, return one copy to our office, and keep the other for your files. We appreciate the opportunity of doing business with you. Best regards, DLP/THMijmb . YatesOlO9031ff.wpd z7~o J~eflon Avenue, Suite ]ol · [emecula, (A 9z~9o · Tel: (qo9)69.~-76oo · lax: (9o9)695-76o] O. L PUARES ASSOCIATES 0 R IGINAL Commerdal ileal [state · Land A(quisition · Investment Ileal [$tat~ · Consulting LEASE PROPOSAL Old Town Plaza 28410 Old Town Front Street, Unit 105 Temecula, CA 92590 Tenant will be the City of Temecula. Intended use will be a storefront police station. Lease is to be for three years, beginning February 1, 2003 and terminating on January 31, 2006. The monthly rent will be $1,500.00 ($1.00/SF). Tenant will pay their pro rata share of Triple Net expenses. Each year on the anniversary of the lease (February 1), there will be a cost of living increase based upon the 11th District Cost of Funds. Increases will not be less than 4% nor more than 6%. Tenant will furnish a Certificate of Insurance for not less than $1,000,000.00 naming The Gabriel Family Trust and the Old Town Plaza, LLC, Landlord, Temecula Valley Bank, Lender, and D. L. Phares & Associates, property management company, as additional insureds. Signed: Accepted by: The security deposit will be increased from $1,300.00 to $1,500.00. Date 0avid L. Phares Date :' ' '. '- Date TemeculaleasePmpO 103 z~o JeEcrson Avenue, lnite Zo] · Teme~ula, (.A 9zS<lo · Tel (9o~1) 6%~-7boo · fax (~to~l) 6g-16oz ITEM 7 TO: FROM: DATE: SUBJECT: APPROVAL~ CITY ATTORNEY DIRECTOR OFFINAN( CITY MANAGER ClTY OFTEMECULA AGENDA REPORT ~ity Manager/City Council "~J'~illiam G. Hughes, Director of Public Works/City Engineer January 28, 2003 Approve Grant of Easement whereby City grants to Eastern Municipal Water District (EMWD) an easement for the right of access to the Pujol Street Lift Station PREPARED BY: ~YRonald J. Parks, Deputy Director of Public Works ~)Clement M. Jimenez, Associate Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GRANT OF EASEMENT WHEREBY CITY GRANTS TO EASTERN MUNICIPAL WATER DISTRICT AN EASEMENT FOR THE RIGHT OF ACCESS TO THE PUJOL STREET LIFT STATION BACKGROUND: The First Street Extension, Project No. PW95-08, construction is complete. In order to complete the project, it was necessary for Eastern Municipal Water District (EMWD) to eliminate a major sewer conflict with the bridge construction. A plan was designed to avoid the sewer conflict by building a sewer lift station on the west side of the bridge, the Pujol Street Lift Station. The City contributed to the cost of the lift station in addition to dedicating a lift station site. In addition to granting real property for the Pujol Street Lift Station, it is necessary to grant Eastern Municipal Water District an easement to provide access to the lift station site. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution No. 2003- 2. Grant of Easement (2 Sheets) 3. Exhibit "A" (2 Sheets) 4. Exhibit "B" (1 Sheet) R:~agdrpt~03\0128\emwd lift station access grant of easement 1 RESOLUTION NO. 2003-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GRANT OF EASEMENT WHEREBY CITY GRANTS TO EASTERN MUNICIPAL WATER DISTRICT AN EASEMENT FOR THE RIGHT OF ACCESS TO THE PUJOL STREET LIFT STATION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: The First Street Extension, Project No. PW95-08, included the construction of a four-lane bridge at First Street over Murrieta Creek in Old Town Temecula involving utility coordination with both Rancho California Water District and Eastern Municipal Water District; It was necessary to construct a sewer lift station, Pujol Street Lift Station, on the west side of the bridge to avoid a sewer conflict arising from the realignment of First Street; As such, the City will grant to Eastern Municipal Water District the real property to accommodate the Pujol Street Lift Station by a separate resolution; D. In addition, it is necessary to grant to Eastern Municipal Water District an easement for access to the Pujol Street Lift Station. WHEREAS, The City Council of the City of Temecula hereby desires to grant to Eastern Municipal Water District an easement to access the Pujol Street Lift Station described in Exhibit "A" and shown in Exhibit "B" attached hereto. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby grants to Eastern Municipal Water District an easement to access the Pujol Street Lift Station described in Exhibit "A" and shown in Exhibit "B" attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 28th day of January 2003. Jeff Stone, Mayor A'I-I'EST: Susan W. Jones, CMC, City Clerk R:~agdq3t\03\0128\emwd lift station access grant of easement 2 (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Reso ution No. 2003- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 28th day of January, 2003 by the following vote; AYES: 0 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk R:~agdrpt\03\0128\emwd lift station access grant of easement 3 Recording Requested By and when Recorded Return to: EASTERN MUNICIPAL WATER DISTRICT P.O. Box 8300 Perris, CA 92572-8300 James S. Butler, Right-of-Way Department This Document Must Be Signed in the Presence of Notar~ & Notarized. TRA: 013007 APN: 922-100-017 CO: 63792 RB- 4425 No Recording Fee Required Pursuant to Government Code Section 27383 GRANT OF EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF TEMECULA, A MUNICIPAL CORPORATION WHO ACQUIRED TITLE AS THE CITY OF TEMECULA, A GENERAL LAW CITY (hereinafter referred to as "Grantor") does hereby grant to EASTERN MUNICIPAL WATER DISTRICT, a municipal water district, its successors and assigns (hereinafter referred to as "Grantee") a perpetual non-exclusive easement and right of way in, on, over, under, upon, along, through and across that certain property situated in the County of Riverside, State of Califoruia, described as follow: (SEE EXHIBIT "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF) The foregoing easement shall include the right of access for equipment and vehicle right of way, in, on, over, upon, along, through and above the described property. Grantor retains the right to the use of the land described herein except as to any use in derogation of the easement contained herein, and specifically agrees that no buildings or other structures of any kind will be placed, constructed or maintained over the real property described herein. Any work by Grantor, or any one working through or under Grantor, affecting the surface or subsurface of the ground subject to this easement shall be performed only after giving written notice by certified mail, postage prepaid, addressed to Grantee at Grantee's office setting forth the proposed changes in detail. Such notice is to be given to the Grantee at least thirty (30) business days prior to commencement of such work. Grantor shall take all reasonable measures to avoid a material interference with Grantee's use during such work. It is understoed that the permanent easements and the rights of way above described shall be acquired subject to the rights of the Grantor, Grantor's successors, heirs and assigns, to use the surface of the real property within the boundaries of such easements and rights of way. It is understood that any use of the surface rights by Grantor, and Gruntor's successors, heirs and assigns, shall be deemed a continuing permissive use allowed by Grantee, its successors, heirs and assigns, and each successor-in- interest of the Grantor, by acceptance of a conveyance of said property or interest therein admits and agrees that any such use is a continuing permissive use. It is understood that each and every right and privilege hereby granted is free and alienable. Notwithstanding the foregoing, it is understood and agreed that this Grant of Easement shall not be construed as a Grant of Fee Title. 1N WITNESS WHEREOF, this instrument has been executed this day of ,20 GRANTOR(S): THE CITY OF TEMECULA, A MUNICIPAL CORPORATION WHO ACQUIRED TITLE AS THE CITY OF TEMECULA, A GENERAL LAW CITY Date: BY: Jeff Stone, Mayor Date: BY: Susan W. Jones, City Clerk CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Grant of Easement dated from THE CITY OF TEMECULA, A MUNICIPAL CORPORATION WHO ACQUIRED TITLE AS THE CITY OF TEMECULA, A GENERAL LAW CITY to the EASTERN MUNICIPAL WATER DISTRICT, a municipal water district, is hereby accepted by the undersigned officer or agent on behalf of the Board of Directors pursuant to authority conferred by Resolution No. 80 of the Board of Directors adopted on January 14, 1953, and the Grantee consents to the recordation thereof by its duly authorized officer or agent. EASTERN MUNICIPAL WATER DISTRICT DATED: BY: Mary C. White, Secretary of the Eastem Municipal Water District and the Board of Directors thereof (SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California '~ ss. County of On personally appeared , before me, Name and ~tle of Officer (e g, "Jane Doe, Notary Public") Name(s) of Signer(s) [] personally known to me [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/hedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Nolary Seal Above Signature of Notary Public OPTIONAL Though the information be/ow is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer -- Title(s): [] Partner--[] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here EXHIBIT "A" EASTERN MUNICIPAL WATER DISTRICT PUJOL STREET LIFT STATION ACCESS EASEMENT LEGAL DESCRIPTION C.O. - 63792 Grantor: City of Temecula IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING THAT PORTION OF A STRIP OF LAND, 30.00 FEET WIDE, LYING ADJACENT TO AND WESTERLY OF THE WESTERLY LINE OF PARCEL 4 OF PARCEL MAP 7674 AS SHOWN BY MAP ON FILE IN BOOK 86 OF PARCEL MAPS, PAGES 50 AND 51, RECORDS OF SAID RIVERSIDE COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 4, SAID CORNER ALSO BEING A POINT ON A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 1717.02 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 68o20'55'' EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE AND WESTERLY LINE OF PARCEL 4 THROUGH A CENTRAL ANGLE OF 03o30'53'' AN ARC LENGTH OF 105.33 FEET; THENCE RADIAL TO SAID CURVE SOUTH 71°51'48" WEST A DISTANCE OF 30.00 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF PARCEL 2 OF PARCEL MAP 8248 AS SHOWN BY THE MAP ON FILE IN BOOK 32 OF PARCEL MAPS, PAGES 16, 17, AND 18, RECORDS OF SAID RIVERSIDE COUNTY, SAID INTERSECTION ALSO BEING A POINT ON A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 1687.02 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 71°51'48" EAST, SAID CURVE BEING CONCENTRIC WITH THE HEREIN DESCRIBED CURVE HAVING A RADIUS OF 1717.02 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE AND EASTERLY LINE OF PARCEL 2 OF PARCEL MAP 8248 THROUGH A CENTRAL ANGLE OF 03°03'49" AN ARC LENGTH OF 90.21 FEET TO THE SOUTHWESTERLY PROLONGATION OF THE TANGENT PORTION OF THE SOUTHEASTERLY LINE OF LOT "A" OF AFORESAID PARCEL MAI~ 7674; THENCE NORTH 44030'26" EAST ALONG SAID PROLONGATION A DISTANCE OF 32.86 FEET TO THE POINT OF BEGINNING. CONTAINING: 0.07 ACRES, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Eastern Municipal Water District Eastern Municipal Water District Exhibit "A" Access Easement Work Order No. Grantor: City Of Temecula PREPARED UNDER MY SUPERVISION: Professional Land Surveyor No. 6413 Registration Expires 12/31/02 DATE SIGNED:/'V4:?~,, ~¢~./.~_--,,"~ ~ooo X ITEM 8 TO: FROM: DATE: SUBJECT: APPROVAL CITY A-FFORNEY ~ I DIRECTOR Of FINANCE _~__z~ CITY MANAGER CiTY OF TEMECULA AGENDA REPORT City Manager/City Council /V~//~William G. Hughes, Director of Public Works/City Engineer January 28, 2003 Approve Grant Deed whereby City grants to Eastern Municipal Water District (EMWD) in fee the land used for the Pujol Street Lift Station ~Ronald J. Parks, Deputy Director of Public Works PREPARED BY: (~lement M. Jimenez, Associate Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GRANT DEED WHEREBY THE CITY GRANTS IN FEE TO EASTERN MUNICIPAL WATER DISTRICT THE LAND USED FOR THE PUJOL STREET LIFT STATION BACKGROUND: The First Street Extension, Project No. PW95-08, construction is complete. In order to complete the project, it was necessary for Eastern Municipal Water District (EMWD) to eliminate a major sewer conflict with the bridge construction. A plan was designed to avoid the sewer conflict by building a sewer lift station on the west side of the bridge, the Pujol Street Lift Station. The City contributed to the cost of the lift station in addition to dedicating a lift station site. FISCAL IMPACT: The City will pay less property tax. ATTACHMENTS: 1. Resolution No. 2003-.__ 2. Grant Deed (2 Sheets) 3. Exhibit "A" (2 Sheets) 4. Exhibit "B" (1 Sheet) R:~agdq~t~03\0128~emwd lift station grant deed 1 RESOLUTION NO. 2003-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GRANT DEED WHEREBY THE CITY GRANTS IN FEE TO EASTERN MUNICIPAL WATER DISTRICT THE LAND USED FOR THE PUJOL STREET LIFT STATION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: The First Street Extension, Project No. PW95-08, included the construction of a four-lane bridge at First Street over Murrieta Creek in Old Town Temecula involving utility coordination with both Rancho California Water District and Eastern Municipal Water District; It was necessary to construct a sewer lift station, Pujol Street Lift Station, on the west side of the bridge to avoid a sewer conflict arising from the realignment of First Street; Granting Eastern Municipal Water District the real property to accommodate the Pujol Street Lift Station is necessary and serves the public interests. WHEREAS, The City Council of the City of Temecula hereby desires to grant in fee to Eastern Municipal Water District the real property for the Pujol Street Lift Station described in Exhibit "A" and shown in Exhibit "B" attached hereto. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby grants in fee to Eastern Municipal Water District the real property for the Pujol Street Lift Station described in Exhibit "A" and shown in Exhibit "B" attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 28th day of January 2003. Jeff Stone, Mayor ATTEST: Susan W. Jones, CMC, City Clerk R:~agdrpt\03\0128~ernwd lift station grant deed 2 (SEAL) STATE OF CALIFORNIA ) COUNTYOF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2003-. was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 28t~ day of January, 2003 by the following vote: AYES: 0 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk R:~agdrpt~03\0128~emwd tiff station grant deed 3 Recording Requested By and when Recorded Return to: EASTERN MUNICIPAL WATER DISTRICT P.O. Box 8300 Penis, CA 92572-8300 Atm: .lames S. Butler, Right-of-Way Department This Document Must Be Signed in the Presence of Notary & Notarized. T.R.A.: 013007 APN 922-100-017 C.O. 63792 RB- 4424 No Recording Fee Required Pursuant to Government Code Section 27383 GRANT DEED The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincoq~orated area: ( X ) City of TEMECULA FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF TEMECULA, A MUNICIPAL CORPORATION WHO ACQUIRED TITLE AS THE CITY OF TEMECULA, A GENERAL LAW CITY (hereinafter referred to as "Grantor") does hereby grant to EASTERN MUNICIPAL WATER DISTRICT, a municipal water tnct, (heretnafter referred to as Grantee ) the followmg Real Property sttuated tn The C~ty of Temecula, County of Riverstde, State of California, described as follows: (SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND MADE A PART HEREOF) IN WITNESS WHEREOF, this instrument has been executed this day of ,2003. GRANTORS: THE CITY OF TEMECULA, A MUNICIPAL CORPORATION VOtO ACQUIRED TITLE AS THE CITY OF TEMECULA, A GENERAL LAW CITY DATE: BY: Date: BY: ]'eft Stone, Mayor Susan W. Jones, City Clerk CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Grant Deed dated from THE CITY OF TEMECULA, A MUNICIPAL CORPORATION WHO ACQUIRED TITLE AS THE CITY OF TEMECULA, A GENERAL LAW CITY to the EASTERN MUNICIPAL WATER DISTRICT, a municipal water district, is hereby accepted by the undersigned officer or agent on behalf of the Board of Directors pursuant to authority conferred by Resolution No. 80 of the Board of Directors adopted on January 14, 1953, and the Grantee consents to the recordation thereof by its duly authorized officer or agent. EASTERN MUNICIPAL WATER DISTRICT DATE: BY: (SEAL) Mary C. White, Secretary of the Eastern Municipal Water District and the Board of Directors thereof CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California '~ SS. County of On , before me, Date personally appeared Name and Title of Officer (e g, "Jane Doe, Notary Public") Name(s) of Signer(s} [] personally known to me [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/hedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notaq/Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer-- Title(s): [] Partner-- [] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here EXHIBIT "A" EASTERN MUNICIPAL WATER DISTRICT PUJOL STREET LIFT STATION GRANT DEED C.O. - 63792 APN: 922-100-017 Grantor: City of Temecula LEGAL DESCRIPTION IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING THAT PORTION OF PARCEL 4 AND THAT PORTION OF LOT "A" OF PARCEL MAP NO. 7674 RECORDED iN BOOK 86 OF PARCEL MAPS, PAGES 50 AND 51, RECORDS OF RIVERSIDE COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF PUJOL STREET AND FIRST STREET (REALIGNMENT), AS SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 112 PAGE 23, OF RECORDS OF SURVEY, RECORDS OF SAID RIVERSIDE COUNTY; THENCE NORTH 45°23'12" EAST A DISTANCE OF 45.26 FEET, ALONG SAID CENTER LINE OF FIRST STREET (REALIGNMENT) TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 7000.00 FEET, SAID CURVE BEING THE REALIGNED CENTER LINE OF FIRST STREET AS SHOWN ON SAID RECORD OF SURVEY; THENCE NORTHEASTERLY ALONG SAID CURVE AND CENTERLINE THROUGH A CENTRAL ANGLE OF 00°52'46" AN ARC DISTANCE OF 107.44 FEET; THENCE TANGENT TO SAID CURVE AND ALONG SAID REALIGNED CENTERLINE NORTH 44°30'26" EAST A DISTANCE OF 14.54 FEET; THENCE AT RIGHT ANGLES TO SAID CENTER LINE SOUTH 45o29'34'' EAST A DISTANCE OF 39.00 FEET TO THE INTERSECTION OF THE WESTERLY LINE OF SAID PARCEL 4 WITH A LINE THAT IS PARALLEL WITH AND 39.00 FEET SOUTHEASTERLY OF SAID REALIGNED CENTER LINE, SAID INTERSECTION ALSO BEING A POINT ON A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 1717.02 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 68034'26'' EAST, SAID INTERSECTION BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 44°30"26" EAST ALONG SAID PARALLEL LINE A DISTANCE OF 100.99 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 18°22"04" EAST A DISTANCE OF 115.74 FEET; THENCE SOUTH 72°14"20" WEST A DISTANCE OF 87.60 FEET TO AN INTERSECTION WITH SAID WESTERLY LINE OF PARCEL 4, SAID INTERSECTION ALSO BEING A POINT ON A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 1717.02 FEET, Eastern Municipal Water District Exhibit "A" Grant Deed Eastern Municipal Water District Exhibit "A" Grant Deed Work Order No. APN No. 922-100-017 Grantor: City Of Temecula A RADIAL LINE TO SAID POINT BEARS NORTH 70°52"12" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE AND WESTERLY LINE OF PARCEL 4 THROUGH A CENTRAL ANGLE OF 02o17"46.. AN ARC DISTANCE OF 68.81 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 8,196 SQUARE FEET (0.19 ACRES) MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION: RICHARD F. THOMSEI~ Professional Land Surveyor No. 6413 Registration Expires 12/31/02 DATE SIGNED: 0 o C~O0 ITEM 9 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE~.~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council '~/~William G. Hughes, Director of Public Works/City Engineer January 28, 2003 Future Funding of Murrieta Creek Flood Control, Environmental Restoration and Recreation Project. PREPARED BY: Beryl Yasinosky, Management Analyst RECOMMENDATION: That the City Council authorize the Mayor to sign the attached letter and authorize staff to transmit said letter to the General Manager of the Riverside County Flood Control and Water Conservation District. BACKGROUND: The Riverside County Flood Control and Water Conservation District (RCFC) has been working with the cities of Temecula and Murrieta to coordinate the funding for future flood control, environmental and recreational improvements to Murrieta Creek. The estimated total cost for the project is approximately $90 million without land acquisitions. The authorized federal funds total about $59 million. The necessary local match, with projected land acquisition costs, is $40 million. The local matching funds are proposed to be provided by RCFC (50%), Murrieta (25%), and Temecula (25%). Letters of intention are needed from both Murrieta and Temecula so that RCFC may complete a "Statement of Financial Capability" which must be submitted to the Army Corps of Engineers. The City of Temecula's local match of $10 million has not been budgeted but we are looking at methods to satisfy our local match. Our approach to meeting our local match would be through replacement of the Main Street Bridge using Federal Highway Bridge Replacement and Rehabilitation Funds, Land Dedications, applying the City's Multi-purpose Trail Grant in the amount of $1.5 million, identifying fill sites for the dirt that will be removed from the detention basin and making contributions toward the recreation components of the new detention basin park. Funding approaches will be further reviewed in the City's upcoming Capital Improvement Program. FISCAL IMPACT: There is no fiscal impact at this time. The letter only communicates the City's intentions to pursue funding to compliment the Federal funding needed to make the necessary improvements to Murrieta Creek. ATTACH M ENTS: Letter to General Manager, RCFC 1 R:Agenda Report~2003\012803\Murdeta Crk Project. RCFC/ajp of Temecula Temecula, CA92590 · MailingAddress:P.O. Box 9033 · Temecula, CA92589-9033 (909) 506-5100 · Fax J909( 694-6499 Jeffrey E. Stone Mayor Michael S. Naggar Mayor Pro-Tem Jeff Comerchero Councilmernber Albert S. Pratt Councilmember Ronald H. Roberts Councilrnernber (909) 506-5100 FAX 694-6499 January 28,2003 Mr. Warren D. Williams General Manager-Chief Engineer Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, CA 92501 Re; Murrieta Creek Flood Control, Environmental Restoration and Recreation Project Dear Mr. Williams: This letter is written as a follow up to a meeting held at your office on October 30, 2002 to discuss local financing of the U.S. Army Corps of Engineers Murrieta Creek project. Let me begin by saying that the City of Temecula is fully supportive of the District's attempts to secure the Federal participation and financing necessary to make flood control a reality for the Temecula Valley. Based upon past discussions with District staff, we understand that in developing a budget for the $40 million local share of the Corps project, the District is relying on a $10 million contribution from the City of Temecula. We also understand that this contribution can be in-kind with project construction such as the Main Street Bridge, land dedications, trail construction, or through cash payment to the District. The City is evaluating methods to meet our local matching requirement and the following improvements and dedications will be considered in the up-coming Capital Improvement Budget. The Corps' Feasibility Study estimates the demolition and reconstruction cost of the Main Street Bridge estimated at nearly $3 million. We have previously discussed assuming responsibility for the design of the new bridge structure. We understand that construction drawings and written specifications would need to be transmitted to the District in advance of the Corps advertising for construction bids on Phase 2 of the Murrieta Creek project which is estimated to be March of 2004. The City of Temecula is looking at funding all costs (engineering design, demolition, construction) associated with the Main Street Bridge reconstruction with Highway Bridge Replacement funds. Mr. Warren D. Williams January 23,2003 Page 2 The City of Temecula owns a 4+ acre parcel of land adjacent to First Street that may be needed for the construction of Phase I of the Corps project. The City of Temecula is currently designing this property for active park uses, but we are considering conveying fee-simple title to the District for use on the project. We understand that we would be extended a credit for the value of the property based upon a formal independent appraisal. In addition, the City is currently working with a $1.2 Million Trails Grant with another $275,000 in local funds that could provide a portion of the trail system proposed between Rancho California Road and Winchester Road. This effort would further reduce the cost of the trail system as proposed in the Murrieta Creek Project and could be counted as part of the City's matching commitment. Further, the City of Temecula recognizes that the District cannot fund the Local Sponsor share of recreational elements. We understand that the total cost of those features to be estimated at $7.6 million. Subject to Council approval, the City of Temecula may be willing to share the (50%) Local Sponsor share of those recreation costs with the City of Murrieta. Accordingly, we expect to be contributing approximately $1.8 million toward this effort. As proposed, the City of Temecula's financial contribution to the Murrieta Creek Flood Control, Environmental Restoration, and Recreation project would provide at least $10 million. While the City is unable to guarantee this level of funding without budget appropriations and receipt of funds from other resources, we will commit to you that through our budgeting process every effort will be made to fulfill the City's local match. If you should have any further questions regarding this matter, please feel free to contact William G. Hughes, Director of Public Works/City Engineer at (909) 694- 6411. Very truly yours, Jeffrey E. Stone Mayor ITEM 10 TO: FROM: DATE: SUBJECT: APPROVAL City Aq~ORNEY DIRECTOR Of FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Manager/City Council William G. Hughes, Director of Public Works/City Engineer Janua~ 28,2003 Completion and Acceptance for Pavement Rehabilitation Program - Rancho California Road - Project No. PW02-03 PREPARED BY: /"-/~Greg Butler, Principal Engineer ~r"~ Eric Weck, Assistant Engineer RECOMMENDATION: That the City Council: 1. Accept the Pavement Rehabilitation Program - Rancho California Road-Project No. PW02-03, as complete. 2. File a Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract. 3. Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. BACKGROUND: On June 25, 2002, the City Council awarded the contract to R. J. Noble Company for an amount of $593,194.85. An increase in final quantities increased the contract amount by $5,664.12, bringing the total cost of the project to $598,858.97. The project is part of the Annual Pavement Management Program that includes rehabilitation of existing pavement by reconstructing roads throughout the City. The Contractor has completed the work in accordance with the approved plans and specifications and within the allotted contract time to the satisfaction of the City Engineer. The construction retention for this project will be released on or about 35 days after the Notice of Completion has been recorded. FISCAL IMPACT: The bid price for this project was $593,194.85. An increase in final quantities increased the contract amount by $5,664.12, bringing the total cost of the project to $598,858.97. This project was funded through Measure A, AB2928 funds and Capital Project Reserves in account no. 210-165-655-5804. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit 1 RECORDING REQUESTED BY AND RETURN 1'O: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the properly hereinafter described. Nature of Interest Vendee Under Contract. 92590. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 3. A Contract was awarded by the City of Temecula to R.J. Noble Company, 15505 E. Lincoln Ave., Orange, California 92865 to perform the following work of improvement: Pavement Rehabilitation Program - Rancho California Road Project No. PW02-03 Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on January 28, 2003. That upon said contract the Travelers Casualty and Surety Company of America was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Pavement Rehabilitation Program - Rancho California Road Project No. PW02-04 The location of said property is: Rancho California Road, Temecula, California Dated at Temecula, California, this 28th day of January, 2003. City of Temecula STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Susan W. Jones CMC, City Clerk I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 28th day of January, 2003. City of Temecula Susan W. Jones CMC, City Clerk R:\CIP\Projects\PW02-03~Notice of Completion BOND NUMBER 83 SB 103851070 BCM CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND PROJECT NO. PW02-03 PA VEMENT REHABiLITATION PROGRAM. RANCHO CALIFORNIA ROAD KNOW ALL PERSONS BY THESE PRESENT THAT: R.J. NOBLE COMPANY, 15505 E. LINCOLN AVE., ORANGE, CA 92865 a NAME AND ADDRESS CONTRACTOR'S CORPORATION . , . , hereinafter called Principal, and (~tl In whelher a CofporatJott, Paftne~h~ ~r iil~viduel) TRAV.ELERS CASUALTY AND SURETY COMPANY OF AMERICA, 21688 GATEWAY CENTER DR., DIAMOND BAR, CA NAME AND ADDRE$S OF SURETY 91765 hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, in the penal sum of FIFTY-NINE THOUSAND EIGHT HUNDRED EIGHTY-FIVE - - ' .......... -DOLLARS a~d 89 CENTS ($ 59,.885.89 - - -) in lawful money of the United States, said sum being not less than ten. (10%) of the Contract Value payable by the said City of Temecula under the terms of the Contract, for the payrhent of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a 'certain Contract with the OWNER, dated the 25th dayof JUNE . , 2002, a copy of which is hereto attached and made a part hereof for the constructiof~ of PROJECT NO. PW02- 03, PAVEMENT REHABILITATION PRQGRAM - RANCHO CALIFORNIA ROAD. WHEREAS, said Contrac~ prov{des that the Principal will furnish a bond conditioned to guarantee for the period of on._~e (1) year after approval of the final estimate on said job, by the OWNER,. again'st ell defects in workmanship and materials which may become apparent during said pedod; and WH'EREAS, the said Contract has been completed, and was the final estimate approved on November 18 ,2002. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work. and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, othe~vise this instrument shall be void. A~ a part of the obligati°n secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable affomey's fees incurred by ~,AINTEN,~t, NCE DCN~ R;~O p, PI~J ~.CT ~V02~Y~24)3 Reh,~hab~e~bl .~; the Cily of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms Of the Contract, ~ to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or tO the wor~, or to the SpeCifications. Signed and sealed this 2nd JANUARY 2003 day of ,3_~3, (Seal) SURE'~If TR~VE].~R~ASU~LLTY AND SURETY (N~me)'"' L_,/ ~ (Title) A~PROVEDASTOFORM: Peter M. Thorsen, City Attorney PRINCIPAL R.J. NOBLE COMPANY (Na~n'e) PRESIDENT STAN HILTON (Name) SECRETARY (T'rqe) ~fNTENANC~ BOND STATE OF COLrNTY OF CALIFORNIA RIVERSIDE PERSONALLY APPEARED , before me, SS. R. STANDLEY MICHAEL D. STONG personally known to me (or Frc'vcd to .~-..z c.:: :!~c Eaz!z of · saticfac.~o:y cv~:.:~cc) to be the persor~)' whose nama~)' is/me'subscribed to the within instrument and acknowl- edged to me that he/oLc,':kc;.' executed the same in his/ ~.zr/tkzir authorized capacity(!cz); and that by hisjth°~/ tl~oir~signatur~r,.).-on the instrument the persord,~ or the entity upon behalf of which the person{-~)-acted, executed the instrument. WITNESS my hand and official seal. This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persona relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL [] CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE(S) [] PARTNER(S) [] LIMITED [] GENERAL [] ATTORNEY-iN-FACT [] TRUSTEE(S) [] GUARDiAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTI1~'(IES) SIGNER(S) OTHER THAN NAMED ABOVE ID-0~ ~v. */~ ALL-PURPOSE ACKNOWLEDGEMENT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND sURETY COMPANY FARMINGTON CASUALTY COMI~ANY Hsrtford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of thc State of Connecticut, and having their principal offices in the City of Ha~ford, County of Hartford, State of Connecticut, (hereinafter thc "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Michael D. Stung, Shawn Blume, Susan C. Monteon, Rosemary Standlcy, of Riverside, California, their true and lawful Attumcy(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by thc duly authorized officers of the Companies, and all the acts of said Attumey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairmen, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, thc Treaanrcr, any Assistant Treasurer, the Corporate Secretary or any Assistant Sceretary may appoint At'mrneys-in-Fact and Agents to act for and on bohalf of the company and may give such appointee such authority as h~s or her certificate of authority may presc~be to sign with thc Company's name and seal with thc Company's seal bonds, recognizances, con~xacts of indemnity, and other writings obligatory in the nature of a band, recognizanco, or conditional undertaking, end any of said officers or thc Board of Dimcters at any time may remove any such appointee and revoke the power given him or her. VOTED: That thc Chairman. thc President, any Vice Chairmen, any Executive Vice President, any Senior Vice President or any Vice President may delegate ail or any part of the forcgning authority to one or mcrc officers or employees of this Company, provided that each such delegatian is in writing and a copy therenfis filed in the office of the Sceremry. VOTED: That any bond, recognizanco, conh-act of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid end binding upon thc Company when (a) signed by the President, eny Vice Chah'man, any Executive Vice President, any Seninr Vice President or any Vice President, any Second Vice President, the Treasurer, eny Assistant Trensurer, the Corporate Scareta~y or eny Assistant Secretary and duly attested and sealed with the Company's seal by a Secreta~ or Assistant Secrcts~, or (b) duly executed (under seal, if requfed) by one or more Atteranys-in-Fact and Agen~ pursuant to thc power prescribed in his or her certificate or theft cortificatcs of authority or by one or more Company officers pursuant to a written delegation of authotity. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That thc signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, eny Assistant Secretary, end the seal of the Company may be affixed by facsimile to eny power of attorney or to any ce~ficate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid end binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (I 1.oo Standard) State of CALIFO, ,RNTA ORANGE County of Pamela Kitchens On 01/07/03 before me, personally appeared Michael J. Carver, President of {NAMEISl OF SI~NEFUSll R.J. NOBLE COMPANY and Stan Hilton, Secretary of R.J. NOBLE COMPANY [] personally known to me -OR n. ~asis of satisfactory evidence to be the person(s) whose name(s) ~s/are subscribed to the within instrument and acknowledged to me that he/the/they executed the h ....... /their same in :~^' ' authorized capacity(les), and that by hls/hcr/their signature(s) on' the instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. my hand and official seal. (SEAL) (SIGNATLIIRE '~F NOTARY) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE TrUe or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: ' Signer(s) O~her 11qan Named Above RIGHT THUMBPRINT IOptional) CAPACITY CLAIMED BY SIGNER{S) [~INDIVtDUALISI [~CORPORATE OFFICER(S) {~PARTNER(S) I"'l L I MITE D C)GENERAL C)ATFORNEY IN FACT f~TRUSTEEIS) C] GUARDIAN/CONSERVATOR [~OTHER: SIGNER IS REPRESENTING: (Name of Personla) or Entity(lea) R,J, NOBLE COMPANY RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNER(S) ~]INDIVIDUAL(SI ~]CORFORATE OFFICER(S( [~PARTNER($) I-1 LIMITED DGENERAL nA1TORNEY IN FACT ~TRUSTEE(S) [~ GUARDIAN ICONSERVATOR C]OTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Entity(les) WOLCOTTS FORM 63240 Rev. 3-94 Iprice clas~ 8-2A] (~1994 WOLCOTTS FORMS. INC. ALL PU~RPOSE &CKNOWLEDGMENT ~VITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW02-03 PAVEMENT REHABILITATION PROGRAM- RANCHO CALIFORNIA ROAD This is to certify that R.J. NOBLE COMPA.N~ , (hereinafter the "CONTRACTOR'') declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the bull.ding, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW02-03, PAVEMENT REHABILITATION PROGRAM - RANCHO CALIFORNIA ROAD, situated in the City of Temecula, State of California, more particularly described as follows: PROJECT NO. PW02-03, PAVEMENT REHABILITATION PROGRAM-RANCHO CALIFORNIA ROAD INSERT ADDRESS OR DESCRIBE LOCATION OF WORK The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice againSt of any unpaid sums owing to the CONTRACTOR. Further, in conneCtion with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute None Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: January 7, 2003 CONTRACTOR ~'- ,,/"Signature Michael J. Carver, President Print Name and Title RELEASE R-1 PJ, CIRPROJ E CTb'~°W02~°W02~)3 Rehab~RehabSpecsgbl.doc State of County of CALIFORNIA ORANGE On 01/07/03 before me, Pamela Kitchens {DATEI (NAME/TITLE OF OFFICER-i,e."JANE DOE. NOTARY PUSLIC°I personally appeared Michael J. Carver, President of R.J. NOBLE COMPANY [] personally known to me OR [] ~asis of satisfactory . evidence to' be the pefsOn(s~ whose name(~) m/er-e- subscribed to the within instrument and acknowledged to me that h e/she-/tt~-=~, executed the same in his/haler authorized capacity(~,es), and that by his/hcr/thclr signature(~) on the instrumentthe person(~), or the entity upon behalf c of which the person(c,,) acted, executed the ~BuG _ CALiFORNiA O0 instrument. 0 ~ ORANGE COUNffY '-' ~] MyCommissionExpires Nove~ Witness my hand and official seal, )SEAL) )SIGNATURE OF NOTARY) · ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE T~l~.or Type of Docun~ent MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Signer(s) Other 'lhan Named Abov~ RIGHT THUMBPRINT )Optional) CAPACITY CLAIMED BY SIGNER)S) DINDIVIDUAL)S) [~CORPORATE OFFICER(S) [~PARTNER(S) E]LIMITEO E]GENERAL E]A~rORNEY IN FACT []TRUSTEE)S) E] GUARDIAN/CONSERVATOR F'IOTHER: SIGNER IS REPRESENTING: IName of Personls) o¢ Ent;ty(ief) RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNER(S) E]INDIVIDUAL(S) E]CORPORATE OFFICER(S) [~PARTNER)S) E] LIMITED E]GENERAL E]ATrORNEY IN FACT E]THUSTEE(S} [~ GUARDIAN/CONSERVATOR OOTHER: SIGNER IS REPRESENTING: (Name of Parson(s) or Entitylias) III!!I!!IJlI_U!!!III ITEM 11 TO: FROM: DATE: SUBJECT: CiTY OF TEMECULA AGENDA REPORT APPROVAL ~/~,~, x'~ CITY ATTORNEY ~11 DIRECTOR OF FINANCE.~_~--,'~I City ManagedCity Council ~William G. Hughes, Director of Public Works/City Engineer January 28, 2003 Award of Construction Contract for the Asphalt Crackfill Project - Various Streets, FY2002-2003 - Project No. PW02-24 PREPARED BY: ~f2~reg Butler, Principal Engineer .--~ Eric Weck, Assistant Engineer RECOMMENDATION: That the City Council: Award a construction for the Asphalt Crackfill Project for FY2002-2003 to Global Road Sealing, Inc. in the amount of $77,600 and authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of $7,760.00, which is equal to 10% of the contract amount. BACKGROUND: On November 26, 2002 the City Council approved the Construction Plans and Specifications and authorized the Department of Public Works to solicit construction bids for the subject project. BACKGROUND: This Asphalt Crackfill Project is part of the Annual Street Maintenance Program. The project involves removing debris from cracks in the road surface and filling the cracks with an asphalt crackfiller material. This will inhibit the infiltration of water into the road structural section and prolongs the service life of the pavement. The roads included in this project are: · Rancho California Road · Via Puesta del $ol · Ynez Road · Paseo Brillante · Rancho Vista Road · Paseo Rayo del Sol · Meadows Parkway · Via Beso del Sol · Margarita Road · Via Cuesta al Sol · SolanaWay · Paseo Sonrisa del Sol · Winchester Road · Avenida Cima del Sol · Business Park Drive · Single Oak Drive · Pauba Road 1 R:~AGENDA REPORTS~2003~012803~PW02-24 CRACK award. DOC Three (3) bids were received and publicly opened on January 8, 2003. The results of the bid opening are as follows: 1. Global Road Sealing, Inc. $ 77,600.00 2. RCSI $ 80,725.00 3. Rubberized Crackfiller Sealant, Inc $150,000.00 A copy of the bid summary is available for review in the City Engineer's office. The Engineering estimate was $53, 000.00. The bid price for the traffic control item of work exceeded the engineer's estimate by more than 100%. FISCAL IMPACT: Adequate funds have been budgeted in the Public Works Department, Maintenance Division, Routine Street Maintenance Fiscal Year 2002-2003 Operating Budget Account No. 001-164-601-5402 for Project No. PW02-24. The total project cost is $85,360.00, which includes the contract amount of $77,600.00 plus 10% contingency amount of $7,760.00. ATrACHMENTS: 1. Contract 2. Location map 2 R:~AGENDA REPORTS~003~012803~PW02-24 CRACK award. DOC CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW02-24 ASPHALT CRACKFILL PROJECT- VARIOUS STREETS THIS CONTRACT, made and entered into the 28th day of January, 2003_,by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Global Road Sealing, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1.8, CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW02- 24, ASPHALT CRACKFILL PROJECT - VARIOUS STREETS, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (Latest Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc. (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW02-24, ASPHALT CRACKFILL PROJECT - VARIOUS STREETS. Copies of these Standard Specifications are available from the publisher: Building News, Incorporated 1612 South Clementine Street Anaheim, CA 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provision, and Technical Specifications for PROJECT NO. PW02- 24, ASPHALT CRACKFILL PROJECT - VARIOUS STREETS. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT CA-1 R:\CIP~PROJECTS~PW02\PW02-24 Crackflll~specs\Contract.doc The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW02-24, ASPHALT CRACKFILL PROJECT - VARIOUS STREETS All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: SEVENTY SEVEN THOUSAND SIX HUNDRED DOLLARS and NO CENTS ($77,600.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed twenty five (25) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. PAYMENTS LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be CONTRACT CA-2 R:\CIP~PROJECTS/PW02\PW02-24 Crackfil~pecs\Contract doc made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. CONTRACT CA-3 R:\CIP\PROJECTS~'WO2~PW02-24 Crac~t~specs\Contract.doc 10. 11. 12. 13. 14. 15. 16. 17. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or podion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. TIME OF THE ESSENCE. Time is of the essence in this contract. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and CONTRACT CA~ R:\CIP\PROJ ECTS~°W02~PW02-24 Cracktill~specs\Contract.doc 18. 19. 20. 21. 22. places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: William G. Hughes Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: William G. Hughes Director of Public Works/City Engineer City of Temecula 43200 Business Park Drive Temecula, CA 92590-3606 CONTRACT CA-5 R:\CIP\PROJECTS~PW02\PW02-24 CrackfilAspecs\Conffact.doc IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Global Road Sealing, Inc. 6341 Klamath Dr. Westminster, CA 92683 (714) 893-0845 Tri La, President DATED: CITY OFTEMECULA APPROVED AS TO FORM: Jeffrey E. Stone, Mayor Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk CONTRACT CA~ R:\CIP~PROJECTS\PW02\PW02-24 C racldill~specs\ContracLdoc ITEM 12 ORDINANCE NO. 03-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING PARTICIPATION IN THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM AND ADDING CHAPTER 15.08 TO THE TEMECULA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Title This Ordinance shall be known as the '~Vestern Riverside County Transportation Uniform Mitigation Fee Program Ordinance" and shall be added as Chapter 15.08 of the Temecula Municipal Code. Section 2: Findings The City Council of the City of Temecula hereby finds and declares: A. The Board of Supervisors has been informed and advised, and has found, that future development within Western Riverside County and the cities therein will result in traffic volumes exceeding the capacity of the Regional System of Highways and Arterials (the "Regional System") as they presently exist. A map depicting the boundaries of Western Riverside County and the Regional System is attached hereto as Exhibit "A" and made a part hereof. B. The Board of Supervisors has been further informed and advised, and has found, that if the capacity of the Regional System is not enlarged, the result will be substantial traffic congestion in all parts of Western Riverside County, with unacceptable Levels of Service throughout Western Riverside County by 2025. C. The Board of Supervisors has been further advised, and has found, that funds will be inadequate to fund construction of the Regional System needed to avoid unacceptable levels of traffic congestion and related adverse impacts. Absent a Transportation Uniform Mitigation Fee (TUMF), existing and known future funding sources will be inadequate to provide the necessary improvements to the Regional System, resulting in an unacceptably high level of traffic congestion with and around the City and within Western Riverside County. D. The County is a Member Agency of the Western Riverside Council of Governments (WRCOG), a joint powers agency consisting of the County of Riverside, and fourteen other cities situated in Western Riverside County. Acting in concert, the Member Agencies of WRCOG developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System could be made up in part by a Transportation Uniform Mitigation Fee on future residential, commercial and industrial development. As a Member Agency of WRCOG, the County participated in preparation of that certain '~/estern Riverside County Transportation Uniform Mitigation Fee Nexus Study", dated October 18, 2002, and prepared pursuant to Government Code Section 66000 et. seq., the Mitigation Fee Act (the "Nexus Study"). E. The Board of Supervisors has reviewed the Nexus Study, and has found that future development within the County of Riverside and the cities will substantially adversely R:/Ords 2003/Ords 03-01 1 affect the Regional System, and that unless such development contributes to the cost of improving the Regional System, the System will operate at unacceptable Levels of Service. F. The Board of Supervisors has found and determined that the failure to mitigate growing traffic impacts on the Regional System within Western Riverside County will substantially impair the ability of public safety services (police and fire) to respond. The failure to mitigate impacts on the Regional System will adversely affect the public health, safety and welfare. G. The Board of Supervisors has found and determined that there is a reasonable and rational relationship between the use of the TUMF and the type of development projects on which the fees are imposed because the fees will be used to construct the transportation improvements that are necessary for the safety, health and welfare of the residential and non- residential users of the development projects on which the TUMF will be levied. H. The Board of Supervisors has found and determined that there is a reasonable and rational relationship between the need for the improvements to the Regional System and the type of development projects on which the TUMF is imposed because it will be necessary for the residential and non-residential users of such projects to have access to the Regional System. Such development will benefit from the Regional System improvements and the burden of such development will be mitigated in part by the payment of the TUMF. I. The Board of Supervisors has found and determined that the cost estimates set forth in the Nexus Study are reasonable cost estimates for constructing the Regional System improvements, and that the amount of the TUMF expected to be generated by new development will not exceed the total fair share cost to such development. J. The City Council of the City of Temecula has independently reviewed all the facts and evidence in the record and hereby finds and declares that they concur with and adopt the findings made by the Board of Supervisors as set forth above. K. The fees collected pursuant to this Ordinance shall be used to help pay for the construction and acquisition of the Regional System improvements identified in the Nexus Study. The need for the improvements is related to new development because such development results in additional traffic, thus creating the demand for the improvements. L. By notice duly given and published, the City Council set the time and place for a public hearing on the Nexus Study and the fee proposed thereunder, and at least ten (10) days prior to the hearing, the City made the Nexus Study available to the public. M. At the time and place set for the hearing, the City Council duly considered that data and information provided by the public relative to the cost of the services for which the fees are proposed and all other comments, whether written or oral, submitted prior to the conclusion of the hearing. N. The City Council finds that the Nexus Study proposes a fair and equitable method for distributing a portion of the unfunded costs of improvements to the Regional System. O. The City Council hereby adopts the Nexus Study, which Study is attached hereto as Exhibit "B" and incorporates it herein as though set forth in full. R:/Ords 2003/Ords 03-01 2 Section 3: Definitions For the purpose of this Ordinance, the following words, terms and phrases shall have the following meanings: A. "Development Project" or "Project" means any project undertaken for the purpose of development including the issuance of a permit for construction. B. "Gross Acreage" means the total property area as shown on a land division map of record, or described through a recorded legal description of the property. This area shall be bounded by road right-of-way and property lines. C. "Gross Floor Area" means the sum of the gross horizontal areas of the several floors of a building or habitable structure from the exterior face of exterior walls, or from the centerline of a wall separating two buildings. D. "Industrial Project" means any development project, at the time of issuance of any building permit, in where manufacturing, assembly, processing, packaging, or storage of products takes place and as further defined by the following zoning designations identified in the Light Industrial and Business Park Zones or within a similarly defined planning area within an adopted specific plan, as defined in Title 17 of the Temecula Municipal Code. E. "Low Income Residential Housing" means residential units in publicly subsidized projects constructed as housing for Iow-income households as such households are defined pursuant to Section 50079.5 of the Health and Safety Code. "Publicly subsidized projects," as the term is used here[n, shall not include any project or project applicant receiving a tax credit provided by the State of California Franchise Tax Board. F. "Multi-Family Residential Unit" means a development project that has a density of greater than six (6) residential dwelling units per acre. G. "Non-Residential Unit" means each square foot of gross floor area (or fraction thereof) of retail, commercial and industrial development, which is designed primarily for non- dwelling use, but shall include hotels and motels. H. "Residential Dwelling Unit" means a building or portion thereof used by one (1) family and containing but one (1) kitchen, which are designed primarily for residential occupancy including single-family and multi-family dwellings. "Residential Dwelling Unit" shall not include hotels or motels. I. "Retail Commercial Project" means any development project in a commercial zone at the time of issuance of any building permit that is not defined as a Service Commercial project shall be subject to the Retail Commercial fee; and as further defined by the following zoning designations identified in the Neighborhood Commercial, Community Commercial, Highway Tourist Commercial, and Service Commercial Zones or within a similarly defined planning area within an adopted specific plan, as defined in Title 17 of the Temecula Municipal Code. J. "Service Commercial Project" means any development project that is predominately dedicated to business activities associated with professional or administrative services, and typically consist of corporate offices, financial institutions, legal and medical offices, and as further defined in the Professional Office Zone or within a similarly defined R:/Ords 2003/Ords 03-01 3 planning area within an adopted specific plan, as defined in Title 17 of the Temecula Municipal Code. K. "Single-Family Residential Unit" means each residential dwelling unit in a development that has a density of six (6) units to the acre or less. Section 4: Establishment of the Transportation Uniform Mitigation Fee A. Adoption. There is hereby adopted the following schedule of fees: $ 6,650 per Single-Family Residential Unit $ 4,607 per Multi-Family Residential Unit $1.45 per Square Foot of Gross Floor Area of an Industrial Project $ 7.81 per Square Foot of Gross Floor Area of a Retail Commercial Project $ 4.84 per Square Foot of Gross Floor Area of a Service Commercial Project B. Fee Calculation. i. For non-residential projects, the fee rate utilized shall be based upon the predominated use of the building or structure identified in the building permit as further specified in the TUMF Administration Plan. ii. For non-residential projects, the fee shall be calculated on the total square footage of the gross floor area of the building or structure identified in the building permit and as further specified in the TUMF administration plan. C. Fee Adjustment. The fee schedule may be periodically reviewed and the amounts adjusted by the WRCOG Executive Committee. By amendment to this Ordinance, the fees may be increased or decreased to reflect changes in actual and estimated costs of the Regional System including, but not limited to, debt service, lease payments and construction costs. The adjustment of the fees may also reflect changes in the facilities required to be constructed, in estimated revenues received pursuant to this Ordinance, as well as the availability or lack thereof of other funds with which to construct the Regional System. WRCOG shall review the TUMF program within two (2) years of the effective date of this Ordinance and no less than every five (5) years thereafter. D. Purpose. The purpose of the TUMF is to fund those certain improvements to the Regional System depicted on Exhibit A and identified in the Nexus Study, Exhibit B. E. Applicability. The TUMF shall apply to all new development within the existing and future City boundaries, located within the County of Riverside, as identified by Exhibit C, unless otherwise exempt hereunder. F. Exemptions. The following new development shall be exempt from the TUMF: i. Low-income residential housing. ii. Government/Public buildings, public schools and public facilities. iii. The rehabilitation and/or reconstruction of any legal, residential structure and/or the replacement of a previously existing dwelling unit. R;/Ords 2003/Ords 03-01 4 iv. The rehabilitation and/or reconstruction of any non-residential structure where there is no net increase in square footage. Any increase in square footage shall pay the current applicable rate. v. Development Projects, which are the subject of a Public Facilities Development Agreement entered into pursuant to Government Code, Section 65864 et. seq. prior to the effective date of this Ordinance, wherein the imposition of new fees are expressly prohibited provided that if the term of such a Development Agreement is extended after the effective date of this Ordinance; the TUMF shall be imposed. vi. Guest Dwellings as defined in Chapter 17.06 of the Temecula Municipal Code. vii. Additional single-family residential units located on the same parcel pursuant to the provisions of any agricultural zoning classifications as defined in Title 17 of the Temecula Municipal Code. viii. Kennels and Catteries established in connection with an existing single- family residential unit as defined in Title 17 of the Temecula Municipal Code. ix. Detached Second Units and Attached Second Units pursuant to Chapter 17.06 of the Temecula Municipal Code. x. The sanctuary building of a church or other house of worship, eligible for a property tax exemption. xi. Residential projects that have been issued a building permit prior to the effective date of this Ordinance. xii. June 30,2004. Non-Residential projects that have been issued a building permit prior to G. Credits. Regional System improvements may be credited toward the TUMF in accordance with the TUMF Administration Plan and the following: Regional Tier i. Arterial Credits: If a developer constructs arterial improvements identified on the Regional System, the developer shall receive credit for all the costs associated with the arterial component based on approved unit cost assumption for the Regional System. ii. Other Credits: In special circumstances, when a developer constructs off-site improvements such as an interchange, bridge, or railroad grade separation, credits shall be determined by WRCOG and the local jurisdiction in consultation with the developer. iii. The amount of the development fee credit shall not exceed the maximum amount determined by the most current unit cost assumption for the Regional System or actual costs, whichever is less. R:/Ords 2003/Ords 03-01 5 Local Tier iv. The local jurisdictions shall compare facilities in local fee programs against the Regional System and eliminate any overlap in its local fee program except where there is a recognized benefit district established. v. If there is a recognized benefit district established, the local agency may credit that portion of the facility identified in both programs against the TUMF. Section 5: Reimbursements: Should the developer construct network improvements in excess if the TUMF fee obligation, the developer may be reimbursed based on actual costs or the approved unit cost assumptions, whichever is less at the time of the agreement. Reimbursements shall be enacted through a three party agreement including the developer, WRCOG and the local jurisdiction, contingent on funds being available. In all cases, however, reimbursements under such special agreements must coincide with construction of the transportation improvements as scheduled in the fiver-year Capital Improvement Program adopted annually by WRCOG. Section 6: Procedures for the Levy, Collection and Disposition of Fees A. Authority of the Building Department. The Director of Building & Safety, or his/her designee, is hereby authorized to levy and collect the TUMF and make all determinations required by this Ordinance. B. Payment of the fees. i. The fees shall be paid at the time a building permit is issued for the Development Project. ii. For non-residential projects the fees shall be phased in as follows: From July 1, 2004 to June 30, 2005, the fee schedule shall be: $0.48 per Square Foot of Gross Floor Area of an Industrial Project $2.60 per Square Foot of Gross Floor Area of a Retail Commercial Project $1.61 per Square Foot of Gross Floor Area of a Service Commercial Project From July 1, 2005 to June 30, 2006, the fee schedule shall be: $0.96 per Square Foot of Gross Floor Area of an Industrial Project $5.20 per Square Foot of Gross Floor Area of a Retail Commercial Project $3.23 per Square Foot of Gross Floor Area of a Service Commercial Project On July 1,2006 and thereafter, the fee schedule shall be: $1.45 per Square Foot of Gross Floor Area of an Industrial Project $7.81 per Square Foot of Gross Floor Area of a Retail Commercial Project $4.84 per Square Foot of Gross Floor Area of a Service Commercial Project R:/Ords 2003/Ords 03-01 6 iii. The fees required to be paid shall be the fee amounts in effect at the time of payment. iv. If all or part of any development project is sold prior to payment of the fee, the property shall continue to be subject to the requirement for payment of the fee, accordingly, the fees shall run with the land. v. Fees shall not be waived. C. Disposition of Fees, All fees collected hereunder shall be transmitted to the Executive Director of WRCOG within thirty (30) days for deposit, investment, accounting and expenditure in accordance with the provisions of this Ordinance and the Mitigation Fee Act. D. Appeals. Appeals shall be filed with WRCOG in accordance with the provisions of the TUMF Administration Plan. Appealable issues shall be application of the fee, application of credits, application of reimbursement, application of the legal action stay and application of exemptions. E. Reports to WRCOG. The Director of Building & Safety, or his/her designee, shall prepare and deliver to the Executive Director of WRCOG, periodic reports as will be established under Section 8 of this Ordinance. Section 7: Effect of Legal Action on Non-Residential Projects. If a legal action, including a referendum, is filed prior to the effective date of this Ordinance or during the phase in period of the fee program, and the legal action seeks to set aside, void or annul the City's approval of a non-residential project, the phasing schedule set forth in Section 6 shall be stayed. The stay shall only remain in effect for a period of 18 month from the time the legal action was filed, or until a final, non-appealable order is issued by the court or a settlement agreement is executed, whichever come first. Once the stay is no longer in effect, the period remaining in the phasing schedule shall again commence to run. Section 8: Appointment of TUMF Fund Administrator WRCOG is hereby appointed as the Administrator of the Transportation Uniform Mitigation Fee Program. WRCOG is herby authorized to receive all fees generated from the TUMF within the County, and to invest, account for and expend such fees in accordance with the provision of this Ordinance and the Mitigation Fee Act. Detailed administrative procedures concerning the implementation of this Ordinance shall be set forth in a resolution adopted by WRCOG. WRCOG shall expend only that amount of the funds generated from the TUMF for staff support, audit, administrative expenses, and contract services that are necessary and reasonable to carry out its responsibilities and in no case shall the funds expended for salaries and benefits exceed one percent (1%) of the annual net amount of revenue raised by the TUMF. Section 9. Severability If any one or more of the terms, provisions or sections of this Ordinance shall to any extent be judged invalid, unenforceable and/or voidable for any reason whatsoever by a court of R:/Ords 2003/Ords 03-01 7 competent jurisdiction, then each and all of the remaining terms, provisions and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable. Section 10. Environmental Review The potential improvements to be funded through the TUMF program represent components of the adopted General Plan that has already received the appropriate review when the General Plan was approved. Based upon this fact, the City Council hereby finds that the adoption of this ordinance is exempt from further review pursuant to CEQA Guideline Sections 15162(a) and 15061 (b)(3) of the CEQA Guidelines. Section 15162 states that when an EIR has been certified for a project, no additional environmental review is required unless there is substantial evidence that the project has changed. The Final EIR for the City General Plan was certified on November 9, 1993. Section 11. Effective Date This Ordinance shall take effect on the 61 s~ day following its enactment. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula the 28~ day of January, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:/Ords 2003/Ords 03-01 8 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 03-01 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 14th day of January, 2003, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 28th day of January, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Ords 2003/Ords 03-01 9 t % I ITEM 13 ORDINANCE NO. 03-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE REGIONAL CENTER SPECIFIC PLAN (SP-7) TO REMOVE ONE PARCEL (LOT 1 OF PM 30107) FROM THE REGIONAL CENTER SPECIFIC PLAN (SP-7), GENERALLY LOCATED AT THE SOUTHEAST CORNER OF OVERLAND DRIVE AND YNEZ ROAD (PLANNING APPLICATION NO. 02-0510). WHEREAS, the Applicant submitted an Application for a Specific Plan Amendment on August 24, 2001; and WHEREAS, the Planning Commission held a duly noticed public hearing on November 20, 2002, and recommended that the City Council approve the attached amendments to the City Zoning Map; and WHEREAS, this Ordinance complies with ail the applicable requirements of State law and local ordinances; and, WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, Ioeal newspaper, and the project site; and, WHEREAS, the City Council held a duly noticed public hearing on January 14, 2003 to consider the proposed amendments to the Regional Center Specific Plan. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendments To The Reqional Center Specific Plan (SP-7). The City Council hereby amends the Regional Center Specific Plan (SP-7) for the City of Temecula for the parcel identified as Lot 1 of Parcel Map 30107 by removing all references to Planning Area 3 of the Specific Plan from all text and exhibits as identified in Exhibit A (Attached). Section 2. Environmental Review. The City Council, based upon the information contained in the Initial Environmental Study and Negative Declaration prepared for this project, finds that the impacts of the proposed amendment is accurately described and discussed and hereby adopts a Negative Declaration. Section 3. Severability The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 4. Notice of Adoption The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Section 5. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. R:/Ords 2003/Ords 03-__ 1 Section 6. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Councilmembers voting thereon, it shall be published in a newspaper published and circulated in said City. Section 7. PASSED, APPROVED AND ADOPTED this 28th day of January, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 03-02 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 14th day of January, 2003 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 28th day of January, 2003, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Ords 2003/Ords 03-__ 2 EXHIBIT A The following pages of the Regional Center Specific Plan have been changed to remove all references for Planning Area 3 from all text, graphics, and acreage tabulations: · Page ii of the Table of Contents (not numbered) · Page v of the Table of Contents (not numbered) · Pages 11-3 & 11-4 · Pages 111-3 & 111-4 · Page 111-10 · Page 111-16 · Pages 111-18 & 111-19 · Page 111-22 · Page 111-25 · Pages 111-29 & 111-30 · Page 111-34 · Pages 111-47 through 111-62 · Page 111-65 · Page 111-70 · Page IV-2 · Pages IV-42through IV-44 Copies of these pages (Redline/Strikethrough) are attached to this Exhibit on the following pages: R:\G P A\PA01-0418 Eli Lilly~Agenda Report CC 01-14-03.doc 11 7. Project Phasing Plans ......................................................................... 1~-27 a. Project Phasing Plan Description ........................................... 111-27 b. Project Phasing Standards .............. , ....................................... i1~-27 8. Maintenance Plan ............................................................................... a. Master Regional Center Association ...................................... I~-30 b. Project Roadways ................................................................... Ill-30 PLANNING AREA DEVELOPMENT STANDARDS ................................ lift-31 1. Planning Area 1 .............................................................. HI-32 a.. Descriptive Summary ............................................................. 111-32 b. Land Use Development Standards ......................................... 111-41 c. Planning Standards ................................................................. III-41 2. Planning Area 2 .................................................................................. ]]I-43 a. Descriptive Summary ........................................... ; ................. ][11-43 b. Land Use Development Standards ......................................... ffl-43 c. Planning Standards ................................................................. I11-43 ........... ~,,urea 3 .................................................................................. I]I45 a ....... v ..... :tartary ............................................................. Ill 45 c ~'~;~ ~a.'~dard .................................................................. m 45 ZONING ORDI]XlANCE ................................................................................ 11147 1. Uses Permitted .................................................................................... 11147 2. Development Standards ................................................................. ; .... 111-57 3. Exceptions to Development Standards ............................................... I]I-65 DESIGN GUIDELINES ............................................................................................ IV-1 A. PURPOSE AND INTENT ~ .............................................................................. IV-1 B. LANDSCAPE GUIDELINES .......................................................................... IV-1 1. Landscape Architectural Guidelines ..................................................... 1V-1 a. Introduction .............................................................................. 1V-1 b. Streetscenes .............................................................................. IV.4 c. Entry Monuments .......................................................... '. ........ IV-13 d. Mall Option - Landscape Requirements ................................. IV-22 e. Commercial/Hotel/Office Landscape Requirements - Excluding Mall Landscape/Institutional ................................ IV-23 f. Maintenance Responsibility ................................................... IV-23 2. Plant Material Guidelines ................................................................... IV-23 Introduction ............................................................................ IV-23 Landscape Development Zone Tree Palette ........................... IV-24 Community Plant Palette ........................................................ IV-25 Planting Time ......................................................................... IV-29 General Landscape Requirements .......................................... 1!/-29 Climate Constraints ................................................................ 1V-30 Horticultural Soils Test Requirements ................................... IV-31 Irrigation ................................................................................. IV-31 LIST OF FIGURES No. FIGURE PAGE lA Regional Map ....................................................................... .............' ...................... II-21B1B Aerial Photograph ............................................................................................................ 1I-3 2 Vicinity Map .................................................................................................................... 11-4 3 Specific Land Use Plan ................................................................................................... 111-3 4 Circulation Plan ................................................... ~ .......................................................... 11I-9 5A Roadway Cross Sections ............................................................................................... III-12 5B Roadway Cross Sections ...................................................... i ........................................ 11L13 6 Drainage Plan ..................................................................................... : .......................... 1TI-15 7 Water Plan ..................................................................................................................... 111-17 8 Sewer Plan .* ................................................................................................................... 1Ti-18 9 Grading Concept ........................................................................................................... 111-21 10 Landscaping Plan .......................................................................................................... 111-24 11 Conceptual Phasing Plan ............................................................................................... 1]][-29 12A Planning Area 1 ................................................................................... . .......................... ITL33 12B Illustrative Site Plan - Main Street Concept .................................................................. I11-34 12C Main Street Concept.(Detail) ................................................................... :..lTL35 · AA 12D Planmng Area 2 ............................................................................................................ ~l]I .. .13 Conceptual Landscape Plan ........................................................................................... IV-2 14 Major Community Streetscene Winchester Road Section ............................................. IV-5 15 Major Community Streetscene Winchester Road Plan View ........................................ IV-6 16 Major Community Streetscene Ynez Road Section ....................................................... IV-8 17 Major Community Streetscene Ynez Road Plan View ............................... , .................. IV-9 18 Major Community Streetscene Margarita Road Section ............................................. IV-11 19 Major Community Streetscene Margarita Road Plan View ......................................... IV-12 20 Minor Community Streetscene Overland Drive Section ............................................. IV-14 21 Minor Community Streetscene Overland Drive Plan View ......................................... IV-15 22 Regional Center Monumentation Plan View .......................................................... :.... IV-17 23 Major Entry Monumentation Plan View ...................................................................... IV-18 24 Major Entry Monumentation Elevation ....................................................................... 1V-19 25 Minor Entry Monumentation Plan View ..................................................................... IV-20 26 Minor Entry Monumentation Elevation ....................................................................... IV-21 26A Site Coverage ................................................................................................................ 1V-34 26B Building Setbacks ......................................................................................................... 1V-35 26C Site Section ................................................................................................................... IV~36 26D Service Area and Refuse Collection Area Section ........................................................ IV-39 27A Illustrative Site Plan (Alternative 1) ............................................................................ IV-42 27B Illustrative Site Plan (Alternative 2) ............................................................................ IV-43 27C Illustrative Site Plan (Alternative 3) ............................................................................. IV-44 AERIAL PHOTOGRAPH K.C.D.C. 27555 Ynez Road, Suite 202, Tetnecula, Ca. 92591 TEMECULA REGIONAL CENTER FIGURE lB. ?ICINI.TY MAP K.C.D.C' ' 27555 Ynez Road, Suite202, Temecula, Ca. 92591 T~.MECUr,~, REGIONAL CENTER FIGURE 2 Ill 0 z 0 Z m 0 Z ! I .1' i C. ZON~G ORDINANCE The following regulations shall apply in the Mixed Use Zone of Planning Area 1, and the Commercial/Support Commercial Zone of Planning Area 2 ................................ ~ 1. Uses Permitted The following uses are permitted in the Mixed Use Zone of Planning Area 1, and Commercial/Support Commercial Zone of Planning Area 2, a.':~ ~e ~ua!ne:: Park 7,Zz~ae ~a~m--3, provided a development plan has been approved pursuant to City Ordinances. Where indicated with a letter "P" the use shall be a permitted use. Where indicated with a "X", the use is prohibited within the zone. A letter "C" indicates the use shall be conditionally permitted subject to the approval of a Conditional Use Permit.' TABLE HA Sc.u ~:OULE OF PERMrFrt~v USES PI g Areas'l and 2 annin · Planning Area DESCRIFrION OF USE Aerob~cs/Dance/lazzerc~se/Mamal Al'ts Studios (less than 5;000 sq. ft.) P P Aerobics/Dance/Jazzercise/Martial Arts Studios (5,000 sq. ft. and greater) P P Alcoholism or Drug Abuse Recovery or Treatment Facility (six or fewer). P X Alcoholism Or Drag Abuse Recovery or Treatment Facility (seven or more) X X Ambulance Services p p ia Animal Hospital/Shelter C · C Antique Restoration C C Antique Sales P P 111-50 TABLE HA SCm~ULE OF PERMittED USES Planning Areas ls and 2 an~ 2 Planning Area DESCRIPTION OF USE I 2 Apartment Houses, Stacked Flats and Multiple-Family Dwellings, including Stacked Flat~ built over or in conjunction with Commercial or Office Uses. P X ~ Appliance Stores, Household P P G An Supply Shops anti Studios P P la Auction Houses P P G Auditoriums and Cenfemuce Rooms P P B Automobile Parts and Supply . Stores p p ~ Automobile Repair Garages, not including Body and Fender Shops or Spray Painting C P ~ Automobile Repair Garages with Body and Fender Shops or Spray Painting C C ~ Automobile Sales and Rental Agencies C P ~g Bakery Goods. Distribution p p ia Bakery Retail P P G Banks and Financial Institutions P P la Barber and Beantv Shous P P la Bars and Cocktail Lounges, not including Establishments with Live Entertainment C P G III-51 T~i~ II~ SCHEDULE OF PERMH-r~o USES Planning Areas 1~ and 2 .~nn.. 2 Planning Area DESCRIPTION OF USE 1 2 ~ Bars and Cocktail Lounges when C · C ~ Associated with Live Entertainment Bicycle Sales and Rentals P P X Billiard and Pool Halls C P X Bluetn~nt and Duolicating and P P t Boat and Other Mafifie Sales X P ~ Book Stores and Binders P P ~ Boarding, Rooming and Lode. lng X X ~ Bowling Alleys P P ~ Building Materials Sales Yards C C - ~ Car Washes P P ~ Carpet and Rug Cleaners X X G Catering Services P P : la Ce~mic Sales and Manufacturing for on-site sales, provided the total volume of kiln space docs not exceed 16 cubic feet. C C ~ Churches, Synagogues and Other Similar Religious Structures and Facilities including Incidental Uses such as Assembly, Work Rooms, Living Quarters of a Priest, Minister or F~mily, and Day Care and Educational Facilities "C C G Cleaning and Dyeing Shoos P P ~ Clothing Sales P P Y. HI-52 TABLE IIA SC~mDULE OF PER~TTEO USF~ Planning Areas 1~ and 2 ~_. Planning Area DESCRII'TION OF USE Communications and Microwave X X ~ Installations Computer and Typewriter Sales and Rental, including Incidental Repairs p p P Confectionery or Candy Stores P P ~ Convenience Stores,'not including the Sale of Motor Vehicle Fuel P P ~ Convenience Stores, including the Sale of Motor Vehicle Fuel C C X Costume Design Studios P P ~ Danc~ Halls C C ~ Day Care Centers and Facilities P P ~g Delicatessens P P P Department Stores P P ~ Discount Stores and Membership Warehouse Clubs C P ~ Drive-In Movie Theatem X C ~ Drag Stores and Pharmacies P P G Dry Cleanem P P B Dry Goods Stores P P ~ Educational Institutions (Public) C C G Educational Institutions (Private) C X G Iii-53 TABLE IIA SCHEDULE OF PERMITTED USES Plamfing Areas Plonning Area DESCRH~TION OF USE 1 2 Electrical Substations C C Employment Agencies P P P EnteF~ainment Lounges C C Equipment Rental Services, including Rototillers, Power Mowers, Sanders, Power Saws, Cement and Plaster I¢lixers not exceeding 10 cubic feet~in capacity, and Other Similar Equipment. C C Escort Bureaus C C Exercise, Health and Fitness Centers P P G Facilities for the Mentally Disordered, Handicapped or Dependent or Neglected C4hildren (stx or fewer) P X Facilities for the Mentally Disordered, Handicapped or Dependent or Neglected Children (seven or more) X X Feed and Grain Sales P P Fire and Police Stations P P Florist Shops P P Fortune Telling, Spkitaalism or Similar Activity C C Furniture Transfer and Storage X X la III-54 TABLE IliA SCHEDULE OF PERMITTED USES Planning Areas Plapning Area DESCRIPTION OF USE Gasoline Service Stations, not including the concurrent sale of beer and wine for off-premises consumption P Gasoline Service Stations, including the concurrent sale of beer and wine for off, premises consumption C C Gift Shops P P Goff Cart Sales and Service P P Hardware Stores, including not more than 1,000 sq. ft. of Oumide Storage P P Hardware Stores, with more than 1,000 sq. ft. of Outside Storage C C Heliports C C Hobby Shops P P Hotels, Resort Hotels and Motels p p Household Goods Sales, including but not limited to New and Used Appliances, Furniture, Carpets, Draperies, Lamps, Radios and Television Sets, including Repair Thereof P · P Ice Cream Parlor P P Interior Decorating Service p p III-55 TABLE IIA SCHEDULE OF PERMITTED USES Planning Areas Planning Area DESCRIPTION OF USE 1 2 Jewelry Stores, including Incidental Repairs P P Kennel .Ixlxl Labor Teraples P P Laboratories, including but not limited to Film, Dental, Medical, Research or Testing P P Laundries, Drycleaners and Lanndromats P P Leather Goods Stores P P Liquid Petroleum Service Stations, not including the concurrent sale of beer and wine, provided the total capacity of all tanks shall not exceed 10,000 gallons P P Liquid Petroleum Service Stations, including the concmrent sale of bec~ and wine for off-premise consumption, provided the total capadty of all tanks shall not exceed 10,000 gallons C C Liquor Stores P P Locksmith Shops P P Mail Order Businesses P P Manufacturer's Agents P P III-56 TABLE IIA SCHEDULE OF PERMtrrld) USES Planning Areas 1~ and 2 ~ Planning Area DESCRIPTION OF USE 1 2 Manufacturing of products similar to, but not limited to, the following: X X Custom-made product, processing, ' assembling, packaging, and fabrication of goods within enclosed building, such as jewchy, furniture, a~ objects,'clothing, labor intensive manufacturing, assembly, and repair processes which do not involve frequent track traffic. Markets, including but not limited to Food, Wholesale, Produce, Fruit, Vegetable, Fish, and Poultry and Meat.Markets, but not including Slaughtering P P Massage Pariors~ Turkish Baths and Similar Personal Service Establishments C C Mini-Storage or Mini-Warehouse C C Mobilehomcs, prOvided they are , kept mobile and licensed pursuant ! to State law, used for sales office on mobilehome sales lots; conslruction offices and caretaker's quarters on conslruction sites for the duration of a valid building per- mit, provided they are inconspicuously located; or caretakers or watchmen and their families, provided no rent is paid, where a permitted and existing commercial use is established. Not more than one mobilehome shall be allowed for a oarcel of land or a C C III-57 TABLE HA SCHEDULE OF PERI~'rrED USES Planning Areas 1~ and 2 and 2 Planning Area D~SCRWTION OF USE I 2 shopping center complex Multiple Family Residences P X X Music Stores P P ~ Musical and Recording Studio p p t~ News Stores P P Notions or Novelty Stores P P X Nurseries and Garden Supply Stores C C X ll~a~ Office Equipment/Supplies/Sales/Services P P t Offices, including but not limited to Business, Law, Medical, Dental, Veterinarian, Chiropractic, Architectural, Engineering, Community Planning and Real Estate, and Insurance P P P Paint and Wallpaper Stores, not including Paint Contractors P P ;g Parcel Delivery Services X X p Parking Lots and Parking S~uctures C C P Pawn Shops C C ~ Pest Cona'o] Services X X t Pet Shoos and Pet Suoolv Shoos III-58 TABLE IIA SCHEDULE OF PERMITTED USES Planning Areas Planning Area DESCRIPTION OF USE 1 and Pet Grooming P P i Photocopying Services and Stores P P P Photography Shops and Studios and Photo Engraving P P Plumbing Shops, not including Plumbing Contractor~ P P Postal Services p p ia Printers or Publishers P P ia Public Uses and Buildings including City Halls, Civic Cen- ters, Police Stations, Paramedic Facilities, Libraries, Court Houses and other similar Public Facilities P p ia Public Utility Buildings and Structures, not including Outside Storage C C Ill Radio, Microwave and Television Receiving Anmnnas, Dish Antennas and Flag Poles P X ia Radio and Television Broadcasting Studios C C G Recreational Vehicle Trailer, and Boat Storage (within an enclosed building) X X ia Recreational Vehicle Trailer, and Boat Storage X X IH-59 TABLE IIA SCItEDUI~ OF PERMI'rrg~) USES Planning Areas 1; and 2 Planning Area DESCRIFrlON OF USE I 2 (exterior yard) Recycling Collection Facilities P P G Residential Care Facilities for the Elderly (six or fewer) P X Residential Care Facilities for the Elderly (seven or more) P X Restaurants and Other Eating Establishments, not including Drive-in or Drive-tluu Restaurants or Restaurants with Bars/Cocktail Lounges that Offer Live Entertainment P P Restaurants and Other Eating Establishments with Drive-ins or Dfive-thrus or Bar/Cocktail Facilities that Offer Live Entertainment C C Retail Support Use (up to 15% of total development square footage) NA NA Sale, Rental, Repair or Demonstration of Motorcycles, Scooters and Motorbikes C C Schools, Business and Professional, including but not lim- ited to Art, Barber, Beauty, Dance, Drama, Music and Swimming p p Shoe Shine Stand p p Shoe Stores and Repair Shops P P Signs, On-site Advertising P P III-60 TABLE HA $Cm~DULE OF PERMITTEO USES Planning Areas 1~ and 2 Planning Area DESCRIPTION OF USE 1 2 Spotting Goods Stores P P Sports and Recreational Facilities, not including Motor Drive Vehicles and Riding Academies, but including Archery Ranges, Athletic Playgrounds, Sports Arenas, Skating Rinks, Stadiums andCommercial Swimming Pools C C Stationer Stores P P Ia Stations, including Bus, Light Rail, Trolley and Taxi P P Swap Meets C C Tailor Shops P P Telephone Exchanges P P Ia Theaters, not including Drive-ins P P Tire Sales and Service, not including Recapping P P Tobacco Shops p p la Tourist Information Centers P P t Toy Shops P P Travel Agencies P P Ia Track Sales and Services C P III-61 TABLE HA SCHEDULE OF PERMITTED USES Planning Areas Planning Area DESCRIFFION OF USE , Watch Repair Shops p p ia Wedding Chapels C C Wholesale Businesses with sampl~ on the premises, but not including Stemge P P I I I LEGEND P = Permitted Use C = Conditional Use X = Prohibited Use NA = Use Not Applicable to Planning Area Indicated Any use that is not specifically listed in Table HA, above, may be considered a permitted use provided that the Planning Director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsection. Such a use is subject to the permit process which governs the category in which it falls. Accessory Uses. An accessory use to a permitted use is allowed provided the accessory use is incidental to, and does not alter the character of, the principal permitted use, including, but not limited to: L'maited manufacturing, fabricating, processing, packaging, treating and incidental storage related thereto, provided any such activity shall be in the same line of merchandise or 111-62 PLANNmC. AREA 1 ONLY For apat'h~ent houses, stacked fiats and multiple-family residential uses, including stacked fiats over office or commercial uses, automobile space in Planning Area 1 shall be provided as follows: Such spaces shall be located within two hundred feet (200')' of the building to be ,~xved by the.~ spaces. A minimum of one (1) covered parking space shall be provided per dwelling unit. PI~NN~NG Am~.~,s lr Shared parking for developments with a combination of uses such as office, mixed-use, multiple-family residences, apa~'h~tents or fiats will be pennit~d in all planning areas within the Temecula Regional Center Specific Plan provided a share-parking study is prepared for the uses and approved by the City of Temecula. Automobile Loading. The number of loading and unioading spaces required are indicated on th.e following table. 7,500 - 14,999 s.f. 15,000 - 24,999 s.f: 25,000 - 39,999 s.f. 40,000 - 59,999 s.f. 60,000 - 79,999 s.f. 80,000 - 100,000 s.f. For each additional 100.000 s.f.. above 1 2 3 4 5 7 Ill-65 (7) (c) (d) project into the public right-of-way or interfere with efficient operations of emergency vehicles. Signs which prevent free access to or from any fire escape, door, window or exit, or access to any standpipe. Signs which project above a parapet or roofline or which are located upon or affixed to the roof of a building. Signs or graphics painted directly on the exterior facades of buildings. (e) (f) Landscaping or the use of annual or ornamental flowers that.form' a sign or message. (g) Signs where the entire face of the sign is illuminated rather than just the graphics, except for hotel-related signage which may be fully illuminated. (h) Graphics painted on or adhered to txash bins or their enclosures. (i) Sign cabinets with entire faces of plexiglass. (j) Any sandwich board "A" frame sign or other portable sign. (lc) Signs which identify or advertise a product or service not available on the property. (1) Any sign placed or displayed on vehicles parked primarily for the purpose Of displaying the sign. (m) Temporary signs beyond the period of display approved by City Ordinance. General Sign Specifications (for all types of signage in all areas) (a) All building-mounted signs shall meet or exceed all applicable city, state, and federal codes. All signs containing electrical components shall be conform to the Uuifonn Lighting Cede. (c) NO on-site sign shall be affixed on, above or over the roof of any building, and no on-site sign shall be affixed to the wall of a building so that it projects above the parapet of the building. For the puq~oses of this section, a mansard style roof shall be considered a parapet. III-70 1 2 Circled numbers reference Figure numbers where treatment 'CONCEPTUAL LANDSCAPE PLAN TEMECULA REGIONAL CENTER ILC. D.C. 27555 Ynez Road, Suite 202, Temecula, Ca. 92591 FIGURE 13 ILLUSTRATIVE SITE PLAN 'ALTERNATIVE TEMECULA REGIONAL CENTER K.C.D.C. 27555 Yn~ Road, SUite 202, Ten~ula, Ca. 92591 ILLUST1L4TIVE SITE PLAN ALTERNATIVE 2 TEMECULA REGIONAL CENTER E.C.D.C. 2~$$5 ~n~ Ro~l, Sntt~ 202, l",mecuta, Ca. ~2591 FIGURE"27B . ) ILLUSTRATIVE SITE PLAN ALTERNATIVE 3 K.C.D. Co Plan TEMECULA REGIONAL CE1713~R 27555 ~nez Road, 5uite 202, Temee~la, Ca. 92591 ITEM 14 ORDINANCE NO. 03-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP TO CHANGE LOT I OF PARCEL MAP 30107 FROM SP-7 TO COMMUNITY COMMERCIAL, AND LOTS 2 AND 3 OF PARCEL MAP 30107 FROM BUSINESS PARK TO COMMUNITY COMMERCIAL, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF ,OVERLAND DRIVE AND YNEZ ROAD (PLANNING APPLICATION NO. 02-0509). WHEREAS, the Applicant submitted an Application for a Zone Change on August 24, 2001; and WHEREAS, the Planning Commission held a duly noticed public hearing on November 20, 2002, and recommended that the City Council approve the attached amendments to the City Zoning Map; and WHEREAS, this Ordinance complies with ali the applicable requirements of State law and local ordinances; and, WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, local newspaper, and the project site; and, WHEREAS, the City Council has held a duly noticed public hearing on January 14, 2003 to consider the proposed amendments to the City Zoning Map. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendments to the Official Zoninq Map. The City Council hereby amends the Official Zoning Map for the City of Temecula for the area identified as Lot 1 of Parcel Map 30107 by changing the zoning designation from SP-7 to Community Commercial, and the parcels identified as Lots 2 and 3 of Parcel Map 30107 from Business Park to Community Commercial. Section 2. Environmental Review. The City Council, based upon the information contained in the Initial Environmental Study and Negative Declaration prepared for this project, finds that the impacts of the proposed amendment is accurately described and discussed and hereby adopts a Negative Declaration. Section 3. Severability The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 4. Notice of Adoption The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. R:/Ords 2003/Ords 03-03 1 Section 5. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. Section 6. This Ordinance shall be in full force and effect thirty (30) days affer its passage; and within fifteen (15) days after its passage, together with the names of the City Councilmembers voting thereon, it shall be published in a newspaper published and circulated in said City. Section 7. PASSED, APPROVED AND ADOPTED this 28th day of January, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 03-03 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 14th h day of January, 2003 and that thereaffer, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 28th day of January, 2003, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 CQUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Ords 2003/Ords 03-03 2 TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT JANUARY 14, 2003 A regular meeting of the City of Temecula Community Services District was called to order at 7:16 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Stone presiding. ROLL CALL PRESENT: 5 DIRECTORS: ABSENT: 0 DIRECTORS: Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No comments. PRESENTATIONS/PROCLAMATIONS Presentation of Gavel by out,qoinR Pres dent Stone to ncoming President Comerchero Outgoing President Stone presented the gavel to incoming President Comerchero and incoming President Comerchero presented the mounted gavel to outgoing President Stone. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of December 17, 2002. 2 Ratification of Election Results - Tract No. 23209 RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. CSD 03-0'1 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT, RECITING THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON JANUARY 6, 2003, DECLARING THE RESULTS AND OTHER MATTERS AS PROVIDED BY LAW Naggar, Pratt, Roberts, Stone, Comerchero None Minutes.csd\011403 1 3 Loma Linda - Tract Map Nos. 19872-1, -2, -3, -4, -5, and Final - Service Level C Rates and Char.qes RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. CSD 03-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL C RATES AND CHARGES FOR THE LOMALINDA TRACT BEGINNING FISCAL YEAR 2003- 2004 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH MOTION: Director Stone moved to approve Consent Calendar Item Nos. 1 - 3. The motion was seconded by Director Naggar and voice vote reflected unanimous approval. DISTRICT BUSINESS 4 Wolf Creek Sports Complex Master Plan RECOMMENDATION: 4.1 Approve, in its substantial form, the conceptual master plan for the 43-acre Sports Complex in the Wolf Creek Development; 4.2 Award a contract of $621,500 to RJM Design Group for the preparation of construction documents plus a 10% contingency of $62,150 for the project; 4.3 Authorize release of a formal public bid for the Sports Complex project. Community Services Director Parker reviewed the staff report (as per agenda material), stating that the proposed project is funded and commenting on the following: · Location · Size · Design Subcommittee · Complex facilities including four synthetic turf fields By way of a PowerPoint presentation, Mr. Bob Mueting of RJM Design presented the Master Plan, highlighting the following: · Site analysis · Workshops/site tour · Subcommittee likes/dislikes · Complex facilities · Parking/ingress/egress Minutes.csd\011403 2 In response to the Directors, Community Services Director Parker and Mr. Mueting advised of the following: · That the synthetic turf has a life expectancy of 12 to 15 years; that no maintenance will be required; · That a concession stand will be included in the first phase · That over a mile of trails will be provided · That the proposed illustration does reflect the appropriate amount of landscaping although it may appear more mature. Director Naggar recommended the use of public art throughout the complex. For Director Roberts, it was noted that the Community Services Commission will be addressing the naming of the complex. Commending Mr. Mueting on a job well done with incorporating the Subcommittee's recommendations, Director Stone requested that the plan include a good distribution of drinking fountains and bathrooms. It was noted for Director Stone that the anticipated project bid date would be SeptembedOctober. In response to Director Stone's request to commit to a bid date of six months from now, Mr. Mueting commented on the legal matters that need to be completed prior to his efforts on the topographical survey. Following additional discussion with regard to the six month timeframe and its possible restrictions, it was the consensus of the District that the Master Plan be reagendized for the July 8, 2003, District meeting for a status report status report. Director Comerchero commented on the top qualities amenities this $14 million sports complex will provide to this community. MOTION: Director Roberts moved to approve the item as per the staff recommendation with the addition that the item be readdressed at the July 8, 2003, District meeting for a status report. The motion was seconded by Director Naggar and voice vote reflected unanimous approval, DIRECTOR OF COMMUNITY SERVICES REPORT No comment. GENERAL MANAGER'S REPORT General Manager Nelson briefly reiterated the benefits of the synthetic turf fields. Minutes,csd\011403 3 BOARD OF DIRECTORS' REPORTS No additional comments. ADJOURNMENT At 10:03 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, February 11, 2003, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] Minutes.csd\011403 4 ITEM 2 APPROVAL CITY MANAGER (~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors Herman D. Parker, Director of Community Serviee~_~" January 28, 2003 Children's Museum Project No. PW02-01CSD RECOMMENDATION: That the Board of Directors: Approve an increase to the contingency in the amount of $30,600 for R.E. Fleming Construction, Inc., for additional tenant improvements and authorize the General Manager to approve change orders not to exceed the contingency amount of $82,782. 2. Approve a contract with 2H Construction for $137,423 plus a 10% contingency in the amount of $13,742 for emergency building repairs and adopt a Resolution entitled: RESOLUTION NO. CSD03-.__ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT APPROVING A CONSTRUCTION AGREEMENT WITH 2H CONSTRUCTION FOR THE STRUCTURAL RENOVATION OF THE CHILDREN'S MUSEUM BUILDING 3. Transfer $170,000 to the Children's Museum Project from the RDA Old Town Parking Lot Project. BACKGROUND: On September 17, 2002 the Board of Directors awarded a construction contract to R.E. Fleming Construction, Inc., to begin the tenant improvements to the Children's Museum facility. The improvements included roof replacement, rebuilding areas of the porch surrounding the facility, construction of the gazebo, air conditioning, restroom improvements and re-construction of the driveway approach. As construction began, it was discovered that the bottom portion of the east wall of the facility had experienced dry ret because of a lack of building ventilation underneath the facility. This finding required emergency structural repair. 2H Construction, who is currently under contract with the City of Temecula for the retrofit of the Mercantile Building, submitted a proposal of $137,423.2H Construction specializes in this type of repair. Other proposals were submitted, however 2H Construction provided the lowest quote for the repairs. Also, after R.E. Fleming Construction, Inc. installed the A/C units on the roof of the facility, it was apparent, after installation, that screening would be needed to improve the appearance of the building. Also, wood siding needs to be replaced on the building. The additional $30,600 would offset the cost of R:~ZIGLERG\REPORT~012803 CC Childrens Museum.doc siding repairs, screening of the NC units, and remobilization. FISCAL IMPACT: The additional transfer of $170,000 requested from RDA Old Town Parking Lot Project (RDA Bond Proceeds) and funds remaining in the project will cover the cost of the increase to the contingency with R.E. Fleming Construction for $30,600, a contract with 2H Construction for $151,165 and information system needs totaling $32,450. A'I-rACHMENTS: Contract 2H Construction Resolution ClP Project Sheet R:~ZIGI~RG~REPORT~012803 CC ChiIdrens Museum.doc R,~. FL~MI~G No.3541 P. 6 15415 Bear Valley Road Hespeda, CA 92345 (760) ~49-1781 Phone (780) 949 3191 Fax R.E. FLEMING CONSTRUCTION, INC. January 2, 2003 City of Temecula, Public Works 43200 Busirgss Park Drive Tcmecula, Ca 92590 Re: Cost Proposal #l 8; Tin~ extension and overhead compensation associated w/ Grayner's Retrofit repair Attention: Brian Guillot R.E. Fleming Construction, Inc has experienced delays on various t~sks a~sociated with thc retrofit ofl Joist and Footing fix. Wc will also bc required to demob'~ze material and equipment from inside th~ building to accommodate for retro repai~. 1Dais repair will require R.E. Fleming Construction, Inc to supply man hours totaling 16hr ~ $50.00 Der hour a~a will delay our over all progress adding seventeen (17) days to tim~ spent on site to ¢ompkce original contract. The total to demobilize and mmobiliz~ cost i~ $800.00 plus the ds61y overhead cost of $260.85 times 17 days will be $4,434.45. Combining the overhead times the amount of(lays ($4,434.45) with dcmobilizin~ and remobilizi~g ($800.00) the total cost will be Five Thousand Two Hundred Thirty-four dollars and 45/100 ($5,134.45). If you lave any questions please contact Scott Alexander. Thank you. Respectfully, Scott Alexander 2003 1:38PM R.E. FLEMING No.4030 P. I 15415 Bear Valley Road Hesperia, CA 92345 (760) 949-1781 Phone (760) 949 3191 Fax R.E. FLEMING CONSTRUCTION, INC. January 17, 2003 City of Temecula, Public Works 43200 Business Park Drive Temecula, Ca 92590 Re: Cost Proposal #24; Replace cedar siding above existing porch Attention: Brian Guillot R.E. Fleming Construction, lnc proposes to supply labor and furnish all materials necessary to demolish existing siding above porch areas and replace with new siding, sealed and primed to match existing for the mount of Eight Thousa]ad Eighty Hundred Sixty-Five Dollars ($8,865.00). If you have any questions please contact Scott Alexander. Thank you. Respect~tly, Scott Alexander RECEIVED JAN 1 ? 2003 CITy OF TEMECULA ENGINEERING DEPARTMENT Dec.19. 2~02 1:25P~ R.E. FLEMING No.3354 P. 2 '154'15 Bear Valley Road Hesperla, CA 92345 (760) 949478`1 Phone (760) 949 3191 Fax R.E. FLEMING CONSTRUCTION, INC. December 19, 2002 City of Temecula, Public Works 43200 Business Park Drive Tcmecula, Ca 92590 Re: Cost Proposal #15; AC Scree~ Attention: Brian Guillot R.E. Fleming Construction, Inc proposes to provide all labor and material to build air conditioning screens per drawings provided by Cily of Temecula to be located at 3 uni~. The cost necessary to furnish all that is n~cessary for the amoun~ of Sixteen Thousand Five Hundred Dollars ($16,500.00). If you have any questions please contact Scoa Alexander or Roy Fleming. Thank you, R~chael WriSht CITY OF TEMECULA COMMUNITY SERVICES DISTRICT CONTRACT FOR THE CHILDREN'S MUSEUM PROJECT NO. PW02-01CSD THIS CONTRACT, made and entered into the 28th day of January 28, 2003, by and between the DISTRICT of Temecula, Community Services District, a municipal corporation, hereinafter referred to as "DISTRICT", and 2H Construction, Inc., hereinafter referred to as "CONTRACTOR." WlTNESSETH: That DISTRICT and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW02-01CSD, CHILDREN'S MUSEUM, Insurance Forms, this Contract, and all modifications and amendments thereto, the latest version of the State of California Department of Transportation Standard Specifications where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Previsions, and Technical Specifications for PROJECT NO. PW02-01CSD, CHILDREN'S MUSEUM. Copies of these Standard Specifications are available from the publisher: Building New, Incorporated 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Prevision, and Technical Specifications for PROJECT NO. PW02-01CSD, CHILDREN'S MUSEUM. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT CA-1 R:\CIP\PROJECTS~PW02\PW02-01 Child Museurn~2 H Contract.dot The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW02-01CSD, CHILDREN'S MUSEUM All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by DISTRICT. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of DISTRICT or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE. The DISTRICT agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE HUNDRED THIRTY SEVEN THOUSAND FOUR HUNDRED 'DVVENTY DOLLARS and FIFTY CENTS ($137,422.50), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed seventy five (75) working days, commencing with delivery of a Notice to Proceed by DISTRICT. Construction shall not commence until bonds and insurance are approved by DISTRICT. CHANGE ORDERS. All change orders shall be approved by the BOARD OF DIRECTORS, except that the DISTRICT Manager is hereby authorized by the BOARD OF DIRECTORS to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the BOARD OF DIRECTORS. PAYMENTS LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the DISTRICT, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be CONTRACT CA-2 R:\CIP~PROJECTS~PW02\PW02q)I Child Museum~2 H Contract.dot made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the DISTRICT on forms provided by the DISTRICT. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the General Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The BOARD OF DIRECTORS hereby delegates its authority to reduce the retention to the Engineer. WARRANTY RETENTION. Commencing with the date the Notice of Completion is recorded, the DISTRICT shall retain a portion of the Contract award price, to assure warranty performance and correction of construction deficiencies according to the following schedule: CONTRACT AMOUNT $25,000 - $75,000 RETENTION PERIOD RETENTION PERCENTAGE 180 days 3% $75,000 - $500,000 180 days $2,250 + 2% of amount in excess of $75,000 Over $500,000 One Year $10,750 + 1% of amount in excess of $500,000 LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to DISTRICT the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by DISTRICT. CONTRACTOR is required to promptly notify DISTRICT of any such delay. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to DISTRICT, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the CONTRACT CA-3 R:~CIP\PROJECTS~PW02\PW02-01 Child Museum~2 H Contract.dot 10. 11. 12. 13. 14. 15. payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the DISTRICT related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the Board of Directors has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the DISTRICT, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. TIME OF THE ESSENCE. Time is of the essence in this contract. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend DISTRICT, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the DISTRICT. The CONTRACTOR shall indemnify and be responsible for reimbursing the DISTRICT for any and all costs incurred by the DISTRICT as a result of Stop Notices filed against the project. The DISTRICT shall deduct such costs from Progress Payments or final payments due to the DISTRICT. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to DISTRICT's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any DISTRICT officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the DISTRICT within one year of the date of the Notice Inviting Bids. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the DISTRICT Manager, its affidavit stating that all CONTRACT CA~ R:\CIP\PROJECTS~PW02\PW02~I Child Museum~2 H Contrac[.dot 16. 17. 18. 19. 20. 21. workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. NOTICE TO DISTRICT OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to DISTRICT. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the DISTRICT. INSPECTION. The work shall be subject to inspection and testing by DISTRICT and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. GOVERNING LAW. The DISTRICT and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the TEMECULA COMMUNITY SERVICES DISTRICT. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. PROHIBITED INTEREST. No member, officer, or employee of the TEMECULA COMMUNITY SERVICES DISTRICT or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractodconsultant covenants and agrees to their knowledge that no board member, officer or employee of the TEMECULA COMMUNITY SERVICES DISTRICT has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the DISTRICT of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest CONTRACT CA-5 R:\CIP~PROJECTS~PW02\PW02-01 Child Museurn~2 H Contract. dot 22. 23. under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the DISTRICT addressed as follows: Mailing Address: William G. Hughes Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: William G. Hughes Director of Public Works/City Engineer City of Temecula 43200 Business Park Drive Temecula, CA 92590-3606 CONTRACT CA-6 R:\CIP\PROJECTS~°W02\PW02-01 Child Museum~2 H Contract.dot IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR 2H Construction, inc. 4101 Long Beach Blvd. Long Beach, CA 90807 (562) 424-5567 Sean R. Hitchcock, President DATED: ClTY OFTEMECULA COMMUNITY SERVICES DISTRICT APPROVED AS TO FORM: Jeff Comerchero, President Peter M. Thorson, DISTRICT Attorney ATTEST: Susan W. Jones, CMC, City Clerk CONTRACT CA-7 R:\CIP\PROJECTS~PW02\PW02~)I Child Museum~2 H Contract. dot Supervision Trash Dumpsters General Clean-up Floor Protection Roof Shoring Demo Drywall Demo Wood Floodng Demo Stucco Demo TJI Install New Concrete Footing Install New TJI Repair Replace Wood Flooring Install Under Floor Ventilation Epoxy New Dowels in Existing Footings Install New Mudsill Overhead & Profit Insurance Subtotal Insulate floor R30 Sub total 2H Const. $ 9,000.00 $ 800.00 $ 950.00 $ 500.00 $ 5,180.00 $ 4,995.00 $ 26,230.00 $ 24,340.00 see below incl TJI repair incl TJI repair incl TJI repair $ 7,199.50 $ 1,188.00 $ 80,382.50 $ 57,040.00 $ 137,422.50 01/22/2003 B~,, ~ 1/14/0~ 90g 69~-~g~g ~ RE: Chxldten'~ Museum - Re.ecl Q~ote Brian - Pc~ your ~lue~, attached i~ o~r revi.~i quote ba~ed on perfozming ~ work ~h¢ buiMing Pie~c confact me if you have any qucs6cms oz 4101 LONG BEACH BLVD. LONG BEACH, CA 90897 PHONE: S62-424-5567 FAX: S62-424-5~78 RECeiVED · JAN 1'4 ~003 CiTY OF TEMECULA ENGINEERING DEPARTMENT 2H CONSTRUCTION 4101 Lou~ Bc~b Ba~J,c~rd ~ S62.424.~S~? ~ ~62A24.~TB City Ol'T~metutt Brhut Ge~o~ Re.ir Wood Sub43oer ~ in3tdl N~v b Wdl (All WedTo Bc I%~t'ormcd F~Dm IntTflor Side or ~ perlu~.Kr Wag) so. oo SO.O0 SO.OO .~0o SB~31?.s0 DETAILED BREAKDOWN BY CSi DIVISION l) ,Zyl~ON I - GC~E,R~L O~ION 2 - 51'1'~ ~~., . D~SZO~NCRETE D~O~ 4 - MA~RY In.sION 4 ~TAL SO.~ I IG~NERAL C~ONTRACTOR~ TOTAL ~J~7.~0 I RESOLUTION NO. CSD03- ARESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT APPROVING A CONSTRUCTION AGREEMENT WITH 2H CONSTRUCTION FOR THE STRUCTURAL RENOVATION OF THE CHILDREN'S MUSEUM BUILDING THE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT RESOLVES AS FOLLOWS: Section 1. The Board of Directors of the City of Temecula Community Services District hereby finds, determines and declares that: a. On September 17, 2002, the Board of Directors awarded a bid for the remodeling and renovation of a building located at 42081 Main Street in the City's Old Town Area for the Temecula Children's Museum. In addition to the remodeling and renovation of the building, the Board also awarded a contract for the construction and installation of extensive and complicated creative exhibits for the children. As the construction progressed, the contractor and staff discovered that severe structural problems exist in the exterior bearing wall of the structure, threatening the building's stability. Following an engineering investigation was conducted. It was determined that the wall would need to be reconstructed at the wall's joint with the foundation and the roof and that other structural improvements would be required to insure the structural integrity and stability of the building and the safety of the persons who will be using the building. The work required to reconstruct the wall involves specialized construction techniques. b. 2H Construction has the special expertise and experience required for the construction required to rehabilitate the structural integrity of the building. A proposal was also solicited from the current contractor for the project, which was higher than the proposal of 2H Construction. 2H Construction is also currently working on a historical restoration project for the City of Temecula on a building located near the Children's Museum building. Therefore, the mobilization and administrative costs for 2H Construction on the Children's' Museum Project will be less than other outside contractors. c. It is necessary to interrupt the renovation of the building and the construction of the Children's Museum exhibits in order to address the structural renovation of the walls. Lengthy delays in bidding for the structural renovation work will substantially increase the costs of the building renovation and exhibits. R:~McCarthC\Children's Museum~Resolution for Children Museum Construction - 2H.DOC d. Based on the findings set forth above, the Board of Directors hereby finds and determines that the method of selecting the contractor for the structural renovation of the Children's Museum building has enabled the City to obtain excellent bids from qualified contractors in a short period of time so as to allow for the prompt structural renovation of the Children's Museum and the protection of the public health, safety and general welfare. The Board of Directors further finds and determines that based upon the findings set forth above, full compliance with the otherwise applicable requirements of the Public Contracts Code would be unavailing, would not produce an advantage for the City, and would thus be undesirable, impractical, and impossible. The City's authority to proceed with the structural renovation in this manner was established in Graydon v. Pasadena Redevelopment Agency et al. (1980) 104 Cal. App. 2na 631 and the cases cited therein. Section 2. The Board of Directors of the City of Temecula Community Services District hereby approves that certain Agreement between the Board and 2H Construction, Inc., in the amount of one hundred fifty one thousand one hundred sixty five dollars ($151,165.00) for the structural renovation of the Children's Museum building and authorizes the President to execute the Agreement in substantially the form submitted to the City. R:kMcCarthC\Children's Museum\Resolution for Children Museum Construction - 2H.DOC Section 3. The City Clerk shall certify to the adoption of this Resolution. Passed and adopted this 28th day of January 2003. Jeff Comerchero President Attest: Approved as to form: Susan W. Jones, CMC City Clerk Peter M. Thorson City Attorney R:2vlcCarthC\Children s Museum~Resolution for Children Museum Construction - 2H.DOC 0000 °°°l 00 0 o ITEM 3 APPROVAL CItY ATTORNEY FINANCE DI RECTOR'R~ CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors Herman D. Parker, Director of Community Services~__~¢' Januaw 28,2003 North/South Ball Field Netting Installation Construction Contract PREPARED BY: Kevin T. Harrington, Maintenance Superintendent RECOMMENDATION: That the Board of Directors: 1. Award a contract to Judge Netting for the North/South Ball Field Netting Installation Project in the amount of $84,444. 2. Approve a 10% contingency of $8,445 for the project. Appropriate $26,889 from Capital Reserve funds remaining in the Chaparral Pool Project account #210-190-170-5804 to the North/South Ball Field Netting Installation Project account number 210- 190-146-5804. BACKGROUND: Because of occasional foul balls from the North and South fields of the Sports Park landing near Margarita Road, the Temecula Community Services Department (TCSD) released a Request for Proposal (RFP) for the North/South Ball Field Netting Installation project on November 21,2002. The TCSD received two (2) proposals. Judge Netting submitted a proposal of $84,444 and Costal Netting submitted a proposal of $93,000. The proposals were evaluated to determine qualifications and to assess the competitiveness of their pricing. Judge Netting was determine to have provided the lowest qualified proposal for the netting project. This portion of the North/South Ball Field Netting Project consists of installing 600 linear feet of 70-foot high sports netting along the eastern side of two (2) baseball fields. The netting is required to contain foul balls within the field of play. The contract amount for the installation of the required netting system is $84,444. Due to the nature of the project a contingency of 10% in the amount of $8,445 is requested to cover any unforeseen items. FISCAL IMPACT: Total cost of the construction contract is $84,444, plus an additional ten percent (10%) contingency of $8,445. The project is approved in the City's Capital Improvement Program for FY 2002/03 and is funded with Development Impact Fees - Park and Recreation. Approve an appropriation of $26,889 from Capital Reserve Funds remaining in the Chaparral Pool Project, which is now complete. ATTACHMENTS: Contract R:~HARRINGK~AGENDA.RPTOudge Nel~ing NS Netting FY 02-03.doc CITY OF TEMECULA CONTRACT AGREEMENT FOR NORTH/SOUTH BALLFIELD SAFETY NETTING INSTALLATION THIS CONSTRUCTION CONTRACT, made and entered into as of January 28, 2003 by and between the City of Temecula, and Judqe Nettin.q ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor shall construct and install all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed in writing by the City. 2. COST OF WORK. For the Work described in Section 1. of this Agreement Contractor shall receive the sum of Eighty-four thousand four hundred forty-four dollars ($84,444.00) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit B. Any terms other than a description of the work to be performed, costs of the work, or the payment schedule contained in Exhibits A or B is null and void and not part of this Agreement. 3. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 5. CHANGE ORDERS. The City Manager may approve additional payment up to ten (10%) of the Agreement or $25,000.00, but in no event shall the total sum of the Agreement (basic contract amount and change order(s)) exceed twenty-five thousand dollars ($25,000.00). Change orders exceeding these limits shall be approved by the City Council. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at R:kHARRINGKXAG REEMNT~ U DGE NETTING CONTRACT 2003.DOC 1 Janua~ 22, 2003 the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. '10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. R:~rIAR RING KX, AGREEMNTUUDGE NETTING CONTRACT 2003,DOC 2 January 22, 2003 a. Minimum Scope of Insurance. Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and propertydamage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's ~nsurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the District, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. R :~IARRINGK~AGREEMN]XIUDG E NETTING CONTRACT.2003.DOC 3 January 22, 2003 (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Covera,qe. Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "1 am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. PERFORMANCE AND LABOR MATERIAL BONDS. Prior to commencement of the Work, Contractor shall provide the City with a Performance Bond in the amount of the contract and a Labor and Materials Bond in the amount of the Contract from a surety acceptable to the City. 13. TIME OF THE ESSENCE. Time is of the essence in this Contract. 14. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. a. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing R:kHARRINGK'~AGREEMb/TUUDGE NETTING CONTKACT.2003.DOC 4 January 22, 2003 services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 16. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 17. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 18. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 19. UTILITY LOCATION. District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 2t. INSPECTION. The Work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 22. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 23. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, R:~H AR RING K'xAG REEMNTglFDGE NETTING CONTRACT.2003.DOC 5 January 22, 2003 certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Judge Netting 1837 N. Oracle Meza, AZ 85203 Attention: Dan Judge 24. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 25. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 26. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 27. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 28. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 29. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. IIII IIII R:'tHARR [NGK'C. GKEEMNTO U DG E NE3 T[NO CONTRACT 2003.DOC 6 Jmma~ 22, 2003 IN WITN ESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: Jeffrey E. Stone Mayor Attest: SusanW. Jones, CMC City Clerk Approved As to Form: Peter M. Thorson City Attorney CONTRACTOR Name By: Name: Dan H. Judge Title: Owner By: Name: Title: (Two signatures of corporate officers required) R:LHAR~INGK'xAGREEMN'DJLIDGE NETTING CONTRACT.2003,DOC 7 January 22, 2003 CITY OF TEMECULA NORTH/SOUTH BALLFIELD SAFETY NETTING INSTALLATION SPECIFICATIONS/SCOPE OF WORK EXHIBIT "A" 1. Meet all instructions, conditions and legal requirements of the document titled: "City of Temecula, Request for Proposal, North/South Ballfield Safety Netting Installation", dated November 21, 2002. 2. Contractor to provide a one-year warrantee on labor and material and a seven (7) year manufacturer's warranty on the netting material and a 5 year warrantee on steel poles. 3. Only install netting along the east side of both fields. Netting between both fields and non-vinyl coated '12' high chain link fence have been omitted from this contract. Install netting per plans and specifications prepared by Tanner Consulting Group, titled "Rancho California Sports Parl~', pages labeled N-1 through N-7 and S-1. R:~HAKRINGKLa. GP~EMNTkllYDGE NETTING CONTRACT.2003.DOC 8 January 22, 2003 EXHIBIT B. SCHEDULE OF PAYMENT One lump sum payment, not to exceed $84,444, will be made by the City upon completion and acceptance of work. Contractor will submit invoice only after the installation has been completed and accepted by the City. Payment will be made within 30 days from the date contractor submits invoice to the City. CITY OF TEMECULA CONTRACT AGREEMENT FOR NORTH/SOUTH BALLFIELD SAFETY NETTING INSTALLATION THIS CONSTRUCTION CONTRACT, made and entered into as of January 28, 2003 by and between the City of Temecula, and Jud.qe Nettin.q ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor shall construct and install all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed in writing bythe City. 2. COST OF WORK. For the Work described in Section 1. of this Agreement Contractor shall receive the sum of Eighty-four thousand four hundred forty-four dollars ($84,444.00) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit B. Any terms other than a description of the work to be performed, costs of the work, or the payment schedule contained in Exhibits A or B is null and void and not part of this Agreement. 3. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 5. CHANGE ORDERS. The City Manager may approve additional payment up to ten (10%) of the Agreement or $25,000.00, but in no event shall the total sum of the Agreement (basic contract amount and change order(s)) exceed twenty-five thousand dollars ($25,000.00). Change orders exceeding these limits shall be approved by the City Council. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREVAILING WAGES. Pursuant to the previsions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at R:\HARRINGKL4, GREEMNT',JUDGE NETTING CONTRACT.2003.DOC I January 14, 2003 the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in ~iolation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. Ifthe City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. '11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to properly which may arise R:\HARRINGK'~AGREEMNT~UDGE NETTING CONTRACT.2003.DOC 2 January 14, 2003 from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: O) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covedng Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injuryand propertydamage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the DIIowing provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the District, its officers, officials, employees or R:\HARRINGK~AGREEMNTXJUDGE NETTING CONTRACT.2003,DOC 3 January 14, 2OO3 volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherv~se acceptable to the District. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements electing the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "1 am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurence in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. PERFORMANCE AND LABOR MATERIAL BONDS. Pdortocommencement of the Work, Contractor shall provide the City with a Performance Bond in the amount of the contract and a Labor and Materials Bond in the amount of the Contract Eom a surety acceptable to the City. 13. TIME OF THE ESSENCE. Time is of the essence in this Contract. 14. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. R:\HARRINGK',AGREEMNTUUDGE NETTING CONTRACT.2003.DOC 4 January 14, 2003 a. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to complywith this section. 16. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 17. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 18. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit byany authorized representative of the City. 19. UTILITY LOCATION. District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. INSPECTION. The Work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time alter completion of the Work. 22. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. R:\HARRINGK'~AGREEMNT~JUDGE NETTING CONTRACT.2003.DOC 5 January 14, 2OO3 23. WRI'I'FEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that partymay later designate by Notice: To City: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Judge Netting 1837 N. Oracle Meza, AZ 85203 Attention: Dan Judge 24. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without pdor wdtten consent of the city. 25. LICENSES. At all times dudng the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 26. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation ofthis Agreement. Anylitigation concerning this Agreement shall take place in the municipal, superior, or f~deral district courtwith jurisdiction over the City of Temecula. 27. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited bylaw or this Agreement. 28. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All pdor or contemporaneous agreements, understandings, representations and statements, oral or wdtten, are merged into this Agreement and shall be of no further force or effect. Each partyis entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 29. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or shehas the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. R:\HARRINGK~AGREEMNT~UDGE NETTING CONTRACT.2OO3.DOC 6 January 14, 2003 IIII IN WITNESS WHEREOF, the padies hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: Jeffrey E. Stone Mayor Attest: SusanW. Jones, CMC City Clerk Approved As to Form: Peter M. Thorson City Attorney CONTRACTOR Name By: Name: Dan H. Judge Title: Owner By: Name: Title: (Two signatures of corporate officers required) R:\HARRINGKkAGREEMNT'OUDGE NETTING CONTRACT.2003.DOC 7 January 14, 2O03 CITY OF TEMECULA NORTH/SOUTH BALLFIELD SAFETY NETTING INSTALLATION SPECIFICATIONS/SCOPE OF WORK EXHIBIT "A" 1. Meet all instructions, conditions and legal requirements of the document titled: "City of Temecula, Request for Proposal, North/South Ballfield Safety Netting Installation", dated November 21, 2002. 2. Contractor to provide a one-year warrantee on labor and material and a seven (7) year manufacturer's warranty on the netting material and a 5 )ear warrantee on steel poles. 3. Only install netting along the east side of both fields. Netting between both fields and non-vinyl coated 12' high chain link fence have been omitted from this contract. Install netting per plans and specifications prepared by Tanner Consulting Group, titled "Rancho California Sports Park", pages labeled N-1 through N-7 and S-1. R:\HARRINGK',AGREEMNT~JUDGE NETTING CONTRACT.2003.DOC 8 January 14, 2003 EXHIBIT B. SCHEDULE OF PAYMENT One lump sum payment, not to exceed $84,444, will be made by the City upon completion and acceptance ofwork. Contractor will submit invoice only after the installation has been completed and accepted by the City. Payment will be made within 30 days from the date contractor submits invoice to the City. R:\HARRINGK~AGREEMNT~IUDGE NETTING CONTRACT.2003,DOC 9 January 14, 2003 TCSD DEPARTMENTAL REPORT APPROVAL CITY ATTORNEY DIRECTOR OF FINAN~F CITY MANAGER _~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors Herman D. Parker, DirectorofCommunityServices January 28,2003 DepaAmentalReport PREPARED BY: Gall L. Zigler, Administrative Secretary The Board of Directors awarded a construction contract to R.E. Flemming, Inc. at their September 17, 2002 Board meeting. This contract will construct the white box tenant improvements for the Children's Museum. These improvements will include replacement of the roof, replacement of the wood siding on the building, reconstruction of the porch area and also reconstruction of the restroom facilities, office space and the driveway entry. The exhibitry for the interior of the building is under construction and progressing well in San Diego at the warehouse of Sparks Exhibits and Environment. RHA Landscape Architects is preparing the construction documents for the improvements to Vail Ranch Park Site "C" adjacent to Pauba Elementary School. This project is identified in this year's CIP. The new amenities will include a tot lot, picnic shelter, tables, benches and walkways. The Community Services Commission reviewed and approved the conceptual master plan at their February 11, 2002 Commission meeting. This project is currently in plan check. The conceptual Master Plan for the Wolf Creek Sports Complex was reviewed and approved by the Board of Directors at the January 14, 2003 meeting. The architect, RJM Design Group, will begin drafting the construction documents. The Wolf Creek Sports Complex is 43 acre park which proposes parking, restroom/concession buildings, maintenance building, four lighted basketball courts, four lighted soccer and four lighted softball/baseball fields, tot play equipment, picnic areas and walkways. Staff is currently revising the Library Grant Application for the second round issue of funds through the Library Bond Act. Staff has spoken with the Office of Library Construction staff to determine areas where the application can be strengthened. Staff will be working with the Temecula Valley Unified School District, the architect and the grant writer to prepare the final submittal due March 28, 2003. The City's application will request approval from the State of California Library Bond Act for an $8,500,000 Grant to construct a new Public Library in the City of Temecula. A ribbon cutting is scheduled for Crowne Hill Park on Wednesday, January 29, 2003 at 3:30 pm. All Council Members, Commissioners, staff members and the press are invited to attend. R:~ZIG L E RGDtDEPTRPT~0103 .doc January 23, 2003 The Development Services Division continues to padicipate in the development review for projects within the City including Wolf Creek, Roripaugh, Villages of Old Town and Harveston, as well as overseeing the development of parks and recreation facilities, and the contract for refuse and recycling, cable television services and assessment administration. The Maintenance Division continues to oversee the maintenance of parks and recreation facilities and assist in all aspects of Citywide special events. The Recreation Division produced and mailed the Winter/Spring 2003 Guide To Leisure Activities. Staff is in the preliminary planning stages of the Recreation Division's spring activities including the Spring Egg Hunt and the Annual Volunteer Recognition Event. R:~Z1GLE RGD~DEPTRPT~0103,doc J anu,m, 23, 2003 REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY JANUARY '14, 2003 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 10:03 P.M., in the City Council Chambers, 43200 Business Park Drive, Temeoula. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Pratt, Stone, Naggar, and Roberts ABSENT: 0 AGENCY MEMBER: None Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. PRESENTATIONS/PROCLAMATIONS Presentation of Gavel by out,qoin,q Chairperson Comerchero to incoming Chairperson Roberts Outgoing Chairman Comerchero presented the gavel to incoming Chairman Roberts and incoming Chairman Roberts presented the mounted gavel to outing Chairman Comerchero. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of December 17, 2002. MOTION: Agency Member Stone moved to approve Consent Calendar Item Nos. 1 and 2. The motion was seconded by Agency Member Stone and voice vote unanimous reflected approval. RECONVENE CITY COUNCIL JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING 2 Corporation for Better Housing Senior Housing Proiect RECOMMENDATION: 2.1 That the City Council adopt a resolution entitled: R:'~.linutes.rda\011403 1 2.2 2.3 RESOLUTION NO. 03-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETVVEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND 28500 PUJOL STREET, A CALIFORNIA LIMITED PARTNERSHIP That the Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 03-0'1 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETVVEEN THE AGENCY AND 28500 PUJOL STREET, A CALIFORNIA LIMITED PARTNERSHIP That the Temecula Redevelopment Agency appropriate $200,000 from Senior Housing Affordable Housing Fund. Although the property has been relinquished approximately one year ago and considering the property was more than 500' away from the item of discussion, City Attorney Thorson informed Agency Member that, under the Political Reform Act, there would be no conflict of interest; therefore, Mr. Stone may participate in the discussing and the voting of this matter. Director of Housing and Redevelopment Meyer reviewed the staff report (as per agenda material), advising that one-bedroom apartments will be offered at a very Iow level of $414 and at a Iow level of $500 For Agency Member Naggar, Mr. Dave Ferguson, representing Corporation for Better Housing Project, stated the following: · That current Temecula residents will receive preference · That Federal Housing Law does not allow priority but does allow preference · That construction will commence on August 1, 2003, and should be completed within eight months of that time. At this time, Chairman Roberts opened the public hearing; there being no public input, the public hearing was closed. MOTION: Agency Member/Councilmember Roberts moved to approve the staff recommendation. The motion was seconded by Agency Member/Mayor Pro Tern Naggar and voice vote reflected unanimous approval. RECESS THE CITY COUNCIL MEETING EXECUTIVE DIRECTOR'S REPORT Executive Director Nelson relayed his delight with the completion of this project. R:'~vl[nutes.rda\011403 2 AGENCY MEMBERS' REPORTS No comments. ADJOURNMENT At 10:12 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, January 28, 2003, in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Ron Robeds, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:~Minutes.rda\011403 3 ITEM 2 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: SUBJECT: Executive Director/Agency Members John Meyer, Redevelopment Director~'/~? January 28, 2003 Amendment to the Professional Services Agreement with Keyser Marston Associates to Provide Fiscal Analysis of Agency Projects RECOMMENDATIONS: That the Redevelopment Agency Board approve the Amendment No. 1 to the Professional Services Agreement with Keyser Marston Associates (KMA) to provide fiscal analysis for the not to exceed amount of $25,500 and authorize the Executive Director of the Agency to execute the Amendment. BACKGROUND: On May 3, 2002, the Redevelopment Agency entered into a Professional Services Agreement with KMA to provide independent fiscal analysis of the Corporation for Better Housing (CBH) senior housing project on Pujol Street. At that time, it was anticipated that compensation for the duration of the agreement would not exceed $24,500. The increased funding allows KMA to complete work on CBH, an amendment to the DDA for Affirmed Housing and minor work on projects relating to Habitat for Humanity and Rancho Meadows. To insure that the Agency has adequate funds to provide for theses fiscal services, staff is recommending an increase in the total amount of funding to $50,000, which is an increase of $25,500 above the existing amount. Keyser Marston is also under contract with the Agency for two other projects. FISCALIMPACT: This Amendment to the Professional Services Agreement with KMA is for a not to exceed amount of $25,500 to complete the remaining portion of the agreement. The totat cost of the agreement, including the Amendment No. 1 is $50,000. Funding for this agreement is through the Redevelopment Agency's Low to Moderate Housing Fund (account number 165-199-999- 5250). Adequate funds are available. ATTACHMENT: First Amendment to Agreement Between City of Temecula Redevelopment Agency and Keyser Marston Associates R:~Agreements\KMA PSA Amendment 1 03.doc FIRST AMENDMENT TO AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND KEYSER MARSTON ASSOCIATES AFFORDABLE HOUSING DEVELOPMENTS THIS 1st AMENDMENT is made and entered into as of January 28, 2003 by and between the Redevelopment Agency of the City of Temecula, a municipal corporation "Agency" and Keyser Marston Associates inc. CConsultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On May 3, 2002 the Agency and Consultant entered into that certain agreement entitled "Redevelopment Agency" of Temecula Agreement for Affordable Housing Developments (Agreement"). B. The parties now desire to amend the Agreement as set forth in this Amendment. 2. Section 1. of the Agreement is hereby amended to read as follows: This Agreement shall commence on January 28, 2003, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2003, unless sooner terminated pursuant to the provisions of this Agreement. The Agency will amend the existing agreement dated May 3, 2002 to incorporate an additional scope of work and provide for additional budget in the amount of $25,500 for a total amended budget of $50,000. 3. Exhibit A is added to the Agreement as set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R:\Agreements\Amendcbh2003.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: Shawn D. Nelson, Executive Director ATTEST: BY: Susan W. Jones, CMC, Agency Secretary Approved As to Form: BY: Peter M. Thorson, Agency Counsel CONSULTANT Paul Marra Keyser Marston Associates Inc. 1660 Hotel Circle North, Suite 716 San Diego, CA 92108 BY: NAME: TITLE: BY: NAME: TITLE: (Two Signatures Required For Corporations) R: \Agreements\Amendcbh2003. doc KEYSER MARSTON ASSOCIATES INC. To: From: Date: Subject: MEMORANDUM John Meyer, AICP, Redevelopment Director City of Temecula Keyser Marston Associates, Inc. January 22, 2003 Affordable Housing - Amendment to Existing Contract San Diego Gerald M. Trimble Paul C. Marra Los Angeles Calvin E. Hollis, 1I Kalhlecn H. Head James A. Rabc Paul C. Anderson Gregory D. Soo-Hoo A. Jerry Kcyser Timolhy C. Kelly Kate Earle Funk Dcbbic M. Kern This memorandum presents Keyser Marston Associates, Inc.'s (KMA's) proposal to undertake additional work tasks in accordance with our existing contract for consulting services related to affordable housing issues in the City of Temecula (approved May 3, 2002). Specifically, at the time of the original contract, the Redevelopment Agency's (Agency) immediate consulting need was for review and analysis of a request for financial assistance submitted by Corporation for Better Housing (CBH) for the development of a senior apartment complex. Since executing the May 2002 contract, the Agency has identified additional affordable housing projects that have required KMA analysis, i.e., Rancho Meadows, the Affirmed Housing single-family development, and the Habitat for Humanity single-family homes. Due to the complexity of analysis, negotiations, and documentation for these transactions, KMA has essentially exhausted the available budget. KMA envisions the following work tasks in order to complete the transactions for the additional housing projects. The tasks would encompass the following: 1. Finalize the pro formas and financial analysis based on developer submittals. Participate in meetings and teleconferences with Agency staff and developers to review pro forma analysis and negotiate the amount and terms of any Agency assistance. 03310mm To: John Meyer, AICP, Redevelopment Director January 22, 2003 Subject: Affordable Housing - Amendment to Existing Contract Page 2 3. Assist Agency legal counsel in documenting specific provisions of the transactions. 4. Prepare supporting memoranda to justify the level of Agency assistance to the developments. 5. Participate in meeting with Agency officials reviewing the transactions. We propose to undertake the above services on a time-and-materials basis, subject to the attached 2002-2003 schedule of standard hourly billing rates. KMA recommends that the Agency amend our existing May 3, 2002 contract of $24,500 to provide for additional budget in the amount of $25,500, for a total of $50,000. We trust that this proposal is acceptable, and look forward to assisting you with the completion of these important projects. Please call if you require additional information. attachment 03310mm KEYSER MARSTON ASSOCIATES, INC. HOURLY FEE SCHEDULE 2002/2003 A. JERRY KEYSER * MANAGING PRINCIPALS* PRINCIPALS* MANAGERS* SENIOR ASSOCIATES ASSOCIATES SENIOR ANALYSTS ANALYSTS TECHNICAL STAFF ADMINISTRATIVE STAFF $215.00 $210.00 $195.00 $160.00 $145.00 $125.00 $110.00 $ 95.00 $ 75.00 $ 60.00 Directly related job expenses not included in the above rates are: auto mileage, air fares, hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data processing, graphics and printing. Directly related job expenses will be billed at 110% of cost. Monthly billings for staff time and expenses incurred during the period will be payable within thirty (30) days of invoice date. A charge of 1% per month will be added to all past due accounts. *Rates for individuals in these categories will be increased by 50% for time spent in court testimony. 03310mm ITEM 3 APPROVAL CITY ATTORNEY //~".~.'_ DIRECTO" OF FINANC~____ CITY MANAGER CITY OF TEMECULA REDEVELOPMENT AUTHORITY AGENDA REPORT TO: FROM: DATE: SUBJECT: Chairman and Agency Members Executive Director Jim O'Grady, Assistant City Manage~ January 28, 2003 Consideration of Cost Sharing for Upgrade of Auto Mall Sign RECOMMENDATION: Approve in concept an agreement for sharing costs with the Temecula Auto Dealers' Association for upgrades to the freeway Auto Mall sign and direct the City Attorney to prepare an agreement for formal consideration by the Redevelopment Agency. BACKGROUND: In 1995 the City provided funding for a sign along 1-15, which provided advertising for the Temecula Auto Mall. The City provided initial funding for this sign, and the auto dealers have been responsible for the operation and maintenance of the sign. The current sign uses approximately 10,000 80-watt bulbs and costs approximately $4000 to $5000 per month to operate. Electricity accounts for about half of these costs. The Auto Dealers would like to upgrade the electronics and change the lighting to use energy efficient light emitting diodes (as we have done with our traffic signals). These changes would reduce energy consumption by more than 50% and would improve the sign's programming capabilities and readability by allowing display of colored, "photo-like" displays. The Auto Dealers have requested that the City share the costs of upgrading this sign. The estimated cost of such replacement is $142,700 plus permit costs. The Auto Dealers believe that having an upgraded sign is very important to maintaining their market position given competition from other dealerships on the I-15 and from new dealerships that will be opening soon in nearby cities. The Auto Dealers in the auto mall area currently account for over $2 million per year in sales tax revenue to the City and are an important employment sector. An upgraded sign could also be used for certain public service messages. DISCUSSION: Staff recommends that the City Council approve in concept this proposal and direct staff and the City Attorney to prepare an agreement based on the following: 1. The Auto Dealers would be responsible for contracting for this work, and would choose the R:[OGRADYJL4UTO MALL[AUTO MALL SIGN COUNCIL REPORT - JAN 28, 2003. D0C 1 1/22/03 contractor based on competitive bids. 2. The Auto Dealers (or their contractor) would obtain all required permits, including City sign and electrical permits, as well as Caltrans permits. 3. The City would reimburse the dealers for ¥2of all construction costs (including permits), not to exceed $75,000. Reimbursement would be made within 30 days of completion of the work and presentation of appropriate documentation. 4. The Agreement would provide for appropriate indemnification of the City and Agency. 5. The Auto Dealers would provide time set aside for community/public service messages. 6. The Auto Dealers would be responsible for the ongoing operation and maintenance of the sign. FISCAL IMPACT: The estimated costs of approving such an agreement would be $75,000 or less. Funds are available in the Redevelopment Agency. ATTACHMENT: Letter from Auto Dealers dated December 11, 2002. R:IOGRADYJtAUTO MALLIAUTO MALL SIGN COUNCIL REPORT - JAN 28, 2003,DOC 2 1/22/03 CITy COUNCIL FYi TEMECULA AUTO DEALERS ASSOCIATION ~ 27360 Ynez Road Temecula CA, 92591 December 11, 2002 Ron Roberts, Mayor City of Temecula 43200 Business Park Drive Temecula, CA uANAGER'S OFFICE Dear Mayor Stone, You will recall that in 1995 the City of Temecula, through the Redevelopment Agency, loaned the Temecula Valley Auto Dealers Association $280,000 to finance the construction and installation of a two sided, seventy - three (73) foot high, electronic message sign on property located at 26631 Ynez Road (behind the Toyota dealership along Interstate 15). The individual dealers at that time each agreed to repay their share of the loan. However, the finance plan included "credits" if new sales tax revenues exceeded an established higher, new level. Fortunately, auto dealership sales taxes exceeded the target amount and the debt was cancelled. The electronic sign was definitely a strong factor in the increased auto sales and the City's sales tax revenues. The auto dealers remain, seven years later, as the largest single group of sales tax generators. Time, technology and energy costs have caught up with the electronic message board. We are hardly "state of the art". Our service company can no longer guarantee that they can keep the thousands of light bulbs lit. The sign we now have is a negative image for the City and the dealers. At this point in time we feel a new electronic sign package is needed. At first we thought an entire new sign would be the right approach. Costs forced us to look to simply replacing the current electronic message unit with a new two-sided LED display board that would be more readable with a state of the art display while at the same time reducing our monthly energy cost by $1500. We come to you again. This time asking that you share the cost of the new display board on a 50/50 split. That cost, including monthly programming is $142,770.00. We would ask that you waive permit fee costs. It is clear to us that a high quality reader board will increase customer traffic to the dealerships with resulting increased sale tax revenue. And we appreciate the continued support the City of Temecula provides the business community. We believe that support has lead to the solid tax base that the City of Temecula enjoys. Respectfully, Terry Gilmore, President nedy, Board Member ~,~.,.., RDA DEPARTMENTAL REPORT APPROVAL CITY A'I-rORNEY FINANCE DIRECTOR CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: SUBJECT: Executive DirectodRedevelopment Agency Members John Meyer, Redevelopment Director January 28, 2003 Monthly Departmental Report Attached for your information is the monthly report as of January 28, 2003 for the Redevelopment Department. First Time Homebuyers PrO[:lram Funding in the amount of $200,000 is available for FY 02 -03. Residential Improvement Programs The program budget for FY 02/03 is $250,000, with $116,500 funded on 27 units. Affordable Housing The Planning Commission approved the tentative map for Cottages of Old Town on August 21, 2002. Old Town Community Theater The Architect has submitted the construction drawings to the City for plan check. The Mercantile Building Retrofit Council approved the construction contract for the retrofit on August 13, 2002. The retrofit has begun with an estimated construction period of 45 days. R:~SYERS K~MONTHLLY~January282003.doc 1 Senior Housing Council entered in to a Disposition and Development Agreement (DDA) on January 14, 2003 with Community for Better Housing (CBH) for a 66 unit affordable senior housing project on Pujol Street. The project will be two-story garden-style apartments and project amenities, which will include a community room, and swimming pool. The project is proposed to be all one- bedroom units. Facade Improvement/Non-Conforming Sign Program The following facade improvement/sign projects are in process or have recently been completed: · Old Town Plaza Lighting/Sign Program · Penfold Building Sign Program · Homes Magazine Sign Program · Calico Coffee Sign Program Old Town Promotions/Marketing DICKENS CHRISTMAS IN OLD TOWN Dickens of a Christmas concluded with its final weekend on December 21 and 22. On Saturday, the Vintage Singers provided classic Christmas carols from 1 to 2 p.m. on the Old Town Stage. Kids and adults received frae holiday balloon hats from Precious the Clown and Dynamite Dave. The two entertained and created balloon treats both Saturday and Sunday. Santa Claus visited with children from 11 a.m. to 4 p.m both Saturday and Sunday at his workshop on Front and Fifth Streets. Free candy canes for the children were provided. The Southwest Soccer Club took souvenir Polaroid photographs for a $5 donation. High School Choirs, as well as a female barbershop quartet, bell ringers and the popular Musicians Workshop Jazz Band were just part of the fun set for Old Town Temecula's Dickens of a Christmas last weekend, December 14 and 15. Carolers were in several locations beginning at 11 a.m. on Saturday. Murrieta High School Choir strolled through the streets as they sang traditional carols. Also, the Calvary Chapel presented a variety of Christmas carols with several groups from their music program on the Old Town Temecula Stage at 5t~ and Front Streets. A musical treat was presented by Motif, a woman's barbershop quartet formed in January of this year. Singing a'capella in four- part harmonies, all four members live in the Inland Empire and are members of the San Diego Chorus of Sweet Adeline's International. In April 2002, Motif placed in the Top R:\SYERSK~MONTHLLY~Jan uaPJ282003.doc 2 Ten at a regional competition against quartets from the west coast. They sang in front of the Shire at the Corner of Old Town Front and Main Streets. Musicians Workshop performed their entire Christmas program beginning at 1 p.m. at the Old Town Temecula Stage. The Choir, Orchestra and Jazz Bands all performed, as well as the Kid Carolers. The Ultimate Dance Academy sang and danced their Holiday Program on the Old Town Front Street Stage. On Sunday, the popular Tintinabulator Bell Choir performed accompanied by the All God's Children Choir. The Real Deal, a youth jazz band performed their jazzy version of Christmas. Santa Claus continues to visit with children form 11 a.m. to 4 p.m both Saturday and Sunday at his workshop on Front and Fifth Streets. Free candy canes for the children are provided. The Southwest Soccer Club is taking souvenir Polaroid photographs for a $5 donation. On Friday evening, December 6, Old Town Temecula offered a hometown feeling full of Christmas Carols. Butterfleld Square hosted Christmas on the Green, which began at 6 p.m. with a theatrical retelling of many classic Christmas favorites. Mrs. Claus led the story telling, and then musician Desi Relator conducted a sing along. The merchants provided free hot drinks and cookies. A day of Holiday Music was held on Saturday, December 7 starting with the Murrieta High School Choir at 11 a.m. Chaparral High School's Choir performed on the Old Town Stage at 1 p.m. Temecula Middle School Band performed on the Old Town Temecula Stage beginning at 12 noon, and the afternoon concluded with the brassy sounds of the Valley Winds at 3 p.m. On Sunday, December 8, Dickens of a Christmas offered some old-fashioned music and entertainment with the popular Tintinabulator Bell Choir. More than 30 bells rang out carols during their performance. They were followed with songs and dances from the kids of Temecula Performing Arts. Santa Claus continues to visit with children form 11 a.m. to 4 p.m both Saturday and Sunday at his workshop on Front and Fifth Streets. Free candy canes for the children are provided. The Southwest Soccer Club is taking souvenir Polaroid photographs for a $5 donation. Santa arrived in Old Town Saturday, November 23rd to kick off Dickens of a Christmas in Old Town Temecula. Dickens carolers serenaded Santa as he made his ride through Old Town on a horse-drawn sleigh. The Temecula Vintage Singers rode aboard a horse-drawn trolley from 12 noon to 2 p.m. and the trolley provided free rides to the public until 5 p.m. Temecula's Frontier Days Rodeo Queens helped escort Santa to his destination. Visits and photos with Santa are available every Saturday and Sunday from 11 a.m. to 4 p.m. at 3r~ and Front Street in Old Town Temecula. The event consisted of carolers, bell-ringing choirs, and children dancing to holiday tunes, holiday decorations and a variety of live bands. The Old Town Temecula Stage will feature a variety of musical performances every weekend from November 30 through December 22. Santa Claus will continue to visit with children form 11 a.m. to 4 p.m both Saturday and Sunday at his workshop on Front and Fifth Streets. Free candy canes for the children are provided. The Southwest Soccer Club is taking souvenir Polaroid photographs for a $5 donation. R:\SYE RSI~MONTH LLY~Janua ry282003.doc 3 · BlueGrass Festival The Agency will be hosting the 3rd annual BlueGrass Festival on March 22 and 23 in Old Town Temecula. The weekend will feature fiddling, acoustic harmony and several bands performing both Saturday and Sunday. In addition, the weekend will feature workshops, kids programs, arts & craft exhibits as well as food vendors. Over the next several months the Agency will also be hosting several special events in Old Town Temecula. These events would include Western Days, May 17 and 18, the Street Painting Festival, June 21 & 22, and First Friday-Hot Summer Nights beginning July 5 in Old Town Temecula. R:\SYERSK~MONTHLLYLlan uary282003.doc 4 March 22nd & 23rd, 2003 OLD TOWN TEMECULA, CA 1-15 to Temecula, Old Town Front Street Offramp It's 1 1 a.m.-4 p.m. Featuring: BLUEG SS ETG ~SILVE~DO ~ STEVE SL~UltOIN ~ &NDY mU BAND ~ LILIES OF THE WEST ~ CLAY COUNTY OLD ~ME FOLKE ~ OLDE~ ~ DI~T~ ~ LES ~ LOU Wor~hops, Kids ~ogra~, Arts & ~a~ Exhibits All in Historic Old Town Temecula For more informaHon call: (909) ~9~-6~12 or (9o9) Weekend RVDry Camping $30 TEMECULA PUBLIC FINANCING AUTHORITY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA PUBLIC FINANCING AUTHORITY SEPTEMBER 24, 2002 A regular meeting of the City of Temecula Public Financing Authority was called to order at 7:28 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLLCALL PRESENT: 3 AGENCY MEMBERS: Comerchero, Pratt, and Stone ABSENT: 2 AGENCY MEMBER: Naggar, Roberts Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of September 17. 2002. 2 Authorization of Special Tax Levy in Community Facilities Services District No. 01-02 (Harveston) RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 02-09 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 01-2 (HARVESTON) MOTION: Agency Member Comerchero moved to approve Consent Calendar Item Nos. 1 -2. The motion was seconded by Board Member Pratt and voice vote reflected approval with the exception of Agency Member Naggar and Chairman Roberts who were absent. R:min utes.t pfa\092402 1 EXECUTIVE DIRECTOR'S REPORT No comments. BOARD OF DIRECTORS' REPORTS No comments. ADJOURNMENT At 7:25 P.M., the Temecula Public Financing Authority meeting was formally adjourned. ATTEST: Ron Roberts, Chairman Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:min utes.tpfa\092402 2 ITEM 2 APPROVAL j~/.,/., ~ [ CITY ATTORNEY /.,' ~" wv/2,, ~ DIRECTOR OF FINANCE ~ C,TY MANAGER ~/~r~/./ TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: FROM: DATE: SUBJECT: Temecula Public Financing Authority Executive Director Shawn Nelson January 28, 2003 Formation of Community Facilities District - Crowne Hill RECOMMENDATION: 1. That the Authority adopt the resolutions entitled: RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN - CROWNE HILL RESOLUTION NO. TPFA 03-__ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) BACKGROUND: Lennar Homes of California, Inc. ("Lennar") has requested that the Authority form a community facilities district to (i) assist in the funding of various public improvements necessitated by the construction of the Crowne Hill subdivision or otherwise satisfying obligations arising from the development, and (ii) eliminate an existing County assessment lien on property in the Crowne Hill development. The City and the Redevelopment Agency created the Authority in 2001, by execution of a joint exercise of powers agreement, to provide an independent governmental entity that could consider the formation of community facilities districts and act as the issuer of any community facilities district bonds. The Authority will consider the adoption of two resolutions related to the formation of a community facilities district ("CFD"). The CFD will only include land owned by three entities that will submit petitions requesting formation of the CFD (collectively, the "Landowners"). In their petitions, the Landowners will request that the CFD issue bonds to refinance the outstanding County assessment lien on the property proposed to be included in the CFD, as well as to fund various public improvements described in the petitions. In addition, the CFD will fund $1,000,000 in City median and roadway improvements. Lennar has agreed to pay all City and Authority costs related to the proposed CFD formation and bond issue, and has previously entered into a deposit/reimbursement agreement with the City and the Authority with respect thereto. The bonds would be payable solely from special taxes levied on land in the CFD and collected by the Authority. It is expected that the principal amount of the bonds will be approximately $18,500,000 and that the bonds would be sold in April 2003 with a closing in May 200~3. SPECIFIC ACTIONS: In order to be in a position to consider the formation of the community facilities district in March of this year, the Authority will consider adoption of two resolutions of intention relative to the proposed community facilities district. These resolutions call for public hearings on March 25, 2003 on the formation of the community facilities district and the issuance of bonds, and otherwise specify the boundaries of the CFD (by reference to a map on file with the City Clerk, as Secretary of the Authority), the rate and method of apportionment of special taxes to be levied solely on land in the CFD to repay the bonds, and describe in general terms the improvements to be financed and the lien proposed to be eliminated. FISCAL IMPACT: Lennar has agreed to pay all out of pocket expenses incurred relative to the proposed financing. Costs of issuance of the proposed bond issue will be paid from the proceeds of the bonds to be issued by the Authority. All annual costs of administering the bonds issued will be paid by special taxes levied on the properties in the community facilities district. The bonds will not be obligations of the City or the Redevelopment Agency, but will be limited obligations of the Authority, payable solely from special taxes levied on land in the community facilities district. Attachments: Resolutions (2) RESOLUTION NO. TPFA 03-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN - CROWNE HILL WHEREAS, under the Mello-Roos Community Facilities Act of 1982, constituting Section 53311 et seq. of the California Government Code (the "Law"), this Board of Directors may commence proceedings for the establishment of a community facilities district; and WHEREAS, there have been submitted to this Board of Directors three Petitions (Including Waivers) of the owners of land in the proposed Crowne Hill development (collectively, the "Petitions"), requesting the formation by this Board of Directors of a community facilities district under the Law to be known as the Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) (the "District"); and WHEREAS, under the Law, this Board of Directors is the legislative body for the proposed District and is empowered with the authority to establish the District and levy special taxes within the District; and WHEREAS, this Board of Directors now desires to proceed with the actions necessary to consider the establishment of the District. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. This Board of Directors proposes to begin the proceedings necessary to establish the District pursuant to the Law. Receipt of the three Petitions to form the District is hereby acknowledged. Section 2. The name proposed for the District is Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill). Section 3. The proposed boundaries of the District are as shown on the map of the District on file with the Secretary, which boundaries are hereby preliminarily approved. The Secretary is hereby directed to record, or cause to be recorded, the map of the boundaries of the District in the office of the County Recorder as soon as practicable after the adoption of this Resolution. Section 4. The type of public facilities (the "Facilities") proposed to be eligible for funding by the District and pursuant to the Law, and the fixed special assessment lien to be eliminated in whole or in part by payments from the District and pursuant to the Law, shall consist of those items described on Exhibit A hereto under the heading "Facilities" and "Prior Lien," respectively, which Exhibit is by this reference incorporated herein. R:/TPFA Resos 2003FFPFA 03-01 1 The Executive Director is hereby authorized and directed to enter into a joint community facilities agreement with the City of Temecula, the Rancho California Water District, the Eastern Municipal Water District, the California Department of Transportation and any other public entity that will own and/or operate any of the Facilities, such agreements to be in a form provided by Bond Counsel. Section 5. Except to the extent that funds are otherwise available to the District to pay for the Facilities and the elimination of the Prior Lien and/or pay the principal and interest as it becomes due on bonds of the District issued to finance the Facilities and to eliminate the Prior Lien, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied within the District and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board of Directors or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, and which specifies the tax year after which no further special tax will be levied on land used for private residential purposes and which otherwise complies with applicable provisions of the Law is described in Exhibit B attached hereto which Exhibit is by this reference incorporated herein. This Board of Directors finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the California Government Code (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the District. Section 6. It is the intention of this Board of Directors, acting as the legislative body for the District, to cause bonds of the Authority to be issued for the District pursuant to the Law to finance the costs of the Facilities and to finance the elimination of the Prior Lien. If so issued, the bonds shall be in the aggregate principal amount of not to exceed $25,000,000, shall bear interest payable semi-annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof. Section 7. This Board of Directors reserves to itself the right and authority to allow any interested owner of property in the District, subject to the provisions of Section 53344.1 of the California Government Code and such requirements as it may otherwise impose, and any applicable prepayment penalties as prescribed in the indenture or fiscal agent agreement for any bonds of the Authority for the District, to tender to the Treasurer of the Authority in full payment or part payment of any installment of special taxes or the interest or penalties thereon which may be due or delinquent, but for which a bill has been received, any bond or other obligation secured thereby, in the manner described in Section 53344.1 of the California Government Code. Section 8. The levy of said proposed special tax shall be subject to the approval of the qualified electors of the District at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in the proposed District, with each owner having one vote for each acre or portion of an acre of land such owner owns in the District. Section 9. Except as may otherwise be provided by law or the rate and method of apportionment of the special tax for the District, all lands owned by any public entity, including the United States, the State of California and/or the City of Temecula, or any departments or R:/TPFA Resos 2003fTPFA 03-01 2 political subdivisions of any thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the Facilities, the elimination of the Prior Lien, the issuance of bonds by the Authority for the District and any expenses of the District. Section 10. The Director of Public Works of the City of Temecula is hereby directed to study said proposed Facilities and proposed defeasance of the Prior Bonds and to make, or cause to be made, and file with the Secretary a report in writing, presenting the following: (a) A brief description of the Facilities and the Prior Lien. (b) An estimate of the fair and reasonable cost of providing the Facilities and of eliminating the Prior Lien, including the incidental expenses in connection therewith, including the costs of the proposed bond financing, any Authority or City of Temecula administrative costs and all other related costs. Said report shall be made a part of the record of the public hearing provided for below. Section 11. Tuesday, March 25, 2003, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this Board of Directors, City Council Chambers, Temecula City Hall, 43200 Business Park Drive, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public hearing on the establishment of the District and consider and finally determine whether the public interest, convenience and necessity require the formation of the District and the levy of said special tax. Section 12. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form of Exhibit C hereto. Section 13. The firms of Fieldman, Rolapp & Associates, Albert A. Webb Associates, Stone & Youngberg LLC, Stephen G. White, MAI, Quint & Thimmig LLP and McFarlin & Anderson are hereby designated as financial advisor, special tax consultant, underwriter, appraiser, bond counsel and disclosure counsel, respectively, to the Authority for the District. The Executive Director is hereby authorized to execute agreements with said firms for their services related to the District provided that all fees and expenses of such firms are payable solely from deposits by the landowners in the District or other representatives, or from the proceeds of the bonds, if any, issued by the Authority for the District. Section 14. The Board of Directors hereby determines that the contemplated formation of a community facilities district and issuance of community facilities district special tax bonds involving the Authority and the District, in accordance with Section 15061(b) of the California Environmental Quality Act (CEQA) Guidelines is not a "Project," as defined in Section 15378 of the CEQA Guidelines, and is therefore exempt from the requirements of CEQA. Pursuant to CEQA Guidelines Sections 15061(d) and 15062, the Secretary is hereby directed to cause a Notice of Exemption to be prepared, executed and filed in regard to the foregoing determination. R:/TPFA Resos 2003/TPFA 03-01 3 Section 15. This Resolution shall take effect upon its adoption. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Pub)ic Financing Authority at a meeting held on the 28th day of January, 2003. ATTEST: Chairperson Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 03-01 was duly adopted at a special meeting of the Board of Directors of the Temecula Public Financing Authority on the 28~h day of January, 2003, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: Susan W. Jones1 CMC City Clerk/Authority Secretary R:/TPFA Resos 2003/TPFA 03-01 4 EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) DESCRIPTION OF FACILITIES ELIGIBLE TO BE FUNDED BY THE DISTRICT AND PRIOR LIEN TO BE ELIMINATED BY THE DISTRICT FACILITIES The CFD may finance all or a portion of the costs of the following: 1. Traffic Signal Improvements; including design engineering, survey, construction staking, soils engineering, construction management, traffic signal interconnect, City encroachment permits, inspection and plan check fees. Locations are as described below. · De Portola Road & Butterfield Stage Road intersection · Crowne Hill Drive & Butter[ield Stage Road intersection · Royal Crest Place & Butterfield Stage Road intersection · Pauba Road & Butterfield Stage Road intersection 2. Street Improvements; including design engineering, survey, construction staking, soils engineering, rough grading & erosion control, construction management, City encroachment permits, inspection and plan check fees, and including any additional improvements described below. Butterfield Stage Road; easterly side improvements from the northerly boundary line of Tract No. 23143-3 north to Pauba Road. Additional improvements include concrete sidewalks, concrete curb & gutter, asphalt pavement, paint striping markers & signs. Crowne Hill Drive; full width improvements from the northerly boundary line of Tract No. 23143-3 north to Pauba Road. Additional improvements include concrete sidewalks, concrete curb & gutter, asphalt pavement, paint striping, markers & signs. Royal Crest Place; full width improvements from Butterfield Stage Road easterly to Crowne Hill Drive. Additional improvements include concrete sidewalks, concrete curb & gutter, asphalt pavement, paint striping, markers & signs. Pauba Road; southerly side improvements from Butterfield Stage Road easterly to Via Del Monte. Additional improvements include concrete sidewalks, concrete curb & gutter, asphalt pavement, paint striping, markers & signs. 3. Storm Drain Improvements; including design engineering, survey, construction staking, soils engineering, erosion control, construction management, City inspection and plan check fees, and including any additional improvements described below. Royal Crest Place; improvements as shown on the Assessment District No. 159 Storm Drain plans (with the exception of Line H 42" RCP & 48" RCP Sta. 12+47 to Sta. 18+96 portion to be maintained by RCFCD). Additional improvements include main lines, laterals, catch basins, junction & transition structures, manholes and other related facilities. 4. Park Site Improvements; including design engineering, survey, construction staking, soils engineering, landscape architecture, construction management, land acquisition costs, City inspection and plan check fees, and including any additional improvements described below. Park Site "A" Tract No. 23143 final Lot 104; Additional improvements include parking area improvements, tot lot with play equipment, picnic tables, covered picnic shelter, restroom facility, half court basketball, meandering pathway with bench seating, useable turf area, landscaping & irrigation, security lighting and other related facilities. 5. Dry Utility Improvements; including design engineering, utility consultant, survey, construction staking, soils engineering, construction management, Utility Agency fees, and including any additional improvements described below. Butterfield Stage Road; easterly side improvements from the northerly boundary line of Tract No. 23143-3 north to Pauba Road. Additional improvements include streetlights, electric power backbone system and other related facilities. Crowne Hill Drive; from the northerly boundary line of Tract No. 23143-3 north to Pauba Road. Additional improvements include street lights, electric power backbone system, telephone backbone system, gas main distribution system, CATV and other related facilities. Royal Crest Place; from Butterfield Stage Road easterly to Crowne Hill Drive. Additional improvements include street lights, electric power backbone system, telephone backbone system, gas main distribution system CATV and other related facilities. Pauba Road; southerly side improvements from Butterfield Stage Road easterly to Via Del Monte. Additional improvements include street lights, electric power backbone system, telephone backbone system, gas main distribution system CATV and other related facilities. 6. Wet Utility Improvements; sanitary sewer & domestic water system improvements including design engineering, survey, construction staking, soils engineering, construction management, City encroachment permit, Rancho California Water District and Eastern Municipal Water District inspection and plan check fees, and including any additional improvements described below. Butterfield Stage Road; improvements at the intersection of Royal Crest Place. Additional improvements include pavement removal, replacement and traffic control and related items. A-2 Royal Crest Place; from the Crowne Hill Drive connection westerly to Butterfield Stage Road. Additional improvements include sanitary sewer & domestic water system improvements and related items. Crowne Hill Drive; from Pauba Road southerly to the connection of the existing sewer at the northerly boundary of Tract No. 23143-3 (with respect to sewer system improvements); and from the connection to the existing water line installed as Phase 1 near the intersection of Paraguay Road northerly to the connection at Pauba Road (with respect to water system improvements). Additional improvements include sanitary sewer & domestic water system improvements and related items. Pauba Road, from Butterfield Stage Road easterly to Via Del Monte. Additional improvements include domestic water system improvements and related items. 7. Street Systems Improvements; costs of construction of Butterfield Stage Road, including but not limited to preliminary engineering and design costs; environmental clearance and permitting costs; right-of-way costs; the cost for preparation of final plans, specifications and estimates; as well as construction costs of the improvements. 8. City Facilities; improvements to the City Hall complex, including but not limited to: preliminary engineering and design costs; environmental clearance and permitting costs; additional property acquisition costs; the cost for preparation of final plans, specifications and estimates; as well as construction costs of the improvements. 9. Fire Protection Facilities; the Wolf Valley Rd. Fire Station, including, but not limited to: preliminary engineering and design costs; environmental clearance and permitting costs; property acquisition costs; utility costs; the cost for preparation of final plans, specifications and estimates; as well as fire station construction costs. 10. Libraries; a City library, currently proposed on Pauba Rd. (but may be constructed at another suitable location in the City), including, but are not limited to: preliminary engineering and design costs; environmental clearance and permitting costs; property acquisition costs; utility costs; the cost for preparation of final plans, specifications and estimates; as well as library construction costs, including necessary frontage improvements on Pauba Rd. 11. State Route 79 (SR-79) Improvements; all work required to complete proposed facility upgrades and enhancements along the SR-79 corridor. Improvements include but are not limited to: roadway improvements including roadway realignments, widenings, and rehabilitation; storm drain improvements; intersection improvements; traffic signal modifications; raised medians including landscaping and irrigation systems; striping and signage modifications; parkway improvements including sidewalks, parkway landscaping and irrigation and utility relocations. The work necessary to facilitate the described SR-79 improvements includes but is not limited to preliminary engineering, right-of-way engineering and acquisition, environmental clearance and permit processing, design engineering, and construction management and permitting. 12. Interstate 15 (I-15)/State Route 79 (SR-79) Interchange Improvements; all work required to complete interchange upgrades and enhancements. Interchange improvements include but are not limited to: on-ramp and off-ramp modifications including realignments, widenings; traffic signal modifications; new freeway or ramp bridges, bridge replacement or widening; retaining walls; storm drain improvements; striping and signage modifications; parkway improvements including sidewalks, parkway landscaping and irrigation and utility relocations. The work necessary to facilitate the described interchange improvements includes but is not limited to preliminary engineering, right-of-way engineering and acquisition, environmental clearance and permit processing, design engineering, and construction management and permitting. 13. Water system and/or sewer system improvements to be designated by the Rancho California Water District on which it will expend $1,341,260 of bond funds. 14. Sanitary sewer system and/or water system improvements to be designated by the Eastern Municipal Water District on which it will expend $2,575,856 of bond funds. PRIOR LIEN The CFD may fund amounts necessary to eliminate all or a portion of the lien imposed by the County of Riverside Assessment District No, 159 on the real property within the CFD. OTHER The CFD may also finance any of the following: 1. Bond related expenses, including underwriter's discount, reserve fund, capitalized interest, bond and disclosure counsel and all other incidental expenses. 2. Administrative fees of the Authority, the City of Temecula and the bond trustee or fiscal agent related to the CFD and any bonded indebtedness of the CFD. 3. Reimbursement of costs related to the formation of the CFD advanced by the Authority, the City or any related entity, or any landowner or developer within the CFD, as well as reimbursement of any costs advanced by the Authority or any related entity, or any landowner or developer within the CFD, for facilities, fees or other purposes or costs of the CFD. EXHIBIT B TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX [insert final draft of R&M to come from Webb Associates] B-1 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX A Special Tax shall be levied and collected on all Taxable Property located within the boundaries of the Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill), ("CFD"). The amount of Special Tax to be levied in each Fiscal Year, commencing in Fiscal Year 2003-04 on a Parcel shall be determined by the Board of Directors of the Temecula Public Financing Authority or its designee, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax as set forth in Sections B., C., and D., below. All of the real property within the CFD, unless exempted by law or by the provisions in Section E., shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of a Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other similar recorded County instrument. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1 of Division 2 of Title 5 of the California Government Code of the State of Califomia. "Administrative Expenses" the actual or reasonably estimated costs directly related to the administration of the CFD, including but not limited to: the costs of computing the Special Taxes and of preparing the annual Special Tax collection schedules (whether by the CFD Administrator or designee thereof or both); the costs of collecting the Special Taxes (whether by the Authority, County, City, or otherwise); the costs of remitting the Special Taxes to the Trustee for any Bonds; the costs of commencing and pursuing to completion any foreclosure action arising from delinquent Special Taxes; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under any Indenture; the costs of the Authority, City or designee in complying with arbitrage rebate and disclosure requirements of applicable federal and State securities laws, the Act and the California Government Code, including property owner inquiries regarding the Special Taxes; the costs associated with the release of funds from any escrow account; the costs of the Authority, City or designee related to an appeal of the Special Tax; and an allocable share of the salaries of the City staff and City overhead expense directly relating to the foregoing. Administrative Expenses shall also include amounts advanced by the City or the Authority for any administrative purposes of the CFD. "Approved Property" means for any Fiscal Year, all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Temecula Public Financing Authority 1 Community Facilities District No. 03-1 (Crowne Hill) Year in which the Special Tax is being levied, and (ii) for which a building permit was not issued prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied. "Assessor's Parcel Map" means an official map of the County designating parcels by a parcel number. "Assigned Special Tax" means the Special Tax for each Land Use Category of Developed Property, as determined in accordance with Section C. 1 .a., below. "Authority" means the Temecula Public Financing Authority. "Backup Special Tax" means the Special Tax amount set forth in Section C.l.b. below. "Board of Directors" means the Board of Directors of the Authority, acting as the legislative body of the CFD. "Bonds" means any bonds or other indebtedness (as defined in the Act) issued by the CFD and secured by the levy of Special Taxes. "CFD" means Community Facilities District No. 03-1 (Crowne Hill) of the Authority established pursuant to the Act. "CFD Administrator" means the Finance Director of the City, or designee thereof, responsible for determining the Special Tax Requirement and various other amounts described herein and for providing for the levy and collection of the Special Taxes. "City" means the City of Temecula. "County" means the County of Riverside. "Developed Property" means all Parcels of Taxable Property, not classified as Approved Property, Undeveloped Property, Public Property and/or Property Owner's Association Property that are not Exempt Property pursuant to the provisions of Section E., below: (i) that are included in a Final Map that was recorded prior to January Ist preceding the Fiscal Year in which the Special Tax is being levied and (ii) a building permit for new construction has been issued pr/or to April 1st preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means any Parcel, which is exempt from Special Taxes pursuant to Section E., below. "Final Map" means a subdivision of property evidenced by the recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or the recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. Temecula Public Financing Authority 2 Community Facilities District No. 03-1 (Crowne Hill) "Fiscal Year" means the period starting on July 1st and ending on the following June 30th "Indenture" means the indenture, trust agreement, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Category" means any of the categories listed in Tables 1 and 2. "Maximum Special Tax" means the Maximum Special Tax, determined in accordance with Section C, which can be levied in any Fiscal Year on any Parcel. "Multifamily Residential Property" means any Parcel of Residential Property that consists of a building or buildings comprised of attached residential units available for rental but not purchase, by the general public and under common management. "Non-Residential Property" means all Parcels of Developed Property for which a building permit was issued for any type of non-residential use. "Parcel(s)" means a lot or parcel shown on an Assessor's Parcel Map with an assigned parcel number as of January lst preceding the Fiscal Year for which the Special Tax is being levied. "Property Owner's Association Property" means any property within the boundary of the CFD, which, as of January 1st of the preceding Fiscal Year for which the Special Tax is being levied has been conveyed, dedicated to, or irrevocably dedicated to a property owner association, including any master or sub-association. "Proportionately" means for Developed Property that the ratio of the actual Special Tax levy to the Assigned Special Tax or Backup Special Tax is the same for all Parcels of Developed Property and for Undeveloped Property, Public Property and/or Property Owners Association Property that is not Exempt Property pursuant to Section E., for each applicable Zone, that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all such Parcels within each applicable Zone. "Public Property" means any property within the boundary of the CFD which, as of January 1st of the preceding Fiscal Year for which the Special Tax is being levied is used for rights- of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State of California, the County, City or any other local jurisdiction, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use. "Residential Floor Area" means all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be made by the CFD Administrator with reference to the building permit(s) issued for such Assessor's Parcel or other appropriate means selected by the CFD Administrator. Once such determination has been made for a parcel, it shall remain fixed in all future Fiscal Years. Temecula Public Financing Authority 3 Community Facilities District No. 03-1 (Crowne Hill) "Residential Property" means all Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Special Tax(es)" means the special tax to be levied in each Fiscal Year on each Parcel of Taxable Property. "Special Tax Requirement" means that amount required in any Fiscal Year to pay: (i) annual debt service on all outstanding Bonds due in the calendar year which commences in such Fiscal Year; (ii) periodic costs on the Bonds, including but not limited to, credit enhancement and rebate payments on the Bonds; (iii) Administrative Expenses; (iv) an amount equal to any anticipated shortfall due to Special Tax delinquency in the prior Fiscal Year; and (v) any amounts required to establish or replenish any reserve funds for the outstanding Bonds; less (vi) a credit for funds available to reduce the annual Special Tax levy as determined pursuant to the Indenture. "Taxable Property" means all Parcels in the CFD which have not prepaid pursuant to Section H, or are not exempt from the Special Tax pursuant to law or Section E., below. "Undeveloped Property" means all Taxable Property not classified as Developed Property, Approved Property, Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section E. "Zone(s)" means Zone 1 or Zone 2 as geographically identified on the boundary map of the CFD, attached as Exhibit 1. "Zone 1" means the specific area identified on the boundary map attached as Exhibit 1 as Zone 1 of the CFD. "Zone 2" means the specific area identified on the boundary map attached as Exhibit 1 as Zone 2 of the CFD. B. ASSIGNMENT TO LAND USE CATEGORY Each Fiscal Year, commencing with the 2003-2004 Fiscal Year, all Parcels of Taxable Property within the CFD of each applicable Zone shall be classified as either Developed Property, Approved Property, Undeveloped Property, Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions in Section E., and shall be subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C., and D., below. Parcels of Developed Property shall further be classified as Residential Property or Non- Residential Property. A Parcel of Residential Property shall further be classified to its appropriate Land Use Category based on the Residential Floor Area of such Parcel unless it qualifies as Multifamily Residential Property, for which the Assigned Special Tax shall be based on the number of dwelling units. Temecula Public Financing Authority 4 Community Facilities District No. 03-1 (Crowne Hill) C. MAXIMUM SPECIAL TAX RATE 1. Developed Property The Maximum Special Tax for each Parcel of Residential Property within its applicable Zone that is classified as Developed Property shall be thc greater of: (i) the applicable Assigned Special Tax described in Tables 1 or 2, or (ii) the amount derived by application of the Backup Special Tax. The Maximum Special Tax for each Parcel of Non-Residential Property shall be the Assigned Special Tax described in Tables 1 or 2. a. Assigned Special Tax The Assigned Special Tax for each Parcel of Developed Property is shown in Tables 1 or 2. TABLE 1 Assigned Special Taxes for Developed Property within Zone 1 ::~Taxabie SP~ciai Ta~ Per Land Use Cate$ory Unit Residential Floor Area T~Xable Unit A - Residential Property D/U 4,301 or more sq. ft. $5,136 B - Residential Property D/U 3,701 or more, but less than 4,300 sq. ft.$2,457 C - Residential Property DFU 3,201 or more, but less than 3,700 sq. tl.$2,258 D - Residential Property D/U 2,901 or more, but less than 3,200 sq. t~.$1,754 E - Residential Property D/U 2,601 or more, but less than 2,900 sq. ft.$1,594 F - Residential Propert7 D/U 2,301 or more, but less than 2,600 sq. ft.$1,442 G - Residential Property D/U 2,001 or more, but less than 2,300 sq. ft.$1,427 H - Residential Property DKI Less than 2,000 sq. ft. $1,363 I - Mulfifamily Residential Property Unit N/A $308 J - Non-Residential Propert7 Acre N/A $5,547 Temecula Public Financing Authority 5 Community Facilities District No. 03-1 (Crowne Hill) TABLE 2 Assigned Special Taxes for Developed Property within Zone 2 Lan~s~ ~Cat~[3o, y : Residential Floor ~ea A - Resi&ntial Prope~ D~ 3,301 or more sq. ~. $1,927 B - Residential Prope~ D~ 2,801 or more, but less ~an 3,300 sq. ~. $1,824 C - Residential Prope~ D~ 2,501 or more, but less th~ 2,800 sq. fl. $1,539 D - Residential Prope~ D~ 2,301 or more, but less ~ 2,500 sq. fl. $1,5~ E - Residential Prope~ D~ 2,101 or more, but less ~ 2,300 sq. ~. $1,436 F- Residemial Prope~ D~ Less ~an 2, 100 sq. ~. $1,316 G - Multifa~ly Residential Prope~ Unit N/A $473 H - Non-Resi&nhal Prope~ Acre N/A $8,519 b. Backup Special Tax Zone 1 The Backup Special Tax shall be $5,547 per Acre for Parcels of Residential Property that are included in a Final Map. Zone 2 The Backup Special Tax shall be $8,519 per Acre for Parcels of Residential Property that are included in a Final Map. Notwithstanding the foregoing, if parcels of Residential property are subsequently changed or modified by recordation of a lot line adjustment or similar instrument, then the Backup Special Tax shall be recalculated. 2. Approved Property The Maximum Special Tax for each Parcel of Approved Property within the applicable Zone shall be the Backup Special Tax computed pursuant to Section C.1 .b. 3. Undeveloped Property The Maximum Special Tax for each Parcel of Undeveloped Property within Zone 1 shall be $5,547 per Acre and the Maximum Special Tax for each Parcel of Undeveloped Property within Zone 2 shall be $8,519 per Acre. 4. Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section E. The Maximum Special Tax for each Parcel of Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section E., Temecula Public Financing Authority 6 Community Facilities District No. 03-1 (Crowne Hill) within Zone 1 shall be $5,547 per Acre and the Maximum Special Tax for each Parcel o~f Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section E., within Zone 2 shall be $8,519 per Acre. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2003-2004 and for each following Fiscal Year, the Board of Directors shall levy the Special Tax on all Taxable Property until the amount of Special Taxes equals the Special Tax Requirement in accordance with the following steps: First: The Special Tax shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rate in Tables 1 or 2 as needed to satisfy the Special Tax Requirement; Second: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax for Approved Property; Third: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property; Fourth: If additional moneys are needed to satisfy the Special Tax Requirement afier the first three steps have been completed, the Special Tax to be levied on each Parcel of Developed Property whose Maximum Special Tax is derived by the application of the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Parcel; Fifth: If additional moneys are needed to satisfy the Special Tax Requirement afier the first four steps have been completed, the Special Tax shall be levied Proportionately on each Parcel of Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section E., at up to 100% of the Maximum Special Tax. Notwithstanding the above, under no circumstances will the Special Taxes levied against any Parcel of Residential Property be increased by more than ten percent (10%) per Fiscal Year as a consequence of delinquency or default by the owner of any other Parcel within the CFD. E. EXEMPTIONS 1. Zone 1 Special Taxes shall not be levied on up to 93.41 Acres of Public Property and/or Property Owner's Association Property within Zone 1 of the CFD. The CFD Administrator will assign Exempt Property status in the chronological order in which property becomes Public Property and/or Property Owner's Association Property within Zone 1. Temecuia Public Financing Authority 7 Community Facilities District No. 03-1 (Crowne Hill) After the limit of 93.41 Acres within Zone 1 of the CFD has been reached, the Maximum Special Tax obligation for any additional Public Property and/or Property Owner's Association Property shall be prepaid in full pursuant to Section H., prior to the transfer or dedication of such property. Until the Maximum Special Tax obligation is prepaid as provided for in the preceding sentence, the Public Property and/or Property Owner's Association Property within the CFD shall be subject to the levy of the Special Tax as provided for in the fifth step in Section D. 2. Zone 2 Special Taxes shall not be levied on up to 30.43 Acres of Public Property and/or Property Owner's Association Property within Zone 2 of the CFD. The CFD Administrator will assign Exempt Property status in the chronological order in which property becomes Public Property and/or Property Owner's Association Property within Zone 2. After the limit of 30.43 Acres within Zone 2 of the CFD has been reached, the Maximum Special Tax obligation for any additional Public Property and/or Property Owner's Association Property shall be prepaid in full pursuant to Section H., prior to the transfer or dedication of such property. Until the Maximum Special Tax obligation is prepaid as provided for in the preceding sentence, the Public Property and/or Property Owner's Association Property within the CFD shall be subject to the levy of the Special Tax as provided for in the fifth step in Section D. F. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary Ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the CFD Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act if necessary to meet the financial obligations of the CFD. G. REVIEW AND APPEAL Any taxpayer may file a written appeal of the Special Tax levied on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant's property. No refunds of previously paid Special Taxes shall be made. Temecula Public Financing Authority 8 Community Facilities District No. 03-1 (Crowne Hill) H. PREPAYMENT OF SPECIAL TAX The following definitions apply to this Section H: "CFD Public Facilities means $16,500,000 expressed in 2002 dollars, which shall increase by the Construction Inflation Index on July I, 2003, and on each July 1 thereafier, or such lower number as (i) shall be determined by the CFD Administrator as sufficient to provide the public facilities under the authorized bonding program of the CFD, or (ii) shall be determined by the Board of Directors concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes levied under this Rate and Method of Apportionment. "Construction Fund" means an account specifically identified in the Indenture to hold funds that are currently available for expenditure to acquire or construct public facilities eligible under the Act. "Construction Inflation Index" means the annual percentage change in the Engineering News-Record Building Cost Index for the City of Los Angeles, measured as of the calendar year, which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Engineering New-Record Building Cost Index for the City of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities minus public facility costs available to be funded through existing construction escrow accounts or funded by the Bonds, and minus public facility costs funded by interest earnings on the Construction Fund actually eamed prior to the date of prepayment. "Outstanding Bonds" means all previously issued Bonds secured by the levy of Special Taxes, which will remain outstanding afier the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Special Taxes. 1. Prepayment in Full The Maximum Special Tax obligation may only be prepaid and permanently satisfied by a Parcel of Developed Property, Approved Property for which a building permit has been issued, or Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to Section E. The Maximum Special Tax obligation applicable to such Parcel may be fully prepaid and the obligation of the Parcel to pay the Special Tax permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to the Parcel at the time of prepayment. An owner of a Parcel intending to prepay the Maximum Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay, and within 10 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the proper prepayment amount. Within 5 business days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the Temecula Public Financing Authority 9 Community Facilities District No. 03-1 (Crowne Hill) Prepayment Amount of such Parcel. Prepayment must be made not less than 60 days prior to any redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus plus plus plus less Total: equals Redemption Premium Future Facilities Amount Defeasance Amount Administrative Fees and Expenses Reserve Fund Credit Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: Paragraph No.: For Parcels of Developed Property, compute the Maximum Special Tax for the Parcel to be prepaid. For Parcels of Approved Property to be prepaid, compute the Maximum Special Tax for that Parcel as though it was already designated as Developed Property, based upon the building permit, which has already been issued for that Parcel. For Parcels of Public Property and/or Property Owner's Association Property to be prepaid, compute the Maximum Special Tax for that Parcel. Divide the Maximum Special Tax computed pursuant to paragraph 1 by the total estimated Maximum Special Taxes based on the Developed Property Special Tax which could be charged on all expected development, less any Parcels which have been prepaid. Multiply the quotient computed pursuant to paragraph 2 by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amount"). Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium '). 5. Compute the Future Facilities Costs. Multiply the quotient computed pursuant to paragraph 2 by the amount determined pursuant to paragraph 5 to compute the amount of Future Facilities Costs to be prepaid (the "Future Facilities Amount'9 Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds. Temecula Public Financing Authority 10 Community Facilities District No. 03-1 (Crowne Hill) 8. Determine the Special Taxes levied on the Parcel in the current Fiscal Year which have not yet been paid. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the Bond Redemption Amount less the Future Facilities Amount from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. 10. Add the amounts computed pursuant to paragraphs 7 and 8 and subtract the amount computed pursuant to paragraph 9 (the "Defeasance Amount"). 11. Verify the administrative fees and expenses, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming the Outstanding Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses"). 12. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. 13. The Maximum Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 3, 4, 6, 10 and 11, less the amount computed pursuant to paragraph 12 (the "Prepayment Amount"). 14. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 10 and 12 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 6 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 11 shall be retained by the CFD. The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of Bonds or to make debt service payments. As a result of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 8 (above), the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Parcel from the County tax rolls. With respect to any Parcel that is prepaid, the Board of Directors shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Parcel, and the obligation of such Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Taxes that may be levied on Taxable Property after the Temecula Public Financing Authority I 1 Community Facilities District No. 03-1 (Crowne Hill) proposed prepayment is at least 1.10 times the maximum annual debt service on all Outstanding Bonds. 2. Prepayment in Part The Maximum Special Tax on a Parcel of Developed Property or a Pamel of Approved Property for which a building permit has been issued may be partially prepaid in increments of $5,000. The amount of the prepayment shall be calculated as in Section H. 1., except that a partial prepayment shall be calculated according to the following formula: PP = ((PE -A)x F)+A These terms have the following meaning: PP = the partial prepayment PE = the Prepayment Amount calculated according to Section H.1 F = the percent by which the owner of the Parcel(s) is partially prepaying the Maximum Special Tax. A = the Administrative Fees and Expenses calculated according to Section H. 1 An owner of a Parcel intending to partially prepay the Maximum Special Tax shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Maximum Special Tax, (ii) the percentage by which the Maximum Special Tax shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if applicable, and within 10 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the proper amount of a partial prepayment. Within 5 business days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the partial Prepayment Amount of such Parcel. Partial prepayment must be made not less than 60 days prior to any redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes. With respect to any Parcel that is partially prepaid, the CFD Administrator shall (i) distribute the funds remitted to it according to Paragraph 14 of Section H.I., and (ii) indicate in the records of the CFD that there has been a partial prepayment of the Maximum Special Tax and that a portion of the Maximum Special Tax equal to the outstanding percentage (1.00 - F) of the remaining Maximum Special Tax shall continue to be authorized to be levied on such Parcel pursuant to Section D. I. TERM OF THE SPECIAL TAX For each year that any Bonds are outstanding the Special Tax shall be levied on all Parcels subject to the Special Tax. If any delinquent Special Taxes remain uncollected prior to or after all Bonds are retired, the Special Tax may be levied to the extent necessary to reimburse the CFD for uncollected Special Taxes associated with the levy of such Special Taxes, but not later than the 2043-2044 Fiscal Year. Temecula Public Financing Authority 12 Community Facilities District No. 03-1 (Crowne Hill) EXHIBIT C TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) NOTICE OF PUBLIC HEARING Notice is hereby given that on January 28, 2003, the Board of Directors of the Temecula Public Financing Authority adopted a Resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention To Establish A Community Facilities District And To Authorize The Levy Of Special Taxes Therein - Crowne Hill." Pursuant to the Mello-Roos Community Facilities Act of 1982, the Board of Directors of the Authority hereby gives notice as follows: A. The text of said Resolution of Intention is as follows: WHEREAS, under the Mello-Roos Community Facilities Act of 1982, constituting Section 53311 et seq. of the California Government Code (the "Law"), this Board of Directors may commence proceedings for the establishment of a community facilities district; and WHEREAS, there have been submitted to this Board of Directors three Petitions (Including Waivers) of the owners of land in the proposed Crowne Hill development (collectively, the "Petitions"), requesting the formation by this Board of Directors of a community facilities district under the Law to be known as the Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) (the "District"); and WHEREAS, under the Law, this Board of Directors is the legislative body for the proposed District and is empowered with the authority to establish the District and levy special taxes within the District; and WHEREAS, this Board of Directors now desires to proceed with the actions necessary to consider the establishment of the District. NOW, THEREFQRE, BE IT RESQLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. This Board of Directors proposes to begin the proceedings necessary to establish the District pursuant to the Law. Receipt of the three Petitions to form the District is hereby acknowledged. Section 2. The name proposed for the District is Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill). Section 3. The proposed boundaries of the District are as shown on the map of the District on file with the Secretary, which boundaries are hereby preliminarily approved. The Secretary is hereby directed to record, or cause to be recorded, the map C-1 of the boundaries of the District in the office of the County Recorder as soon as practicable after the adoption of this Resolution. Section 4. The type of public facilities (the "Facilities") proposed to be eligible for funding by the District and pursuant to the Law, and the fixed special assessment lien to be eliminated in whole or in part by payments from the District and pursuant to the Law, shall consist of those items described on Exhibit A hereto under the heading "Facilities" and "Prior Lien," respectively, which Exhibit is by this reference incorporated herein. The Executive Director is hereby authorized and directed to enter into a joint community facilities agreement with the City of Temecula, the Rancho California Water District, the Eastern Municipal Water District, the California Department of Transportation and any other public entity that will own and/or operate any of the Facilities, such agreements to be in a form provided by Bond Counsel. Section 5. Except to the extent that funds are otherwise available to the District to pay for the Facilities and the elimination of the Prior Lien and/or pay the principal and interest as it becomes due on bonds of the District issued to finance the Facilities and to eliminate the Prior Lien, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied within the District and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board of Directors or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, and which specifies the tax year after which no further special tax will be levied on land used for private residential purposes and which otherwise complies with applicable provisions of the Law is described in Exhibit B attached hereto which Exhibit is by this reference incorporated herein. This Board of Directors finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the California Government Code (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the District. Section 6. It is the intention of this Board of Directors, acting as the legislative body for the District, to cause bonds of the Authority to be issued for the District pursuant to the Law to finance the costs of the Facilities and to finance the elimination of the Prior Lien. If so issued, the bonds shall be in the aggregate principal amount of not to exceed $25,000,000, shall bear interest payable semi-annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof. Section 7. This Board of Directors reserves to itself the right and authority to allow any interested owner of property in the District, subject to the provisions of Section 53344.1 of the California Government Code and such requirements as it may otherwise impose, and any applicable prepayment penalties as prescribed in the indenture or fiscal agent agreement for any bonds of the Authority for the District, to tender to the Treasurer of the Authority in full payment or part payment of any installment of special taxes or the C-2 interest or penalties thereon which may be due or delinquent, but for which a bill has been received, any bond or other obligation secured thereby, in the manner described in Section 53344.1 of the California Government Code. Section 8. The levy of said proposed special tax shall be subject to the approval of the qualified electors of the District at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in the proposed District, with each owner having one vote for each acre or portion of an acre of land such owner owns in the District. Section 9. Except as may otherwise be provided by law or the rate and method of apportionment of the special tax for the District, all lands owned by any public entity, including the United States, the State of California and/or the City of Temecula, or any departments or political subdivisions of any thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the Facilities, the elimination of the Prior Lien, the issuance of bonds by the Authority for the District and any expenses of the District. Section 10. The Director of Public Works of the City of Temecula is hereby directed to study said proposed Facilities and proposed defeasance of the Prior Bonds and to make, or cause to be made, and file with the Secretary a report in writing, presenting the following: (a) A brief description of the Facilities and the Prior Lien. (b) An estimate of the fair and reasonable cost of providing the Facilities and of eliminating the Prior Lien, including the incidental expenses in connection therewith, including the costs of the proposed bond financing, any Authority or City of Temecula administrative costs and all other related costs. Said report shall be made a part of the record of the public hearing provided for below. Section 11. Tuesday, March 25, 2003, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this Board of Directors, City Council Chambers, Temecula City Hall, 43200 Business Park Drive, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public hearing on the establishment of the District and consider and finally determine whether the public interest, convenience and necessity require the formation of the District and the levy of said special tax. Section 12. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form of Exhibit C hereto. Section 13. The firms of Fieldman, Rolapp & Associates, Albert A. Webb Associates, Stone & Youngberg LLC, Stephen G. White, MAI, Quint & Thimmig LLP and McFarlin & Anderson are hereby designated as financial advisor, special tax consultant, C-3 underwriter, appraiser, bond counsel and disclosure counsel, respectively, to the Authority for the District. The Executive Director is hereby authorized to execute agreements with said firms for their services related to the District provided that all fees and expenses of such firms are payable solely from deposits by the landowners in the District or other representatives, or from the proceeds of the bonds, if any, issued by the Authority for the District. Section 14. The Board of Directors hereby determines that the contemplated formation of a community facilities district and issuance of community facilities district special tax bonds involving the Authority and the District, in accordance with Section 15061(b) of the California Environmental Quality Act (CEQA) Guidelines is not a "Project," as defined in Section 15378 of the CEQA Guidelines, and is therefore exempt from the requirements of CEQA. Pursuant to CEQA Guidelines Sections 15081(d) and 15062, the Secretary is hereby directed to cause a Notice of Exemption to be prepared, executed and filed in regard to the foregoing determination. Section 15. This Resolution shall take effect upon its adoption. B. The exhibits to the Resolution which describe the facilities to be funded, the prior lien to be eliminated and the rate and method of appodionment of the special taxes for the district are on file in the office of the Secretary of the Authority. C. The time and place established under said Resolution for the public hearing required under the Act are Tuesday, March 25, 2003, at the hour of 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of the Board of Directors, City Council Chambers, Temecula City Hall, 43200 Business Park Drive, Temecula, California. D. At said hearing, the testimony of all interested persons or taxpayers for or against the establishment of the district, the extent of the district or the furnishing of the specified types of facilities or other specific purposes of the district will be heard. Any person interested may file a protest in writing with the Secretary. If fifty percent or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be included in the district, or the owners of one-half or more of the area of land in the territory proposed to be included in the district and not exempt from the special tax file written protests against the establishment of the district and the protests are not withdrawn to reduce the value of the protests to less than a majority, the Board of Directors shall take no further action to establish the district or levy the special taxes for a period of one year from the date of the decision of the Board of Directors, and if the majority protests of the registered voters or the landowners are only against the furnishing of a type or types of facilities within the district or a specific purpose of the district, or against levying a specified special tax, those types of facilities, or those specific purposes or the specified special tax will be eliminated from the proceedings to form the district. E. The proposed voting procedure shall be by special mail or hand-delivered ballot to the property owners within the territory proposed to be included in the district. Dated: February __, 2003 /s/ Susan W. Jones, CMC City Clerk/Authority Secretary, Temecula Public Financing Authority C-4 RESOLUTION NO. TPFA 03-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) WHEREAS, this Board of Directors has this date adopted its Resolution entitled '% Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention to Establish a Community Facilities District and To Authorize the Levy of Special Taxes Therein - Crowne Hill," stating its intention to form a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Law"), for the purpose of financing the costs of certain public improvements (the "Facilities"), and to eliminate in whole or in part an existing special assessment lien (the "Prior Lien") on parcels in the proposed community facilities district, as further provided in said Resolution; and WHEREAS, this Board of Directors estimates the amount required for the financing of the costs of the Facilities and the financing of the costs of eliminating the Prior Lien to be approximately $15,000,000; and WHEREAS, in order to finance said Facilities and eliminate said Prior Lien it is necessary to incur bonded indebtedness in the amount of not to exceed $25,000,000. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. It is necessary to incur bonded indebtedness within the boundaries of the proposed Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) (the "District") in the amount of not to exceed $25,000,000 to finance the costs of the Facilities and the costs of eliminating the Prior Lien. Section 2. The bonded indebtedness is proposed to be incurred for the purpose of financing a portion of the costs of the Facilities and the financing of the costs of eliminating the Prior Lien, including costs incidental to or connected with the accomplishment of said purposes and of the financing thereof. Section 3. This Board of Directors, acting as legislative body for the District, intends to authorize the issuance and sale of bonds in the maximum aggregate principal amount of $25,000,000, bearing interest payable semi-annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and maturing not to exceed forty (40) years from the date of the issuance of said bonds. Section 4. Tuesday, March 25, 2003, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this Board of Directors, City Council Chambers, Temecula City Hall, 43200 Business Park Drive, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public hearing on the proposed debt issue and R:fTPFA Resos 2003/TPFA 03-__ 1 consider and finally determine whether the public interest, convenience and necessity require the issuance of bonds of the Authority for the District. Section 5. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation circulated within the District. The publication of said notice shall be completed at least seven (7) days before the date herein set for said public hearing. The notice shall substantially in the form of Exhibit A hereto. Section 6. This Resolution shall take effect upon its adoption. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Public Financing Authority at a meeting held on the 28t~ day of January, 2003. ATTEST: Chairperson Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 03-02 was duly adopted at a special meeting of the Board of Directors of the Temecula Public Financing Authority on the 28th day of January, 2003, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: Susan W. Jones, CMC City Clerk/Authority Secretary R:/TPFA Resos 2003fTPFA 03-~ 2 EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) NOTICE OF PUBLIC HEARING Notice is hereby given that on January 28, 2003, the Board of Directors of the Temecula Public Financing Authority adopted a Resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention To Incur Bonded Indebtedness of the Proposed Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill)." Pursuant to the Mello-Roos Community Facilities Act of 1982, the Board of Directors of the Authority hereby gives notice as follows: The text of said Resolution is as follows: WHEREAS, this Board of Directors has this date adopted its Resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention to Establish a Community Facilities District and To Authorize the Levy of Special Taxes Therein - Crowne Hill," stating its intention to form a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Law"), for the purpose of financing the costs of certain public improvements (the "Facilities"), and to eliminate in whole or in part an existing special assessment lien (the "Prior Lien") on parcels in the proposed community facilities district, as further provided in said Resolution; and WHEREAS, this Board of Directors estimates the amount required for the financing of the costs of the Facilities and the financing of the costs of eliminating the Prior Lien to be approximately $15,000,000; and WHEREAS, in order to finance said Facilities and eliminate said Prior Lien it is necessary to incur bonded indebtedness in the amount of not to exceed $25,000,000. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. It is necessary to incur bonded indebtedness within the boundaries of the proposed Temecula Public Financing Authority Community Facilities District No. 03- 1 (Crowne Hill) (the "District") in the amount of not to exceed $25,000,000 to finance the costs of the Facilities and the costs of eliminating the Prior Lien. Section 2. The bonded indebtedness is proposed to be incurred for the purpose of financing a portion of the costs of the Facilities and the financing of the costs of eliminating the Prior Lien, including costs incidental to or connected with the accomplishment of said purposes and of the financing thereof. R:/TPFA Resos 2003/TPFA 03-~ 3 Section 3. This Board of Directors, acting as legislative body for the District, intends to authorize the issuance and sale of bonds in the maximum aggregate principal amount of $25,000,000, bearing interest payable semi-annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and maturing not to exceed forty (40) years from the date of the issuance of said bonds. Section 4. Tuesday, March 25, 2003, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this Board of Directors, City Council Chambers, Temecula City Hall, 43200 Business Park Drive, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public hearing on the proposed debt issue and consider and finally determine whether the public interest, convenience and necessity require the issuance of bonds of the Authority for the District. Section 5. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation circulated within the District. The publication of said notice shall be completed at least seven (7) days before the date herein set for said public hearing. The notice shall substantially in the form of Exhibit A hereto. Section 6. This Resolution shall take effect upon its adoption. B. The hearing referred to in the aforesaid Resolution shall be at the time and place specified in the Resolution. C. At that time and place any person interested, including persons owning property in the area of the proposed community facilities district, will be heard upon the proposed debt issue. Dated: February __, 2003 /s/ Susan W. Jones, CMC City Clerk/Authority Secretary, Temecula Public Financing Authority R:/TPFA Resos 2003FFPFA 03-__ 4 ITEM 15 APPROVAL CITY MANAGER / ,~/~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manage r/Ci~C~r)cil/~ Debbie Ubnoske~irector of Planning January 28, 2003 An Appeal of the Planning Commission's approval of PA00-0507 (Development Plan), a proposal to develop a 42,000 square foot 70-room four story hotel building on an 1.35 acre lot. Prepared by: Michael McCoy, Project Planner RECOMMENDATION: The Planning Commission recommends the City Council: ADOPT a Notice of Exemption for Planning Application No. 00-0507 (Development Plan) per the California Environmental Quality Act Section 15332 Class 32. 2. ADOPT a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING APPLICATION NO. PA00-0507 (DEVELOPMENT PLAN-APPEAL), UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. PA00-0507 (DEVELOPMENT PLAN) FOR THE DEVELOPMENT OF A FOUR STORY, 70-ROOM 42,000 SQUARE FOOT HOTEL BUILDING ON A 1.35 ACRE VACANT PARCEL LOCATED APPROXIMATELY 200 FEET EAST OF JEFFERSON AVENUE AND 200 FEET NORTH OF WINCHESTER ROAD, AND KNOWN AS ASSESSOR'S PARCEL NO. 910-282-007. R:\D P~2000~00-0507 Hampton Inn Suites\CC Appl Stf Repod.doc BACKGROUND On June 5, 2002, the Planning Commission initially considered Planning Application No. PA00-0507 (Devetopment Plan). At that hearing, staff recommended to the Planning Commission that the project be continued for design changes to the building architecture, site landscaping, and pedestrian cimulation in order to support findings for a Floor Area Ratio (FAR) increase above the target FAR. The Planning Commission agreed with staff that landscape, architecture, and pedestrian circulation design enhancements were necessary in order to approve an FAR increase under the Development Code, and moved to continue the project to the August 7, 2002 Planning Commission meeting date. The project was continued to the August 21, 2002 Planning Commission meeting and staff recommended that the Planning Commission approve the project, because it appeared that the changes requested by the Planning Commission had been met. However, during this hearing, some Planning Commissioners voice concerns over supporting the findings of approval for an FAR increase based on the Development Code criteria that requires "exceptional architectural and landscape design amenities." (Development Code Section 17.08.050). The Commission directed the applicant to provide a visual exhibit of the proposed water fountain, relocate the trash enclosure away from the adjacent Comfort Inn property line, consider the feasibility of adding a pitched roof design, and remove the building's fourth floor or reduce the building footprint to reduce the FAR. The Commission passed a motion to continue the project to the October 2, 2002, Planning Commission meeting to give the applicant time to respond. At the October 2, 2002 hearing, the applicant requested a one-month continuance to resolve a naming rights conflict. At the November 6, 2002 hearing, staff recommended that the Planning Commission consider the merits of the project design and make a final decision on the application. The applicant provided details of the water fountain design and relocated the trash enclosure on the revised site plan. The applicant did not remove the fourth floor or reduce the building footprint and indicated that a pitch roof design conflicted with the building's architecture and created structural problems. The Commission voted unanimously to approve the development plan and FAR increase, citing the fact that the project satisfied one of the Development Code criteria as exceptional architectural and landscaping design. Some Commission members also cited the fiscal benefits of increased Transit Occupancy Tax revenue that would be generated on this property. APPEAL On November 16, 2002 City Councilman Roberts filed a formal appeal of the Planning Commission's approval of PA00-0507 (See Attachment 3). Mr. Roberts cited the primary lack of design amenities needed to justify the FAR increase. issue 1. "Application of the Floor Area Ratio as set forth in the Development Code." Staff Analysis: The target Floor Area Ratio (FAR) within the Highway/Tourist Commercial zoning districts is .30. The proposed 42,000 square foot hotel project is requesting a .71 FAR. One of the required Development Code criteria for approving an FAR increase above the target FAR is that a project provides exceptional architectural and landscaping design amenities, which reflect an attractive image and character to the city. Although the applicant did not agree to eliminate the fourth floor or reduce the building footprint to lower the FAR, the Planning Commission's approval of the FAR increase was based on the architecture and landscape design enhancements the applicant made to the original plans. The Commission believed the final design qualified as exceptional. These enhancements R:~D P~2000~00-0507 Hampton Inn Suites\CC Appl Stf Report.doc 2 included exterior stone veneer treatment on each side of the building, decorative false balconies on each guest room, decorative paving and walkways around the building perimeter, a water fountain at the building entrance, two exterior courtyard seating areas, and enhanced landscaping with additional evergreen shade trees near the building entrance and along the freeway off-ramp. The Commission also cited the economic benefits of the Transit Occupancy Tax (TOT) revenue (approximately $90,000 annually). Issue 2. "Project Design" Staff Analysis: The proposed hotel building site, architecture, and landscape design is consistent with the land use designation and policies reflected for Highway/Tourist Commercial (HTC) development in the City of Temecula General Plan and the objectives of the Commercial Design Guidelines. The proposed project effectively reflects the objectives of Goal 2 of the General Plan Community Design Element through design excellence in architecture and landscape architecture. The site is properly planned and zoned for the type of development proposed, and is consistent with the Highway/Tourist Commercial (HT) zoning district development standards and Commercial Design Performance Standards of the City's Development Code. RECOMMENDATION The Planning Commission recommends that the City Council deny the appeal and uphold the Planning Commission's decision to approve PA00-0507. FINDINGS - Development Plan (Section 17.05.010 F) The proposed use is in conformance with the general plan for Temecula and with all applicable requirements of state law and ether ordinances of the City. The proposal, a hotel building, is consistent with the land use designation and policies reflected for Highway/'/'ourist Commercial (HTC) development in the City of Temecula General Plan. The proposed project effectively reflects the objectives of Goal 2 of the General Plan Community Design Element through design excellence in architecture and landscape architecture. The architecture and landscape design of the proposed project meets one of the criteria for an Floor Area Ratio increase pursuant to Section 17.08.050 of the development code through outstanding architecture and landscape design that reflects an attractive image and character to the City. The site is properly planned and zoned for the type of development proposed, and is consistent with the Highway/Tou#st Commercial (HT) zoning district development standards of the City's development code. The financial contribution that the project will make in annual Transit Occupancy Tax revenue generation and to a future traffic signal on Jefferson Avenue to the north of the project site will help to offset the increased number of vehicle trips the proposed project may generate in and around the project area. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines, Ordinance No. 655 (Mt. Palomar Lighting Ordinance), the City's Water Efficient Landscaping provisions, and all applicable fire and building codes. R:\D P~2000~00-0507 Hampton Inn Suites\CC Appl Sff Report.doc 3 The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with and intended to protect the health and safety of those working in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. The proposed project, as conditioned, meets all State and local fire and building safety codes and requirements to ensure maximum protection of the public health and safety. FINDINGS - Floor Area Ratio (FAR) increase (Section 17.08.050) Development Code Section 17.08.050 requires that one of the following three criteria must be met to justify an increase to the Floor Area Ratio (FAR): The project includes use(s), which provide outstanding and exceptional benefits to the city with respect to the employment, fiscal, social and economic needs of the community. The project provides exceptional amhitectural and landscaping design amenities, which reflect an attractive image and character to the city. The project provides enhanced public facilities that are needed by the city, beyond those required mitigation impact measures. The proposed project meets criteria number two for justifying an increase in the Floor Area Ratio (FAR) pursuant to this Section of the development code by providing exceptional architecture and landscape design qualities reflects an attractive image and character to the City. The addition of the water fountain feature, exterior seating areas, additional accent trees, decorative air conditioning vent covers, and stone veneer exterior finish around the entire building produce an exceptional design that should complement and enhance the surrounding commercial development. Attachments: 1. Draft Resolution Denying the Appeal and Upholding the Planning Commission's Decision to Approve PA00-0507 - Blue Page 5 2. Appeal of Planning Application No. PA00-0507 - Blue Page 6 3. Planning Commission Resolution No. 2002-049 - Blue Page 7 4. Approved Minutes from the November 6, 2002 Planning Commission - Blue Page 8 5. August 21,2002 Planning Commission Staff Report - Blue Page 9 6. Approved Minutes Excerpts from the August 21,2002 Planning Commission - Blue Page 10 7. Approved Minutes Excerpts from the June 5, 2002 Planning Commission - Blue Page 11 8. Exhibits - Blue Page 12 A. Site Plan B. Exterior Building Elevations C. Preliminary Planting Plan D. Conceptual Grading Plan and Grading Cross Sections E. Floor Plans R:~D P~000\00-0507 Hampton Inn Suites\CC Appl Sff Report.doc 4 A'R'ACHMENT NO. 1 DRAFT RESOLUTION DENYING APPEAL AND UPHOLDING THE PLANNING COMMISSION DECISION TO APPROVE PA00-0507 R:\D P~000~00-0507 Hampton Inn Suites\CC Appl Stf Report.doc 5 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. 00-0507 - A DEVELOPMENT PLAN TO DESIGN AND CONSTRUCT A 42,000 SQUARE FOOT 70- ROOM 4 STORY HOTEL BUILDING ON A 1.35 ACRE VACANT PARCEL LOCATED ON THE EAST SIDE OF JEFFERSON AVENUE AND NORTH SIDE OF WINCHESTER ROAD; ALSO KNOWN AS ASSESSOR'S PARCEL NUMBER 910-282-007. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. declare that: The City Council of the City of Temecula does hereby find, determine and A. Dinesh Patel, filed Planning Application No. 00-0507, Development Plan, for the property generally located on the east side of Jefferson Avenue and north side of Winchester Road also known as Assessor's Parcel Number 910-282-007 ("Project"). B. The application for the Project was processed and a Notice of Exemption was made pursuant to the California Environmental Quality Act. C. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 2002-049 approving a Development Plan for the Project. D. On January 28th, 2003, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. E. On January 28th, 2003, the City Council of the City of Temecula denied an appeal of the Planning Commission decision to approve the Development Plan when it adopted Resolution No. 2003- Section 2. The City Council hereby makes the following findings as required in Sections 17.05.010.F and 17.08.050 of the Temecula Municipal Code: Development Plan (17.05.010.F) The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposal, a hotel building, is consistent with the land use designation and policies reflected for Highway/-I'ourist Commercial (HTC) development in the City of Temecula General Plan. The proposed project effectively reflects the objectives of Goal 2 of the General Plan Community Design Element through design excellence in architecture and landscape architecture. The architecture and landscape design of the proposed project meets one of the criteria for an Floor Area Ratio increase pursuant to Section 17.08.050 R:\D P~000\00-0507 Hampton Inn Suites\Council Reso to Deny Appeal & Approve PA.DOC of the development code through outstanding architecture and landscape design that reflects an attractive image and character to the City. The site is properly planned and zoned for the type of development proposed, and is consistent with the Highway/Tourist Commercial (HT) zoning district development standards of the City's development code. The financial contribution that the applicant will make to a future traffic signal on Jefferson Avenue to the north of the project site will help to offset the increased number of vehicle trips the proposed project may generate in and around the project area. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines, Ordinance No. 655 (Mt. Palomar Lighting Ordinance), the City's Water Efficient Landscaping provisions, and all applicable fire and building codes. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with and intended to protect the health and safety of those working in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with, ali applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and we/fare. The proposed project, as conditioned, meets all State and local fire and building safety codes and requirements to ensure maximum protection of the public health and safety. Floor Area Ratio (17.08.050) Development Code Section 17.08.050 requires that one of the following three criteria must be met to justify an increase the Floor Area Ratio. The project includes use(s), which provide outstanding and exceptional benefits to the city with respect to the employment, fiscal, social and economic needs of the community. The project provides exceptional architectural and landscaping design amenities, which reflect an attractive image and character to the city. The project provides enhanced public facilities that are needed by the city, beyond those required mitigation impact measures. The proposed project meets criteria number two for justifying an increase in the Floor Area Ratio (FAR) pursuant to this Section of the development code by providing outstanding architecture and landscape design qualities reflects an attractive image and character to the City. The addition of the water fountain feature, exterior seating areas, additional accent trees, decorative air conditioning vent covers, and stone veneer exterior finish around the entire building produce an exceptional design that should complement and enhance the surrounding commercial development. R:\D P~000\00-0507 Hampton Inn Suites\Council Reso to Deny Appeal & Approve PA.DOC Section 3. The City Council of The City Of Temecula hereby denies the appeal of a Planning Commission decision to approve Planning Application No. PA00-0507, a Development Plan to design and construct a 42,000 square foot 70-room 4 story hotel building. The subject property is located on the east side of Jefferson Avenue and north side of Winchester Road; also known as Assessor's Parcel Number 910-282-007, subject to the specific conditions of approval set forth in Exhibit A, attached hereto, and incorporated herein by this reference as though set forth in full. Section 4. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 28th day of January, 2003 ATTEST: Jeff Stone, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] R:\D P~000\00-0507 Hampton Inn Suites\Council Reso to Deny Appeal & Approve PA.DOC ATTACHMENT NO. 2 APPEAL OF PLANNING APPLICATION NO. PA00-0507 R:~D P~000~00-0507 Hampton Inn Suites\CC Appl Stf Report,doc 6 Hov 16 02 11:22a g~NT BY: CITY OF TfUECULA; gO§694e400; City of Temecula 4aZ00 Bugaz~ Park Drive · Temecula · CA · 9~'90 P.O. l~x 90aa, Temeenla * CA · ~2589-~033 L909) 694-6400 · FAX C909) 694-647'/ p.2 NOV-15-02 5:41P1~; PAOS 2/3 OfigiitalCa~NIIaib~($) PA00-0307 JEFFERSO~ AYFAqUE [N~ TI~ p~x~ of I~ algal ~oc~ure is tn provide a m _~_kod of xecom'$e for pexsom aggti~,ed by ~ B. PR.INn REQ~rmm~f~NT~ 1. Development Application. 3. Filing C. k~ITW~. O1; APPEAL - ~ I]M1T ~ ~x$ s~m film wi~in fitte~ (1~ {~:~hr ~ ~lk~ a:niz of written noti~ of tl~ ~. D. NOTIt"~. OF APPEAL - Appealing the decision of: PL~'~r~G co~zssro~ Slx:cifye, xactlywhatisbeingal~ae, aled: ~sa~ os ~ r~x~o co~rsszos's ,~eRpv~ or PROJECT Hov '16 02 1I=2~'a p.3 SEt, fr BY: CITY OF TEUECULA; gog6§46400; NOV-tS-O~ 5:41PU; PAGE 3/3 Ream~ or juaificalion to support the appeal. Appellant m~t s~bmit with ~ appeal ~tch i.uue whic~ tl~ appellant all~ was wroagty detr~,ttined together with ev~-y atFeement and a copy of every item of evidence. (Att~c~ s~ara~ s~ee~ of tx,,p~ if n~e~7). TR'tS APPLICATIOE R~ISI~.S ~ IIiPORTART LAN~ USE ISSI~S FOR TI~ CITY IatICE THE CIT~ ~OU~IC'fL AS A BODY SHOULD ADI)I~F..~.~. THEfE IR~ll~ AR~'_ APpI.I{'.ATION O~ THE FI,OO!~IAREA P-.ATIQ yET FORTH lIN THE D£VEI~OPHENT CODE'. PROJECT DBS'tCN; · UP HY ~?h'T~ ON V~IETI~R TltE PROJECT SHOULD BE APPROVED. DL~qlI~D OB. AFFR0VI~ ~[Tlt FURTHER I ~ILL VOTE UHTIL ALL OF THE INFORHATrON IS pRESE~ED. THE APPLICATION AND THE PUBLI~ HAV~ SPO~EN~ ~D THE PUBLIC HEARING I$ CONCLUDED. A'I-rACHMENT NO. 3 PLANNING COMMISSION RESOLUTION NO. 2002-049 R:'J3 P~2000\00-0507 Hampton Inn Suites\CC Appl Sff Report.doc 7 PC RESOLUTION NO. 2002-049 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 00- 0507 (DEVELOPMENT PLAN - JEFFERSON AVENUE INN) TO DESIGN AND CONSTRUCT A FOUR STORY, 70-ROOM 42,000 SQUARE FOOT HOTEL BUILDING ON A 1.35 ACRE VACANT PARCEL, LOCATED APPROXIMATELY 200 FEET EAST OF JEFFERSON AVENUE AND 200 FEET NORTH OF WINCHESTER ROAD, KNOWN AS ASSESSOR'S PARCEL NO. 910-282-007. WHEREAS, Dinesh Patel filed Planning Application No. PA00-0507 (Development Plan), in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. 00-0507 (Development Plan) was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission at a regular meeting, considered Planning Application No. 00-0507 (Development Plan) on June 5th, 2002, August 21st, 2002, October 2na, 2002, and November 6th, 2002 at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of Planning Application No. 00-0507; subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findin.qs. The Planning Commission, in approving Planning Application No. 00-0507 hereby makes the following findings as required by Section 17.05.010.F and by Section 17.08.050 of the Temecula Municipal Code: FINDINGS- DEVELOPMENT PLAN (Section 17.05.010 F) A. The proposal, a hotel building, is consistent with the land use designation and policies reflected for Highway/Tourist Commercial (HTC) development in the City of Temecula General Plan. The proposed project effectively reflects the objectives of Goal 2 of the General Plan Community Design Element through design excellence in architecture and landscape architecture. The architecture and landscape design of the proposed project meets one of the criteria for an Floor Area Ratio increase pursuant to Section 17.08.050 of the development code through outstanding architecture and landscape design that reflects an attractive image and character to the City. The site is properly planned and zoned for the type of development proposed, and is consistent with the Highway/Tourist Commercial (HT) zoning district development standards of the City's development code. The financial contribution that the applicant will make to a future traffic signal on Jefferson Avenue will help improve traffic circulation and safety and to offset the increased number of vehicle R:\D P~2000X00-0507 Hampton Inn Suites\Supplemental I 0-2 PC Sff Rept Version W2.doc trips the proposed project may generate in and around the project area. The project,.as conditioned, is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines, Ordinance No. 655 (Mt. Palomar Lighting Ordinance), the City's Water Efficient Landscaping provisions, and all applicable fire and building codes. B. The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with and intended to protect the health and safety of those working in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. The proposed project, as conditioned, meets all State and local fire and building safety codes and requirements to ensure maximum protection of the public health and safety. FINDINGS - Floor Area Ratio (FAR) increase Development Code Section 17.08.050 requires that one of the following three criteria must be met to justify an increase the Floor Area Ratio. A. The project includes use(s), which provide outstanding and exceptional benefits to the city with respect to the employment, fiscal, social and economic needs of the community. B. The project provides exceptional architectural and landscaping design amenities, which reflect an attractive image and character to the city. C. The project provides enhanced public facilities that are needed by the city, beyond those required mitigation impact measures. The proposed project meets criteria number two for justifying an increase in the Floor Area Ratio (FAR) pursuant to this Section of the development code by providing outstanding amhitecture and landscape design qualities that reflects an attractive image and character to the City. The addition of the water fountain feature, exterior courtyard seating areas, additional accent trees, decorative air conditioning vent covers, decorative paving on walkways and entrances, and stone veneer exterior finish around the entire building produce an exceptional design that should complement and enhance the area's surrounding commercial development. Section 3. Environmental Compliance. A Notice of Exemption for Planning Application No. 00-0507 was made per the California Environmental Quality Act Guidelines Section 15332 (In- Fill Development Projects, Class 32). This project is an in-fill development and it meets the following criteria: · The site is 1.35 acres, which is less than the 5 acres required. · The proposed development is consistent with the existing development in the area. · The site has no value as a habitat for endangered, rare, or threatened species. · The site will be adequately served by public utilities and services. · The Hampton Inn Suites hotel building is being approved pursuant to the zoning and general plan designations for the site. R:~D PX2000~004)507 Hampton Ina Suites~Supplementa110-2 PC Sff Rept Version g2.doc Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves Planning Application No. 00-0507 for a Development Plan to build a 42,000 square foot hotel building on a 1.35-acre lot approximately 200-feet east of Jefferson Avenue and 200-feet north of Winchester Road to the adjacent south of the existing Comfort inn motel building, known as Assessors Parcel NO. 910-282-007. The Conditions of Approval are in Exhibit A. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission on this 6th day of November 2002. Dennis Chi~iaeff, Chairpers~ ATTEST: De~bie-01~noske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CiTY OF TEMECULA ) I, Dabble Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2002-049 was duly and regularly adopted ~bt~ the Planning Commission of the City of Temecu. la at a regular meeting thereof held on the 6 day of November 2002, by the following vote: AYES: 3 PLANNING COMMISSIONERS: Olhasso, Telesio and Chiniaeff NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 2 PLANNING COMMISSIONERS: Guerriero and Mathewson ABSTAIN: 0 PLANNING COMMISSIONERS: None Dabble Ubnoske, Secretary R:~D P',2000~0(N0507 Hampton Inn Suites~Supplemental 10-2 PC Sff Rept Version g2.doc EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. 00-0507 (Development Plan) Jefferson Avenue Inn Project Description: The design and construction of 41,900 square foot 70-room 4- story hotel building on a 1.35-acre lot, located approximately 200-feet east of Jefferson Avenue and 200-feet north of Winchester Road to the adjacent south of the existing Comfort Inn motel and adjacent west of the Winchester Road 1-15 off- ramp, known aa Assessors Parcel No. 910-282-007. DIF Category: Retail Commercial Assessor Parcel No.: Approval Date: Expiration Date: 910-282-007 November 6, 2002 November 6, 2004 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant shall deliver to the Community Development Department- Planning Division a cashier's check or money order made payable to the County Clerk in the amount of sixty- four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resoumes Code Section 21108(b) and California Code of Regulations Section 15062, If within said forty-eight (48) hour period the applicant has not delivered to the Community Development Department - Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c). General Requirements The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any. of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly R:~D P~2000~00-0507 Hampton INn Suites~Final Dev Plan COA's.doc 1 notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents, concerning Planning Application No. 00-0507. Should the applicant fail to timely post the required deposit, the Director may terminate the land use approval without further notice to the applicant. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion or the beginning of substantial utilization contemplated by this approval. In order to avoid being classified as a residence, the maximum occupancy of any unit by any customer shall not exceed 30 days. The development of the premises shall substantially conform to the approved revised Exhibit "D" (Site Plan), approved with Planning Application No. 00-0507, or as amended by these conditions, contained on file with the Community Development Department - Planning Division. Additionally, the following criteria must be met prior to development of the project: a. Three (5) revised Site Plan Exhibits "D" shall be provided to the Planning Department that show the two (2) exterior seating areas near the west and south building entrances. These revised exhibits will be the final approved site plan exhibit. b. A minimum of sixty-seven (67) automobile parking spaces shall be provided. c. A minimum of four (4) handicapped parking spaces shall be provided. d. A minimum of three (3) motorcycle parking spaces shall be provided. e. A minimum of four (4) class 1 or class II bicycle racks shall be provided. f. A minimum of two (2) 10 x 25 loading spaces shall be provided. g. All ground mounted utility/mechanical equipment shall be located such that they are not placed in prominent locations visible to the public. h. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of acceptable placement of the transformer and the double detector check prior to final agreement with the utility companies. i. The final landscape plan shall include locations of all ground mounted utility/ mechanical equipment and provide suitable screening of that equipment. j. A design detail of the extedor plaza seating areas shall be shown on the final construction site plan and landscape plan with an enlarged detail of the wall seats and decorative paving for review and approval of the Director of Planning. Any outside wall-mounted lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. All building and exterior landscape lighting shall be a decorative type complimentary to the building. Details and cut-sheets of these lights shall be submitted to the Planning Department with building construction plans for review prior to installation. All parking lot lights and other exterior lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No, 655. R:~D P~2000~00-0507 Hampton Inn Suites~Final Dev Plan COA's.doc 2 J Building elevations shall substantially conform to the approved Exhibits "E" (Building Elevations sheets EL1 & EL2) and Exhibit "H" (Color and Material Board), or as amended by these conditions, contained on file with the Community Development Department- Planning Division; The construction plans shall show the decorative false balcony features across all air conditioning vent covers below guest room and side building windows. All mechanical and roof-mounted equipment shall be hidden by building elements that were designed for that purpose as an integral part of the building. When determined to be necessary by the Director of Planning, the parapet will be raised to provide for this screening. Each guest room window and side building window shall have decorative wrought iron false balconies across the entire face of the air conditioning vent covers as is depicted on approved Exhibits EL1 and EL2. The design and color sample of the false balcony shall be submitted to the Planning Department for review and approval prior to installation. 10. Air conditioning units and exterior vent covers for individual rooms shall be painted to match the wall color they are installed upon and shall be effectively screened from public view with the false wrought iron balconies to the satisfaction of the Director of Planning. 11. The decorative water fountain shall feature a bi-directional water flow inward towards the main lobby entrance and outward towards the west driveway. The final water fountain design detail with specifications shall be submitted to the Planning Department for review and approval of the Director of Planning prior to installation. 12. The canvas awnings over the guest room windows shall be maintained to a new appearance at all times. The awning shall be replaced with a new one to match if it becomes faded, cracked, weather worn, or visibly damaged in any manner. 13. All roof drainage downspouts shall be internalized and architecturally integrated within the wall of the structure so as not to be visible from the outside of the building. 14. Landscaping shall substantially conform to the approved revised Conceptual Landscape Plan Exhibit "F" (Preliminary Planting Plan Sheet L-l, delta version 5 dated 10-8-02), oras amended by these conditions. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Planning. If it is determined that the landscaping is not being maintained, the Director of Planning shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. Additionally, the following revisions to the conceptual landscape plan shall be made and reflected on the construction landscape plans prior to issuance of building permits: a. The final bi-directional water fountain design on the building's west side shall be submitted to the Planning Department for review and approval of the Director of Planning and shown on the construction landscape plans. b. Each of the 15-gallon Chinese Flowering Pistache trees shall be enlarged to 24-inch box size located within the east and north perimeter landscape planters. This change shall be reflected on the construction landscape plans. 15. The colors and materials for this project shall substantially conform to the following list of approved colors and materials, with the colored Elevation Plan Exhibits "E" and with the Color and Material Board Exhibit "H", or as amended by these conditions, contained on file R:'J3 P~000~0-0507 Hampton Inn Suttes~Final Dev Plan COA's.doc 3 with the Community Development Department - Planning Division. Any deviation from the approved colors and materials shall require approval of the Director of Planning. Material Stucco Base Finish Stucco Field and Porte-Cochere Finish Stucco Column Fascia and Ornament Bands Aluminum Storefront Entrance & Window Frames Canvas Awnings Exterior Stone Veneer Exterior False Balconies Color Dryvit #392 "Coconut Shelf Dryvit #118 "Victorian Lace" Dryvit #102 "Bright White" "Dark Bronze" Sunbrella Firesist #8620 'q'oasty Beige" Belgian Castle Stone by Cornado "Sunset Blend" Wrought Iron by Outwater "70/5/5 Dark Bronze" Prior to the Issuance of Grading Permits 16, The applicant shall sign both copies of the final conditions of approval that will be provided by the Community Development Department - Planning Division staff, and return one signed set to the Community Development Department - Planning Division for their files. 17. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by providing documented evidence that the fees have already been paid. 18. The applicant shall submit to the Community Development Department - Planning Division for permanent filing two (2) 8" X 10" glossy photographic color prints of the approved Color and Materials Board Exhibit "H" and of the colored version of approved Exhibit "E', the colored architectural elevations to the Community Development Department - Planning Division for their files. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. Prior to the Issuance of Building Permits 19. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 20. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Community Development Department - Planning Division for approval. These plans shall conform substantially to the approved revised Conceptual Landscape Plan Exhibit "F" (Preliminary Planting Plan Sheet L-l, delta version 5 dated 10-8-02), or as amended by Condition No. 14 and any other related conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. One (1) copy of the approved grading plan. c. Each of the 15-gallon Chinese Flowering Pistache trees located within the east and north perimeter landscape planters shall be enlarged to 24-inch box size Flowering Pistache trees. d. Trash enclosure and all utility equipment shall be screened with landscaping and shown on the Construction Landscape Plans. e. Plantings shall not interfere with traffic sight lines or utility lines. R:~D P~2000~00-0507 Hampton Inn Suites~Flnal Oev Plan COA's.doc 4 Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). Total cost estimate of plantings and irrigation (in accordance with the approved plan). A Landscape Contingency Plan and Arborist Assessment shall be required if it is determined that the existing slope trees and landscaping within the Caltrans right-of- way on the east side of the property is determined to be unhealthy. Prior to the Issuance of Occupancy Permits 21. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 22. Pedormance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape and irrigation plan shall be filed with the Community Development Department - Planning Division for one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall be released. 23. The construction plans shall indicate the application of painted rooftop addressing plotted on a 9-inch grid pattern with 45-!nch tall numerals spaced 9-inch apart. The numerals shall be painted with a standard 9-inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. 24. A permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility, shall identify each parking space reserved for the handicapped. The sign shall not be smaller than 70 square inches and shall be centered at the interior end of the parking space at a minimum height if 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense, Towed vehicles may be reclaimed by telephoning 909 696-3000." 25. In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. R:~D P~000~00-0507 Hampton Inn Suites~Final Dev Plan COA's.doc 5 BUILDING AND SAFETY DEPARTMENT 26. All design components shall comply with applicable provisions of the 1998 edition of the California Building, Plumbing and Mechanical Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 27. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 28. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 29. Obtain all building plans and permit approvals prior to commencement of any construction work. 30. Obtain street addressing for all proposed buildings prior to submittal for plan review. 31. Disabled access from the public way to the main entrance of the building is required. The path of travel shall meet the California Disabled Access Regulations in terms of cross slope, travel slope stripping and signage. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 32. Ail building and facilities must comply with applicable disabled access regulations. Provide all details on plans. {California Disabled Access Regulations effective April 1, 1998) 33. Provide van accessible parking located as close as possible to the main entry. 34. Show path of accessibility from parking to furthest point of improvement. 35. A sound transmission control study shall be prepared and submitted at time of plan review in accordance with the provisions of Appendix Chapter 12, Section 1208A, of the 1998 edition of the California Building Code. 36. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 37. Restroom fixtures, number and type, to be in accordance with the provisions of the 1998 edition of the California Building Code Appendix 29. 38. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 39. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 40. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. R:'~D P~000~0-0507 Hampton Inn Suites'~Cinal Dev Plan COA's.doc 6 41. Provide precise grading plan for plan check submittal to check for handicap accessibility. 42. A pre-construction meeting is required with the building inspector prior to the start of the building construction, 43. Trash enclosures, patio covers, light standard and any block walls if not on the approved building plans, will require separate approvals and permits. 44. Show all building setbacks. 45. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. Monday-Friday 6:30 a,m. - 6:30 p.m. Saturday 7:00 a,m. - 6:30 p.m. No work is permitted on Sunday or Government Holidays DEPARTMENT OF PUBLIC WORKS General Requirements 46. A Grading Permit for precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 47. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 48. An Encroachment Permit shall be obtained from the California Department of Transportation prior to commencement of any construction within an existing or proposed State right-of- way, 49, All grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Issuance of a Grading Permit 50, A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 51. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. R:'~D P~2000\00-0507 Hampton Inn Suites'~Final Dev Plan COA's,doc 7 52. 53. 54. 55. 57. 58. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or. proposed public or private drainage facilities intended to discharge this runoff. The studyshall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality Control Board Riverside County Flood Control and Water Conservation District Planning Department Department of Public Works The Developer shall comply with all constraints, which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. The Developer shall obtain any necessary letters of approval or slope easements for off-site work performed on adjacent properties as directed by the Department of Public Works. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. Prior to Issuance of a Building Permit 59. Precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1,00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A~ R:'~O P~2000~0-O507 Hampton Inn Suites",Final Dev Plan COA's.doc 8 Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400. 401and 402. All street and driveway centerline intersections shall be at 90 degrees. 60. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 61. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 62. The Developer shall record a written offer to participate in, and waive all rights to object to the formation of an Assessment District, a Community Facilities District, or a Bridge and Major Thoroughfare Fee District for the construction of the proposed median on Jefferson Avenue in accordance with the General Plan. The form of the offer shall be subject to the approval of the City Engineer and City Attorney. Prior to Issuance of a Certificate of Occupancy 63. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 64. All public improvements, including the raised landscaped median along Jefferson Avenue, shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 65. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. FIRE DEPARTMENT 66. Final fire and life safety conditions will be addressed when the Fire Prevention Bureau reviews building plans. These conditions will be based on occupancy; use, the California Building Code (CBC), California Fire Code (CFC), and related codes, which are in force at the time of building, plan submittal. 67. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A~1. The developer shall provide for this project, a water system capable of delivering 1875 GPM at 20-PSI residual operating pressure, plus an assumed sprinkler demand of 1600 GPM for a total fire flow of 3476 GPM with a 3-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) R:~D P~000~00-0507 Hampton Inn Suites\Final Dev Plan COA's.doc 9 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-I. A minimum of 4 hydrants, in a combination of on-site and off- site (6" x 4" x 2-2 1/2" outlets) on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to an hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2,903.4.2, and Appendix Ill-B). As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are required. (CFC 903.2) Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul- de-sac shall be forty-five (45) feet. (CFC 902.2.2.2.3 and Subdivision Ord 16.03.020) If construction is phased, each phase shall provide approved access and fire protection prior to any building construction, (CFC 8704.2 and 902.2.2) Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GVVV. (CFC 8704.2 and 902,2.2.2) Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) The gradient for a fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.6 Ord. 99-14) Prior to building construction, dead end roadways and streets in excess of one hundred and fifty (150) feet, which have not been completed, shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) Prior to building construction, this development shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1 ) Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, and spacing and minimum fire flow standards. After the local water company signs the plans, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building R:~D P~000~00-0507 Hampton Inn Suites\Final Dev Plan COA's,doc 10 materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1 ) 79. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers~ shall be installed to identify fire hydrant locations. (CFC 901.4.3) 80. Pdor to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in siz, e. All suites shall have a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single-family residences and multi-family residential units shall have four (4) inch letters and/or numbers, as approved by the Fire Prevention Bureau~ (CFC 901.4.4) 81. Prior to issuance of a Certificate of Occupancy or building final, a directory display monument sign shall be required for hotel, apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex, which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. 82. Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) 83. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station, Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) 84. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door. (CFC 902.4) 85. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel. (CFC 902.4) 86. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. Special Conditions 87. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. R:~D P~000~00-0507 Hampton Inn Suites~Final Dev Plan COA's,doc 11 88. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit, These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) TEMECULA COMMUNITY SERVICES DEPARTMENT 89. All perimeter landscaping and parkways shall be maintained by the property owner or pdvate maintenance association. 90. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris, Only the City's franchisee may haul construction debris. 91. Developer shall provide adequate space for a recycling bin within the trash enclosure area(s). OTHER AGENCIES 92. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal letter dated January 3, 2001, a copy of which is attached. 93. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal letter dated January 2, 2001, a copy of which is attached. 94. The applicant shall comply with the recommendations set forth in the California Department of Transportation's transmittal letter dated May 29, 2002, a copy of which is attached By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Name printed R:~D P~000~)0-0507 Hampton Inn Suites~Final Dev Plan COA s.doc 12 January 3,2001 Michael MCCoy, Case Planner City of Temecula Planning Department · 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY PARCEL NO. 7 OF PARCEL MAP NO. 21670 APN 910-282-007 PLANNING APPLICATION NO. PA00-0507 Dear Mr. McCoy: Please be advised that the above-referenced property is located within the boundaries' of Rancho California Water District (RCWD). Water service, therefore, would be availabl~, upon.completion of financial arrangements between RCWD and the property owner. Iffire protection is required, the customer will need to conta¢~ RCWD for fees and requirements. ~A~'~"~u"Water~,_._~ availability would be contingent upon the property owner sjEnlng an Agency Agreement that assigns water management fights, if any, to RCWD. If you should have any questions, please contact an Engineering Services Representative at this' office. ' Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. ...... ,. ,... Development Engineering. Manager . 01 ~IB :~$003~F012-T6~FCF '.~}~ coUNTY OF RIVERSIDE. HEALTH SERVICES AGENCY DEPARTMENT .OF ENVIRONMENTAt. HEA[TI January 2, 2001 City of Temecula Planning Department P.O. Box 9033 Temeoula, CA 92589 RE:' Plot Plan No. PA00-0507 Dear Michael McCoy: 1. The Department of Enviromnental Health has reviewed the Plot Plan No. PA00-0507 and has no objections. Sanitary sewer and water services may be available in this area. 2. PRIOR TO A_NY PLAN CltECK SUBMITTAL for health clearance, the following items are required: a) "Will-serve" letters from the appropriate water and sowering agencies. b) Three complete sets of plans for each food establishment (to include vending machines) will be submitted, including a fixture s.ehedule, a finish schedule, and a plumbing schedule in order to ensure Compliance with the California Uniform Retail Food Facilities Law. For specific reference, please contact Food Facility Plan examiners at (909) 600-6330). ~M~'~ez, SSiVi:dr up~--'~'~g~'~n.~oumental Health Special/st (909) 955-8980 NOTE: Any current additional requirements not covered can be applicable at time of Building Plan review for final Department of Enviroumental Health clearance. Cc: Doug Thompson, Hazardous Materials STATE OF CALl FORN IA-.~BUSIN ESS, 'fRANSPOI~A'II(. ID HOUSING AGENCY GRAY DAVIS, Governs- DEPARTMENT OF TRANSPORTATION DISTRICT 8 464 W Fourth Street,' 6th Floor MS 726 San Bemardlno, CA 92401-1400 PHONE (909) 383-6327 FAX (909) 383-6890 May 29, 2002 08-Riv- 15-6.619 Mr. Michael McCoy . Plunning Department City of Temecula P.O. Box 9033 Temeonla, CA 92589-9033 · Dear Mr. McCoy: Case No. PA00-0507~ Hampton Inn, D. Patel, Applicant We have reCeived the Development Review Committee transmittal for the above projeCt, abutting Interstate 15 · (I-15) at Winchester Road. Project development proposes construction of a 73 room 4-story hotel on a 1.35-acre parcel of property. BeCaUSe the easterl~ project boundary abuts 1-15 right-of-way(R/W), we have eonecrns with potential impacts to existing slOpes and nearby drainage facilities that.may result with projeCt grading and drainage construction. Although no direct encroachment is shown, the need for a Caltrans permit cannot be established with the information provided.. · Therefore, prior to issuance of eonstmefiun permits, an opportunity to review project grading and drainageplans should b~ provided so that we may better evaluate impact mitigation and permit requirements. We recommend that such review be incorporated as a condition of approval for this hotel project.' Other comments addressing possible impacts to State facilities may follow upon our review of the requested materials, .Thank you for providing us this opportunity to review and offer our comments on the Hampton Inn development proposal. If this proposal is later revised in anywaY, or if you have any'questiuns regarding this letter, please contact Mr. Marc A. Centen0 at (909) 383-6321 for assistance. LINDA GRIMES, Chief. Office of For~custing/l(JR-CEQA Review ' Transportation Planning Division :' ' 15Tern '_PA00-0507 ATI'ACHMENT NO. 4 APPROVED MINUTES FROM THE NOVEMBER 6, 2002 PLANNING COMMISSION MEETING R:~D P~000~00-0507 Hampton Inn Suites\CC Appl Sff Report.doc 8 DRAFT EXCERPT FROM THE MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION NOVEMBER 6, 2002 (AGENDA ITEM NO. 3) 3 Planninq Application No. PA00-0507 Jefferson Avenue Inn, for the desiqn and construction of a 70-room, four-story hotel buildinq on a 1.35-acre vacant parcel located adjacent to the Winchester freeway off-ramp next to the Comfort Inn Hotel at the rear of the Rancho Temecula Plaza - Michael McCoy, Proiect Planner II RECOMMENDATION: 3.1 Staff recommends that the Planning Commission review the submitted design changes and make a final decision on the proposed project. The original Staff recommendation was for denial or redesign. 3.2 Adopt a resolution entitled: PC RESOLUTION NO. 2002-049 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 00-0507 (DEVELOPMENT PLAN - HAMPTON INN SUITES) TO DESIGN AND CONSTRUCT A FOUR STORY, 70-ROOM 42,000 SQUARE FOOT HOTEL BUILDING ON A '1.35 ACRE VACANT PARCEL, LOCATED APPROXIMATELY 200 FEET EAST OF JEFFERSON AVENUE AND 200 FEET NORTH OF WINCHESTER ROAD, KNOWN AS ASSESSOR'S PARCEL NO. 910-282-007. 3.3 Or Adopt a resolution entitled: PC RESOLUTION NO. 2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. 00-0507 (DEVELOPMENT PLAN - HAMPTON INN SUITES) TO DESIGN AND CONSTRUCT A FOUR STORY, 70-ROOM 42,000 SQUARE FOOT HOTEL BUILDING ON A '1.35 ACRE VACANT PARCEL, LOCATED APPROXIMATELY 200 FEET EAST OF JEFFERSON AVENUE AND 200 FEET NORTH OF WINCHESTER ROAD, KNOWN AS ASSESSOR'S PARCEL NO. 910-282-007. Via overheads, Project Planner McCoy presented the staff report (of record), highlighting the rationale for the inn's recent name change from the Hampton Inn Suites to the Jefferson Avenue Inn due to discrepancies involving the authorization of the use of the name Hampton Inn Suites; specified the design changes the applicant has implemented per the Planning Commission's recommendations from the August 21, 2002 Planning Commission meeting, which were listed, as follows: · The relocation of the trash enclosure (which had been expressed as a concern by the adjacent hotel use representatives); · The revised landscape plan with additional shade trees along the eastern property line as well as two additional specimen trees in the landscape planters near the front entrance; · The added two exterior courtyard seating areas proximate to the west and south entrances (denoted on the revised landscape plan); · Provision of the design detail of the proposed water fountain; and · The revised colored elevation plans denoting the stone veneer exterior finish. Continuing his presentation, Project Planner McCoy relayed that the applicant did not eliminate the 4th floor or reduce the building footprint, as recommended by some of the Planning Commissioners at the August 21st Planning Commission meeting; noted that in the agenda, staff has attached both a resolution for approval (Item 3.2) and a resolution for denial (Item 3.3) of the project; and advised that it was staff's recommendation that the Planning Commission take final action on this application. Mr. Larry Markham, representing the applicant, presented the project plan; noted the decorative balcony treatments added to the majority of the rooms, advising that if it was the Planning Commission's desire that this element be added to every room, the applicant would be agreeable; in response to Commissioner Guerriero's previously stated concern regarding traffic impacts, noted that if it was the Planning Commission's desire, the applicant would be agreeable to an added condition subjecting the project that Jefferson Avenue median improvements be completed prior to the issuance of occupancy; specified the revisions to the plan (i.e., the relocated trash enclosure, the added landscaping, the added walkways and courtyards), advising that it was the applicant's opinion that the project met the criteria for the FAR increase, reiterating the benefits the Transient Occupancy Tax (TOT) which would be reduced if the FAR were reduced. For Chairman Chiniaeff, Deputy Director of Public Works Parks clarified that the applicant has stated that he would be agreeable to the Planning Commission further conditioning the project, limiting the applicant's ability to occupy the building until the City performed the construction activity in the median; noted that for this particular site there would not be a break in the median or a signal at this time; and advised that the Public Works Department would not be opposed to this added condition. Mr. Markham clarified that if the applicant was ready to occupy the building and the City had not completed the median work, the applicant would most likely take the responsibility for the construction of the median in order to obtain occupancy. Commissioner Telesio acknowledged the difficulties associated with this particular lot; noted that the applicant had implemented the majority of the Planning Commission's recommendations; relayed that he had not yet determined whether the project met the criteria of an exceptional landscape plan or architectural plan, qualifying the project for the FAR increase. R:PlanComm/draft excerpt/110602 2 in light of the TOT revenue, which would benefit the City, and the applicant's wiliness to be subject to the additional condition regarding the median work, Commissioner Olhasso relayed that she could support the project, as proposed, with the FAR increase. In response to Chairman Chiniaeff, Commissioners Telesio and Commissioner Olhasso concurred that the balcony treatments should be placed on every window. For Commissioner Telesio, Mr. Markham relayed that the fountain treatment could be redesigned to be two-sided in order that it could be visible from the inside and the outside of the porte cochere. MOTION: Commissioner Olhasso moved to close the public hearing; and to approve the project subject to the following modifications: Add- · That a condition be added that prior to occupancy the Jefferson Avenue median project would be completed; · That the balcony treatment would be added to all the moms; and · That the fountain design would be modified in order that the fountain would be visible from both sides of the porte cochere. The motion was seconded by Commissioner Telesio (Ultimately this motion passed; see below). Mr. Markham relayed that the added conditions were acceptable to the applicant. For informational purposes, Project Planner McCoy relayed that staff would review the revised fountain design to ensure the appropriate orientation. At this time voice vote was taken reflecting approval of the motion with the exception of Commissioner Guerriero and Commissioner Mathewson who were absent. R:PlanOomm/d~afi excerpL/110602 3 A'n'ACHMENT NO. 5 AUGUST 21,2002 PLANNING COMMISSION STAFF REPORT R:~D P~000\00-0507 Hampton Inn Suites\CC Appl Sff Report.doc 9 STAFF REPORT- PLANNING CITY OF TEMECULA PLANNING COMMISSION August 21,2002 Planning Application No. 00-0507 (Development Plan) Hampton Inn Suites Prepared By: Michael McCoy, Project Planner RECOMMENDATION: The Community Development Department - Planning Division Staff recommends the Planning Commission: ADOPT a Notice of Exemption for Planning Application No. PA00- 0507 pursuant to Section 15332 of the California Environmental Quality Act Guidelines; and 2. ADOPT a Resolution entitled: PC RESOLUTION NO. 2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 00- 0507 (DEVELOPMENT PLAN - HAMPTON INN SUITES) TO DESIGN AND CONSTRUCT A FOUR STORY, 70-ROOM 41,900 SQUARE FOOT HOTEL BUILDING ON A 1.35 ACRE VACANT PARCEL, LOCATED APPROXIMATELY 200 FEET EAST OF JEFFERSON AVENUE AND 200 FEET NORTH OF WINCHESTER, KNOWN AS ASSESSOR'S PARCEL NO. 910-282-007. APPLICATION INFORMATION APPLICANT: Dinesh Patel, 916 Erie Street Oakland, CA 94610. PROPOSAL: Design and construction of a 41,900 square foot 70-mom, 4- story hotel building on a 1.35-acre vacant parcel. LOCATION: Approximately 200-feet east of Jefferson Avenue and approximately 200-ff. north of Winchester Road to the adjacent south of the Comfort Inn motel (APN 910-282-007). GENERAL PLAN DESIGNATION: HTC (Highway/Tourist Commemial) EXISTING ZONING: HTC (Highway/Tourist Commemial) SURROUNDING ZONING: North: South: East: West: HT (Highway/Tourist Commercial) HT (Highway/Tourist Commercial) HT (Highway/Tourist Commercial) HT (Highway/Tourist Commercial) R:~D P~000\00-0507 Hampton Inn Suites\PC STF REPT REVISED ARCH 8-21-02.doc EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: South: East: West: Hotel Vacant Freeway Commercial Shopping Center PROJECT STATISTICS Total Lot Area: Total Building Area: Building Footprint: Landscape Area: 58,925 square feet 41,900 square feet 11,400 square feet 12,750 square feet (1.35 gross acres) .71 FAR 19% 20% net coverage Parking Required: 74 vehicle spaces, plus 3 motorcycle & 4 bicycle spaces and two 10' x 25' loading spaces. Parking Provided: 71 spaces, that includes 4 handicap, 6 motorcycle stalls (equivalent to 3 vehicle spaces), 4 bicycle spaces, and two 10'x 25' loading spaces. Building Height: 50-ft. maximum (4-story) BACKGROUND The application was reviewed at the June 5, 2002 Planning Commission meeting and the Commission voted to continue the application to the August 7th meeting, in order to review revised site plan, landscape, and ADA access plans. The applicant was unable to have revised plans prepared in time to make that schedule, and the Commission continued the item to the August 21 st meeting. The applicant submitted revised plans on July 30th' PROJECT DESCRIPTION The proposed four-story 70-room hotel building will be centered on a triangular-shaped 1.35-acre parcel located in the rear of the Rancho Temecula Plaza commemial center, adjacent of, and south of the three-story Comfort Inn motel. The site is bordered to the east by the I-15 Winchester Road off ramp. Access to the site is provided via a 24-ft. wide driveway from Jefferson Avenue and the adjacent commercial center through a center access point that leads to the hotel's main entrance. Two additional 24-foot wide access points are provided at each front corner of the site off a 24-foot wide parallel driveway that extends across the site frontage from the rear of the commercial center. The parking lot provides 67 full size and 4 disabled vehicle-parking stalls distributed on each side of the building. Two 10-foot x 25-foot loading spaces are located in front of the concrete masonry trash enclosure at the northeast corner of the property. Pedestrian access is provided within the project site with a 4-foot wide decorative paved concrete walkway that extends across the building frontage between the parking row and landscape planters. Additional pedestrian access points ara located on each side of the building from the parking lot to the side and rear entrances. Landscaping will be provided with planters adjacent to all sides of the building and around the perimeter of the project site. The building specific and foundation landscaping contains a variety of 24-inch and 36-inch box trees and 1-gallon and 5-gallon shrubs around the building perimeter. A R:~D P~000~0-0507 Hampton inn Suites\PC STF REPT REVISED ARCH 8-21-02.doc decorative raised water fountain will be installed within the landscaped area fronting the porte- cochere facing the west building entrance. Landscape coverage for the project site is listed at a total of 20 percent net. The building architecture is a contemporary raised vertical style that maximizes its footprint on the lot. The main hotel lobby entrance is facing west, directly in line with the center driveway off Jefferson Avenue. The front center section of the building will be the only visible part of the building from Jefferson Avenue. The front entrance is highlighted by a 20-foot high by 34-foot wide cornice capped porte-cochere extending outward from the lobby entrance and fronted by landscaping. A secondary entrance is provided on the east side (rear) of the building, accented with a smaller porte- cochere structure as requested by Staff. At the previous public hearing, the Commission had concerns with the building design treatment, landscaping, and ADA access. Those items have been addressed in the resubmitted set of plans. ANALYSIS Floor Area Ratio The Development Code specifies a target Floor Area Ratio (FAR) of .30 for the Highway/Tourist Commercial (HT) zoning district. This project is requesting an FAR of .71, exceeding the target FAR by 0.41. Development Code Section 17.08.050 requires that one of the following three criteria must be met to justify an increase over the target FAR. The project includes use(s), which provide outstanding and exceptional benefits to the city with respect to the employment, fiscal, social and economic needs of the community; or The project provides exceptional architectural and landscaping design amenities, which reflect an attractive image and character to the city; or The project provides enhanced public facilities that are needed by the city, beyond those required mitigation impact measures. Based upon the revised building elevations and conceptual landscape plan, staff believes that the project does qualify for an FAR increase based upon outstanding amhitecture and landscape design that enhances the character and image of the City. Staff believes that the addition of the stone veneer and wrought iron false balconies across the air conditioning vent covers, as well as the water fountain, decorative paving, and evergreen tree additions, justifies the request for an FAR increase. The proposed project as a retail commercial category will pay $3.614 per square foot in development impact fees (DIF). At 41,900 square foot of floor area, the project will contribute approximately $151,400 in development impact fees. The Attorney representing the owner of the adjacent Comfort Inn has submitted a letter to staff dated July 29, 2002 (reference Exhibit L) expressing opposition to the City approving the FAR increase above the target FAR. The adjacent property owner contends that the proposed project does not meet any of the development code criteria for approving an FAR increase and that the project site is inadequate for the location, lot size, and intensity for this project. Landscapinq The project proposes to landscape 11,822-square feet or 20% of the site, which meets the minimum coverage requirement for the HT (Highway Tourist) zone. The City's landscape consultant has R:~D P~000~00-0507 Hampton Inn Suites\PC STF REPT REVISED ARCH 8-21-02.doc approved of the conceptual plan based on minimum standards per the Development Code. The addition of the decorative water fountain and larger evergreen trees along the east property line facing the freeway off-ramp enhances the conceptual landscape plan ands helps justify the FAR increase. Overall, the landscape plan meets the intent of the City General Plan Land Use Element Highway/Tourist Commercial development objectives for well-landscaped and visually attractive new development projects. Condition #13(a) requires submittal of an accurate design detail of the proposed water fountain for staff review and approval with the construction landscape plans. Buildinq Architectural Desiqn Staff believes that the revised building elevations showing the decorative stone veneer on the relief sections and the wrought iron false balconies across the majority of air conditioning vent covers are a significant improvement over the elevations brought forward to the June 5, 2002 Planning Commission meeting. The applicant has revised the elevation plans to show a wrought iron false balcony covering the NC vent covers on each guest room which has a window awning. However, this design revision still leaves all guest rooms at each end of the building, as well as the center of the front and rear sides with exposed vent covers. Staff believes that all guest rooms on the front and rear sides, aside from the ground floor rooms, should have the false balconies for design consistency and effective vent cover screening. Condition #10 requires that the construction elevation plans show the false balconies across the face of all guest room windows other than the ground floor guest rooms. Pedestrian ADA Access and Traffic Circulation Staff and the Planning Commission requested that the applicant provide a pedestrian walkway between the parking row and landscape area on the building's west side to provide customers with a safe access from the parking lot to the main lobby entrance. The revised site and landscape plans show a five-foot wide concrete pedestrian sidewalk along the length of that parking row and extending to the main hotel entrance. In addition, the revised site plan shows a four-foot wide pedestrian access pathway connecting the east parking area to the west parking area through the landscaped area. The City Building Official also had expressed concern over the lack of a dedicated ADA accessible pedestrian pathway from the Rancho Temecula Plaza entrance off Jefferson Avenue to the hotel entrance. After further review of the ADA regulations, the Building Official has eliminated the requirement, due to the constraints of the parcel's land-locked location and the existing access easements already provided throughout the commercial center. Off-site ADA access will be accomplished by vehicular arrival via the private road fronting the project site. The Planning Commission expressed concern about the existing and future traffic circulation problems within the Rancho Temecula Plaza development and along the Jefferson Avenue corridor fronting the proposed hotel property. Public Works has studied the situation and has concluded that an approved CIP project (PW00-27) will include a median along the site frontage that will restrict turning movements at the primary driveway entrance to the site to right-in/right-out. The median project is expected to be constructed by the end of fiscal year 2003-2004. ENVIRONMENTAL DETERMINATION Staff has reviewed the project for compliance with the California Environmental Quality Act. Based upon staff's review, the proposed project is eligible for a CEQA exemption (Class 32- In Fill Projects) pursuant to Section 15332 of the CEQA Guidelines based on the following reasons: R:\D P~000~00-0507 Hampton Inn Suites\PC STF REPT REVISED ARCH 8-21-02.doc · The site is 1.35 acres, which is less than the 5 acres required. · The proposed development is consistent with the existing development in the area. · The site has no value as a habitat for endangered, rare, or threatened species. · The site will be adequately served by public utilities and services. · The Hampton Inn Suites hotel building is approved pursuant to the zoning and general plan designations for the site. EXISTING ZONING AND GENERAL PLAN DESIGNATION The proposed project is consistent with the Highway/Tourist Commercial (HTC) General Plan land use designation goals and objectives and with the Highway/Tourist Commemial (HT) zoning district development standards as a permitted use. SUMMARY/CONCLUSIONS Staff believes that the applicant has properly satisfied the design change requests of the Planning Commission and staff recommends that the application be approved based on the findings for approval and attached conditions. FINDINGS - Development Plan (Section 17.05.010 F) The proposed use is in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the City. The proposal, a hotel building, is consistent with the land use designation and policies reflected for Highway/Tourist Commercial (HTC) development in the City of Temecula General Plan. The proposed project effectively reflects the objectives of Goal 2 of the General Plan Community Design Element through design excellence in architecture and landscape architecture. The amhitecture and landscape design of the proposed project meets one of the criteria for an Floor Area Ratio increase pursuant to Section 17.08.050 of the development code through outstanding architecture and landscape design that reflects an attractive image and character to the City. The site is properly planned and zoned for the type of development proposed, and is consistent with the Highway/Tourist Commercial (HT) zoning district development standards of the City's development code. The financial contribution that the applicant will make to a future traffic signal on Jefferson Avenue to the north of the project site will help to offset the increased number of vehicle trips the proposed project may generate in and around the project area. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines, Ordinance No. 655 (Mt. Palomar Lighting Ordinance), the City's Water Efficient Landscaping provisions, and all applicable fire and building codes. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with and intended to protect the health and safety of those working in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, R:~D P~2000~00-0507 Hampton Inn Suites\PC STF REPT REVISED ARCH 8-21-02.doc 5 standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. The proposed project, as conditioned, meets all State and local fire and building safety codes and requirements to ensure maximum protection of the public health and safety. FINDINGS - Floor Area Ratio (FAR) increase (Section 17.08.050) Development Code Section 17.08.050 requires that one of the following throe criteria must be met to justify an increase the Floor Area Ratio (FAR): The project includes use(s), which provide outstanding and exceptional benefits to the city with respect to the employment, fiscal, social and economic needs of the community. The project provides exceptionai architectural and landscaping design amenities, which reflect an attractive image and character to the city. The project provides enhanced public facilities that are needed by the city, beyond those required mitigation impact measures. The proposed project meets criteria number two for justifying an increase in the Floor Area Ratio (FAR) pursuant to this Section of the development code by providing outstanding architecture and landscape design qualities roflects an attractive image and character to the City. The addition of the water fountain feature, exterior seating areas, additional accent trees, decorative air conditioning vent covers, and stone veneer exterior finish around the entire building produce an exceptional design that should complement and enhance the surrounding commercial development. Attachments: PC Resolution - Blue Page 7 Exhibit A Conditions of Approval - Blue Page 11 Exhibit B Proposed Project Statement of Operations - Blue Page 24 Exhibit C Applicant Letter of Justification for FAR increase - Blue Page 25 Exhibit D Adjacent Property Owner Attorney Letter of Opposition July 29, 2002 - Blue Page 26 Exhibit E Rancho California Water District Letter dated January 3, 2001 - Blue Page 27 Exhibit F County Department of Environmental Health Letter dated January 2, 2001 - Blue Page 28 Exhibit G California Department of Transportation Letter dated May 29, 2002 - Blue Page 29 Exhibit - Blue Page 30 H. J. K. L. M. Vicinity Map Zoning Map General Plan Land Use Map Site Plan Elevation Plan EL1 and EL2 Floor Plans Preliminary Planting Plan R:~D P~000~0-0507 Hampton Inn Suites\PC STF REPT REVISED ARCH 8-21-02,doc EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. 00-0507 (Development Plan) Jefferson Avenue Inn Project Description: The design and construction of 41,900 square foot 70-room 4- story hotel building on a 1.35-acre lot, located approximately 200-feet east of Jefferson Avenue and 200-feet north of Winchester Road to the adjacent south of the existing Comfort Inn motel and adjacent west of the Winchester Road 1-15 off- ramp, known as Assessors Parcel No. 910-282-007. DIF Category: Retail Commercial Assessor Parcel No.: Approval Date: Expiration Date: 910-282-007 November 6, 2002 November 6, 2004 PLANNING DEPARTMENT Within 1. Forty-Eight (48) Hours of the Approval of this Project The applicant shall deliver to the Community Development Department- Planning Division a cashier's check or money order made payable to the County Clerk in the amount of sixty- four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant has not delivered to the Community Development Department - Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c). General Requirements The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application which action is brought within the appropriate statute of limitations period and Public Resoumes Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly R:~D P'2000\00-0507 Hampton Inn Suites\Final Dev Plan COA's.doc 1 notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents, concerning Planning Application No. 00-0507. Should the applicant fail to timely post the required deposit, the Director may terminate the land use approval without further notice to the applicant. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion or the beginning of substantial utilization contemplated by this approval. In order to avoid being classified as a residence, the maximum occupancy of any unit by any customer shall not exceed 30 days. The development of the premises shall substantially conform to the approved revised Exhibit "D" (Site Plan), approved with Planning Application No. 00-0507, or as amended by these conditions, contained on file with the Community Development Department - Planning Division. Additionally, the following criteria must be met prior to development of the project: a. Three (5) revised Site Plan Exhibits "D" shall be provided to the Planning Department that show the two (2) exterior seating areas near the west and south building entrances. These revised exhibits will be the final approved site plan exhibit. b. A minimum of sixty-seven (67) automobile parking spaces shall be provided. c. A minimum of four (4) handicapped parking spaces shall be provided. d. A minimum of three (3) motorcycle parking spaces shall be provided. e. A minimum of four (4) class 1 or class II bicycle racks shall be provided. f. A minimum of two (2) 10 x 25 loading spaces shall be provided. g. Ali ground mounted utility/mechanical equipment shall be located such that they are not placed in prominent locations visible to the public. h. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of acceptable placement of the transformer and the double detector check prior to final agreement with the utility companies. The final landscape plan shall include locations of all ground mounted utility/ mechanical equipment and provide suitable screening of that equipment. A design detail of the exterior plaza seating areas shall be shown on the final construction site plan and landscape plan with an enlarged detail of the wall seats and decorative paving for review and approval of the Director of Planning. Any outside wall-mounted lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. All building and exterior landscape lighting shall be a decorative type complimentary to the building. Details and cut-sheets of these lights shall be submitted to the Planning Department with building construction plans for review prior to installation. All parking lot lights and other exterior lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No. 655. R:\D P~000\00-0507 Hampton Inn Suites\Final Dev Plan COA's.doc 2 10. 11. 12. 13. 14. 15. Building elevations shall substantially conform to the approved Exhibits "E" (Building Elevations sheets EL1 & EL2) and Exhibit "H" (Color and Material Board), or as amended by these conditions, contained on file with the Community Development Department - Planning Division. The construction plans shall show the decorative false balcony features across all air conditioning vent covers below guest room and side building windows. All mechanical and roof-mounted equipment shall be hidden by building elements that were designed for that purpose as an integral part of the building. When determined to be necessan/by the Director of Planning, the parapet will be raised to provide for this screening. Each guest room window and side building window shall have decorative wrought iron false balconies across the entire face of the air conditioning vent covers as is depicted on approved Exhibits EL1 and EL2. The design and color sample of the false balcony shall be submitted to the Planning Department for review and approval prior to installation. Air conditioning units and exterior vent covers for individual rooms shall be painted to match the wall color they are installed upon and shall be effectively screened from public view with the false wrought iron balconies to the satisfaction of the Director of Planning. The decorative water fountain shall feature a bi-directional water flow inward towards the main lobby entrance and outward towards the west driveway. The final water fountain design detail with specifications shall be submitted to the Planning Department for review and approval of the Director of Planning prior to installation. The canvas awnings over the guest room windows shall be maintained to a new appearance at all times. The awning shall be replaced with a new one to match if it becomes faded, cracked, weather worn, or visibly damaged in any manner. All roof drainage downspouts shall be internalized and architecturally integrated within the wall of the structure so as not to be visible from the outside of the building. Landscaping shall substantially conform to the approved revised Conceptual Landscape Plan Exhibit "F" (Preliminary Planting Plan Sheet L-l, delta version 5 dated 10-8-02), or as amended by these conditions. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Planning. If it is determined that the landscaping is not being maintained, the Director of Planning shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. Additionally, the following revisions to the conceptual landscape plan shall be made and reflected on the construction landscape plans prior to issuance of building permits: a. The final bi-directional water fountain design on the building's west side shall be submitted to the Planning Department for review and approval of the Director of Planning and shown on the construction landscape plans. b. Each of the 15-gallon Chinese Flowering Pistache trees shall be enlarged to 24-inch box size located within the east and north perimeter landscape planters. This change shall be reflected on the construction landscape plans. The colors and materials for this project shall substantially conform to the following list of approved colors and materials, with the colored Elevation Plan Exhibits "E" and with the Color and Material Board Exhibit "H", or as amended by these conditions, contained on file R:\D P~000't00-0507 Hampton Inn Suites\Final Dev Plan COA's.doc 3 with the Community Development Department - Planning Division. Any deviation from the approved colors and materials shall require approval of the Director of Planning. Material Stucco Base Finish Stucco Field and Porte-Cochere Finish Stucco Column Fascia and Ornament Bands Aluminum Storefront Entrance & Window Frames Canvas Awnings Exterior Stone Veneer Exterior False Balconies Color Dryvit #392 "Coconut Shell" Dryvit #116 "Victorian Lace" Dryvit #102 "Bright White" "Dark Bronze" Sunbrella Firesist #8620 'q'oasty Beige" Belgian Castle Stone by Cornado "Sunset Blend" Wrought Iron by Outwater "70/5/5 Dark Bronze" Prior to the Issuance of Grading Permits 16. The applicant shall sign both copies of the final conditions of approval that will be provided by the Community Development Department - Planning Division staff, and return one signed set to the Community Development Department - Planning Division for their files. 17. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by providing documented evidence that the fees have already been paid. 18. The applicant shall submit to the Community Development Department - Planning Division for permanent filing two (2) 8" X 10" glossy photographic color prints of the approved Color and Materials Board Exhibit "H" and of the colored version of approved Exhibit "E", the colored architectural elevations to the Community Development Department - Planning Division for their files. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. Prior to the Issuance of Building Permits 19. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 20. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Community Development Department - Planning Division for approval. These plans shall conform substantially to the approved revised Conceptual Landscape Plan Exhibit "F" (Preliminary Planting Plan Sheet L-l, delta version 5 dated 10-8-02), or as amended by Condition No. 14 and any other related conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. One (1) copy of the approved grading plan. c. Each of the 15-gallon Chinese Flowering Pistache trees located within the east and north perimeter landscape planters shall be enlarged to 24-inch box size Flowering Pistache trees. d. Trash enclosure and all utility equipment shall be screened with landscaping and shown on the Construction Landscape Plans. e. Plantings shall not interfere with traffic sight lines or utility lines. R:\D P~000~00-0507 Hampton Inn Suites\Final Dev Plan COA's.doc 4 Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). Total cost estimate of plantings and irrigation (in accordance with the approved plan). A Landscape Contingency Plan and Arborist Assessment shall be required if it is determined that the existing slope trees and landscaping within the Caltrans right-of- way on the east side of the property is determined to be unhealthy. Prior to the Issuance of Occupancy Permits 21. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 22. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape and irrigation plan shall be filed with the Community Development Department - Planning Division for one year from final cedificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall be released. 23. The construction plans shall indicate the application of painted rooftop addressing plotted on a 9-inch grid pattern with 45-inch tall numerals spaced 9-inch apart. The numerals shall be painted with a standard 9-inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. 24. A permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility, shall identify each parking space reserved for the handicapped. The sign shall not be smaller than 70 square inches and shall be centered at the interior end of the parking space at a minimum height if 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning 909 696-3000." In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. 25. Ail of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. R:~D P~000~0-0507 Hampton Inn Suites'~Final Dev Plan COA's.doc 5 BUILDING AND SAFETY DEPARTMENT 26. All design components shall comply with applicable provisions of the 1998 edition of the California Building, Plumbing and Mechanical Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 27. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 28. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 29. Obtain all building plans and permit approvals prior to commencement of any construction work. 30. Obtain street addressing for all proposed buildings prior to submittal for plan review. 31. Disabled access from the public way to the main entrance of the building is required. The path of travel shall meet the California Disabled Access Regulations in terms of cross slope, travel slope stripping and signage. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 32. All building and facilities must complywith applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 33. Provide van accessible parking located as close as possible to the main entry. 34. Show path of accessibility from parking to furthest point of improvement. 35. A sound transmission control study shall be prepared and submitted at time of plan review in accordance with the provisions of Appendix Chapter 12, Section 1208A, of the 1998 edition of the California Building Code. 36. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 37. Restroom fixtures, number and type, to be in accordance with the provisions of the 1998 edition of the California Building Code Appendix 29. 38. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 39. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 40. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. R:~D P~2000~00-0507 Hampton Inn Suites\Final Dev Plan COA's.doc 6 41. Provide precise grading plan for plan check submittal to check for handicap accessibility. 42. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 43. Trash enclosures, patio covers, light standard and any block walls if not on the approved building plans, will require separate approvals and permits. 44. Show all building setbacks. 45. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Holidays DEPARTMENT OF PUBLIC WORKS General Requirements 46. A Grading Permit for precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 47. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 48. An Encroachment Permit shall be obtained from the California Department of Transportation prior to commencement of any construction within an existing or proposed State right-of- way. 49. All grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Issuance of a Grading Permit 50. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 51. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. R:'~D P~000\00-0507 Hampton inn Suites~Final Dev Plan COA's.doc 7 52. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 53. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. 54. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 55. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality Control Board Riverside County Flood Control and Water Conservation District Planning Department Department of Public Works 56. The Developer shall comply with all constraints, which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 57. The Developer shall obtain any necessary letters of approval or slope easements for off-site work performed on adjacent properties as directed by the Department of Public Works. 58. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. Prior to Issuance of a Building Permit 59. Precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. R:\D P~000\00-0507 Hampton Inn Suites'~l:inal Dev Plan COA's.doc 8 Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400. 401and 402. All street and driveway centerline intersections shall be at 90 degrees. 60. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 61. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 62. The Developer shall record a written offer to participate in, and waive all rights to object to the formation of an Assessment District, a Community Facilities District, or a Bridge and Major Thoroughfare Fee District for the construction of the proposed median on Jefferson Avenue in accordance with the General Plan. The form of the offer shall be subject to the approval of the City Engineer and City Attorney. Prior to Issuance of a Certificate of Occupancy 63. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 64. All public improvements, including the raised landscaped median along Jefferson Avenue, shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 65. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. FIRE DEPARTMENT 66. Final fire and life safety conditions will be addressed when the Fire Prevention Bureau reviews building plans. These conditions will be based on occupancy; use, the California Building Code (CBC), California Fire Code (CFC), and related codes, which are in force at the time of building, plan submittal. 67. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of alt commercial buildings per CFC Appendix III.A, Table A-Ill-A-1. The developer shall provide for this project, a water system capable of delivering 1875 GPM at 20-PSI residual operating pressure, plus an assumed sprinkler demand of 1600 GPM for a total fire flow of 3475 GPM with a 3-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) R:\D P~000~00-0507 Hampton Inn Suites\Final Dev Plan COA's.doc 9 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. A minimum of 4 hydrants, in a combination of on-site and off- site (6" x 4" x 2-2 1/2" outlets) on a looped system shall be located on fire access reads and adjacent to public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to an hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix Ill-B). As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are required. (CFC 903.2) Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul- de-sac shall be forty-five (45) feet. (CFC 902.2.2.2.3 and Subdivision Ord 16.03.020) If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access reads shall be an all weather surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) The gradient for a fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.6 Ord. 99-14) Prior to building construction, dead end roadways and streets in excess of one hundred and fifty (150) feet, which have not been completed, shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) Prior to building construction, this development shall have two (2) points of access, via all- weather sur[ace roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1 ) Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, and spacing and minimum fire flow standards. After the local water company signs the plans, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building R:\D P~000\00-0507 Hampton inn Suites\Final Dev Plan COA's.doc 10 materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1 ) 79. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) 80. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall have a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single-family residences and multi-family residential units shall have four (4) inch letters and/or numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) 81. Prior to issuance of a Certificate of Occupancy or building final, a directory display monument sign shall be required for hotel, apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex, which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. 82. Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) 83. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) 84. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door. (CFC 902.4) 85. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel. (CFC 902.4) 86. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. Special Conditions 87. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. R:\D P~2000\00-0507 Hampton Inn Suites\Final Dev Plan COA's.doc 88. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) TEMECULA COMMUNITY SERVICES DEPARTMENT 89. All perimeter landscaping and parkways shall be maintained bythe property owner or private maintenance association. 90. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 91. Developer shall provide adequate space for a recycling bin within the trash enclosure area(s). OTHER AGENCIES 92. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal letter dated January 3, 2001, a copy of which is attached. 93. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal letter dated January 2, 2001, a copy of which is attached. 94. The applicant shall comply with the recommendations set forth in the California Department of Transportation's transmittal letter dated May 29, 2002, a copy of which is attached By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signatu re Date Name printed R:',D P~2000~0-0507 Hampton Inn Suites\Final Dev Plan COA's.doc 12 January 3, 2001 Michael MCCoy, Case Planner ~ City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 ~~)? SUBJECT: WATER AVAILABILITY PARCEL NO. 7 OF PARCEL MAP NO. 21670 APN 910-282-007 PLANNING APPLICATION NO. PA00~0507 Dear Mr. McCoy: Please be advised that the above-referenced property is located within thc boundaries of Rancho California Water District (RCWD). Water service, therefore, would be ayailable upon.completion of financial arrangements between RCWD and the property oWner. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management fights, if any, to RCWD. If you should have any questions, please contact an Engineering Services Representative at this office. - Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 0 lXSB:at003~F012~T6~FCF ( u,0NTY OF RIVERSIDE · HEALTH SERVICES AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTE January 2, 200l City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589 RE: Plot Plan No. PA00-0507 Dear Michael McCoy: 1. The Deptuhuent of Environmental Health has reviewed the Plot Plan No. PA00-0507 and has no objections. Sanitary sewer and water services may be available in this area. 2. PRIOR TO ANY PLAN CtlECK SUBMITTAL for health clearance, the following items are required: a) "Will-serve" letters from the appropriate water and sewering agencies. b) Three complete sets of plans for each food establishment (to include vending machines) will be submitted, including a fixture schedule, a finish schedule, and a plumbing schedule in order to ensure ' ~ompliance with the California Uniform Retail Food Facilities Law. For specific reference, please contact Food Facility Plan examiners at (909) 600-6330). Sineerel~~__t~ (909) 955-8980 NOTE: Any current additional requirements not covered can be applicable at time of Building Plan review .for-final Department of Environmental Health clearance. Cc: Doug Thompson, Hazardous Materials Local Enlorcement A~eney * ECL Box 1280, gaverside, CA 92502-1280 * (909) 955~982 * FAX (909) 781-96,53 * 4080 Lemon Street, 9th Floor, ~de, CA 99Zi( lamd Use and Water Engineering * ECL Box 1206, Rivevskle, CA 92502-1206 * (909} 9S5~5980 * FAX {~O9) 95S-8903 * 4080 Lemon Stxeet, 2nd Floor, Rive~de, CA 9'2S( DEPARTMENT OF TRANSPORTATION DISTRICT 8 464 W Fourth Street, 6th Floor MS 726 San Bemardino, CA 92401-1400 'HONE (909) 383-6327 ~X (909) 383-6890 May 29, 2002 08-Riv- 15-6.619 Mr. Michael McCoy Planning Department City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Dear Mr. McCoy: Case No. PA00-0507, Hampton Inn, D. Patel, Applicant We have received the Development Review Committee transmittal for the above project, abutting Interstate 15 (1-15) at Winchester Road. Project development proposes construction of a 73 room 4-story hotel on a 1.35-acre parcel of property. Because the easterly project boundary abuts I-15 right-of-way 0UW), we have concerns with potential impacts to existing slopes and nearby drainage facilities that may result with project grading and drainage construction. Although no direct encroachment is shown, the need for a Caltrans permit cannot be established with the information provided. Therefore, prior to issuance of construction permits, an opportunity to review project grading and drainage plans should be provided so that we may better evaluate impact mitigation and permit requirements. We recommend that such review be incorporated as a condition of approval for this hotel project. Other comments addressing · possible impacts to State facilities may follow upon our review of the requested materials. 'Thank you for providing us this opportunity to review and offer our comments on the Hampton Inn development proposal. If this proposal is later revised in any way, or if you have any questions regarding this letter, please contact Mr. Marc A. Centeno at (909) 383-6321 for assistance. Sincerely,· LINDA GRIMES, Chief Office of Forecasting/IGR-CEQA Review TranspOrtation Planning Division 15Tem_PA004)507 ATTACHMENT NO. 6 APPROVED MINUTES EXCERPT FROM THE AUGUST 21,2002 PLANNING COMMISSION R:~D P~000\00-0507 Hampton Inn Suites\CC App[ Stf Report.doc 10 Chairman Chiniaeff recommended that the order of the Agenda (Item No. 1 ) be re~..y~, and that Agenda Item No. 6 be considered after Item No. 3~ MOTION: Commissioner Guerriero moved to~..9~onsent Calendar Item Nos. 1-2, subject to the recom~if_..,j~ltem No~g the order of the Agenda in order that Item ~tem No. 3)/The motion was seconde missioner Telesio and voice vote reflected unanimous approval. COMMISSION BUSINESS 3 Pianninq Application No. PA00-0507-Hampton Inn, for the design and construction of a 70-room four story hotel building on a 1.35-acre vacant parcel located to the adjacent west of the Winchester freeway off ramp next to the Comfort inn Hotel at the rear of the Rancho Temecula Plaza. - Michael McCoy, Project Planner Il RECOMMENDATION: 3.1 Adopt a Notice of Exemption for Planning Application No. PA00-0507 pursuant to Section 15332 of the California Environmental Quality Act Guidelines; and 3.2 Adopt a resolution entitled: PC RESOLUTION NO. 2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 00-0507 (DEVELOPMENT PLAN - HAMPTON INN SUITES) TO DESIGN AND CONSTRUCT A FOUR STORY, 70-ROOM 41,900 SQUARE FOOT HOTEL BUILDING ON A 1.35 ACRE VACANT PARCEL, LOCATED APPROXIMATELY 200 FEET EAST OF JEFFERSON AVENUE AND 200 FEET NORTH OF WINCHESTER, KNOWN AS ASSESSOR'S PARCEL NO. 910-282-007. Staff provided an overview of the proiect plan By way of overheads, Project Planner McCoy presented the staff report (of record), noting that this item was continued from the June 5, 2002 Planning Commission meeting for recommended revisions regarding the landscape, architecture, pedestrian access and circulation plans; relayed the Planning Commission's previous concern regarding the request for a Floor Area Ratio (FAR) increase; with respect to the proposed FAR increase, noted that it was the applicant's opinion that the enhanced architectural treatments met the criteria (per the Development Code) to qualify for the increase in FAR; noted the added condition requiring that the false balcony treatments be placed on all of the windows (with the exception of the ground floor guestrooms) to effectively screen the vent covers; with respect to the landscape plan, advised that it was staff's recommendation that additional evergreen trees be added along the eastern perimeter adjacent to the freeway offramp and that an entry treatment be provided, and that it was R:PlanComm/minute~082102 2 the applicant's revised proposal to add additional evergreen trees along the eastern property line as well as against the building, and to add a water fountain element at the entrance of the building; clarified that it was staff's opinion that the revised ~andscape plan more effectively met the criteria for the FAR increase; with respect to the pedestrian access issues, noted that the City Building Official has revised the applicant's requirement for provision of ADA access from the public right-of-way based on the State Architect's finding that this particular parcel was landlocked, and that access would be provided via vehicles, reading into the record the added condition stating The disabled access from the existing pdvate access driveway to the main entrance of the building is required; the path of travel shall meet the California Disabled Access Regulations in terms of cross-slope, travel-slope, striping and signage and provide all the details on the plans; and advised that the applicant has revised the site plan which now denotes the pedestrian access pathway from the parking lot between the landscaped area in the parking lot, as well as an additional access path from the east side of the property to the west side. Staff addressed the queries of the Commission For Commissioner Mathewson, Project Planner McCoy noted that based on the landscape plan the added fountain treatment did not have seating; relayed that there would be decorative paving in the entryway; confirmed that the required sidewalk (necessary in order for the project to meet the Development Code standards) has been added along the front parking row; and noted that the revised landscape plan included additional evergreen trees, relaying that the project has also been conditioned to add large cedar trees to the front planters to replace the fern pines. In response to Commissioner Telesio, Project Planner McCoy confirmed that it was staff's opinion that the added architectural enhancements (i.e., the substantial amount of added stone veneer) met the criteria for the FAR increase; reiterated that while staff had conditioned the project to add the false balcony treatments on all the windows (with the exception of the first floor windows), it was the applicant's desire to include these elements solely on the windows in the inset sections; and relayed that this particular project plan included adequate parking provisions. Commissioner Guerriero noted his continued concern regarding the traffic impacts associated with the project. For Commissioner Guerriero, Project Planner McCoy provided the revised color board; noted that the applicant has been conditioned to provide a visual representation of the water treatment for staff's review and approval prior to implementation, Director of Planning Ubnoske clarifying that staff had requested the applicant to provide the visual for the Planning Commission presentation. In response to Chairman Chiniaeff, Deputy Director of Public Works Parks relayed that the Development Impact Fees (DIF) for this particular project would be utilized for various projects, that approximately $20,000 of the approximate $151,000 in DIF fees would be utilized towards a signal project at this location, that the potential traffic project (which has yet to be approved by the City Council) would limit access from left-turning motions, that there would be a dual left-turn lane from Jefferson Avenue onto Winchester Road (traveling east), and that most likely there would be a signal on the north side of the Santa Gertrudis Creek (both locations providing opportunities for U-turn motions); R:Plan Comrn/min ut es/082102 3 and advised that these traffic improvements were pad of the City's Capital Improvement Projects as well as part of the Harveston Project's mitigation proposal and would most likely be completed within an 18-month period. The applicant's representatives presented the proiect plan Mr. Larry Markham, representing the applicant, noted the applicant's concurrence with the Conditions of Approval; specified the revisions to the project since the item was continued, which included an added hand pavement stamped-concrete walkway, and an enhanced landscape plan; noted that the applicant was not opposed to staff's recommendation to add the false batcony treatments to all the windows (with the exception of the first floor windows); advised that the applicant's representatives met with Senior Engineer Moghadam to discuss traffic issues at this particular location, noting that direction was provided by staff that it would not be appropriate for this project to move forward and implement improvements at this one area which was part of an overall Capital Improvement Project; noted that a median would be installed which would address the turning movement impacts; with respect to the parking stalls in question, clarified that the stalls were part of this parcel's private property, noting that the reciprocal egress/ingress easement was for the driveway and not the parking; noted that the applicant would not be opposed to bring the fountain treatment design plans back to the Planning Commission; for Commissioner Telesio, relayed that the applicant had offered the use's meeting room for community use; with respect to Commissioner Mathewson's queries regarding provision of a seating element at the fountain, relayed that it was his understanding that at the previous meeting there had been a recommendation for provision of outdoor seating (i.e., a table) which the applicant would most likely place at the south end of the building in lieu of a portion of landscaping. In response to Commissioner Olhasso's queries regarding the letter submitted on this date of August 21st, which relayed the concerns of Mr. Jim Lin, owner of the adjacent inn, Mr. Markham advised that the applicant would explore relocating the trash enclosure area, which was presently proposed proximate to the neighboring inn's pool. With respect to the colored elevation, Mr. Markham noted that the elevations were lost during transit from the City of Fresno. For Commissioner Mathewson, Mr. Markham relayed that it was his understanding that the proposed roof treatment was a more suitable element for the project than alternate roof designs placed on inns in the eastern United States; and relayed that if the fountain element was relocated to the north, a seating element could most likely be added. Mr. Vince Didonato, landscape engineer representing the applicant, addressed the suggestion to relocate the courtyard in order to include a seating element, noting that a coudyard element was pedestrian-oriented and that the sole access to this area would be from across the driveway and would not be particularly conducive to pedestrian orientation, and that the proposal was designed for the fountain treatment to serve as an accent element rather than a pedestrian-oriented area with seating; for Commissioner Mathewson and Chairman Chiniaeff, specified the areas where enhanced paving was proposed; relayed that he was not opposed to staff's recommendation to increase the size of the 15-gallon trees to 24-inch box trees; clarified his opinion that this landscape plan was exceptional, noting that this project had no street frontage, and that all of the landscaping was placed around the perimeter of the building, and that the entry had R:Plan C omrn/min ules/082102 4 been accented; and for Chairman Chiniaeff, confirmed that additional evergreen trees were added on the back of the project proximate to the freeway. The public was invited to comment Mr. Ken Westmyer, 31870 Calle Redondela, representing Mr. Lin, owner of the Hampton Inn, noted that it was his opinion that if the building was reduced in order that the FAR not be increased (which was his recommendation), the reduced TOT tax collected would not have a significant impact; noted concern regarding the lack of information regarding the project, and the potential for left-turning movements exiting the parking lot being prohibited which would create negative impacts; queried the rationale for staff now concurring with the proposed building footprint with the few improvements the applicant incorporated, opining that this project plan did not include an exceptional architecture or landscaping plan, and that the proposed building size was inappropriate for the parcel; and requested that the Planning Commission deny the applicant's request for a FAR increase. The Planninq Commission offered closinq comments While Commissioner Guerriero relayed appreciation to the applicant for the added enhancements to the project, he disagreed with staff that this project encompassed outstanding architecture, recommending that there be additional enhancements due to the high visibility of the project from the freeway; advised that it was his opinion that no additional vehicle congestion should be added at this location due to the existing traffic impacts; concurred with Mr. Westmyer that a reduction in the building size (e.g., reducing the building to three stories) would not have significant financial impacts on the City of Temecula; recommended that there be additional landscaping; noted that he could not adequately review the project for approval or denial without additional information regarding the fountain element design; relayed that the project offered no community amenities; opined that the concerns of the Comfort Inn property owner should be taken into consideration due to this business' support of the City of Temecula for years; and relayed that he was disappointed that the applicant had not initially proposed the wrought-iron treatments on the entire project's windows (with the exception of the first floor), as recommended by staff. Commissioner Mathewson concurred that the proposed building size was too large for this particular site; in comparing this project to alternate recently approved projects in the City of Temecula, concurred that this proposal did not have an exceptional landscape or architectural plan; and noted that without being able to review the fountain design plan he could not support the FAR request. Concurring with the previous comments, Commissioner Telesio advised that although "exceptional" was a subjective term, it was his opinion that this project was more "standard" than "outstanding"; acknowledged that this was a difficult lot; noted that a pitched-roof element (which had been implemented on some of this company's eastern projects) should have been explored, as was discussed at the previous meeting; for informational purposes, recommended that projects should be enhanced prior to Planning Commission presentation, noting that the Planning Commission has raised the bar with respect to design expectations; and concurred that he could not support the request for an increase in the FAR with this particular project, as proposed. R:PlanComm/minute~082102 5 In response to Commissioner Olhasso, Director of Planning Ubnoske concurred that determining whether a design plan was outstanding was a subjective determination; relayed that the Development Code does not define exceptional architecture, that on this padicular project the Planning Commission requested that the applicant revise the project, specifically that stone veneer be added, as well as enhanced paving, and a sidewalk which that applicant has incorporated into the project plan; and recommended that the Planning Commission take into consideration the direction relayed to the applicant at the last meeting by the Planning Commission and whether the applicant has incorporated these revisions into the current proposal. Commissioner Olhasso noted that the applicant did implement the revisions into the project that the Planning Commission had recommended. For Commissioner Olhasso, Deputy Director of Public Works Parks provided additional information regarding the timing of the proposed traffic improvement projects at this location. In light of the traffic improvements proposed proximate to the project site, and since the applicant incorporated the recommended revisions into the project plan, Commissioner Olhasso advised that she could support the project. Chairman Chiniaeff noted that the proiect only need meet one of the warrants denoted in the Development Code to justify a FAR increase; reiterated that the applicant did implement the recommended revisions of the Planning Commission into the project plan; and suggested that the project be restricted from occupancy until the median was in place. Additional discussion ensued regarding the traffic projects Lennar (the Harveston Project) would be implementing as part of its Development Agreement. Commissioner Mathewson relayed that the Planning Commission recommendations expressed at the June 5, 2002 meeting were simply suggestions, and that the Planning Commission was providing direction to the applicant that the architectural and landscape plans needed to be enhanced if the applicant was desirous of a FAR increase; and clarified that implementation of the Planning Commission's recommendations was not a guarantee for approval, Commissioner Telesio concurring, advising that not all of the recommendations had been implemented, clarifying that the justification for the FAR increase was implementation of an exceptional plan, recommending that the applicant either provide an exceptional plan or reduce the FAR, which was echoed by Commissioner Guerriero. MOTION: Commissioner Olhasso moved to continue this matter. (Ultimately this motion died for lack of a second.) In response to Commission discussion, Assistant City Attorney Curley relayed that if the Planning Commission was not in agreement with the resolution for approval, which included the proposed FAR, then it was recommended that the Planning Commission provide direction in order that staff could bring back a resolution with the Commission findings. R:PlanComrn/rninutes/O82102 6 FAILED MOTION: In order to gauge the Commission's support, Chairman Chiniaeff moved to approve the FAR proposed with this particular project. Commissioner Telesio seconded the motion for discussion purposes and voice vote reflected unanimous denial of the motion due to all the Commissioners voting no. MOTION: Commissioner Olhasso moved to continue this item to the October 2, 2002 Planning Commission meeting. The motion was seconded by Commissioner Guerriero. (Ultimately this motion passed; see the top of page 8.) Commissioner Guerriero clarified that the applicant should bring forward to the October 2nd meeting additional information regarding the design of the water element. Mr. Markham relayed his desire for clarification regarding the Planning Commission's direction; noted that all the hotels in this area with the exception of Temecula Creek Inn have exceeded the FAR; advised that the Code allows for an increase from .3 to 1 .; relayed that hotels and mini-storage uses by the nature of the uses typically exceed the FAR; reiterated the concept of proposing a three-story building, noting that with the reduction in parking, additional landscaping could be added; noted that the Code only required that one of the criteria be met to qualify for a FAR increase, advising that the difference between proposing a hotel use verses an office building use was that the City benefited economically from the added revenues generated from the TOT; relayed the applicant's confusion in requesting direction from the Planning Commission and that after implementing these recommendations the Planning Commission did not express support of the revised project plan; and advised that if he had understood the importance of the pitched-roof element, the feasibility of implementing this element would have been investigated. Commissioner Olhasso suggested that the applicant submit the feasibility study, which would then become public record, advising that if the fourth story of the building was needed due to financing issues the Planning Commission could take this issue under consideration. Noting the diligent efforts of the applicant with the project plan, Mr. Markham reiterated the constraints of this particular site, relaying that a hotel use was most likely the most appropriate use for the site; advised that the applicant did offer to contribute funds toward the Jefferson Avenue Median Project as a community amenity, relaying that since this project was included in the City's CIP, the Public Works Departmental staff directed the applicant not to pursue this concept since the project would be addressed within the CIP. For clarification, Commissioner Telesio relayed that the Planning Commission was seeking an exceptional plan to warrant the FAR increase, advising that while the pitched roof was suggested, since the Planning Commissioners were not architects there could be no commitment to support the proposal without reviewing the plan, recommending that the applicant bring forward the most outstanding plan feasible if the FAR increase was going to be proposed. For clarification, Mr. Markham noted that the applicant's rationale for not including the plan to place the false balcony treatments on every window was due to the applicant's architect's opinion that it would be more visually pleasing if this element was placed solely on the windows in the inset area. R:PlanComnt/minute~082102 7 At this time voice vote was taken reflecting unanimous approval. Having revised the order of the Agenda, it was noted that at this time the Commission considered Agenda Item No. 6. Planninq Application No. PA01-0324 (Conditional Use Permit) A proposal to design, construct and operate a qolfinq educational facility that includes classroom and pro shop buildinqs, and a nine-hole public .qolf course with drivinq range, located on a vacant 22-acre section of the Linfield School property on the south side Vista Road north of Pauba Road , and Marc Michael McCoy, Proiect Planner RECOMMENDATION: 6.1 Adopt a Resolution Entitled: PC RESOLUTION NO. 2002-032 A RESOLUTION OF THE PLANNING THE CITY OF TEMECULA NEGATIVE DECLARATION MONITORING PROGRAM STUDY AND ADOPTION FINDINGS PURSUANT ENVIRONMENTAL PLANNING CONDITIONAL PLAN TO DE ACADEMY WITH DRI1 RESII OF A MITIGATED MITIGATION ON THE INITIAL ENVIRONMENTAL THE CALIFORNIA ACT, AND APPROVAL OF NO. 01-0324, A PERMIT AND DEVELOPMENT AND OPERATE A GOLFING NINE-HOLE PUBLIC GOLF COURSE RANGE, A 3,000 SQUARE FOOT PRO- A 1,900 SQUARE FOOT CARETAKER'S ON A 22-ACRE SITE LOCATED ON THE SIDE OF RANCHO VISTA ROAD, BETVVEEN PARKWAY AND MARGARITA ROAD, ~SOR PARCEL NO. 955-020-002 Comm the Telesio advised that he would be abstaining from this item, and ergo left aresented the ~lan By way of overheads, Project Planner McCoy provided a detailed overview of the project, highlighting the location, and the surrounding uses; specified that the Professional Golfers College would accommodate between 110-130 students, would conduct classes Mondays through Fridays between 8:00 A.M. and 11:00 A.M., and in the afternoon would be open for public recreational use; advised that night course lighting could extend the use of the facilities to 9:00 P.M. seven days a week, and that staff was recommending that one of the Conditional Use Permit (CUP) Conditions address the restriction of the hours of the golf course facility to 9:00 P.M., seven days a R:PlanComm/rninutes/082102 8 ATTACHMENT NO. 7 APPROVED MINUTES EXCERPTS FROM THE JUNE 5, 2002 PLANNING COMMISSION R:\D P~2000\00-0507 Hampton Inn Suites\CC Appl Stf Report.doc 11 RECOMMENDATION: MOTION: Commissi~~item-I~ meeting. a . 3 Planninq Application No. 00-0507 (Development Planl - Michael McCoy Development Plan to design and construct a 42,000 square foot, 4-story, 70-unit hotel (Hampton Inn Suites). Generally located on the northeast corner of Jefferson Avenue and Winchester Road at the 1-15 off-ramp to the adjacent south of the Comfort Inn hotel at 27330 Jefferson Avenue known as Assessor's Parcel No. 910-282-007. RECOMMENDATION: 3.1 Staff recommends that the Planning Commission continue the project for design revisions. Staff orovided a project presentation Project Planner McCoy provided a detailed overview of the project plan (of record), as follows: Highlighted the location, the three access points, the two loading spaces located at the northeast comer of the property, the Zoning (Hotel Tourist Commemial), and the General Plan Designation (Hotel Tourist Commercial); · Specified the concerns of staff regarding this particular project, as follows: o The request for an increase in the Floor Area Ratio (FAR), o '[he landscape design and coverage, o The architectural design, o The ADA access from the public right-of-way, and o The pedestrian circulation to the building entrance; · Referencing the Development Code, noted the criteria warranting a FAR increase, as follows: o · Exceptional financial or social benefits provided to the City, o Exceptional architectural and landscaping amenities, and Enhanced public facilities; Referencing a comparative table (on page 4 of the staff report), compared the FAR for alternate similar hotel projects in the area, to the proposed FAR for this project which revealed that this project was significantly the highest; Concluding his presentation, noted that based on the specified concems regarding this project, and the proposal not qualifying for a FAR increase, staff could not make the findings for approval. Addressing the queries of the Commission, for Commissioner Telesio, Senior Planner Hazen confirmed that it was staffs opinion that unless the building footprint was reduced, the additional planter along the freeway 'could not be implemented, advising that staff has been relaying recommendations to the applicant since the pre-application phase of the project in 2000; and for Commissioner Mathewson, noted that the rationale for staffs recommended 10-20 feet of additional buffer was due to the concern with respect to relying on the existing eucalyptus trees, additionally relaying staff's desire to implement a plan which would provide a more natural appearance of trees. For Chairman Chiniaeff, Project Planner McCoy noted that the proposed tree planting plan was not measured with the consideration of the gaps in the existing tree line, Senior Planner Hazen relaying staff's concern regarding the expected height of the trees at full growth only reaching the second story of the building with an underlying concern regarding the health of the existing eucalyptus trees; and confirmed that it was staffs desire to screen the view of the hotel site project from the freeway offramp, reiterating that this project was proposing the minimal landscape plan while requesting a FAR increase. Chairman Chiniaeff commented on alternate approved hotel projects, noting that this particular pamel was a difficult site. In response to Chairman Chiniaeff, Project Planner McCoy relayed that the mullions would be a bronze metal matedal while the air conditioning vent covers would be metal louvers painted to match the wall color, and on the first floor to match the stucco base; and confirmed that it was staffs recommendation that there be a sidewalk along the back of the western parking stalls to tie into the main entrance to the building, Senior Planner Hazen noting that this recommendation was for safety purposes. The applicant provided additional information reqardinq the proiect Mr. Larry Markham, representing the applicant, provided the following information: With respect to the ADA issues, noted that this map was created in 1984-1985, specifying the parcel lines, the reciprocal easements, the connection driveways, advising that if the proposed plan was not acceptable, the applicant would be required to get the proximate properly owners' permission to demolish their existing sidewalks in order to install ramps, flatter sidewalks and handrails to Jefferson Avenue, the parcel would become an ADA landlocked parcel, or a waiver for these particular ADA requirements would have to be requested, advising that the applicant had not been made aware of these requirements by the Building Department; and noted that the applicant would meet with the Building staff to further address this matter. Commissioner Guerdero commented on the existing negalive traffic impacts regarding this area. Mr. Vince Didonato, landscape engineer representing the applicant, specified the landscape plan, as follows: · For Chairman Chiniaeff, noted the location of the proposed crepe myrtle trees; · Relayed that this was an intedor parcel with existing landscaping on the perimeter of the building; Noted opposition to staffs recommendation to place additional plantings proximate to the freeway, in particular since the building had enhanced architectural features on this elevation; · Advised that the tree plantings were staggered, and that a wide vadety of trees have been proposed (i.e., deciduous, evergreen, tall and small trees); With respect to staffs recommendation to increase the size of the trees, clar'~ed that the difference in height between a 36-inch box tree (which could be planted by hand or with a tractor) and a 48-inch box tree (which required a crane to install) was approximately a foot, advising that a 24-inch box tree was a good starting size for trees, noting that 15-gallon trees were better suited in some situations; and advised that a good landscape plan did take into consideration the existing planting around the site; and Regarding the size of the proposed plantings, noted that 14% of the trees would be 36-inch box, 56% would be 24-inch box, clarifying that long-term, a 15-gallon tree will outgrow a 24-inch box or a 48-inch box tree. Mr. Lee Gage, architect representing the applicant, presented additional information regarding the project, as follows: With respect to the referenced ADA requirements, specified that typically what was required was access from the building to a public right-of-way which would be Jefferson Avenue in this particular case, noting that the applicant was being permitted to provide a four-foot wide continuous walkway with truncated domes (which would address the needs of the blind), noting that if the slopes are less than fifteen percent (15%) handrails were not required; Regarding the window treatment, advised that the Hampton Inn franchise prefers an integrated bronze-finished window with a bronze window frame with an architectural grill to cover the air conditioning unit, noting that to add depth on other projects a foam band has been added to the windows, advising that this option was available; Providing information regarding the architectural features, noted that the columns were approximately two feet deep and two [eet wide; relayed that while at various alternate Hampton Inn uses there were raised/pitched roofs which was a Hampton Inn prototype design element, the applicant has opted to keep the costs lower for this particular project and proposed a horizontal type of design; consistent with the existing development in the area; and with respect to concerns raised during the public comment period, noted the following: · Advised that within this Properly Owner's Association there were no restrictions regarding two hotels being located on this subdivision; · Regarding construction impacts (i.e., noise, and dirt), advised that these issues were governed by existing ordinances; · With respect to the visibility concerns, relayed that there were no view shed guarantees for commercial, industrial, or residential uses; With respect to parking, clarified the parking spaces which were part of this parcel; With respect to traffic, concurred that congestion in this area should be addressed, advising that the applicant would be contributing substantially to Development impact Fees, part of which would be utilized for medians on arterial streets; · With respect to the ADA issue, reiterated that lhe applicant would meet with the Building and Safety staff to address this issue. For Chairman Chiniaeff, Mr. Markham noted that he would forward the recommendation for the addition of stone veneer on the first floor of the hotel to the applicant; for Commissioner Olhasso, relayed that he would provide at a future point statistics regarding the projected occupancy rates and Average Daily Rates (ADRs); and in response to Chairman Chiniaeff, noted that funding the cost of a signal would be explored. Commissioner Olhasso queried whether this project's portion of the DIF could be applied towards medians in front of the project on Jefferson Avenue. At 7:50 P.M. the meeting recessed, reconvening at 7:55 P.M. The Plannln,q Commission relays concludinq comments Commissioner Guerriero relayed that in light of the traffic issues, and for application towards meeting the cdtefia for the FAR bonus, the applicant would need to consider some type of signal mitigation; with respect to the facade treatment referenced by Mr. Gage (the applicant's architect), noted his preference for real materials (i.e., stone, bdck) in lieu of a faux stone treatment; and recommended that there be additional enhancements beyond the first floor;, and opined that the landscape plan was adequate. Commissioner Mathewson concurred with Commissioner Guerdero that the traffic impacts needed to be considered; with respect to the FAR increase and the associated warranting criteria, concurred with the applicant's representative that achieving an exceptional landscape plan does not necessarily encompass a greater quantity, recommending that to meet the exceptional standard that staff and the applicant consider off-site improvements; noted that he was not pleased with the Iouvered air conditioner vents, recommending that the applicant pursue alternatives; recommended that there be an additional veneer treatment on the base of the building as well as the columns; with respect to the ADA access issue, opined that a sidewalk was needed on MOTION: Commissioner Mathewson moved to continue this item to the August 7, 2002 Planning Commission meeting. The motion was seconded by Commissioner Olhasso and voice vote reflected unanimous approval. For Mr. Didonato, Chairman Chiniaeff concurred that exceptional concrete treatments would aid in contributing to an overall exceptional landscape plan. ~ Planninq Application No. 02-0240 (Substantial Conformance) - Rick Rush RECOMMENDATION: Commission deny this project. Adopt a Resolution entitled: PC RESOLUTION NO. 2002.014 A OF THE PLANNING THE OF TEMECULA APPROVING )N NO. 02-0240, A NO. 99-0335, WHICI APPROVED AWNING FRONT PERMANENT AND OVER THE FRONT EN~Y,G THE EAST SIDE OF o .D APPROXIMATELY 1,500 SANTIAGO AND KNOWN AS 010 OF PLAN ~ME SHAPE WITH ER AWNING LOCATED ON FRONT STREET SOUTH OF THE INTERSECTION 922-120- Via overheads, Project presented the clarifying that lhe applicant wa~,requesting project that provided an, the box-like desig~ retractable awning awning for an alternative design, ~ material), ' element of the approved advising that since a ~ a break in the substituting the awning. Mr. Richard C. applicant applicant sides of serve ~pplicant, re installed at advising that in response to staff's ; the the awning by approximately two feet at the entry; the ~ of the awning; , and were articulated with real brick and stucco, p the massing on the front and back of the buildings; via noted that this particular proposal was consistent with previousl) and had additional~enhanced articulation in comparison to numerous projects; ATrACHMENT NO. 8 EXHIBITS (SEPARATE DISTRIBUTIONS) R:~D P~000~)0-0507 Hampton Inn Suites\CC Appi Slf Repod.doc 12 ITEM 16 APPROVAL CITY A']-I'ORN EY DIRECTOR OF FINA~N~E CITY MANAGER ~'~ ) TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City Manager/City Council Debbie Ubnoske, Director of Planning January 28, 2003 Appeal of the Planning Commission's decision to deny PA02-0223, a request for a finding of Public Convenience or Necessity and a Minor Conditional Use Permit to upgrade the existing Type-20 (Off Sale Beer and Wine) ABC license to a Type 21 (Off Sale General) license authorizing the sale of beer, wine and distilled spirits for consumption off the premises where sold. PREPARED BY: Rolfe Preisendanz, Assistant Planner RECOMMENDATION: The Planning Commission recommends that the City Council ADOPT a Notice of Exemption for Planning Application No. 02- 0223 (Public Convenience or Necessity and Minor Conditional Use Permit) per the California Environmental Quality Act, Section 15270 (Projects Which Are Disapproved). 2. ADOPTa resolution entitled: CC RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY PA02-0223 A REQUEST FOR A FINDING OF PUBLIC CONVENIENCE OR NECESSITY TO UPGRADE THE CURRENT ALCOHOL BEVERAGE CONTROL (ABC) LICENSE FROM A TYPE 20 (OFF SALE BEER AND WINE LICENSE) TO A TYPE 21 (OFF-SALE GENERAL LICENSE) LOCATED IN THE MORAGA PLAZA AT 29762 RANCHO CALIFORNIA ROAD ON THE NORTH SIDE OF RANCHO CALIFORNIA ROAD, BETWEEN LYNDIE LANE AND MORAGA ROAD KNOWN AS ASSESSOR'S PARCEL NO. APN 921-310-022. R:\M C U P~2002\02-0223 Stop Quick Mini Mart\CC Staff Report.doc 1 3. ADOPT a resolution entitled: CC RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY PLANNING APPLICATION NO. 02-0223 A MINOR CONDITIONAL USE PERMIT TO UPGRADE THE CURRENT ALCOHOL BEVERAGE CONTROL (ABC) LICENSE FROM A TYPE 20 (OFF SALE BEER AND WINE LICENSE) TO A TYPE 21 (OFF-SALE GENERAL LICENSE) LOCATED IN THE MORAGA PLAZA AT 29762 RANCHO CALIFORNIA ROAD ON THE NORTH SIDE OF RANCHO CALIFORNIA ROAD, BETWEEN LYNDIE LANE AND MORAGA ROAD KNOWN AS ASSESSOR'S PARCEL NO. APN 921-310-022. BACKGROUND: In reviewing this application, staff made the following determinations: according to the Alcohol Beverage Control (ABC) there is currently an over-concentration of "off-sale" alcohol licenses in this census tract, with 12 "off-sale" licenses existing and only five (5) allowed. The approval of this application would therefore further worsen the proliferation of "off-sale" licenses in this census tract. Additionally, of the ten questions required to make the Findings of Public Convenience or Necessity (PCN), seven could not be met. The seven criteria not met included: the business (Stop Quick Mini Mart) does not fill a market niche not currently occupied by other license holders in the City; the business does not cater to an underserved population; the business is not unique or different from other establishments in the area; there are no geographical boundaries or traffic barriers separating the business from other establishments; the business is not located in an area where there is a significant influx of population during certain seasonal periods; and there is a proliferation of licensed establishments within the Census Tract of the Stop Quick Mini Mart. Consequently, since the findings for Public Convenience or Necessity could not be made, staff could not make the findings for a Minor Conditional Use Permit. Considering the facts presented, staff recommended that the Planning Commission deny the application for a license upgrade. On November 20, 2002 the Planning Commission was deadlocked (2-2) on a decision regarding PA02-0223 with Commissioner Olhasso absent. Needing to take an action to approve or deny, the Planning Commission continued the item to the December 4, 2002 Planning Commission Meeting. On December 4, 2002, the Planning Commission voted 3-2 to deny the application. On December 12, 2002, the applicant filed an Appeal of the Planning Commission's decision to deny PA02-0223. R:\M C U P~2002\02-0223 Stop Quick Mini Mart\CC Staff Report.doc 2 DISCUSSION: Planning Commission Hearing At the November 20, 2002 Planning Commission hearing, staff provided an overview of the rationale used in recommending denial of the project. The applicant's representative, Dr. Sami Jihad, relayed a number of reasons why the Commission should overturn staff's recommendation and approve the project. Further, two members of the public spoke in favor of the project and one member spoke in opposition to the project. The members of the public that were in favor of the project indicated that they would not need to travel as far to obtain distilled spirits. The member of the public that spoke in opposition to the project was the pastor of the Baptist Church located behind the Moraga Plaza. Reverend Fisher noted the close proximity of the Church, day care center and the elementary school. He also advised the Commission that the Church was experiencing problems with individuals consuming alcohol in the wooded area behind the church and was concerned about the children who cut through the plaza in order to get to the school. Generally, Pastor Fisher clarified that the distilled spirits would worsen the existing problem, exacerbating the danger to the children in the area. At the December 4, 2002 Planning Commission meeting, the applicant's representative reiterated their opinion that the Commission should approve their request. Pastor Fisher spoke again reiterating his concerns about the safety of the children in the area. Pastor Fisher provided photographs to the Commission of the site showing empty alcohol bottles thrown on the hillside behind Moraga Plaza. Following the public testimony, the Commission deliberated and voted 3-2 to deny the PA02-0223, with Commissioner Telesio and Chairman Chinaeff voting in favor of the upgrade in alcohol licenses. Commissioners Telesio and Chiniaeff noted that there were no previous police incidents on record for the business and that the request would not add any additional outlets to the Census Tract. APPEAL: The appellant has filed four separate grounds of appeal identified in italics below, followed by staff's response in bold. Public Convenience. 'The Commission was not justified in deciding that public convenience will not be served. Public convenience will be served especially for those 180+ units that are within the proximity of the Stop Quick Mini Mart. Also 500+ signatures were submitted in lieu of public convenience." Pursuant to the criteria established by the Planning Commission, findings must be met in order to justify a Finding of Public Convenience or Necessity. The following criteria for Convenience or Necessity have not been met: Q: Does the proposed establishment have any unique features, which are not found in other similar uses in the community (i.e. types of games, types of food, other special services)? A: The application does not meet this criteria. Stop Quick Mini-Mart offers packaged, refrigerated and frozen foods and beer and wine typically found in most convenience stores throughout Southwest Riverside County. R:~vl C U P~002\02-0223 Stop Quick Mini Mart\CC Staff Report.doc 3 Therefore, their business does not fill a market niche not currently occupied by other license holders in the City. Q: Does the proposed establishment cater to an under-served population (i.e. patrons of a different socio-economic class)? A: The application does not meet this criteria. Stop Quick Mini Mart is expected to serve all socio-economic classes. Products sold by Stop Quick Mini Mart offer no specialty type items such as are found in health food stores and specialty stores. Stop Quick Mini Mart offers food items typically found in grocery stores and other convenience markets. Q: Would the proposed mode of operation of the proposed establishment (i.e. sales in conjunction with gasoline sales, tours, etc.) be unique or differ from that of other establishments in the area? A: The application does not meet this criteria. Sales are anticipated to be typical of market operations. Q: Are there any geographical boundaries (i.e. rivers, hillsides) or traffic barriers (i.e. freeways, major roads, major intersections) separating the proposed establishment from other establishments? A: The application does not meet this criteria. The shopping center, in which Stop Quick Mini Mart is located, is in an area, which is fully urbanized and is bordered by major roadways such as Rancho California Road to the south and Lyndie Lane to the west. Q: Is the proposed establishment located in an area where there is a significant influx of population during certain seasonal periods? A: The application does not meet this criteria. Population in the area is expected to be seasonally stable, but increasing as the adjacent multi- family and single-family residential areas continue to attract development. Over-Concentration. '~i'he Commission felt that the upgrade will add to the worsening of the over concentration of the off-sale license. This is not true because the upgrade will not increase the number of licenses as confirmed by the Alcohol Beverage Control Board Riverside in its fax of October 31, 2002." Q: Is there a proliferation of licensed establishments within the Census Tract of the proposed establishment? A: While the application will not worsen the proliferation, according to the Department of Alcohol Beverage Control there is currently an over- concentration of (7) off-sale licenses within the subject Census Tract (0432.16). Specifically, ABC has determined there are currently (12) off-sale licenses with only 5 allowed. Increased Crime. 'q-he Commission felt that the upgrade would contribute to crimes. This is not true because if this were a high crime area, the police would not have signed it or approved it. The police did approve the request for convenience." R:\M C U P~002\02-0223 Stop Quick Mini Mart~CC Staff Report.doc 4 Q: Will the proposed establishment add to law enforcement problems in the area? A: The application can comply with this criteria. The City of Temecula Police Department has reviewed the application for an upgrade from a Type 20 to a Type 21 license and approved the change on April 30, 2002. (See attached Exhibit) Pre-existinq Le.qal Non-Conforminq Use. '"The Stop Quick Mini Mart location is a pre- existing legal non-conforming use." Staff has not disputed this contention made by the appellant because Stop Quick Mini Mart is an existing convenience market, established under the jurisdiction of the County of Riverside. RECOMMENDATION: The Planning Commission recommends that the City Council deny the appeal and uphold the Planning Commission's decision to deny PA02-0223. ATrACHMENTS: 4. 5. 6. 7. Draft CC Resolution denying an appeal of the Planning Commission's decision to deny a Finding of Public Convenience or Necessity - Blue Page 6 Draft CC Resolution denying an appeal of the Planning Commission's decision to deny Planning Application PA02-0223 a Minor Conditional Use Permit - Blue Page 7 Planning Commission Resolution No. 2002-058 - Blue Page 8 Planning Commission Resolution No. 2002-059 - Blue Page 9 Draft Planning Commission Minutes (December 4, 2002) - Blue Page 10 Draft Planning Commission Minutes (November 20, 2002) - Blue Page 11 Planning Commission Staff Report and Exhibits (December 4, 2002) with attached Planning Commission Staff Report (November 20, 2002) - Blue Page 12 R:\M C U P~002\02-0223 Stop Quick Mini Mart\CC Staff Report.doc 5 ATTACHMENT NO. 1 DRAFT CC RESOLUTION DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY A FINDING OF PUBLIC CONVENIENCE OR NECESSITY. R:~vl C U P~002\02-0223 Stop Quick Mini Mart\CC Staff Report.doc 6 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY PA02-0223, A REQUEST FOR A FINDING OF PUBLIC CONVENIENCE OR NECESSITY TO UPGRADE THE CURRENT ALCOHOL BEVERAGE CONTROL (ABC) LICENSE FROM A TYPE 20 (OFF SALE BEER AND WINE LICENSE) TO A TYPE 21 (OFF-SALE GENERAL LICENSE) LOCATED IN THE MORAGA PLAZA AT 29762 RANCHO CALIFORNIA ROAD ON THE NORTH SIDE OF RANCHO CALIFORNIA ROAD, BETWEEN LYNDIE LANE AND MORAGA ROAD KNOWN AS ASSESSOR'S PARCEL NO. APN 921-310-022. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. declare that: The City Council of the City of Temecula does hereby find, determine and Jalal Zora, Stop Quick Mini Mart, filed an Appeal of Planning Commission's decision to deny Planning Application No. PA02-0223, a request for a Finding of Public Convenience or Necessity to upgrade the current Alcohol Beverage Control license from a Type 20 (Off Sale Beer and Wine License) to a Type 21 (Off Sale General License) located in the Moraga Plaza at 29762 Rancho California Road on the north side of Rancho California Road, between Lyndie Lane and Moraga Road known as Assessor's Parcel No. 921-310-022. ("Project"). The application for the Project was processed and an environmental review was conducted as required by the California Environmental Quality Act. The Planning Commission of the City of Temecula held duly noticed public hearings on November 20, 2002 and December 4, 2002 to consider the application for the Project. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2002-059 recommending denial of Planning Application PA02-0223 a request for a Finding of Public Convenience or Necessity to upgrade the current Alcohol Beverage Control license from a type a Type 20 (Off Sale Beer and Wine License) to a Type 21 (Off Sale General License) located in the Moraga Plaza. On January 28, 2003, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested R:\M C U P~2002\02-0223 Stop Quick Mini Mart\CC Reso PCN.doc 1 in the Project had the opportunity and did address the City Council on these matters. On January 28, 2003, the City Council of the City of Temecula denied an Appeal of the Planning Commission's decision to deny PA02-0223 a Finding of Public Convenience or Necessity when it adopted Resolution No. 03- Section 2. The City Council of the City of Temecula in denying the request for a Finding Public Convenience or Necessity hereby makes the following findings: Q: Does the proposed establishment have any unique features, which are not found in other similar uses in the community (i.e. types of games, types of food, other special services)? A: The application does not meet this criteria. Stop Quick Mini-Mart offers packaged, refrigerated and frozen foods and beer and wine typically found in most convenience stores throughout Southwest Riverside County. Therefore, their business does not fill a market niche not currently occupied by other license holders in the City. e.. Does the proposed establishment cater to an under-served population (i.e. patrons of a different socio-economic class)? A~ The application does not meet this criteria. Stop Quick Mini Mart is expected to serve all socio-economic classes. Products sold by Stop Quick Mini Mart offer no specialty type items such as are found in health food stores and specialty stores. Stop Quick Mini Mart offers food items typically found in grocery stores and other convenience markets. O~ Would the proposed mode of operation of the proposed establishment (i.e. sales in conjunction with gasoline sales, tours, etc.) be unique or differ from that of other establishments in the area? A: The application does not meet this criteria. Sales are anticipated to be typical of market operations. Are there any geographical boundaries (i.e. rivers, hillsides) or traffic barriers (i.e. freeways, major roads, major intersections) separating the proposed establishment from other establishments? A: The application does not meet this criteria. The shopping center, in which Stop Quick Mini Mart is located, is in an area, which is fully urbanized and is bordered by major roadways such as Rancho California Road to the south and Lyndie Lane to the west. e~ Is the proposed establishment located in an area where there is a significant influx of population during certain seasonal periods? A~ The application does not meet this criteria. Population in the area is expected to be seasonally stable, but increasing as the adjacent multi- R:~M C U P~002\02-0223 Stop Quick Mini Mart\CC Reso PCN.doc 2 family and single-family residential areas continue to attract development. e~ Is there a proliferation of licensed establishments within the Census Tract of the proposed establishment? A~ The application will worsen the proliferation. According to the Department of Alcohol Beverage Control there is currently an over concentration of (7) off-sale licenses within the subject Census Tract (0432.16). Specifically ABC has determined there are currently (12) off-sale licenses with only 5 allowed. O~ Are there any sensitive uses (i.e., schools, parks, hospitals, churches) in close proximity (500 feet) to the proposed establishment? A; The application does not comply with mandatory spacing requirement for sensitive uses, but is a pre-existing legal non-conforming use. Q: Would the proposed establishment interfere with these sensitive uses? A~ The application meets this criteria. The Department of Alcohol Beverage Control has concluded that the proposed use would not interfere with the Kindercare Day Care Center or the Church facility. Q: Would the proposed establishment interfere with the quiet enjoyment of their property by the residents of the area ? A~ The application meets this criteria. It is unlikely that the license upgrade proposed for Stop Quick Mini-market will interfere with residents east and north of the area. Residences are beyond 500 feet of the shopping center in which the licensee currently operates. Will the proposed establishment add to law enforcement problems in the area ? A~ The application can comply with this criteria. The City of Temecula Police Department has reviewed the application for an upgrade from a Type 20 to a Type 21 license and approved the change on April 30, 2002. (See attached Exhibit) Section 3. The City Council of the City of Temecula hereby denies the Appeal of the Planning Commission's decision to deny a request for a Finding of Public Convenience or Necessity to upgrade the current Alcohol Beverage Control license from a type a Type 20 (Off Sale Beer and Wine License) to a Type 21 (Off Sa~e General License), located in the Moraga Plaza at 29762 Rancho California Road on the north side of Rancho California Road, between Lyndie Lane and Moraga Road, known as Assessor's Parcel No. 921-310-022. ("Project"). Section 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 28th day of January, 2003 R:'~¥I C U P~2002\02-0223 Stop Quick Mini Mart\CC Reso PCN.doc 3 ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 03- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting held on the 28th day of January, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:\M C U P~2002\02-0223 Stop Quick Mini Mart\CC Reso PCN,doc 4 ATTACHMENT NO. 2 DRAFT CC RESOLUTION DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY PLANNING APPLICATION PA02-0223 A MINOR CONDITIONAL USE PERMIT. R:\M C U P~002\02-0223 Stop Quick Mini Mart\CC Staff Report.dec 7 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY PLANNING APPLICATION NO. 02-0223, A MINOR CONDITIONAL USE PERMIT TO UPGRADE THE CURRENT ALCOHOL BEVERAGE CONTROL (ABC) LICENSE FROM A TYPE 20 (OFF SALE BEER AND WINE LICENSE) TO A TYPE 21 (OFF-SALE GENERAL LICENSE) LOCATED IN THE MORAGA PLAZA AT 29762 RANCHO CALIFORNIA ROAD ON THE NORTH SIDE OF RANCHO CALIFORNIA ROAD, BETWEEN LYNDIE LANE AND MORAGA ROAD KNOWN AS ASSESSOR'S PARCEL NO. APN 921-310-022. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. declare that: The City Council of the City of Temecula does hereby find, determine and Jalat Zora, Stop Quick Mini Mart, filed an Appeal of Planning Commission's decision to deny Planning Application No. PA02-0223, a request for a Minor Conditional Use Permit to upgrade the current Alcohol Beverage Control license from a type a Type 20 (Off Sale Beer and Wine License) to a Type 21 (Off Sale General License) located in the Moraga Plaza at 29762 Rancho California Road on the north side of Rancho California Road, between Lyndie Lane and Moraga Road known as Assessor's Parcel No. 921-310-022. ("Project"). The application for the Project was processed and an environmental review was conducted as required by the California Environmental Quality Act. The Planning Commission of the City of Temecula held duly noticed public hearings on November 20, 2002 and December 4, 2002 to consider the application for the Project Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2002-059 denying a request for a Minor Conditional Use Permit to upgrade the current Alcohol Beverage Control license from a type a Type 20 (Off Sale Beer and Wine License) to a Type 21 (Off Sale General License) located in the Moraga Plaza. On January 28, 2003, the City Council of the City of Temecula held a duly noticed public hearing on the Project, at which time all persons interested R:/Resos 2002/Resos 02-_ 1 in the Project had the opportunity and did address the City Council on these matters. On January 28, 2003, the City Council of the City of Temecula denied an Appeal of the Planning Commission's decision to deny PA02-0223 a Minor Conditional Use Permit when it adopted Resolution No. 03- Section 2. The City Council hereby makes the following findings as required in Section 17.04.010 of the Temecula Municipal Code: The proposed conditional use is not consistent with the general plan and the development code in that the Department Alcoholic Beverage Control has determined that there is an over-concentration of off-sale licenses in the subject Census Tract Number 0432.16. There are currently 12 off sale licenses in the Census Tract with only 5 allowed. The proposed minor conditional use is not compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed minor conditional use will not adversely affect the adjacent uses, buildings or structures for the reason that, although the existing mini market is consistent with the adjacent uses, it is not compatible in the sense that it is an over concentration of businesses with current off-sale licenses. The nature of the proposed minor conditional use is detrimental to the health, safety and general welfare of the community in that the project would aggravate an already over concentrated situation. The decision to deny the minor conditional use permit is based on substantial evidence in view of the record as a whole before the City Council on appeal. Section 3. The City Council of the City of Temecula hereby denies an Appeal of the Planning Commission's decision to deny a Minor Conditional Use Permit to upgrade the current Alcohol Beverage Control license from a type a Type 20 (Off Sale Beer and Wine License) to a Type 21 (Off Sale General License) located in the Moraga Plaza at 29762 Rancho California Road on the north side of Rancho California Road, between Lyndie Lane and Moraga Road known as Assessor's Parcel No. 921-310-022. ("Project"). Section 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 28th day of January, 2003 ATTEST: Jeffrey E. Stone, Mayor R:/Resos 2002/Resos 02-_ 2 Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 03- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting held on the 28th day of January, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2002/Resos 02-~ 3 ATTACHMENT NO. 3 PLANNING COMMISSION RESOLUTION NO. 2002-058 R:\M C U P~2002\02-0223 Stop Quick Mini Mart\CC Staff Report.doc 8 PC RESOLUTION NO. 2002-058 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING A REQUEST FOR A FINDING OF PUBLIC CONVENIENCE OR NECESSITY TO UPGRADE THE CURRENT ALCOHOL BEVERAGE CONTROL (ABC) LICENSE FROM A TYPE 20 (OFF SALE BEER AND WINE LICENSE) TO A TYPE 21 (OFF-SALE GENERAL LICENSE) LOCATED IN THE MORAGA PLAZA AT 29762 RANCHO CALIFORNIA ROAD ON THE NORTH SIDE OF RANCHO CALIFORNIA ROAD, BETWEEN LYNDIE LANE AND MORAGA ROAD KNOWN AS ASSESSOR'S PARCEL NO. APN 921-310- 022. WHEREAS, Jalal Zora, filed a request for a Finding of Public Convenience and Necessity, in accordance with the City of Temecula General Plan and Development Code; and WHEREAS, the request for a Finding of Public Convenience and Necessity was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; and WHEREAS, the application was processed in accordance with the California Environmental Quality Act; and WHEREAS, the Planning Commission held a duly noticed public hearing on November 20, 2002 to consider the application; and WHEREAS, the Planning Commission considered the request for a Finding of Public Convenience and Necessity at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; and WHEREAS, at the conclusion of the Planning Commission and after due consideration of the staff report and public testimony, the Planning Commission denied the request for a Finding Public Convenience or Necessity; and NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. The Planning Commission, in denying the request for a Finding Public Convenience or Necessity hereby makes the following findings: Criteria to Justify Making a Findinq of Public Convenience or Necessity Q: Does the proposed establishment have any unique features, which are not found in other similar uses in the community (i.e. types of games, types of food, other special services)? R:',M C U P',2002~02-0223 Stop Quick Mini Ma~Staff Report.doc 8 A: Q: Q: A: A: Q: Q: Q; A: The application does not meet this criteria. Stop Quick Mini-Mart offers packaged, refrigerated and frozen foods and beer and wine typically found in most convenience stores throughout Southwest Riverside County. Therefore, their business does not fill a market niche not currently occupied by other license holders in the City. Does the proposed establishment cater to an under-served population (i.e. patrons of a different socio-economic class)? The application does not meet this criteria. Stop Quick Mini Mart is expected to serve all socio-economic classes. Products sold by Stop Quick Mini Mart offer no specialty type items such as are found in health food stores and specialty stores. Stop Quick Mini Mart offers food items typically found in grocery stores and other convenience markets. Would the proposed mode of operation of the proposed establishment (i.e. sales in conjunction with gasoline sales, tours, etc.) be unique or differ from that of other establishments in the area? The application does not meet this criteria. Sales are anticipated to be typical of market operations. Are there any geographical boundaries (i.e. rivers, hillsides) or traffic barriers (i.e. freeways, major roads, major intersections) separating the proposed establishment from other establishments? The application does not meet this criteria. The shopping center, in which Stop Quick Mini Mart is located, is in an area, which is fully urbanized and is bordered by major roadways such as Rancho California Road to the south and Lyndie Lane to the west. Is the proposed establishment located in an area where there is a significant influx of population during certain seasonal periods? The application does not meet this criteria. Population in the area is expected to be seasonally stable, but increasing as the adjacent multi-family and single-family residential areas continue to attract development. Is there a proliferation of licensed establishments within the Census Tract of the proposed establishment? The application will worsen the proliferation. According to the Department of Alcohol Beverage Control there is currently an over concentration of (7) off-sale licenses within the subject Census Tract (0432.16). Specifically ABC has determined there are currently (12) off-sale licenses with only 5 allowed. Are there any sensitive uses (i.e., schools, parks, hospitals, churches) in close proximity (500 feet) to the proposed establishment? The application does not comply with mandatory spacing requirement for sensitive uses, but is a pre-existing legal non-conforming use. Would the proposed establishment interfere with these sensitive uses? R:'dVl C U P',2002~02-0223 Stop Quick Mini Mart\Staff Report.doc 9 A: The application meets this criteria. The Department of Alcohol Beverage Control has concluded that the proposed use would not interfere with the Kindercare Day Care Center or the Church facility. Q: Would the proposed establishment interfere with the quiet enjoyment of their property by the residents of the area? A: The application meets this criteria. It is unlikely that the license upgrade proposed for Stop Quick Mini-market will interfere with residents east and north of the area. Residences are beyond 500 feet of the shopping center in which the licensee currently operates. Q: Will the proposed establishment add to law enfomement problems in the area ? A; The application can comply with this criteria. The City of Temecula Police Department has reviewed the application for an upgrade from a Type 20 to a Type 21 license and approved the change on April 30, 2002. (See attached Exhibit) Section3. Environmental Compliance. A Notice of Exemption for Planning Application No. 02-0223 was made per the California Environmental Quality Act Guidelines, Section 15270 (Projects Which Are Disapproved). This section applies when a public agency rejects or disapproves the proposed project Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of November 2002. ATTEST: Chinia~ Debbie Ubnoske, Secretary {SEAL} R:~I C U P',2002~02-0223 Stop Quick Mini Mar~Staff Report.doc 10 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2002-058 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of November, 2002, by the following vote: AYES: 3 NOES: 2 ABSENT: 0 ABSTAIN: 0 PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Guerriero, Mathewson and Olhasso Telesio and Chairman Chiniaeff None None Debbie Ubnoske, Secretary R:~v'l C U P~2.002~02-0223 Stop Quick Mini Mart~Staff Report.doc 11 FORM PER SECTION 23958.4 for Off Sale, On Sale Beer and Public Premises Licenses ADDRESS: . ,~'q?$2 .~,~c/~o ~,ol l~,~ fro., LICENSE TYPE: '~..,/,o~- o?l oft:- ,~qi£ L,, ~a~,¢ Ltea,,v~ TYPE OE BUSINESS (i.e. Bar, Store Gas Station, etc.): CRIME REPORTING DISTRICT °l I NUMBER OF LICENSES ALLOWED DISTRICT AVERAGE X 120% = CRIMES IN THIS REPORTING DISTRICT · NUMBER EXISTING I CD -t- ~ = HIGH CRIME (20% average) BEAT MAP NO. If the above premises are ltcated in an area which has an over concentration of alcohohc beverage _2 licenses and/or a higher than average crime rate as defined in Section :23958.4 of the Business and Professions Code, contact City/County official for completion of this form. (This section to be completed by City/County Official) WILL PUBLIC CONVENIENCE OR NECESSITY BE SERVED BY ISSUANCE OF THI,q ~COHOLIC BEVERAGE LICENSE? ( ) YES Name Of City/County Official Ao'a'b 6q t, Phqne Number .~i~ature of City/Council Offictal Da~e ' Under the penalty of l~rjury, I declar~ the information in this affidavit is ~rue to the best of my knowledge. I acknowledge that any fale or misleading information will constitut~ grounds for denial of t~e applicfion for the license or if the license is issued in reliance ,on information in this affidavit which is false or misleading, then such information will constitute grounds for revocation of the' license issued. (Please Print) APPLICANTS NAME: MAILING ADDRESS: ~ft~g~ /F~q/qc~o d'./1ll?o~,all,/l g'~., '-.-.-~£t4£¢tlM, ~/I 9'~1 OFFICIALS: MAIL COMPLETED FORM TO: 1~$0 Front S~., Room ~5056, San Diego, CA ~2101 San Diego, CA 92101 ATTACHMENT NO. 4 PLANNING COMMISSION RESOLUTION NO. 2002-059 R:\M C U P~2002\02-0223 Stop Quick Mini Mart\CC Staff Report.doc 9 PC RESOLUTION NO. 2002-059 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. 02-0223 A MINOR CONDITIONAL USE PERMIT TO UPGRADE THE CURRENT ALCOHOL BEVERAGE CONTROL (ABC) LICENSE FROM A TYPE 20 (OFF SALE BEER AND WINE LICENSE) TO A TYPE 21 (OFF-SALE GENERAL LICENSE) LOCATED IN THE MORAGA PLAZA AT 29762 RANCHO CALIFORNIA ROAD ON THE NORTH SIDE OF RANCHO CALIFORNIA ROAD, BETWEEN LYNDIE LANE AND MORAGA ROAD KNOWN AS ASSESSOR'S PARCEL NO. APN 921-310- 022. WHEREAS, Jalal Zora, filed Planning Application No. 02-0223, in accordance with the City of Temecula General Plan and Development Code; and WHEREAS, Planning Application No.02-0223 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; and WHEREAS, the application was processed in accordance with the California Environmental Quality Act; and WHEREAS, the Planning Commission held a duly noticed public hearing on November 20, 2002 to consider the application; and WHEREAS, the Planning Commission considered Planning Application 02-0223 at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; and WHEREAS, at the conclusion of the Planning Commission and after due consideration of the staff report and public testimony, the Planning Commission denied the request for a Minor Conditional Use Permit; and NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. The Planning Commission, in denying the request for a Finding Public Convenience and Necessity hereby makes the following findings: 1. The proposed conditional use is not consistent with the general plan and the development code. The project has been reviewed for consistency with these documents and staff has determined that the project is not consistent with the goals and policies contained within the general plan and regulations within the Development Code. The Department Alcoholic Beverage Control has determined that there is an over concentration of off- R:~M C U F~2.002~02-0223 Stop Quick Mini Mart~taff Report.doc 13 sale licenses in the subject Census Tract Number 0432.16. There are currently 12 off sale licenses in the Census Tract with only 5 allowed. 2. The proposed minor conditional use is not compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed minor conditional use will not adversely affect the adjacent uses, buildings or structures. Although the existing mini market is consistent with the adjacent uses, it is not compatible in the sense that it is an over concentration of businesses with current off- sale licenses. 3. The nature of the proposed minor conditional use is detrimental to the health, safety and general welfare of the community. The project has been determined to be detrimental to the health, safety and general welfare of the community in that the project would aggravate an already over concentrated situation. 4. The decision to deny the application for a finding of Public Convenience or Necessity and a minor conditional use permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. This application has been brought before the Planning Commission at a Public Hearing where members of the public have had an opportunity to be heard on this matter before the Commission renders her/his decision. Section3. Environmental Compliance. A Notice of Exemption for Planning Application No. 02-0223 was made per the California Environmental Quality Act Guidelines, Section 15270 (Projects Which Are Disapproved). This section applies when a public agency rejects or disapproves the proposed project Section4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of November 2002. Denms Chiniaeff, Chairperson ATTEST: Debbie Ubnoske, Secretary {SEAL} R:~VI C U P~2002~02-0223 Stop Quick Mini Mart\Staff Report,doc 14 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2002-059 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of November, 2002, by the following vote: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: AYES: 3 NOES: 2 ABSENT: 0 ABSTAIN: 0 Guerriero, Mathewson and Olhasso Telesio and Chairman Chiniaeff None None bio Ubnoske, Secretary R:'ff~l C U P',200Z,02-0223 Stop Quick Mini Mart~Staff Report.doc 15 ATTACHMENT NO. 5 DRAFT PLANNING COMMISSION MINUTES (DECEMBER 4, 2002) R:\M C U P~2002~02-0223 Stop Quick Mini Mart\CC Staff Report.c~oc 10 DRAFT EXCERPT FROM THE MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION DECEMBER 4, 2002 (AGENDA ITEM NO. 4 - PLANNING APPLICATION NO. PAO2-0223) 4 Planninq Application No. PA02-0223 A Request for a Findinq of Public Convenience or Necessity and a Minor Conditional Use Permit to upgrade the existinq Type-20 (Off-Sale Beer and Wine) ABC license to a Type 21 (Off-Sale General) license authorizinq the sale of beer, wine and distilled spirits for consumption off the premises where sold located in the Moraqa Plaza Shoppinq Center at 29762 Rancho California Road on the north side of Rancho California Road, between Lyndie Lane and Moraqa Road known as Assessor's Parcel No. 921-310-022, Rolfe Preisendanz, Assistant Planner RECOMMENDATION: 4.1 Adopt a Notice of Exemption for Planning Application No. PA02-0223 (Public Convenience or Necessity and Minor Conditional Use Permit) per the California Environmental Quality Act, Section 15270 (Projects Which Are Disapproved); 4.2 Adopt a resolution entitled: PC RESOLUTION NO. 2002-058 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING A REQUEST FOR A FINDING OF PUBLIC CONVENIENCE OR NECESSITY TO UPGRADE THE CURRENT ALCOHOL BEVERAGE CONTROL (ABC) LICENSE FROM A TYPE 20 (OFF- SALE BEER AND WINE LICENSE) TO A TYPE 21 (OFF- SALE GENERAL LICENSE) LOCATED IN THE MORAGA PLAZA AT 29762 RANCHO CALIFORNIA ROAD ON THE NORTH SIDE OF RANCHO CALIFORNIA ROAD, BETWEEN LYNDIE LANE AND MORAGA ROAD KNOWN AS ASSESSOR'S PARCEL NO. APN 921-310-022. 4.3 Adopt a resolution entitled: PC RESOLUTION NO. 2002-059 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. 02-0223 A MINOR CONDITIONAL USE PERMIT TO UPGRADE THE CURRENT ALCOHOL BEVERAGE CONTROL (ABC) LICENSE FROM A TYPE 20 (OFF-SALE BEER AND WINE LICENSE) TO A TYPE 21 (OFF-SALE GENERAL LICENSE) LOCATED IN THE MORAGA PLAZA AT 29762 RANCHO CALIFORNIA ROAD ON THE NORTH SIDE OF RANCHO CALIFORNIA ROAD, BETVVEEN LYNDIE LANE AND MORAGA ROAD KNOWN AS ASSESSOR'S PARCEL NO. APN 921-310-022. Staff presented the staff report Principal Planner Hazen reviewed the Planning Commission's rationale for continuing this matter from the November 20, 2002 meeting, advising that since there were only four Planning Commissioners present and the support for denial and approval was split, the Planning Commission continued the item to this meeting in hopes of having the full Commission present. For the record, Commissioner Olhasso, who had been absent from the November 20, 2002 meeting, noted that she had reviewed the taped record and the draft minutes regarding this item. The applicant's representative provided an overview of the proposal Dr. Sami Jihad, representing the applicant, provided the following information regarding this particular application: Noted that with approval of this request for a Type 21 license, the number of licenses in this census tract would not increase due to the applicant's intent to cancel the current license if the upgraded license was granted [referencing a letter provided in the agenda material dated November 6, 2002 from the Alcoholic Beverage Control (ABC) Board confirming the intent of the applicant;] · That with respect to the impact of the upgraded license on the community, relayed that there would be no negative impacts, noting that the Police Department relayed no opposition to the upgraded license, that the Temecula Valley Unified School District had written a letter thanking this applicant for continued suppod, that the community offered its support of the upgraded license via the petition with over 500 signatures (per agenda material), and that of the 160 letters sent to neighboring residents, the applicant had received no protests; and That with respect to the applicant's role in the community, that the applicant has offered to install a chain-linked fence across the 1s* Baptist Church's property, has donated to community activities and charitable organizations and schools, has maintained an excellent record with the Police Department with no violations, and R:PianComm/drafl excerptJ120402 2 had been a businessman in Temecula for eight years prior to his two years at the present business location. The public was invited to comment Reverend Larry Fisher, 42101 Moraga Road, confirmed that while the applicant offered to install a fence at the neighboring church use, it would have to traverse through a Southern California Edison right-of-way and would most likely need additional review and approval; presented a box of trash comprised primarily of empty liquor bottles that he had collected in a ten-minute period of time from the wooded bank area proximate to the church; provided photographs of the bank and its proximity to the pre-school as well as pictures of debris on the slope behind the mini-mart including empty alcohol containers; and clarified that his greatest concern was the proximity of children to this use, noting his opposition to the upgrading of this liquor license. Closinq comments were offered Commissioner Guerriero advised that while he had no doubt that the applicant was an excellent businessman in the community, his concern was based on the proliferation of full liquor licenses in the community; and noted that he did not support this particular proposal. Commissioner Telesio relayed that in the eight years of doing business, this owner has had no complaints from the community, the Police Department, the surrounding businesses and has had no violations with respect to the use of his current license; clarified that approval of the applicant's request would not add an additional liquor license to this tract, but would simply expand his license; questioned the equity of every major grocery store in this area receiving the upgraded license when requested while the small businessman was required to go through this process, noting that this businessman was in business in the community for a longer period than several of the larger grocery stores which had the upgraded licenses; opined that the fact that the upgraded license would aid in keeping the convenience store viable was not grounds for denying this request, noting his support of aiding in keeping the small businessman going; noted the comments of the residents expressed at the November 20, 2002 meeting whereby support for this request was relayed; advised that the upgraded license would serve as a convenience for the residents in this area; and relayed that he would support this proposal, querying the rationale for not providing the small businessman the same options as a large big box use. With respect to this business being viable, Commissioner Olhasso opined that the owner would most likely not have purchased the business two years ago if it was not viable; advised that while generally she was on the side of business, in this case she was on the side of the ABC and staff, relaying that she supported staff's recommendation to deny the proposal; with respect to the big box uses obtaining the upgraded liquor licenses, relayed that the trade area associated with the larger uses was greater, noting that the trade area for this store was less than desirable, opining that an upgraded liquor license could create additional negative impacts. It is noted that Commissioner Mathewson arrived at 6:21 P.M. R:PlanComm/draft excerpt/120402 3 For Commissioner Mathewson, Assistant City Attorney Curley and Minute Clerk Hansen summarized the public testimony provided earlier in this hearing on the record, and Commissioner Mathewson reviewed the photographs that had been presented by Reverend Fisher. In response to Commissioner Olhasso's comments, Mr. Jihad clarified that ABC was not opposed to the upgraded license; and noted that this business qualified as a pre-existing legal non-conforming use, that approval for an upgraded license could be granted by the Director of Planning, that the applicant had been willing to come before the Planning Commission regarding this matter, and that the applicant had complied with ABC and staff. Commissioner Mathewson advised that the critical factor regarding this issue was whether the Planning Commission could make a Finding of Public Convenience or Necessity, opining that this application did not meet this criterion. Advising that at the November 20th hearing this particular census tract with the existing licensed uses was discussed, Chairman Chiniaeff relayed that census tracts were arbitrary; noted that the licensed uses in this tract were primarily large grocery stores or restaurants; reiterated that approval of this request would not add an additional license to the community; opined that this project did meet the criteria to qualify for a Finding of Public Convenience, which was echoed by Commissioner Telesio; and confirmed that per conversations with Police Chief Domenoe, the Police Department was not in opposition to the request for an upgraded license at this use. Commissioner Telesio noted that he had visited the site in order to investigate pedestrian activities, advising that he had viewed pedestrians accessing this site; and relayed the past efforts of staff and the Planning Commission to create pedestrian- oriented uses, noting that this request qualified for a Finding of Convenience due to being pedestrian accessible to the neighboring residents. Commissioner Guerriero commented on the dangers for the community associated with a proliferation of licensed uses. MOTION: Commissioner Guerriero moved to approve staff's recommendation, denying this application. The motion was seconded by Commissioner Mathewson and voice vote reflected approval with the exception of Commissioner Telesio and Chairman Chiniaeff who voted n._9o. R:PlanComm/draf~ excerpt/120402 4 ATFACHMENT NO. 6 DRAFT PLANNING COMMISSION MINUTES (NOVEMBER 20, 2002) R:\M C U P~2002\02-0223 Stop Quick Mini Mart\CC Staff Report.doc 11 DRAFT EXCERPT FROM THE MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION NOVEMBER 20, 2002 8 Plannin.q Application No. PA02-0223 A Request for a Findinq of Public Convenience or Necessity and a Minor Conditional Use Permit to upqrade thn existinq Type-20 (Off-Sale Beer and Wine) ABC license to a Type 21 (Off-Sal~ General) license authodzin.q the sale of beer, wine and distilled spirits for consumption off the premises where sold located in the Moraqa Plaza Shoppin.q Center at 29762 Rancho California Road on the north side of Rancho California Road, between Lyndie Lane and Mora.qa Road known as Assessor's Parcel No. 921-310-022, Rolfe Preisendanz, Assistant Planner RECOMMENDATION: 8.1 Adopt a Notice of Exemption for Planning Application No. PA02-0223 (Public Convenience or Necessity and Minor Conditional Use Permit) per the Califomia Environmental Quality Act, Section 15270 (Projects Which Are Disapproved); 8.2 Adopt a resolution entitled: PC RESOLUTION NO. 2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING A REQUEST FOR A FINDING OF PUBLIC CONVENIENCE OR NECESSITY TO UPGRADE THE CURRENT ALCOHOL BEVERAGE CONTROL (ABC) LICENSE FROM A TYPE 20 (OFF- SALE BEER AND WINE LICENSE) TO A TYPE 21 (OFF- SALE GENERAL LICENSE) LOCATED IN THE MORAGA PLAZA AT 29762 RANCHO CALIFORNIA ROAD ON THE NORTH SIDE OF RANCHO CALIFORNIA ROAD, BETWEEN LYNDIE LANE AND MORAGA ROAD KNOWN AS ASSESSOR'S PARCEL NO. APN 92'1-3'10-022. 8.3 Adopt a resolution entitled: PC RESOLUTION NO. 2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. 02-0223 A MINOR CONDITIONAL USE PERMIT TO UPGRADE THE CURRENT ALCOHOL BEVERAGE CONTROL (ABC) LICENSE FROM A TYPE 20 (OFF-SALE BEER AND WINE LICENSE) TO A TYPE 21 (OFF-SALE GENERAL LICENSE) LOCATED IN THE MORAGA PLAZA AT 29762 RANCHO CALIFORNIA ROAD ON THE NORTH SIDE OF RANCHO CALIFORNIA ROAD, BETWEEN LYNDIE LANE AND MORAGA ROAD KNOWN AS ASSESSOR°S PARCEL NO. APN 921-310-022. Staff presented the staff report Assistant Planner Preisendanz provided an overview of the staff report (of record), relaying the rationale for staff recommending denial of this particular request for the finding to upgrade this use's current Alcohol Beverage Control License (ABC) from a Type 20 to a Type 21, noting the following: · That currently per the Department of Alcoholic Beverage Control's (ABC's) data, ten percent (10%) of this use's sales were related to alcohol; That based on ABC's determination there currently exists an over-concentration of licenses within this census tract, noting that while there were 12 Off-Sale Licenses in this census tract, only five should have been permitted (per information from ABC); That due to the data from ABC, staff could not make the finding justifying the upgrade of this current ABC license; That if this request was approved and an upgraded license was issued, the current license would still remain in circulation in that census tract and could be sold (per information obtained from ABC); That on the questionnaire cdteda, which aids in determining whether a use warrants a finding for granting a request for an ABC license, seven out of the ten questions did not meet the criteria (per agenda material); and That if the Planning Commission determined that there was a Finding of Public Convenience or Necessity. then the Minor Conditional Use Permit (CUP) would need to be approved as well, and staff would request that the item be continued in order that the necessary findings, conditions, and resolutions could be prepared. Staff addressed the questions of the Planninq Commission Via overheads, for Chairman Chiniaeff, Assistant Planner Preisendanz specified the data included in the staff report, denoting the existing Type 21 licenses in this census tract, Chairman Chiniaeff concluding that the majority of these particular licenses were at restaurants (many of which were located in the mall) and the big box uses, advising that there were approximately three or four of these licenses for liquor store uses. Assistant Planner Preisendanz clarified that ABC does not distinguish between liquor store licenses and the big box uses' licenses, reiterating that if this license was granted, the current license could be added to the number of licensed uses in this census tract since the license could be sold. The applicant's representative provided an overview of the proposal Dr. Sami Jihad, representing the applicant, provided additional information regarding this issue, relaying the following: · That the process of attempting to upgrade the current ABC license from Type 20 to Type 21 has been frustrating; · Referencing Attachment 9 in the staff report, noted that the Police Department consented to the Finding of Public Convenience; Referencing Attachment 11 (per the agenda material), relayed data that the Finding of Convenience had been met since customers supported the convenience which would be provided by having this use a one-stop shopping place; That although the applicant opined that a Minor CUP was not needed at this location since the Planning Department confirmed that this was a pre-existing legal nonconforming use, the applicant was willing to comply with the conditions associated with the CUP, which wasa permit that could be revoked at the discretion of the Planning Director; That the application had been submitted to the City approximately 7 months ago, relaying the problems the applicant had in receiving a response from staff for a lengthy period; That ABC failed to notify the City of the applicant's intent to cancel the current license if the upgraded license was granted, ergo the approval of the license would not render an additional license in the census tract (referencing a letter dated November 6, 2002, from ABC confirming the applicant's consent to cancel the existing license concurrent with the approval of an upgrade, which was provided to the Planning Commission at the hearing): · That the use had been in business for two years with no violations; · That the current existing licenses were primarily for large box uses; That 160 letters were sent to the neighbors informing them of the applicant's request for an upgraded liquor license, and that as of today not one neighbor had responded. That this use had demonstrated support of the community, and in particular the schools and churches; and · Appealed to the Planning Commission to grant the request for a Finding of Public Convenience warranting the upgraded license (Type 21). The public was invited to comment The following individuals spoke as proponents of the applicant's proposal: Mr. Dereas Roman Ms. Cindie Jackson 42200 Rancho California Road 42105 Del Monte Street The above-mentioned individuals spoke in favor of the proposal for the following reasons: · Opined that this request for an upgraded license should be granted based on the Finding of Public Convenience; and · Emphasized the convenience for the residents to not have to travel to a larger box use to obtain distilled spidts. Rev. Lam/Fisher, 42101 Moraga Road, relayed his opposition to the applicant's proposal, noted the proximity of a church, a day care center, and an elementary school to this use; advised that the church was experiencing problems with individuals consuming alcohol in the wooded area proximate to the church and school; advised that the Sheriff's Posse came out on Saturday, November 16th to survey the area due to recent problems; specified his concern regarding children cutting through this use's property to access the church which could create a dangerous situation unless the cut- through traffic was physically restricted; and urged the Planning Commission to deny the applicant's request for an upgraded liquor license. In response to Rev. Fisher, Chairman Chiniaeff noted that denying this particular request would not prevent individuals from purchasing liquor at this use since at this time they could purchase wine and beer, that if individuals desired to have distilled spirits they could obtain it at alternate big box uses, and that if individuals frequented the wooded area to consumer alcohol proximate to the school and church, this particular applicant's proposal would not impact the problem. Rev. Fisher clarified his concern that easier access to distilled spirits could women the existing problem, exacerbating the danger to children in the area; and concurred with ABC that a license should not be granted to a use within close proximity to a school or church. In response to Commissioner Telesio, Rev. Fisher noted that while the agenda material included data stating that the Police Department offered no opposition to the request, the Sheriff's Posse was patrolling the area on Saturday, November 16th. Assistant Planner Preisendanz commented on the Police Department's response to the applicant's request for an upgraded license. The applicant's representative provided rebuttal Mr. Jihad relayed that he had had previous conversations with Rev. Fisher wherein he had offered to install a fence to prevent pedestrian cut-through traffic from this particular use to the church, noting the applicant's willingness to be conditioned as such; and reiterated that this use has had no violations in the two years it has been in business. The PlanninR Commission offered closin.q comments Noting his consistent opposition to a proliferation of liquor licenses, Commissioner Guerriero noted that alternate larger cities were attempting to reduce the number of liquor licenses due to the proliferation of such licensing; concurred with the data that there was a proliferation of liquor licenses in this census tract; opined that the applicant's request was solely based on the desire to raise retail sales and that having a Type 21 alcohol license would not create convenience due to the proximate accessibility; noted that when the Police Department conducted "Sting Operations" it was this type of business, typically, that was cited for violations; and relayed his opposition to approving this request. Referencing the applicant's comments that this approval would not further worsen the proliferation of such licensed uses, Commissioner Mathewson noted that even the applicant recognized that there was a less than ideal situation with the number of licensed uses in this area; and advised that while he had no doubt that this use was an asset to the community, he could not justify a Finding of Public Convenience in this area, and ergo would not support the request. Relaying that he did not share the views of the Planning Commissioners' previous comments, Commissioner Telesio advised that he was a proponent of a small business improving its business, noting that there appeared to be a bias with respect to the larger businesses being granted upgraded licenses (i.e., the Vons, the Ralph's market stores); noted that while the upgraded license would not serve as a convenience for everyone, it would serve as a convenience for those who desire to purchase alcohol and not travel to the larger uses; advised that since the Police Department offered no opposition to the requirements for an upgraded license there must not be a direct preponderance of evidence of cdme associated with this request; with regard to the trespass issues, recommended that a fence be installed which the applicant was in agreement to; and relayed that the approval of this license would not add to the number of existing licenses. Concurring with Commissioner Telesio, Chairman Chiniaeff noted that the Finding of Convenience could be met due to residents being able to walk to this use, relaying the emphasis in the City on pedestrian travel; advised that while he was opposed to the abuse of alcohol, this was a business that residents frequented; relayed that the numbers associated with the current licenses located in a census tract were arbitrary findings. FAILED MOTION: Commissioner Guerriero moved to close the public hearing; and to approve staff's recommendation for denial of the request for a Finding of Public Convenience or Necessity to upgrade the current Alcohol Beverage License. Commissioner Mathewson seconded the motion and voice vote reflected failure of the R:P~anComrr~dra~ excerpF112002 5 motion due to Commissioner Telesio and Chairman Chiniaeff voting no and the vote being split. Assistant City Attorney Curley clarified that a split vote reflected no action since there was not a majority vote in either direction, i.e., either approval or denial. MOTION: Chairman Chiniaeff moved to continue this item to the December 4th Planning Commission meeting in hopes of having a full Commission present. Commissioner Telesio seconded the motion. (Ultimately this motion passed; see below,) For Commissioner Telesio, Director of Planning Ubnoske and Assistant City Attorney Curley relayed that Commissioner Olhasse would be provided a copy of all the testimony heard at this headng prior to voting on this item, At this time voice vote was taken regarding the motion and voice vote reflected unanimous approval. ATTACHMENT NO. 7 PLANNING COMMISSION STAFF REPORT AND EXHIBITS (DECEMBER 4, 2002) AND PLANNING COMMISSION STAFF REPORT (NOVEMBER 20, 2002) R:\M C U P~2002\02-0223 Stop Quick Mini Mart\CC Staff Report.dcc 12 CITY OFTEMECULA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM ORI$1NAL TO: FROM: DATE: SUBJECT: Plan nin{] Commisj~ ~,./ Debbie Ubnoskefqgirector of Planning December 4, 2002 Planning Application No. 02-0223 On November 20, 2002, the Planning Commission considered Planning Application 02-0223 a request for a finding of Public Convenience or Necessity and a Minor Conditional Use Permit to upgrade the existing Type-20 (Off Sale Beer and Wine) ABC license to a Type 21 (Off Sale General) license for the Stop Quick Mini Mart located in the Moraga Plaza Shopping Center at 29762 Rancho California Road on the north side of Rancho California Road, between Lyndie Lane and Moraga Road known as Assessor's Parcel No. 921-310- 022. After hearing the staff report and public comments the Planning Commission continued this item to the December 4, 2002 Planning Commission Meeting due to a split vote. Draft minutes for that meeting are not available at the time of this writing, however Commissioner OIhasso was informed that she could listen to the tape in order to vote on this item. Attachments: Letter from the Temecula Valley Unified School District dated November 12, 2002 - Blue Page 2 Letter from the Department of Alcohol Beverage Control, November 6, 2002 - Blue Page 3 PC Hearing Staff Report November 20, 2002 - Blue Page 4 R:~d C U P~2002\02-0223 Stop Quick Mini Mart\Continuance Memo PC.doc 1 ATTACHMENT NO. 1 LETTER FROM THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT R:~/I C U P~2002\02-0223 Stop Quick Mini Mart\Continuance Memo PC.dcc 2 "% I ECULA VALLEY D~ar Jalal Zora, BOARD OF EDUCATION Please usc this correspondence as my profound thanks to you and the staff of Stop Quick Mini Mart (Temecula) for your continued support of Temecula Elementary School PTA. Your donation for our PTA was most gracious and I would like to take this.moment to thank you sincerely. I am grateful for caring community leaders, like yourselves, that take thc time and effort to assist with community meetings/projects on such short notice. This is a remarkable demonstration of your commitment and generosity to the educators, staff, administrators, parents and students of Temecula Elementary School. Thank you once again for your untiring support of our past, present and future endeavors. Sincerely, Amy M. Jones / Sharon Reed Membership Chairpersons Temecula Elementary School PTA 31350 Rancho Vlet~ Road / Temecula, CA 92592 I (gO9) 676.2661 ATrACHMENT NO. 2 LE'I-I'ER FROM DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL BOARD R:~M C U P~2002\02-0223 Stop Quick Mini Mart\Continuance Memo PC.dcc 3 STATE OF CAUFORNiA -- BUSINESS, TRANSPOF~ATtON AND HOUSING AGENCY GRAY DAVIS Governor DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL 3737 Main Street, Suite 900 Riverside, CA 92501 (909) 782-4400 November 6, 2002 Dr. Sami Jihad c/o Stop Quick Mini Mart 29762 Rancho California Rd. Temecula, CA 92592 Re: Stop Quick Mini Mart 29762 Rancho California Rd., Teme~ula, CA 92591 This letter is in response to your request that the following information concerning the pending application for the above-referenced address be documented. 1. This department has received no protests on this pending application for licensing. 2. The applicants have requested that their existing type 20 (beer & wine license) be canceled upon the issuance of the pending type 21 (full liquor license). If the pending upgrade license is approved, the existing license will be canceled concurrently with the issuance of the new type 21 upgrade license. If you have any questions, please feel free to contact me at (909) 782-4397. ~ ~du~?ardhoff~e ' A3-1'ACHMENT NO. 3 PC HEARING STAFF REPORT NOVEMBER 20, 2002 R:\M C U P~2002\02-0223 Stop Quick Mini Mart\Continuance Memo PC.doc 4 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION November 20, 2002 Planning Application No. 02-0223 (Finding of Public Convenience or Necessity and Minor Conditional Use Permit) Prepared By: Rolfe Preisendanz, Assistant Planner RECOMMENDATION: The Community Development Department - Planning Division Staff recommends the Planning Commission: ADOPT a Notice of Exemption for Planning Application No. 02- 0223 (Public Convenience or Necessity and Minor Conditional Use Permit) per the California Environmental Quality Act, Section 15270 (Projects Which Are Disapproved). 2. ADOPT a resolution entitled: PC RESOLUTION NO. 2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING A REQUEST FOR A FINDING OF PUBLIC CONVENIENCE OR NECESSITY TO UPGRADE THE CURRENT ALCOHOL BEVERAGE CONTROL (ABC) LICENSE FROM A TYPE 20 (OFF SALE BEER AND WINE LICENSE) TO A TYPE 21 (OFF-SALE GENERAL LICENSE) LOCATED IN THE MORAGA PLAZA AT 29762 RANCHO CALIFORNIA ROAD ON THE NORTH SIDE OF RANCHO CALIFORNIA ROAD, BETWEEN LYNDIE LANE AND MORAGA ROAD KNOWN AS ASSESSOR'S PARCEL NO. APN 921-310- 022. 3. ADOPT a resolution entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. 02-0223 A MINOR CONDITIONAL USE PERMIT TO UPGRADE THE CURRENT ALCOHOL BEVERAGE CONTROL (ABC) LICENSE FROM A TYPE 20 (OFF SALE BEER AND WINE LICENSE) TO A TYPE 21 (OFF-SALE GENERAL LICENSE) LOCATED IN THE MORAGA PLAZA AT 29762 RANCHO CALIFORNIA ROAD ON THE NORTH SIDE OF RANCHO CALIFORNIA ROAD, BETWEEN LYNDIE LANE AND MORAGA ROAD KNOWN AS ASSESSOR'S PARCEL NO. APN 921-310- 022. R:'WI C U P~2002\02-0223 Stop Quick Mini Mart\Staff Report.doc 1 APPLICATION INFORMATION APPLICANT Jalal Zora Stop Quick Mini Mart 29762 Rancho California Road Temecula CA 92591 OWNER: Jalal Zora PROPOSAL: A request for a finding of Public Convenience or Necessity and a Minor Conditional Use Permit to upgrade the existing Type-20 (Off Sale Beer and Wine) ABC license to a Type 21 (Off Sale General) license authorizing the sale of beer, wine and distilled spirits for consumption off the premises where sold. LOCATION: Located in the Moraga Plaza Shopping Center at 29762 Rancho California Road on the north side of Rancho California Road, between Lyndie Lane and Moraga Road known as Assessor's Parcel No. 921-310-022. GENERAL PLAN DESIGNATION: (CC) Community Commercial EXISTING ZONING: (CC) Community Commercial SURROUNDING ZONING: North: South: East: West: (H) High Density Residential (PO) Professional Office CC (Community Commercial) CC (Community Commercial) EXISTING LAND USE: Retail Commercial SURROUNDING LANDUSES: North: South: East: West: Kindercare Day Care Center Vacant land Automobile repair service Automobile service station BACKGROUND: On April 30, 2002 the applicant Jalal Zora submitted ABC Form per Section 23958.4 for Off Sale Beer and Public Premises Licenses to the City of Temecula Police Department. The Police Department signed the application pursuant to their own process. Subsequently, Planning Application PA02-0223, a request for a finding of Public Convenience or Necessity and a Minor Conditional Use Permit was submitted to the Planning Department on May 2, 2002. On August 2, 2002 staff notified the applicant that in order for staff to make a recommendation of approval or denial they would need to file an application with ABC. On August 13, 2002 the applicant submitted an application to the Department of Alcohol Beverage Control Board, San Diego District Office. Pursuant to the requirements of ABC, the application was transferred to the Riverside District Office on August 16, 2002. On September 11, 2002, ABC notified staff that there is an over concentration of "off-sale" licenses in the subject Census Tract number R:\M C U P~002\02-0223 Stop Quick Mini Mad~Staff Report.doc 2 0432.16. After numerous discussions with ABC, staff notified the applicant's representative, Dr. Jihad, on October 10, 2002 that staff could not make the findings to support a further worsening of the over concentration of "off-sale" alcohol licenses in this Census Tract and would be recommending denial to the Planning Commission. Following, the applicant's representative, Dr Sami Jihad communicated to staff that he would like to meet with the Director of Planning prior to scheduling the project for hearing. On October 24, 2002, subsequent to that meeting, staff informed the applicant that Planning Application 02-0223 would be scheduled for Planning Commission on November 20, 2002. On October 31, 2002, ABC notified staff that the applicant had requested that their existing Type 20 beer and wine license be cancelled when the new Type 21 (Off Sale General license) was issued. PROJECT DESCRIPTION: Planning Application 02-0223 is a request for a finding of Public Convenience or Necessity and a Minor Conditional Use Permit to upgrade the existing Type-20 (Off Sale Beer and Wine) ABC license to a Type 21 (Off Sale General) license authorizing the sale of beer, wine and distilled spirits for consumption off the premises where sold. Stop Quick Mini Mart is an existing convenience store located in the Moraga Plaza Shopping Center. The business currently offers for sale food items, beer and wine typically found in a grocery store and convenience market. According to ABC-257 (Planned Operation) 10 per cent of the total sales will be alcoholic beverages. The hours of operation are as follows: 7:00 AM to 10:00 PM Monday through Thursday 7:00 AM to 11:00 PM Friday and Saturday 8:00 AM to 9:00 PM Sundays. ANALYSIS: Based on a determination made by the Department of Alcohol Beverage Control (ABC) there is currently an over concentration of "off-sale" licenses within the subject Census Tract No. 0432.16 in which the applicant's business, Stop Quick Mini-Mart is located. ABC has determined that there are currently 12 "off sale" licenses in the subject census tract with only 5 licenses allowed. Considering this determination, staff cannot make a finding of public convenience or necessity in regards to the request to upgrade the current Type-20 (Off-Sale Beer and Wine license). The Planning Commission has developed criteria, which must be met in order to justify a finding of Public Convenience or Necessity. These criteria and staff's responses are as follows: Criteria to Justify Makinq a Findinq of Public Convenience or Necessity O,- Does the proposed establishment have any unique features, which are not found in other similar uses in the community (i.e. types of games, types of food, other special services)? A: The application does not meet this criteria. Stop Quick Mini-Mart offers packaged, refrigerated and frozen foods and beer and wine typically found in most convenience stores throughout Southwest Riverside County. Therefore, their business does not fill a market niche not currently occupied by other license holders in the City. R:'~.I C U P~2002~02-0223 Stop Quick Mini Mart\Staff Report.dcc 3 O.- Q: A: A: Q; O,- Q: A: Q: A: Q: Does the proposed establishment cater to an under-served population (i.e. patrons of a different socio-economic class)? The application does not meet this criteria. Stop Quick Mini Mart is expected to serve all socio-economic classes. Products sold by Stop Quick Mini Mart offer no specialty type items such as are found in health food stores and specialty stores. Stop Quick Mini Mart offers food items typically found in grocery stores and other convenience markets. Would the proposed mode of operation of the proposed establishment (i.e. sales in conjunction with gasoline sales, tours, etc.) be unique or differ from that of other establishments in the area? The application does not meet this criteria. Sales are anticipated to be typical of market operations. Are there any geographical boundaries (i.e. rivers, hillsides) or traffic barriers (i.e. freeways, major roads, major intersections) separating the proposed establishment from other establishments? The application does not meet this criteria. The shopping center, in which Stop Quick Mini Mart is located, is in an area, which is fully urbanized and is bordered by major roadways such as Rancho California Road to the south and Lyndie Lane to the west. Is the proposed establishment located in an area where there is a significant influx-of population during certain seasonal periods? The application does not meet this criteria. Population in the area is expected to be seasonally stable, but increasing as the adjacent multi-family and single-family residential areas continue to attract development. Is there a proliferation of licensed establishments within the Census Tract of the proposed establishment? The application will worsen the proliferation. According to the Department of Alcohol Beverage Control there is currently an over concentration of (7) off-sale licenses within the subject Census Tract (0432.16). Specifically ABC has determined there are currently (12) off-sale licenses with only 5 allowed. Are there any sensitive uses (i.e., schools, parks, hospitals, churches) in close proximity (500 feet) to the proposed establishment? The application does not comply with mandatory spacing requirement for sensitive uses, but is a pre-existing legal non-conforming use. Would the proposed establishment interfere with these sensitive uses? The application meets this criteria. The Department of Alcohol Beverage Control has concluded that the proposed use would not interfere with the Kindercare Day Care Center or the Church facility. Would the proposed esta. blishment interfere with the quiet enjoyment of their property by R:\M C U P~2002\02-O223 Stop Quick Mini Mart\Staff Report.doc 4 the residents of the area? A: Q; The application meets this criteria. It is unlikely that the license upgrade proposed for Stop Quick Mini-market will interfere with residents east and north of the area. Residences are beyond 500 feet of the shopping center in which the licensee currently operates. Will the proposed establishment add to law enforcement problems in the area? A; The application can comply with this criteria. The City of Temecula Police Department has reviewed the application for an upgrade from a Type 20 to a Type 21 license and approved the change on April 30, 2002. (See attached Exhibit) SUMMARY: In summary, out of ten (10) questions analyzed by staff seven (7) do not meet the criteria and three (3) do. Unless the findings for Public Convenience or Necessity can be made, the Planning Commission must also deny the associated Minor Conditional Use Permit. The following findings for a Minor Conditional Use Permit cannot not be made: Minor Conditional Use Permit (Chapter 17.04.010.E.1) The proposed conditional use is not consistent with the general plan and the development code. The project has been reviewed for consistency with these documents and staff has determined that the project is not consistent with the goals and policies contained within the general plan and regulations within the Development Code. The Department Alcoholic Beverage Control has determined that there is an over concentration of off- sale licenses in the subject Census Tract Number 0432. 16. There are currently 12 off sale licenses in the Census Tract with only 5 allowed. The proposed minor conditional use is not compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed minor conditional use will not adversely affect the adjacent uses, buildings or structures. Although the existing mini market is consistent with the adjacent uses, it is not compatible in the sense that it is an over concentration of businesses with current off- sale licenses. = The nature of the proposed minor conditional use is detrimental to the health, safety and general welfare of the community. The project has been determined to be detrimental to the health, safety and general we/fare of the community in that the project would aggravate an already over concentrated situation. The decision to deny the application for a finding of Public Convenience or Necessity and a minor conditional use permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. R:\M C U P\2002~02-0223 Stop Quick Mini Mart\Staff Report.doc 5 This application has been brought before the Planning Commission at a Public Hearing where members of the public have had an opportunity to be heard on this matter before the Commission renders her/his decision. RECOMMENDATION: Planning staff recommends that the Planning Commission deny Planning Application 02-0223 a request to make a finding of Public Convenience or Necessity and a Minor Conditional Use Permit based on the information provided by the Alcohol Beverage Control Board and the findings of staff. If the Planning Commission finds that there is a Public Convenience or Necessity, then the Minor Conditional Use Permit must be approved as well. In this case, staff requests that the application be continued to the December 4, 2002 Planning Commission in order to prepare the necessary findings, conditions and resolutions. ATTACHMENTS: 1. PC Resolution of Denial for the request of Public Convenience or Necessity - Blue Page 7 2. PC Resolution of Denial for a Minor Conditional Use Permit - Blue Page 12 3. Exhibits - Blue Page 16 A. Vicinity Map 4. Letter from ABC License Action Request - Blue Page 18 5. Letter from Applicant's Representative - Blue Page 19 6. Declaration of Service ABC - Blue Page 20 7. Letter from ABC regarding over concentration - Blue Page 21 8. Application to ABC in San Diego - Blue Page 22 9. ABC Form per Section 23958.4 - Blue Page 23 10. Letter of Justification - Blue Page 24 11. Letter requesting finding of Public Convenience or Necessity with attached signed petition - Blue Page 25 12. Letter requesting approval of Conditional Use Permit - Blue Page 26 13. Letter requesting approval of Zoning Affidavit - Blue Page 27 R:~vl C U P~2002\02-0223 Stop Quick Mini Mart~Staff Report.dcc 6 ATTACHMENT NO. 1 PLANNING COMMISSION RESOLUTION OF DENIAL 2002- FOR A FINDING OF PUBLIC CONVENIENCE OR NECESSITY R:\M C U P~2002~02-0223 Stop Quick Mini Mart\Staff Report.doc 7 PC RESOLUTION NO. 2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING A REQUEST FOR A FINDING OF PUBLIC CONVENIENCE OR NECESSITY TO UPGRADE THE CURRENT ALCOHOL BEVERAGE CONTROL (ABC) LICENSE FROM A TYPE 20 {OFF SALE BEER AND WINE LICENSE) TO A TYPE 21 (OFF-SALE GENERAL LICENSE) LOCATED IN THE MORAGA PLAZA AT 29762 RANCHO CALIFORNIA ROAD ON THE NORTH SIDE OF RANCHO CALIFORNIA ROAD, BETWEEN LYNDIE LANE AND MORAGA ROAD KNOWN AS ASSESSOR'S PARCEL NO. APN 921-310- 022. WHEREAS, Jalal Zora, filed a request for a Finding of Public Convenience and Necessity, in accordance with the City of Temecula General Plan and Development Code; and WHEREAS, the request for a' Finding of Public Convenience and Necessity was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; and WHEREAS, the application was processed in accordance with the California Environmental Quality Act; and WHEREAS, the Planning Commission held a duly noticed public hearing on November 20, 2002 to consider the application; and WHEREAS, the Planning Commission considered the request for a Finding of Public Convenience and Necessity at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; and WHEREAS, at the conclusion of the Planning Commission and after due consideration of the staff report and public testimony, the Planning Commission denied the request for a Finding Public Convenience or Necessity; and NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. The Planning Commission, in denying the request for a Finding Public Convenience or Necessity hereby makes the following findings: Criteria to Justify Makin,q a Findinq of Public Convenience or Necessity Q: Does the proposed establishment have any unique features, which are not found in other similar uses in the community (i.e. types of games, types of food, other special services)? R:\M C U P~2002~02-0223 Stop Quick Mini Mart\Staff Report.doc 8 A' Q; Q: A; A: Q: O.- Q: A: The application does not meet this criteria. Stop Quick Mini-Mad offers packaged, refrigerated and frozen foods and beer and wine typically found in most convenience stores throughout Southwest Riverside County. Therefore, their business does not fill a market niche not currently occupied by other license holders in the City. Does the proposed establishment cater to an under-served population (i.e. patrons of a different socio-economic c/ass)? The application does not meet this criteria. Stop Quick Mini Mart is expected to serve all socio-economic classes. Products sold by Stop Quick Mini Mart offer no specialty type items such as are found in health food stores and specialty stores. Stop Quick Mini Mart offers food items typically found in grocery stores and other convenience markets. Would the proposed mode of operation of the proposed establishment (i.e. sales in conjunction with gasoline sales, tours, etc.) be unique or differ from that of other establishments in the area? The application does not meet this criteria. Sales are anticipated to be typical of market operations. Are there any geographical boundaries (i.e. rivers, hillsides) or traffic barriers (i.e. freeways, major roads, major intersections) separating the proposed establishment from other establishments? The application does not meet this criteria. The shopping center, in which Stop Quick Mini Mad is located, is in an area, which is fully urbanized and is bordered by major roadways such as Rancho California Road to the south and Lyndie Lane to the west. Is the proposed establishment located in an area where there is a significant influx of population during certain seasonal periods? The application does not meet this criteria. Population in the area is expected to be seasonally stable, but increasing as the adjacent multi-family and single-family residential areas continue to attract development. Is there a proliferation of licensed establishments within the Census Tract of the proposed establishment? The application will worsen the proliferation. According to the Depadment of Alcohol Beverage Control there is currently an over concentration of (7) off-sale licenses within the subject Census Tract (0432.16). Specifically ABC has determined there are currently (12) off-sale licenses with only 5 allowed. Are there any sensitive uses (i.e., schools, parks, hospitals, churches) in close proximity (500 feet) to the proposed establishment? The application does not comply with mandatory spacing requirement for sensitive uses, but is a pre-existing legal non-conforming use. Would the proposed establishment interfere with these sensitive uses? R:~M C U P~002~02-0223 Stop Quick Mini Marr~Staff Repori.doc 9 A: The application meets this criteria. The Department of Alcohol Beverage Control has concluded that the proposed use would not interfere with the Kindemare Day Care Center or the Church facility. Q: Would the proposed establishment interfere with the quiet enjoyment of their property by the residents of the area? A: The application meets this criteria. It is unlikely that the license upgrade proposed for Stop Quick Mini-market will intertere with residents east and north of the area. Residences are beyond 500 feet of the shopping center in which the licensee currently operates. Q: Will the proposed establishment add to law enforcement problems in the area? A: The application can comply with this criteria. The City of Temecula Police Department has reviewed the application for an upgrade from a Type 20 to a Type 21 license and approved the change on April 30, 2002. (See attached Exhibit) Section3. Environmental Compliance. A Notice of Exemption for Planning Application No. 02-0223 was made per the California Environmental Quality Act Guidelines, Section 15270 (Projects Which Are DisapprovecO. This section applies when a public agency rejects or disapproves the proposed project Section4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of November 2002. ATTEST: Dennis Chiniaeff, Chairperson Debbie Ubnoske, Secretary {SEAL} R:~v~ C U P~2002~02-0223 Stop Quick Mini Mart~Staff Report.doc 10 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecuia Planning Commission, do hereby certify that PC Resolution No. 2002- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of November, 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:~M C U P~.002\02-0223 Stop Quick Mini Mart\Staff Report.doc 11 A3'FACHMENT NO. 2 PLANNING COMMISSION RESOLUTION OF DENIAL 2002- FOR A MINOR CONDITIONAL USE PERMIT R:~M C U P~2002~02-0223 Stop Quick Mini Mart\Staff Report.doc t2 PC RESOLUTION NO. 2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. 02-0223 A MINOR CONDITIONAL USE PERMIT TO UPGRADE THE CURRENT ALCOHOL BEVERAGE CONTROL (ABC) LICENSE FROM A TYPE 20 (OFF SALE BEER AND WINE LICENSE) TO A TYPE 21 (OFF-SALE GENERAL LICENSE) LOCATED IN THE MORAGA PLAZA AT 29762 RANCHO CALIFORNIA ROAD ON THE NORTH SIDE OF RANCHO CALIFORNIA ROAD, BETWEEN LYNDIE LANE AND MORAGA ROAD KNOWN AS ASSESSOR'S PARCEL NO. APN 921-310- 022. WHEREAS, Jalal Zora, filed Planning Application No. 02-0223, in accordance with the City of Temecula General Plan and Development Code; and WHEREAS, Planning Application No.02-0223 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; and WHEREAS, the application was processed in accordance with the California Environmental Quality Act; and WHEREAS, the Planning Commission held a duly noticed public hearing on November 20, 2002 to consider the application; and WHEREAS, the Planning Commission considered Planning Application 02-0223 at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; and WHEREAS, at the conclusion of the Planning Commission and after due consideration of the staff report and public testimony, the Planning Commission denied the request for a Minor Conditional Use Permit; and NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. The Planning Commission, in denying the request for a Finding Public Convenience and Necessity hereby makes the following findings: The proposed conditional use is not consistent with the general plan and the development code. The project has been reviewed for consistency with these documents and staff has determined that the project is not consistent with the goals and policies contained within the general plan and regulations within the Development Code. The Department Alcoholic Beverage Control has determined that there is an over concentration of off- R:~/I C U P~2002~02-0223 Stop Quick Mini Ma~Staff Report.doc 13 sale licenses in the subject Census Tract Number 0432.16. There are currently 12 off sale licenses in the Census Tract with only $ allowed. The proposed minor conditional use is not compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed minor conditional use will not adversely affect the adjacent uses, buildings or structures. Although the existing mini market is consistent with the adjacent uses, it is not compatible in the sense that it is an over concentration of businesses with current off- sale licenses. The nature of the proposed minor conditional use is detrimental to the health, safety and general welfare of the community. The project has been determined to be detrimental to the health, safety and general welfare of the community in that the project would aggravate an already over concentrated situation. The decision to deny the application for a finding of Public Convenience or Necessity and a minor conditional use permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. This application has been brought before the Planning Commission at a Public Hearing where members of the public have had an opportunity to be heard on this matter before the Commission renders her/his decision. Section3. Environmental Compliance. A Notice of Exemption for Planning Application No. 02-0223 was made per the California Environmental Quality Act Guidelines, Section 15270 (Projects Which Are Disapproved). This section applies when a public agency rejects or disapproves the proposed project Section4. PASSED, APPROVED AND ADOPTED by the City of Temecuia Planning Commission this 20th day of November 2002. ATTEST: Dennis Chiniaeff, Chairperson Debbie Ubnoske, Secretary {SEAL} R:~M C U P~002~02-0223 Stop Quick Mini Mart~Staff Report.doc 14 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2002- was duly and regularly adopted by the Planning Commission of the City of Temecula at a r~gular meeting thereof held on the 20th day of November, 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:~vl C U P~2002\02-0223 Stop Quick Mini Mart\Staff Report.doc 15 ATTACHMENT NO. 3 EXHIBITS R:~'M C U P~002~02-0223 Stop Quick Mini Mart~Staff Repo[t.doc 16 CITY OFTEMECULA PLANNING APPLICATION NO. PA02-0223 (Public Convenience or Necessity and Minor Conditional Use Permit) EXHIBIT A PLANNING COMMISSION DATE -November 20, 2002 VICINITY MAP R:~,I C U P~?.002~02-0223 Stop Quick Mini Mart,Staff Report.doc A'I-rACHMENT NO. 4 LETrER FROM ABC LICENSE ACTION REQUEST R:'.M C U 1:~?.002~02-0223 Stop Quick Mini Mart\Staff Report,doc 18 BCT-31-2~02 Depalt~ent o~ Alcoholic Beverage Control Rive~de.Dis'dct Ofr.~ · 3737 Main S~eet, Suite goo Rivemide, CA 92501 Phone: 909-782-44oo Fax: 909-781-0531 ABC RIVERSIDE ~y~ :--: 909 ?810531 P.01 .. Siate of California ' ' GRAY OAVt$,.Gove~Or Business, Tranaportation & Housing Agency MARIA CONTRERAS-$WEET, Secretary FAX TRANS'MISSION Total Number of Pages :~ (including this cover sheet) Orlglnah F-~To follow by regular mail [~]Will not follow To: Dabble U'bnosk~' Date: 10/31/02 Time: Firm/Office: Temecula Plan~ing Fax: .694-647'/ From: II, aura Card~ouse Phone: 909-782-4357 Subject: peea]~_~ appUcafion for a~,~ke!;c beveral~e ~e~.?.~ at Stop Quick ~ Mart CommentS: Per our phone conversation of today, concerning the application for 29762 Rancho California Rd., I am sending with this cover a copy of our form ABC-231 (License Action Request). At time of application with this department, the Zora's signed this form requesting that their existing beer & wine license at the above premises be cancelled when thc new type 21 (full liquor license) issues. $o, if they did gain approval for the upgrade lieanse, and the existing license was cancelled, there would be no new license sdded to the census tract as a result of the upgrade & cancellation. However, the above obviously has no effect on the current number of licenses in the census tract which have resulted in an over-concentration of licenses. If you need anything further, please give me a call. NOTICE This communication Is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. if the reader of this message is not the intended recipient, you ere hereby notified that ~ny dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication In erro¢, please notify us Immediately by telephone, and return me odginal message to us et the above address. ABC-?S (NEW 2/01) "Be Energy Efficient" RECEZVED: 10/31/02 5:24PM; - 0CT-31-2~2 16:1~9 ~ RIUERSIDE 9{~:J ?B10531 P.02 Department of Alcoholic Beverage Control State of California ~ ECENSE ACTION REQUEST ~ad instntction~ on re,erie before completing. .... --S'g~~ r Rive~-~id, N° ....... SEC'IION 1 __ ZORA, .Jmlal.Odish ~ .q~na Issa ...... &"o~Na 6U~NE$$ ~ (OB~ Stop Quick Mini Mart. ....... 5'P"~s~s2~2 Rancho California Rd, Temecula 92591 SECTION 2 CANCELLATION "- ' ' * I understand my license cannot be reactivated or I voluntarily cancel my licenSe because [ am no longer in business. reinstated. ' -' -~,mmediately ~Uponlssuanceof t~/ ~-~f o~ ~Er~[~Other:- SuBBENDER - Rule 65 .. . SECTION 3 I voluntarily surrender my lic~n;~ for a perlod 'of not more than one year. i imcnd to LJTransler [--~ Reactivate the license. I understand That (a) the license must be renewed at thc time ~enewal fees are due or the license will bc automatically canceled; (b) thc Dcpa'tmeo[ will proceed to cancel my license after one year if not Iransf~red or reactivated; and (c) ! must report any change in my mailing address to the Dcparttoent. . !'q mmediately [.--]Upon issuance et I iSurrender by .'"-]Premises abandoned · ,.. O.e. partment . . SECTION 4 suBRENDER OF PRIVILEGES FOR A SPECIAL EVENT ..... ~- ~1~ ROOM O~ AREA WHERE PRJVJL~S ~P,~ TO BE SURRENDERED SECTION 5 BEQUEST FOR RETURN OF SURRENDERED MCENSE l reque.~t thc return of Ibc snn-;ndc~ed ]iceas~'~escribed above. [ decla[c undcr penalty of perjur,j that there has been no change in owncrsbJp of the licensed business, and thc premises possess lhe same qualifications [equircd I~r the origina] issuance of the license. ABC USE ONLY !--~Letter attached requesting surrender, cancellation er return i'-~Accusation pending (SendcopyofABC.231 forcancellatlonstoHQH&Lifaccusa~ionpend/ng.) .~ecdon 2: Original to HQ tic; copy to Districtfile Section 3: Original to HQ tic: copy to District~il¢; copy to su~pens¢~le Section 4: Original to D~srricr fil¢ Section 5: Original + 1 copy to HQ tic; copy re D~strict~le AB0-231 (4199) ATi'ACHMENT NO. 5 LETI'ER FROM APPLICANT'S REPRESENTATIVE EXPLAINING CHRONOLOGICAL EVENTS R:\M C U P~2002\02-0223 Stop Quick Mini Mart\Staff Report.doc 19 .STOp QUICK MINI MART 29762 Rancho California Road, Temecula, CA 92591 Tel. (909) 699-7968 October 17, 2002 Ms. Debbie Ubnoske Director of Planning City of Temecula 43200 Business Park Drive Temeeula, CA 92589-9033 Dear Ms. Ubnoske, Re: Plannin~ Application PA02-02~ I do sincerely appreciate you returning my phone call and leaving me a message on my answering machine. As reqt/~sted, I am writing this letter on behalf of Mr. Zora to put everything in writing for your perusal, consideration and decision. I look forward to meeting with you once you have gone over the material I am submitting to yott Before providing you with the pertinent information, I would like to stress that the upgrading of Stop Quick Mini Mart present type 20 off-sale liceuse to type 21 off-sale license will not increase the number of off-sale licenses in the present ceusus tract. It is a form of trade off. The total of 12 off-sale licenses according to ABC report (copy attaebed) will remain the same. Also most of type 21 licenses totaling six have been awarded to major companies such as Vous, Costco, Albertsous, MatabInc.and Food 4 Less. There are no liquor stores in the Morago shopping center where Stop Quick Mini Mart is located. Herewith is the information pertaining to the above captioned planning application PA02-0223 and in the chronological order of dates. My initial contact with the Planning Dept. was on April 16, 2002 when I requested Mike McCoy to sign ABC form 255 (copy attached). He advised me that this should be approved and signed by Mr. Don Hazen. On April 18, 2002, I met with Mr. Hazen and requested him to sign form 255, since it is a non-conforming use for a lack of CUP. He advised that Mr. Zora should go through the process by submitting a planning application for a minor conditional use permit. This was mainly to establish a CUP for the location of Stop Quick Mart. I followed his advice and acted accordingly. On April 26, 2002, the planning application was submitted together with five site plans, the ~eqnired fees, and a letter dated April 26, 2002 (copy attached) addressed to you regarding the CUP, and cusomers' necessity and convenience. I was told that since this is a minor CUP, the Planning Director could approve it. On April 30, 2002, I contacted Temecula Police Dept. to approve and sign the form per section 23958,4 (copy attached) for public convenience or necessity. Officer Jim Domenoe signed the form. A copy of this signed form was duly submitted to the Planning Dept. for record. High crime areas are among the concerns of the Police. Momgo shopping center where Stop Quick Mart is located is not a high crime area~ While awaiting the processing of the planning application for a CLIP, Mr. Zora was searching for typ~ 21 license within thc Riverside County to have it transferred to Stop Quick Mart. On July 10, 2002, tho escrow was oponed with ABC Escrow Company for a purchase and tranffet of type 21 license. Copy of the escrow was sent to the Planning Dept. Consequunfly, wv kept the Planning Dept. informed of our actions. On August 2, 2002, Mr. Hazen wrote a letter (copy attached) which is self-explanatory . advising Mr. Zorn that in essence ABC Riverside would need to make the ultimate finding of concentration levels in the census tract in which his business is locater[ Since April 26, 2002 to August 2, 2002 no action was taken by the Planning Dept. to process Mr. Zom's planning application for a minor CUP despite repeated phone calls. On August 26, 2002, Mr. Zorn had an appointment with ABC Riverside for the purpose of processing his ABC application for a tr~ns~o~ liceuse. In order to save time, we were able to have an earlier appointment on/~gnst 13, 2002 with ABC San Diego. Since ABC is a State Agency, applicafious can be processed through any of its respective offices statewide. ABC San Diego accepted the application and in turn forwarded it to ABC Riverside for appropriate action and-follow-up: Planning Staff were duly informed and were kept abreast of all actious taken. ,, On October 10, 2002, Mr. Preisendanz wrote a letter to Mr. Zorn (copy attached), which is self-explanatory advising him in essence that staff will be recommending denial of his application to the Planning Commission. This was based on the report (copy attached) sent by Ms. Gardhouse of ABC Rivoe~l.e to Mr. Hazen. Comments& Rema ks . d~Ul//4~ 1. The upgrading of the present o -sale license to type 21 off. sale license will not add another license to th~present 12 off-sale licenses in the ceusus tract. The numbe.r w:[l,re ~mam. the ~_s~..sin~ this will be an upgrade. I spoke to ABC Riverside supermsor ~/ts. t~art~ra Hofithly(tel. (909) 7824400~ who con~-,,~ *,~ ,~ *~-, ,~:~ will '- .... · ' '-'""" "~ '"" ""~ ~ ve an upgraae ana not adding another license and that there should be no problem with that. ABC Riverside investigator Ms. Laura Gardhouse also confirmed that she has no problem with this upgrade. Moreover, the type 21 liceuse being purchased is being transferred within the jurisdiction of the Riverside County. 2. I regretfully had to disagree with Mr. Preisendanz second paragraph of his letter of October 10, 2002, which states, "Staff can not make the findings to support a further worsening of the over concentration of alcohol outlets in the census tract, and will be recommending denial of the application to the Planning Commission on November 6, 2002." Again this is not an addition but an upgrade. Mr. Zora has already an off-sale type 20 licnese at Stop Quick Mini Mart. His application is for a minor CUP to upgrade and not for an addition of a new license 3. Logically but not critic/zing, it should not take almost seven months to process an application for a minor CUP (April 26 thru Nov.6, 2002). As a former four year Planning Commissioner for the City of El Cajon, I do understand procedure. Mr. Zora and I have promptly complied with everything your staffhad requested. 4. Mr. Zora h~ over 500-signed petition supporting his application for an upgrade to type 21 off-sale license. Also loyal customers who have been urging him to apply for this license will be mom than willing to show the/r support in person~ The signed petitions are enclosed herewith. 5. About 160 letters were sent to neighboring residences per attached copy of declaration of service by mail. ABC posting was posted on the front window of Stop Quick Mini Mart for 40 days for public view to voice their protests. As of to-date, no .one had protested Mr. Zom's application for an upgrade of his present license. 6. Mr. Zorn had complied with all the of the ABC and Planning Dept. requirements. I find it rather hard at this juncture that Mr. Zom's application is being recommended for denial to the Planning Commission. This is especially tree when I was told'that the approval for a minor CUP should not take more than four tO six weeks to process. Your intervention as well as your input in this matter will be greatly appreCiat~ I have taken the time and effort to submit to you in details all the relevant documents pertaining to Mr. Zom's request for a minor CUP. I shall be more than happy and willing to avail myself to meet and discuss this case with you at your convenience. I apologize for the length of this letter; yet I wanted to be thorough in my presentation. I look forward to hearing from you and once again thank you for your coopemti0n in this endeavor. Sincerely. _Sami J~, Ph.D. For Jalal-Z~ra ATTACHMENT NO. 6 ABC DECLARATION OF SERVICE R:~I C U P~2002',02-0223 Stop Quick Mini Mart\Staff Report.doc 20 13epartment of Alcoholic Beverage C'untrol DECLARATION OF SERVICE BY MAIL State of California Complete this form. attach thc original Form ABC-207E and return to ABC office listed beluw. Instructions, Form ABC 5_8. for more infornlation. ABC Disu'ict Office: Department of Alcoholic Beverage Control 3737 Main Street Suite 900 Riverside, CA 92501 (909)782-4400 Applicant(s) Namers): ZORA JALAL ODISH . ZORA SANA ISSA Premises Address: 29762 RANCItO CALIFORNIA RD TEMECULA, CA 92591 1, ~J~,"qt ,JiH,qD , do hereby declare that on ~-~C- C.2- , I served by inail upon each resident of real property owner of real propcry withia a 500-foot radius of thc above- designated premises, by depositing in the United States Mail. with postage fully prepaid, a scaled envelope containing a true copy of the Notice of Intention to Engage in the Sale of Alcoholic Beverages (ABC-207E). a copy of which is attached hereto, giving the name(s) of the applicant(s), the type(s) of liccnscis) applied for, the address of thc premises where thc business is to be couducted, addressed to the resident/occupant for each of the following addresses (If more space is needed, usc reverse or attach a separate sheet): ~DDRESS ff~ t~Lo~ CITY ~g-Sc'~L~ ZIP CODE Continued on reverse I declare under the penalty of perjury that the foregoing is true and correc 5',0,6-,/..,q(~ ¢/~L/_£~/ , California, this ,~9t37~-.., day oJ' ~'~"/9~_. ~'h9~0~-2 .i A3-FACHMENT NO. 7 ABC - 75 FORM REGARDING OVER CONCENTRATION R:~VI C U P~002\02-0223 Stop Quick Mini Mart~Staff Report.dcc 21 SEP-11-2002 14:42 ,-,l:iC RIVERSIDE 909 ?810531 P.O1 Depaf(ment of Alcoholic Beverage Control Riverside District Office 3737 Main Street, Suite 900 Riverside, CA 92501 Phone: 909-782-4400 Fax: 909-781-0531 State of California GRAY DAVIS, Governor Business, Transpo~ation & Housing Agency MARIA CONTRERAS-SWEET, Secretary FAX TRANSMISSION ~"~~- Original: F-]To follow by regular mail [~Will not follow To: DON HAZEN Date: 9/11/02 Time: 1400 TEMECULA PLANNING Fax: 909-694,6477 L. GARDHOUSE Phone: 909-782-4357 Firm/Office: From: CC: Subject: Pending application for licensing for Jalal ZORA (Stop Quick Mini Mart) Comments: ~ Don, Per our phone conversation today, I am sending you the following: 1. Copy of the ABC-211 (Application) for Jalal Zora dba Qniek Stop Mini Mart 2. Copy of a tbrm from our San Diego Office (where they applied) indicating that there is an over concentration of licenses in the census tract. ****Please note - this is not one of the Riverside Office forms - ! have no idea why there is a signature t¥om Jim Domenoe from the Sherift~s Dept. They are not the designated agency to make the £mding - your_,department is. Additionally this tbrm will not satisfy the PC&N requirement (I'm not sure why our. San Diego Office used this form). 3. Print out of all current licenses in the subject census tract. I circled all of the off-sale licenses which are the subject of the over concentration issue. As you can see, there are currently 12 off sale licenses in the CT with only 5 'allowed. As you know, [ have been contacted several times by a Dr. "Sammy" who is apparenQy overseeing the application process for Mr. Zorn. I have advised Dr. Sammy to make sure that Mr. Zorn applies for a finding of public convenience and necessity with your department. I have also advised him that the form signed by Jim Domenoe of the PD is not sufficient PC&N and will not be accepted by this department. if you need any t~rxher info - give me a call. Good luck with this one! NOTICE wis communication is intended only for the use of the individual or entity to which it is addressed, and may conlain information that is pdvileged, confidential and exempt from disclosure under applicable law. If the reader of this message IS not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is stdctly prohibited. If you have received this communication in error, please noilly us immed{ately by telephone, and return the original message to us at the above address. "Be Energy Efficient" 2:55PM; 0432.16 0432.16 RECEIVED: 9/11 /02 SEP-11-2002 14:44 Tract Types 0432.16 0432.16 (~ ACT I 41 0432.16 41 0432.16 41 0432.16 41 0432.16 (~ 0432.16 ~ 0432.16 47 0432.16 41 CENSUS TRACT INFOMATION BY CENSUS TRACT WITH ADDR~..~ PAGE: 1 WHERE COUNTY IS 33-RIVERSIDE AND CENSUS TRACT Status Num Premises ACT 344564 MATAB INC 41925 MOTORCAR PKW¥ STE A & B, TEMECULA CA 92591 375967 VONS COMP/~qlES INCTHE 29530 RANCHO CALIFORNIA RD, TEMEcuLA CA 92591 - -' 356773- .... ALBERTSONS INC 29610 RANCHO CALIFORNIA RD, TEMECULA CA 92591 ACT 382869 KERR BOYD NICHOLAS 41925 MOTOR CAR PK~NY STE G, TEMECULA CA 92591 ACT 369319 ROUND TABLE DEVELOPMENT COMPANY 27644 YNEZ RD MT, TEMECULA CA 92591 0432.16 47 0432.16 0432,16 0432.16 ~C RIUERSIDE 909 ?810531 P.04 239394 NIHON INCORPORATED 27576 YNEZ RD H15, TEMECULA CA 92591 350602 BALLY CHRISTOPHER J 27644 YNEZ RD STE M11, TEMECULA CA 92591 267700 VONS COMPANIES INCTHE 27481 YNEZ RD, TEMECULA CA 92591 273126 FOOD 4 LESS OF CAUFORNIA INC 26419 YNEZ RD, TEMECULA CA 92591 273918 BRINKER RESTAURANT CORPORATION 27645 YNEZ RD, TEMECULA CA 92591 378382 GIU3ERT PIZZA LLC 26479 YNEZ RD C, TEMECULA CA 92591 332041 N M I P INC .......... 29760 RANCHO CALIFORNIA RD STE 109, TEMECULA CA 92591 277098 CL.NM JUMPER TEMECULA 29540 RANCHO CAUFORNIA RD, TEMECULA CA 92591 277639 W~NCHE,51 t:~ FOOOS CORPO RA'FION 26495 YNEZ RD, TEMECULA CA 92591 378126 ZORA JALAL ODISH 29762 RANCHO CALIFORNIA RD, TEMECULA CA 92591 386439 BP W~ST COAST PRODUCTS LLC 27691 YNEZ RD, TEMECULA CA 92591 382205 HAN CHINESE RESTAURANT LLC 27536 YNEZ RD F21-23, TEMECULA CA 92591 327197 S & L OIL INC 26680 YNEZ RD, TEMECULA CA 92591 33 9382 RUBIOS RESTAURANTS I NC 27480 YNEZ RD STE 02, TEMECULA CA 92591 301725 ARG EN ~ ~HPRISES INC 27735 YNEZ BLVD, TEMECULA CA 92591 304749 ARTEAGA BLANCA CERVANTES 27548 YNEZ RD 1-13, TEMECULA CA 92591 ~BAJA LOBSTER GROUP OF TEMECUL~ 27511 YNEZ RD El, TEMECULA CA 92591 40 ...... ~ 3't'959~ .... 41 0432.16 47 ACT 0432.16 41 ACT 0432.16 (~ ACT 0432.16 C~ ACT 0432.16 41 AC'i' 0432.16 ~ ACT 0432.16 41 ACT ACT 41 ACT AOT ACT ACT ACT ACT ACT ACT .SEP-1[-2002 14:44 3C RIUERSIDE 09-11-02 01:45 PM CENSUS TRACT INFOMA'rtON BY CENSUS TRACT W1TH ADDRESS ....... --V~H~ cou~-:~-~IVE~II~E~N D CENSUS TRACT IS'0432.16 PAGE: 2 Census License Ucensee . Tract TypaS Status Num Premises 0432.15 (~ ACT 362174 0432.16 41 ACT 330743 0432.16 47 ACT 338601 0432.16 ~ ACT 384647 0432.16 47 ACT 347332 0432.16 41 ACT 388953 0432.16 47 ACT 356980 0432.16 ~.__ ACT__ 388165 0432.16 41 ~ ACT 365156 0432.16 ~ ACT 363550 o432.16 41 ACT 378560 0432.16 41 ACT 374912 0432.16 47 ACT 376833 0432.16 41 ACT 383587 0432.16 47 PEND 380712 0432.16 47 PESO 380627 0432.16 47 PENO 3898~ EQUILON ENTERPRISES LLC 29750 RANCHO CALIFORNIA RD, TEMECULA CA 92.591 TEMECULA FiSH HOUSE INC 26700 YNEZ RD, TEMECULA CA 92591 SCARCELLA JOSEPH A 27525 YNEZ RD, TEMECULA CA 92591 OALLO & CO INC 27473 YNEZ RD, TEMECULA CA 92590 PLYING MARLtN ENTERPRISES LLC 27495-97 YNEZ RD Al-A2, TEMECULA CA 92591 PETERSEN JARIYA 27520 YNEZ RD C1, TEMECULA CA 92591 DISTINCt'NE DINING INC 26440 YNF_.Z RD, TEMECULA CA 92591 88 SEAFOOD MARKET 41915 ~0TOR'cAR PK~ STE A-C, TEMECULA CA 92591 MC~E RESTAUR/~rrs IN(3 41916 MOTOR CAR pI<3NY STE D & E, TEMECULA CA 92591 COSTCO WHOLESALE CORPORATION 26610 YNEZ RD, TEMEGULA CA 92691 NOBLE ADAM ERNESTO GORDON 29760 RANCHO CALIFORNIA RD Dl15, TEMECULA CA 92591 TRINACRtA 27499 YNEZ RD, TEMECULA CA 92591 SOBRECK LLC 26478 YNEZ RD, TEMECULA CA 92591 LOVE BOAT CORPORATION 26480 YNEZ RD aTE 3, TEMECULA CA 92591 BP. INKER RESTAURANT CORPORATION MARGARITA RD & N GENERAL KEARNY RD SWC, TEMECULA CA 92591 MARGARITA & N GENERAL KEARNEY RD SWC, TEMECULA CA 92591 ~EC~I_ ~, (~GGIS ?IZZA & BREWING COMPANY 41301 MARGARITA RD STE 101, TEMECULA CA 92591 ATTACHMENT NO. 8 APPLICATION TO ABC IN SAN DIEGO R:~M C U P~2002~02-0223 Stop Quick Mini Mar~Staff Report.doc 22 SEP-11-2002 14:43 $C RIVERSIDE · Department of ~.Icoholic Beverage Co' APPLICATION FOR ALCOH(J~C BEVERAGE LICENSE(S) 90~ '7810531 P.02 State of California TO: Department of Alcoholic Beverage Control 3737 Main Street Suite 900 Riverside. CA 92501 (909)782-4400 DISTRICT SERVING LOCATION: First Owner: Name of Business: Location of Business: Is premise inside city limits'?. Mailing Address: {.If different from premises address) Type of license~,s): 20, 21 Transfcrnr's license/name: RIVERSIDE ZORA JALAL ODISH STOP QUICK MINI MART 29762 RANCHO CALIFORNIA RD TEMECULA, CA 92591 RIVERSIDE Yes File Number: 378126 Receipt Number: 1384798 Geographical Code: 3322 8-13 klvsd Copies Mailed Date: ~,,,~o',~ Issued Date: UO2 Census Tract 0432.16 360159 /RAMNARAIN NIZ Dropping Parmer: Yes__ No __ Xx Lice~ Transaction Typ. e~ F~e Tvve Master Oup Date 2~ OFF-SALE GENERAL PERSON TO PERSON TRAN£F NA Y 0 08/I 3/02 21 OFF-SALEGENERAL ^NNU^LFEE NA y 0 08/13/02 21 OFF.SALEGENERAL PREMISETOPREIvIISETRANS NA Y O 08/I 3/02 Fete $1,274.00 $473.00 $ 100.00 Total $1.847.00 Have you ever been convicted of a felony'? No Have you ever violated any provisions of the Alcoholic Beverage Control Act. or regulations of the Department pertaining to the Act'? No Applicant agrees (a) that any manager employed in an on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisio]!_s..~.f_ t_~h? Alcoholic Beverage 'Control Act. . .......................... ____.~z:-::. STATE OF CALIFORNIA County of RIVERSIDE Date: August 13, 2002 Applicant Name(s) Applicant Signature(s) Z O R~. _. ~I..A_ .L_A_L_ _O DJ_H_ See_21LSignature_Eage ................... ZORA SANA ISSA ................................... ATTACHMENT NO. 9 ABC FORM PER SECTION 23958.4 R:~M C U P~002\02-0223 Stop Quick Mini Mart\Staff Report.doc 23 FORM PER SECTION 23958.4 for Off Sale, On Sale Beer and Public Premises Licenses }-I. ," PREMISE ADDRESS: J~/Tt, 2 A:'/tr~c~qo c'.~lt~£~,~ ti~., 7'-E-*/E-caM. ¢.A ~'25vlt 2~ LICENSETYPE: '7'~.PE o?l oFF- ~/rlL£ Ll~gd~' LtC'~,~86 ~. TYPE OF BUSINESS (i.e. Bar, Store Gas Station, etc.): fi///,# t4/tgT- CRIME REPORTING DISTRICT c~ I {3C~ tx.~:~__/--rp___~x~ :e~cD%:a._~_ .t NUMBER OF LICENSES ALLOWED .. ~' NUMBER EXISTING DISTRICT AVERAGE X 120% = = ItIGH CRIME (20% average) CRIMES IN THIS REPORTING DISTRICT ~ {g BEAT MAP NO. If the above premises are Ideated in an area which has an over concentration of alcoholic beverage licenses and/or a higher than average crime rate as defined in Section 23958.4 of the Business and Professions Code, contact City/County official for completion of this form. (This section to be completed by City/County Official) ~ 9_.~ [:~.~.~[~ t~ = 3_ L',o~. 4. WILL PUBLIC CONVENIENCE OR NECESSITY BE SERVED BY ISSUANCE OF Tl~I,q ~tLCOHOLIC BEVERAGE LICENSE? ~ ( V/ ) YES ( ) NO Name of City/County Official Phone Number ' d ~ik~amre of City/Council Official Date Under the penalty of perjury, I declare the information in this affidavit is a'ue to the be~t of my knowledge. I acknowledge that any fale or misleading information will constitute grounds for denial of the appliction for the license or if the license is issued in reliance .on information in this affidavit which is false or misleading, then such information will constitute grounds for revocation of the' license is. sued. ' (~ ~x,~ APPLICANTS: SIGNATURE: _. ---~ATE: z~_.30_2ooy.. (Please Print) APPLICANTS NAME: MAILING ADDRESS: OFFICIALS: MAIL COMPLETED FORM TO: 1350 Front St., Room #5056, San Diego, CA 92101 San Diego, CA 92101 ATTACHMENT NO. 10 LETTER OF JUSTIFICATION R:~I C U P~2002~02-0223 Stop Quick Mini Mart~Staff Report.doc 24 STOP QUICK MINI MART 29762 Rancho California Road, Temecula, CA 92591 Tel. (909) 699-7968 April 26, 2002 Director, Community Development Dept. 43200 Business Park Dr. · Temecula, CA 92589 Dear Director, Re: CUP For Liquor License Upgrade Although I reside in Rancho San Diego, I have chosen Temecula as my place of business. I have come to realize the beautiful growth of the city with its state of the art shopping c~ters, business offices and affordable housing. Based on all those factors and the strong supl~ort of the City Administration for the business, I was very encouraged to have my Stop Quick Mini Mart in the Moraga Plaza Shopping Center, Temecula. I am proud to say that my mini mart is beautifully designed and well stocked to meet the needs and the conveniences of my customers. Stop Quick Mini Mart is determined and dedicated to provide its customem with such convenience, necessity and satisfaction that they deserve. My main goal and purpose is to have the mini mart a one stop-shopping mart. In response to my customers' inquiries and requests to upgrade my present type 20 off-sale beer and wine license to type 21 off sale general liquor license, I have conducted a survey to this effort. The support has been overwhelming as evident by the 500 plus signed petitions from my customers· I strongly feel that there is a need for a liquor license at Stop Quick Mini Mart to satisfy, please and provide my customers with the shopping convenience that they definitely deserve. There are no other liquor licenses at this location nor there are any churches, schools, hospitals, public playgrounds, parks, and youth facilities within 600 feet of Stop Quick Mini Mart It is also worth mentioning that this a low crime area. Based on the above, I would very much appreciate your approval of the Conditional Use Permit for an upgrade to type 21 on sale license and considering same a minor change, as there will be no major physical change?t this location. This will enable Stop Quick Mini Mart purchase the type 21 liquor license to serve the necessities and convenience of its respective customers. Thank you for your cooperation and assistance in this endeavor. Sincerely, Owner, StopQuickMiniMart ATTACHMENT NO. 11 LETTER REQUESTING PUBLIC CONVENIENCE OR NECESSITY WITH SIGNED PETITION R:~,I C U P~2002~02-0223 Stop Quick Mini Mart\Staff Report.doc 25 STOP QUICK MINI MART 29762 Rancho California Road, Temecula, CA 92591 Tel. (909) 699-7968 April 26, 2002 Chief of Police Police Department. Temecula, CA 92589 Dear Chief, Re: Necessity & Convenience Although I reside in San Diego, I have chosen Temecula as my place of business. I have come to realize the beautiful growth of the city with its state of the art shopping centers, business offices and affordable housing. Based on all those factors and the strong support of the City Administration for the business, I was very encouraged to have my Stop Quick Mini Mart in the Moraga Plaza Shopping Center, Temeeula. I am proud to say that my Mini Mart is beautifully designed and well stocked to meet the n~eds and the conveniences of my customers. Stop Quick Mini Mart ownership is determined and dedicated to provide its customers with the convenience, necessity and satisfaction that they deserve. My main objective is to have the mini mart a one stop-shopping mart. · In response to my customers' inquiries and requests to upgrade my present type 20 off-sale beer and wine license to type 21 off sale general liquor license, I have conducted a survey to this effort. The support has been overwhelming as evident by the 500 plus signed petitions from my customers. I strongly feel that there is a need for a liquor license at Stop Quick Mini Mart to satisfy, please and provide my customers with the shopping convenience that they definitely deserve. There are no other liquor licenses at this location nor there are any churches, schools, hospitals, public playgrounds, parks, and youth facilities within 600 feet of Stop Quick Mini Mart. It is also worth mentioning that this location is a low crime area. Based on the above, I would very much appreciate~ your approval of my request for necessity and convenience to enable my Stop Quick Mini Mart purchase the.type 21 off-sale general liquor license to serve the necessities and convenience of its customers. This is a team effort between the. City and its business community, and I am confident that my request will meet your favorable approval. I do believe in the City of Temecula, its Administration, its Police and its respective community. I shall continue to contribute towards Temecula's economic renaissance and growth through my present business and other future businesses. Thank you for your cooperation and assistance in this effort. Sincerely, Jalal Zora Owner, Stop Quick Mini Mart 12-1 ~-2~t01 tl: 2~3PW FROW I- "WE TI4~. UNDER SIGNED, SUPPORT STOP QUICK MINI MART AT 29762 RANCHO CALIFORNIA ROAD, TEM-ECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." S_tou Ouick Mini Mart is determined and dedicated to urovide its customers with the satisfaction and convenience they deserve. Address: Phone No.: Ad'ss: Phone No.: 3''5- Date: ~.q -oh '7 -o ~ Date: .Address: Phone No.: 64~5 Phone No.: PhoneNo.: 67 ~Oq2 _ Date: Ph~e No.: 12--1fl.--20(~1 ~i=2gPM FROM P. 1 "WE THIE UNDER SIGNED, SUPPORT STOP QUICK MINI MART' AT 29762 RANCHO CALIFORNIA ROAD, TEM'ECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." Stop Quick Mini Mart is determ/ned and dedicated to provide i~ customers with the satisfaction and convenience ~ey deserve. ,Address: Phone No_:{_ Address: Phone No.: Addre~: Date: ~-~- ~'-7,' DZ. Signature 0~ ~ ~ Date: Signature .~~,~ ~._~ Phone No.: 6g.~-ocqZo Date: Name /~///Z L/~c7 Silage Afl.ess: ~ ~ ~ ~ ,~/'C ~, Phone No.: ~-~ 7~ ~/~ ~ D~e: Phone No, :( ~- ~ - ~0 ~ ~ ~e:, Phone No.: Dine: Ad.ess: 'B 'x ( ~ ~ c o ~ ~de [ C ~ f f - Phone No.: ~q ~ q o?Z Date: Address: ¢ ~'~'~ C ~ y 7~ ~ ,, 12--1~2001 FROM "WE TWi~. UNDER SIGNED, SUPPORT STOP QUICK MINI MART AT 29762 RANCHO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." Stol> Quick Mini Mart is deteamined and dedicated to provide its customers with Uhe satisfaction and convenience ltae¥ deserve, Name C/q-/'J'~ ¢o~/~s Si~uze -Address.: ?°~/>o 42t'~ ~'"~ ~4 'c~/~. Phone No.: q~7~- O/9 c/ D~e: Phone No.: ? / ~)2 ~- ~' ~2 Date: Phone No.: ~ 7~ ~ 5~ Dine: Address: Phone Address': Phone No./. Address:_Q~G) 560 ~.-~'~Ok-'-tk0Ao' (~Q4_r~r/O Phone No.-: ~-T')(Y, ~l-'~3-&.( '7_ Date:" Address." Oate:. ~2-J~ oP Phone No.: Address: Phone No.: Phme No.: m') ].~-~,~ ' Date: 12-14-2001 ~:2gP~ FROM "WE THE UNDER SIGNED, SUPPORT STOP QUICK MINI MART AT 29762 RANCHO CALIFORNIA ROAD, TEM'ECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR:" St~o_v_Ouick Mini Mart is determined and dedicated to ~rovide its customers with the satisfaction and convenience ~ey deserve. /? - Address:~. ~ ~C~ ...... Phone No.:(~} '7~-~ D~e: Ad.ess: q~00 ~ocqq~ ~a ~a~C I-'~ Phone No.~'jaq~-~ ~ ~" 'd~--~>~ ~ ' Phone No.: ~'7-6~-'q~/~ Date: ~ Phone No.: ~ ¢ '? / q--;~3 Phone No.: Signature Date: Y ~ A./ 2._ ? .l'O :Z. 12-1~-20~1 ~:29P~ FROM P. 1 "WE TlCil*. UNDER SIGNED, SUPPORT STOP QUICK MINI MART · AT 29762 RANCHO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." Stov Quick Mini Mart is detennined and dedicated to provide its customers with the satisfaction and convenience they deserve. · Address.: A/o-~ ~o Phone No.: Address:: Phone No.: Date: N~e ~i~ ~-~~ Silage Ad~ess:/~ ~ Phone No.: Phone No.:' Address: Phone No.: Ad'ss: Phone No.: Name LIA4~,5. 13 t ¢' ,/_t t ~ Address: 5,/t (0 0 C~,c~L-z~ 0r~co0M Phone No.: qtv[-~q ~,~'t 5q q Signature'~7~~ / Date: 7- -z 7- o ~,~ Date: Date: 12--1~-20~1 FROM P. 1 "WE Tgll~ UNDER SIGNED, SUPPORT STOP QUICK MINI MART AT 29762 RANCHO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." Stop Ouick Mini Mart is determined and dedicated to provide customers with the satisfaction and convenienee they/31eserv .Address: ~L~ct(c ~ 0,_,.~. ~t,~.L/ ..... PhoneNo.: ~01~-b'~fl/~ , , Date: Y~fz_7/ I o Address:.~ ~0~oo' ~:~"(-,v'7 /~.t./O'o'gg._~" ' Phone No.: Date: ~ Name ~'~,4,4',¢ ~. ,~¢-,-~,_.~.~ Signature~__________~,,,r~~::~::~ Address: Z?'gss-~J~, ~/-'r,~ ~'-~ ~o,- .. Phone No.: -~'~-,oqq" Date: ~__Z--~7~ Phone No. ~, ~'g - ,,o/g z~ Date: ,~-o> 7 - . Address:. '~Sto~o0 ~,½/~,~ 7~'-g~,&d~._ Phone No.: ~ '3 ~¢¢3 Dine: ~ : _ ~. ~-A (~ '~ Da~ ' Ad,ess] ..... Ph~eNo.: ¢-%fl~%~g , ~ Date: 12-1~-2001 ~:2gPM FROM "WE TI~, UNDER SIGNED, SUPPORT STOP QUICK MINI MART · AT 29762 RANCHO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." Sto¢ Ouick Mini Mart is determined and dedicated to vrovide its customers w!th Ibc satisfactign and convenience they d~erve,. PhoneN~¥0&'~Q: lit,lO ' 2 Date: ", 7_ '"'~'~--~- 0 '7.__ Name { ¢' /3~ ~ Signatm'e Phone N~.:. (~G)~ ZZ -o5¢~ 'Date: Address: Lig~-~C& ~ D(')Q ' ' Si~ ~_ Phone No.: Date: Signature ~-~ - '~' t t2-14-20~1 4:29P~ FRO~ P. 1 "WE TglE UNDER SIGNED, SUPPORT STOP QUICK MINI MART AT 29762 RANCHO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." Sto~_O.uick Mini Mart is determined and dedicated to provide its / customers with the satisfaction and convenience flxey deserve. Phone ~4o.'. ~-79 -aD -/ Address:J/~ ~ [¢v'/)-rwf .<.'~ PhoneNo.: 5v66 .- sig~m~rJ~,~ Date: 0-~ ~ ~7 o ~ .Address: 7ot5 Phone No.: Acldr~ss:--3 ~$ L~ Phone No.: N~e. Ad~ess: 3q444 Phone No.:__~3 Signature Date: ~-,I :7-* 2 g a/' d we: ~/~7/0~ . ' Address: Phone No.: Phone No. Phone No.: Ph~e No,: Date: Signalure O V {~ ~ Date: "WE TlqF. UNDER SIGNED, SUPPORT STOP QUICK MINI MART · AT 29762 RANCHO CALIFORNIA ROAD, TEM'ECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." Stqv Quick Mini Mart is detek-n~ed and dedicated to prov, ia~ its custome, rs with the satisfaction and convenience,they/d~r~,/tve~,,~ Phone No.: Address: ~one No.:/'~ ~ e coq fit Address: ~_'3q Date: Phone No. Nmne Address:. Phone No. Date: Date:r,?, ?7, oZ [ 12-14-2001 E:2gPH F~OH P_ 1 "WE Tl~ UNDER SIGNED, SUPPORT STOP QUICK MINI MART AT 29762 RANCHO CALIFORNIA ROAD, TEMF, CULA, CA' 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." S_Lq~Ouick Mini Mart is deteamined and dedicated to provide its customers with the satisfaction and conveaience they des. grve. Phone No.: 477-'70&q; Date: Ph~e No.: ~7 /(rfp Date: /! ?' "WE Tm*. UNDER SIGNED, SUPPORT STOP QUICK MINI MART AT 29762 RANCHO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR.'* S_Lqp Quick Mini Mart is determined and dedicated to provi~l¢ its customers with the satisfaction and convenience they deserve. . ~'~ PhoneNo.: ~Ofl ~/~P."~ ~.Tt/' Date: Name, ...... Sitmana'e Address: ~":"~ '~ ............ ~ Phone No.: Date: Address: Oa/fi2 ~ ~--,~e PhoneNo;:- ('?'o~j ~7~.--g'~'~lq I Dale: ~-,23 Ad~s] ~ K ,, Ad~s: '~ ¢.~ ~&&; G/&. ~' Address: ~O~ ~ ~~ ~_ ' ~o~e No.: (~a~) qC/~? ~ D~,: Z Address: \~ Phone No.: Date: 12--1,~.--2g~51 ~=2gPM I~M P. 1 "WE Tl~. UNDER SIGNED, SUPPORT STOP QUICK MINI MART AT 29762 RANCHO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." Stop Quick Mini Mart is determined and dedicated to provide customers with the satisfaction and convenience they deserve. Address:. 7~q'-)D.4 coc-ec~,Jrt,,~ ~, , - - PhoneNo.: Q,,-'f¢ ~C-'t'~-~ Date: Name Address:2'9~'o~' V¢-~r~,~_~.~ (li~_~I PhoneNo-:C~/'ac7 -~? 93-_2~ Date:_~--;~- 0~.~ Phone No. :~/,~ -$-Z~- ~'% Date: ~7 Name. ~ Signature ' r -/'~~t~--I . Address: Phone No.: _ Lq~) ~, - ~ ~ ] __ Date:' "L.-'t--'L-,f't-'Lc Address:] ,"~Z --ti' 0q;~ L~['( - i. Phone No.i ,~6' Z3 q ~ Date: Address: ~'r~C~/'! [,/LZ..~//,~c_~. J~/,~/ '/ /,/,~ ' . Phone No,: 7~/pc°-~/t-' - Date: PhoneNo,: c~/_)~ ??~Y'V'~-fL/ D~-te:~'~, ~.-Y ~ 12-1~-2~1 ~:2gP~ FROM "WE TWE UNDER SIGNED, SUPPORT STOP QUICK MINI MART · AT 29762 RANCHO CALIFORNIA ROAD, TEMECULA, CA 92591 TO ' UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." S_3to~ Quick Mini Mart is determined and dedicated to provide its CUStomers with the satisfaction and convenience they deserve. -Address: ?/aa,~ 4% ~,o./~' ' ' / ~honeNo.: ~'9 /~ ~ . Date: /~/~f~/ - AddreSs: c/'d~ /T~or~.q~ ,~_7.~ r.~t/~2 t ' Phone No.: d; ~-~17)'; Date:/D-~-~ Phone No.: %vie qh-¢~ [ ' Dine: t~J~lol~ t . Ad,ess: '~t~ A~~ ~ Phone No. :__ Date: Phone No.: ~ -~ ~ ~ ~ ~g~ 'Date: A~s~:.,z~/q~ ~ ~d4C. ~ <~ ,, ,t "WE Tlq~. UNDER SIGNED, SUPPORT STOP QUICK MINI MART AT 29762 RANCHO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." Sto___~ Quick Mini Mart is determined and dedicated to provide Customers with the satisfaction and convenience fftey deserve e~on~No-:~5 -'/,_V~O'--~,-.,' D~te: t~'~4~,, o Address: F Z - z co ,~,2~r-~._$.~ · 2 t-- Phone No.: ' 5'--r~"? -- ~ ~,5'-q. Date: /Z- ~- a Name Address: Phone No.: Signature~ Date: . Ad.ess: qZ~)~ ~ ~7 ~/~ PhoneNo.:._~/~rZ~Wo_~ ' ~¢:, Phone No.: _~. -~2.¢-qo~ Date: Ad.ess: ~ ~ ~'~ ~ ~~~ Phone No,: ~ z6 ~ ¢~' Date: Address: ,_-.Yy'j--~ Phone No.: Phone No: Date: /~- Signature Date: t2--1/1.-2001 ~.: 29PM FROM "WE Tl:flT. UNDER SIGNED, SUPPORT STOP QUICK MINI MART AT 29762 RANCHO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." S_!QI~ Ouick Mini Mart is determined and dedicated to provide its ;~t~mers Na~e (~.~-~' ~ . / Signature ("~/A~_~ c/ Ad~ss:~q~,~ ~ . ~ ~ ~ Signature 12-1A--20~1 4:29PM FROW P. 1 "WE TI-W. UNDER SIGNED, SUPPORT STOP QUICK MINI MART · AT 29762 RANCHO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & W.INE LICENSE TO INCLUDE LIQUOR." St__OV Quick Mini Mart is determined and dedicated to provide customers with the satisfaction and convenience they deserve. Phone N°~q~]) Date: Date: 72 - 2~- t~/ N me P- Address: Phone No.: Phone No.: ' Address:~ Phone No.: /20 Date: /2 . ZG . ,::>1 Signature ~ Date: S ignamre_~,~ff~'~ Date: Signature Date: 12-- 1 ~--2001 zl ~ 29PM FROM "WE Tm*. UNDER SIGNED, SUPPORT STOP QUICK MINI MART AT 29762 RANCIIO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE .ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." Sto_v Quick Mini Mart is der. ermined and dedicated to provide it,s .~ / PhoneNo.: (~qq'-ol.O'~ Date: 1~-'~'-o } Address: ~/go ~ ~ ~ ~ ~ p i~. , ~, mhoneNo.: ~Z~ Z~72~- -- 6~e: - Slgn~ Date: 12-14--2,~{~1 4:2glUM FROM P. 1 "WE T~g'. UNDER SIGNED, SUPPORT STOP QUICK MINI MART AT 29762 RANCHO CALII?OR_NIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." St~ov Quick Mini Marx is determined and dedicated to provide gustomers wilh the satisfaction and convenience they deserve_. Address: q/'3 ...~,..fO~~-"t::P-<:(/ Name d [ t~L/ A ~ ~ Siguature ~/ Address: .z~, _ty~ ~L~T4,~,Io,~ '~ Date {) '- Address: "~//~ d' ~-/~/,,* f~'.C,o,, . AD/(?, Phone No.: 67g- ~-7 ~ / Date: Nmne $ignatur~ Phone No.: ~'=/g ~3::~z - Date: . Ad.ess: 3ZZP P Phone No.:._~ P3 - ~/f ~ ~e: .IZ- ~ Phone No.:~' b~b -~ ~ Date: , ~ Ad~ess:/Z~F'~o C~~ ~ aZ~ff Ph~e No.: ~Ot- Z$~ I Date: /Z-Z/- o 12-14--2001 4:2gl>M FROM "WE TI41*. UNDER SIGNED, SUPPORT STOP QUICK MINI MART AT 29762 RANCHO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." St_~v_Ouick Mini Mart is determ/ned and dedicated to provide customers with the satisfaction and convenience they deserve Name /7'~,Ttg ~x~,~-r~tq~"~ Signature~ · Address: :F/~,~; ~-aal-oz Phone No.: [ 9~71 c.q-O~ ,- ~' Address: ~Z-]272d~ 0 pT~/?t~ ~2z ~,9~ - PhoneNo.: ~3~r~ ~"-~r-,(:~r~ Date: [~/,9-~/~ Address: q~y ,. / Phone No.:~q~I3, i g D~e. //.?' t /~l ( Phone~ ~q~-j~Z- --Da~: / ~-Z~ Phone No.: ¢~ -SY%~ -- Dmc: /~/~ Ad.ess: ~,~ff~ / ~f/,~,, ~/~//~. PhoneNo.:?h~¢) 7~- ¢~5-~' /,- Date{ Ph~e N~.f~J~5~ ~ Date: ~z/~ k f o [ "WE Tl~, UNDER SIGNED, SuppORT STOP QUICK MINI MART ' . AT 29762 RANCIlO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEIZ. R & WINE LICENSE TO INCLUDE LIQUOR." St__o_u Quick Mini Mart is determined and dedicated to provide i~,$ customers with the satisfaction and convenience they deserve; Address: Phone No. Phone No. Phone No. Date: 2_6 0__~:-_ 05 I , Signature $ign atur e~ ___~_,~g~ '~_.- _~ Oa~e: / zz > ,2/L- O / Address: ~5-0 '{ Phone No,: qv~ 3'~ Phone No.: (_~tTcO~,~ "~93'~ Date: Name /o..,f'/2 d'go /.ig/ff~ ~ Signature Phone No.: ffO_g _~ ? /~Z- Date:" "WE TI~. UNDER SIGNED, SUPPORT STOP QUICK MINI MART AT 29762 RANCItO CALIFORNIA ROAD, TEM'ECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." St__0p Quick Mini Mart is determined and dedicated to provide customers with the satisfaction and convenience they deserve. PhoneNo.: 0155 %~[ 'q0oet Date: I~d-gb Name C~ ,~Signatur Phone No.: ~L3 .Q~' g.?. Date: ./~---~L{~ Addres~ ~)'3 1o ('bqfffi~,4. ~ Phone No.." 6-7 {.(-~-0i ~' ' ' O'~ie:' //o~, oD.~ ,O~, Phone No.: F~,~'~.//~'q ~'oq.) D~te: / Nmne ~ck.o~d' '1.. _'~>e_.e. Signature . Address: .J~R Ig~F'l ~-'-e-r~e.~l~ Phone No.: ~'a q 4,,,"10,- O¢to~ Date:, Name C~ ,~'~ Signature_.. Address: ~-oXqo ',~-o~.~ ~: 12_ ~ Phone No.: ~--~'7 - gl~c~ Datc: t~/~'2~/O PhoneNo.: 5'd~O- ~e~' Date: "WE TI4~ UNDER SIGNED, SUPPORT STOP QUICK M~NI MART AT 29762 RANCHO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." ~ Quick Mini Mart is determined and dedicated to provide customers with the satisfaction and convenience hhey deserve. Phone No.: -Lq 7 ,- 0 ~_~ O Date: [2 Name PJ~& (A~L_ C,w'~2-~ Signature/~,/Q~, Phone No.: '-7 ~-- '~ ~' ~-'~l ~ Date: Address: ~//08 ~ '£m~ ~d~a_ Y¢~ ~t~l~ ~ ' Phone No.: ~ ¢ ¢~ o q D~e: I~/2 ~/~ t Phone No.: ~d[- Z~dD Dine:. [2- ~. d - o/ Phone No.: ~ ~y~ ";~Z~'- Date: / ~/25~/, Phone No.: ~7~ ~Z~- ~' - Nme ~ [(~ Si~e Phone No.: fl~ I.~q' ¢~ Date: / L '~ro Ph~eNo.: %-$~ff-D3~ -' Date' [~-~ ~ 12-1~-2081 ~:29PN FROW P. 1 "WE Tlql~. UNDER SIGNED, SUPPORT STOP QUICK MINI MART AT 29762 RANCttO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." S. Stop Quick Mini Mart is determined and dedicated to provkl¢ it,S .customers with lhe satisfaction and convenience they deserve. Address: Phone mo.: _ Phone No.:.' Phone No.: 6 Phme No.: Date: "WE Tlq~. UNDER SIGNED, SuPpORT.STOP QUICK MINI MART · AT 29762 RANCHO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." Stoa Quick Mini Mart is determined and dedicated to provide its customers wi~ the satisfaction and convenience ~e¥ deserve. Phone NO.: q~O ~D- ~]h/~ Date: IA Name H eVq~-_~ 50¥.-o,- Signature~~<~''' Phone No.: Ro% 3' o>_. N 5.>-`>`-` Date: ,)'~-J Name_..~ f/~7~ f'~ Signature Signature Date: Signature ~~~Tt-/~./ 12-1~-20~1 ~:2~M FROM "WE TI:Il*. UNDER SIGNED, SUPPORT STOP QUICK MINI MART AT 29762 RANCHO CALIFORNIA ROAD, TE1VIECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." St__ov Quick Mini Mart is determined and dedicated to provide its customers with ~e satisfaction and convenience they deserve. PhonoNo.: .<;D{) cqOiOM' Date: )~].-~b[,B~ Phone No.: c?~ ,Z/gr q//~b/ Date /fl '~¥,- d/ Phone No.: ~6q' '~/~q' 1-~-{'1 Date: - tM~,/a I PhoneNo.: ~- ~,~.-.~([,~ Date: /-'~>. d/~.~' Phone No...j~Q M~<"~"'-'\ ' Date' [q~ qLl~\ ©l (-,-,.,.---. ., I Name Phone No.Q~),,,G~ ~ Address: Phone No.: Phone No.: Ad.ess: K3e-, / ~ 1 2-1 4--20~31 ~1: 2gPM FROM "WETLY. UNDER SIGNED, SUPPORT STOP QUICK MINI MART AT 29762 RANCHO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & Wl31ELICENSE TO INCLUDE LIQUOR." St~op Quick Mini Mart is determined and dedicated to provi;l¢ customers with the satisfaction and convenience they deserve Address: ~ 7_~,'P _~.3;~9.~ Phone No.: --:~ - / -~--~-- C]_ Date: Signature~k ~-~~ _ Date: /cO -c¢7-o~ Signaxt~re 0 JE~O t~~Q~ m, cvn.~,s Signature . Address: x,~,~o k.~,,,.k,,, c~l o4, Phone No.: ~ _ . . ~ Date; ~0 [*.~/~, Phone _ Date: ' Phone No.: ~87- 6~q~ Dmc: [~[~7,[0 Phone No.~ ~¢~. 5~- g~' ' Date: Ad.ess: ~Zoeo ~to ~f ~ ~ Ph~e No.:' ~oS ) ~-7~o~ Date: /z/z?/~ i 12--14--2001 4:2gPM FROM P_l "WE Tm*. UNDER SIGNED, SUPPORT STOP QUICK MINI MART AT 29762 RANCHO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS 'BEER & WINE LICENSE TO INCLUDE LIQUOR." St~op Quick Mini Mart is determined and dedicated to provide CustOmers with the satisfaction and convenience flxey deserve. Phone No.: ;~d ,, '4 t'3 ~ · Date: fd '.'~ 2.-.01./v Address: i:~qS, el)al I)ri'¢¢ Cerri'~' I'"1) . ~ Phone No.: ¢0q) bi,3 ct&5~'~ . Date: i£/Z ~{/_Y i __ Phone No.:,~ cpq,.~,~ ~3 ,,o~ 'Date: Address: ~-'-/G~) ~-'/(?~o~,OS~ ~. --~ Phone No. ,':~7T7 :- '~t[ 2.'7~ Date: ( ~- '- ~f7 PhoneNo.:_ .~()(tY -- ez/<~e:5>F~, . Date:. /,~-- ~.°.7.~0f Phone No.: Address: ?h~e No.&O~) 6q7-2~7 1 ~--1 ~t--201~1 ~1: 2gPM FROM "WE Tiq]~, UNDER SIGNED, SUPPORT STOP QUICK MINI MART AT 29762 RANCHO CALIFORNIA ROAD, TEM'ECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." $t_199 Quick Mini Mart is determined and dedicated to provide its eustom~rs with the satisfaction and convenience the~serve, Name '~-~o,~.t c,-~x /b-~z ,, ]~'~_ Signature . · Address: eZ--;_zZ.E ~d,,. ~,,,-.0,, ,d ./:t O -' PhoneNo.:(~?) ~ q-¢ 9,5o Date: I Ad '~ ' dress:a~22on ~faaa ~,.,J ~ PhoneNd:l?09} g',-q,~./ .~gqL03 - Date: Phone No.: O~3 / ~ O 5 - D~e: ~.. Phone No.: (e q 3 ~A'O.3 ~: · Address: q.-'5-?~o 5 G'~r3~_ ~.t.~.~,o~,- Phone No.: _e/OCt -502,-9,5o~ Date:. Address: ~xo'22 ~q3e° ~q~o 0~3o1 .~1~ PhoneNo.: ~TZ-/~/o ' / Date: Nme ~& . 5c~x~ Si~amre. Ph~e No.: ~6~- ~z~q~ . Date: 12-1~-2001 ~:2x3pN FROM P.'.I "WE Tlq~. UNDER SIGNED, SIJ-PPORT STOP QUICK MINI MART · AT 29762 RANCHO CALWORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." S_Lo_p Quick Mini Mart is determined and dedicated to provide its customers with the satisfaction and convenience they deserve. PhoneNo.: ")oq --g%':/-Z~_~2._- Date: PhoneNo.: ~bl-I~qff ! 1 Date: Address: z~Ll~f~ ~ Phone No.: qOq-3o3 --qlyg" Date' Adaross'-Tb~ ~'~ o z y~'J,-e d,~,: PhoneNo.: ~,q fi, q~f (,,~5,~ / Date: Phone No.:'_q.0q ~, b-L qxb~_Q Datei ( Address:_~./'~9~N:~a &i~. ,4~or. 1'5~ Address: '/~o:3 Mop_~&,ff-p-~/9._ql) t Phone No.: ~X-~O ¢ D~c: la- ,hone No.:, q~/-q / ~0 Oate: / ~ ~ 2ff tO/ N~e~c.~ ~ U;~ Si~amre 1'2--1 4-2[fl~1 4: 2gg~l F'RCIM "WE Tl:~ UNDER SIGNED, SUPPORT STOP QUICK MINI MART AT 29762 RANCHO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS ·BEER & WINE LICENSE TO INCLUDE LIQUOR.'~ P. 1 St.~op Quick Mini Mart is determined and dedicated to provide customers with the satisfacti,'on and convenience they deo;erve Phone No.: q~, A e~"- >"-,~/d Dat¢."i/,~//~ · /r'~.~. ' ' - " ~"~'~'-'~' PhoneNo.: /'~'23q.}g ~¢Ld2'¢'7 Date: Phone No.: 0 .~' e~. ~ ,6 7 Dale: t //5-/tJo Phone No.: ~" ~-~'<~..~ '-/,_7 Signattire Date: , St~at~e Date: Address: q/706t ./FI~rnc~r~,"ta, rd. "WE Tl:[I*. UNDER SIGNED, SUPPORT STOP QUICK MINI MART · AT 29762 RANCIIO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." Sto~Ouick Mini Mart is determined and dedicated to provide its customers with the satisfaction and conveaience Name /~f~ '~0~-4~0 ' Signatur~--//'/~~ · Address.: ~?j~oo Phone No.: Phone No.: AddressI Phone No. Phone Nme ~UM'UH4 Phone. No.: Address: Phone Date: _Signature r>% Date: 12-1 d.--2001 ,4: 29PM FROM "WE TI:W. UNDER SIGNED, SUPPORT STOl;' QUICK MINI MART - AT 29762 RANCHO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS 'BEER & WINE LICENSE TO INCLUDE LIQUOR." ~ov Quick Mini Mart is determined and dedicated to provide Phone No.: (q~ ~,~- Iq(~, Date: 12-14-2881 4:23Pl,4 FROM P. 1 "WE TlCH*- UNDER SIGNED, sUPPORT STOP QUICK MINI MART · AT 29762 RANCHO CALIFORN~.A ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & WLNE LICENSE TO INCLUDE LIQUOR." Stov Quick Mini Mart is deterrained and dedicated to vrovide its customers with the satisfaction and convenience they · Address: dr %i (o'NO <-o~ ~ Signature Name Date: Signature Date: AddresS: a,/ ~ y-9' Name. '~; ~--0 t)l') Address: Phone No.: Date: Signature._ Ad&ess:. Phone No.: _ J"~r~(t' ~c~ ! ( Name_ Address: ~: Phone No,: ; 12--1d.--2~1 .'l:2cJ:'M "WE TI:II~ UNDER SIGNED, SUPPORT STOP QUICK MINI MART · AT 29762 RANCHO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE .ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." Stov Quick Mini Mar~ is det .cfm/ned' and dedicated to p~ovid¢ · ^am~:, ~o ,4, H,,,,a,~.t ,~c v ~.,.~...<-.-,-e_~', ^ddress: tXZTgO Sn-o0o tS.Wc~Oo -~ ~ '_ , Phone No.~ ~0~- ~ ' D~e: ~- Address: ~r'LzO0 Date: Dine: Z Signature Date: D~e: ...~ ~ - O'k Date: S.=e Date: P. 1 "WE TWI~. UNDER SIGNED, sUPPORT STOP QUICK MINI MART AT 29762 RANCHO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." S_!ov Quick Mini Mart is determined and dedicoled to vrovid¢/ts d ustomers with the satisfacti.'on and convenience they~eserv~. Phone No" - Phone No.:~- d'Tl Date: Name Address: Phone No. Narm Address: Phone No. . Address: Phone No.: Address: .~c>~ 5-~/V(i/.~Lt,-to R-O Signature~ Date: ~ I0' 0'~ 12--l.n--SL~01 ~:2gl>M FROH P_ 1 "WE Tgil. q', UNDER SIGNED, SUPPORT STOP QUICK M]NI MART · AT 29762 RANCHO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." St__op Quick Mini Mart is determined and dedicated to provide customers with the satisfaction and convenience they deserve. · AddreSs}.,4t~/~t 01x.dde~ie ~ . - -- ' ¥ PhoneNo.: ~¢O~.] (a:~p-Jt0-6t~ . Date: [/ff..,~ PhoneNo.: ~ t-/~4~l - - Date: Name~:~_ ~,,~ ~ Signatur e_?~r~ Address: ~oe ?o /14qc.~l~ c-~ ~,F~,.n;., k'£ PhoneNo.: ....~zz.~ "7'..~,,.~.~o..z~ co. yej~/Dme: p~/r-2_ Jo, d_ Phone No.: 65q~'OlC.[O Date: '~.--a~O Name ~-~, _~f,~ 'b ~,&q,,3 Signature ^ddress: 3ou~ v,,,t~.L ~ l~oc. Phone NO.: ~ ~ ~,q,-,4~q~' Date: Phone No.: ~W-l~Ob{--16S'7 ,>o~t&'dP_ Date: ~_~7~5 Ad&ess: '~'7.2r,~Z L~,~-V~_ -~c~ / ,/~, Phone No.: ~t~9/..q~3tZl' Datc: ..~' ff'" 15--"l ..... Phone No.: (C-3 (~ - ~GD,q Date: 12-14-2001 4:29PM FROM "WE TFnz. UNDER SIGNED, SUPPORT STOP QUICK MINI MART · AT 29762 RANCHO CALIFORNIA ROAD, TEMEC'ULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." St__op Quick Mini Mart is determined and dedicated to provide it,S _customers with line satisfaction and conveaience ~ey ~eservq PhoneNo.: qy)c~ "~o2 ac/";b Date: Address: qt??Sl~nr~a~,~,'t~ t--'<O '~t-to'~ Temecwln PhoneNo.: q'0'f- ~-~"/- -~q to Date: 5-' x.,l - "' "a -- ' ' Phone No.: ~' UQ .o~'(? Date: ;~-/(~ -I~ · AddreSs: 47~,74 ~a,c_ a4 -~-z/ ~~.~ Phone N0~:9~-V~/~ gLf4 ~ Phone No.~/~~ O , ~f¢-~7~te./ Address~Z~~~ ~F ~~.x Phone No.: ~ .-~b~ ~ D~c: PhoneNo.: ~ /t ~ ~ Date: ~-nme ~o.:(~Oql ~&7~ Date: "WE TFLX. UNDER SIGNED, ~PORT STOP QUICK MINI MART . AT 29762 RANCHO CALIFO~ ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." Stol~ Ouick Mini Mart is determined and dedicated to provide customers with the satisfaction and convenience they deserve. Phone No.~: D~e:. Address: ~g~ ~~ ~oo~0 j Phone No.: D~c: PhoneNo.,: lb-n '791t~ ' 12-1~-2001 ~:2gP~ F~O~ "WE TWi*~ UNDER SIGNED, SUPPORT STOP QUICK MINI MART · AT 29762 RANCHO CALIFOILNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." St~op Quick Mini Mart is determined and dedic0led to provide its ustomers w~th flae sansfact~on and convemence they deserv5. ~ PhoneNo.: 90 ~- Name ~ ~-'--~3~ ".~.~-- Phone NO.: a~- ff~B~ Date: Name ~a.-v'E ~[t,'s,t,ex. Signature ~ ------ Address: Phone No.: P./': ,{oqq Nmne ~ ~ ,~[~ Si~at~e Phone No~ ~) ~6~ flqV 2 Address:.:,,, ?'~'~ 7~d~v/~m ~ Phone No.: ~ (~aW 7~-~fU Dae: Nme_~f ff/~ ' 'Si~~ ( . L ~ ~honeNo.: ~ ,,, Date: Ad.ess: Ph~e No.: 2q3-77 AC,<- g: (o6 ---xo,,.'~.,,.~x- c.,,a ?'q..dg.z "WE TWg UNDER SIGNED, SUPPORT STOP QUICK MINI MART AT 29762 RANCHO CALIFORNIA ROAD, TEM'ECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." Stov Ouick Mini Mart is determined and dedicated to ~ro '~e it~ _ customers with the satisfaction and convenience/ihe~sery_~. Name~e--~.o..~ -~,.~ ~.. · Signature ~ -Address;t41~ ~do~,,~-~ 'O.L ~ . PhoneNo.: ~-. Address:. ~,~.~fO/ ,~0~.¢9- ~ Phone No.: ~'0~'- Address:0L¢O.~8,0m-~a,n ~ D -;2;,,,4 Phone No.:6'. Dale: Address: q~>c ,W'~,~r,~c~ ~ aD7-3fib Phone No.: ~¢~- %2-~3 . Phone No.:.. ~?~ ~%~ ~¢ _ Phone No.: Phone No.: N Phone No.: Date: Date:~ Dine: Date: "WE TlqE UNDER SIGNED, SUPPORT STOP QUICK MINI MART · AT 29762 RANCHO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." StonOuick Mini Mart is determined and dedicated to provi0¢ CUstom0rs with the satisfaction and convenience thgl~d~serve. Phone C_0~,7 ,~, ~2~'--~v Date: ~/ ' Address'-Z4f 3'~To% ~'r.. - PhoneNo.: ~ )~e- ~2~ ~,- '~' Date' mhoff~No.I_ [~1",/'~5 -_ ,/~, h_) Dar,: Ad(kes~: "~.~/~ 1') ff ~/~/'t.~t- ~:/.///,/7~?~- gn 7 . -- -- Phone ~o.:.5-,~7"'~'g' Cfc'/ '~ ' ' 'rote: "Jr-/,, Phone No.: ~°/574q-7 Dine: , Name ¢)~(h Signature Address: bg..-'~/~ Ci~¢41v.~ POt ~ Phone No.: ~"~( /(~, ~tO~ Date: Name. ~e ~ro ~,~M~ ~, c~ Si~amre ..:~cO ~~ "WE THI*~ UNDER SIGNED, SUPPORT STOP QUICK MINI MART · AT 29762 RANCHO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS ·BEER & WINE LICENSE TO INCLUDE LIQUOR." Stop. Quick Mini Mart is determined and dedicated to provide its customers with the satisfaction and convenience they deserve. Name '?,~ V. o .Address: _9q~!5 Phono No.-.:' Address:. Signature' Phone No.: Phone N0.: ~' Address: t4z-':~ o Phone No..(.~? // . Ad.ess:' ~g ~a~ .5 7 Phone No. Phone No.: e, B-- tot. Iq-0 Date: Date: ~ Signatttr~(''~ Date': ', '" y~yoc-. O.O_- Date: Address:' Phone No.: Phone Nor ~1: dZc4.1L.~ ' Address: Phone No.: v o: Signature Date: Signature Date: 12--1~--2091 ~:LX3pM FROM "WE THE UNDER SIGNED, SUPPORT STOP QUICK MINI MART · AT 29762 RANCHO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." St_._op Quick Mini Mart is determined and dedicated to provide customers with the satisfaction and convenience they deserve. Address: Phone No. Address:- Phone No. Signature So~ Date:, Signature "WE Tgrl~. UNDER SIGNED, SIJ-~PORT STOP QUICK MINI MART · AT 29762 RANCHO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." ~o~> Ouick Mini Mart is determined and dedicated to provide ~:ustom,ers with the satisfaction and convenience they deserve. Phone N°.: ~'Z-$ ~ 2_.-J) '" ' Date: Phone Name Address: Phone No.: Address: ~© Phone No.: Phone No.: Date: _Signau/r~, Name Address: Phone No.: Name Datc: 'Z-~2_ 6, --O"'L Phone No. Date: Signamre.~ Phone Date: FROM P. 1 "WE Tm~, UNDER SIGNED, SUPPORT STOP QUICK MINI MART · AT 29762 RANCHO CALIFOR.NIA ROAD, TEM-I?,CULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." Stov Quick Mini Mart is de.t~nnined and dedicated to provid~ i~ customers with the satisfaction and convenience ~e¥ deserve. Name /~Cpe~,~ -7'~0~t~'gf .Si.g~¢~ Phon~No.:_~o"l- r.,qq- t"/r,~, _ f Phone No.: ~t.)q ? (,~5'z-/,~"/ . · .,; /IC Ct CX signa e /~.0(iress:_cT---i,-~j/M ff'-klltl?J _ ; . ' _. . ~__ ~ Phone No.: _q~ ~-~ oate: ~, m m- ~.~' ~ -- Nmne ~-~,~<~<'-~ V~[~<o'~z~--me--=- Signav'/re~°-~~-" Phone No.: ~' Oq - bqq ' 13 ~G Name Address; Phone No.: Dare: D. Date: 'Date: Z d q -o~ . Narlle Address: Phone No.: ~&.--/~a.~'/ Date: Phone N~.:O ? ~ ' Date: .... N~e~.~.~ ~e&~~ Si~amr~, ~ ~- 12--1~-2001 d: 2gPH FROH P. 1 "WE Tlql*~ UNDER SIGNED, SUPPORT STOP QUICK MINI MART AT 29762 RANCHO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." St_!~_0uick Mini Mart is determined and dedicated to provide its customers with flae satisfaction and convenience hhey d~serve. , / ! Phone No.:t Name Phone No.: Date: , SignatUre_ Name AddreSs: Nmne Ad.ess: Phone No.: Phone Address: Phone No.: ,.o,,~ ,.~.~, 12--1tt72001 d:29PM FROM "WE Tlt~. UNDER SIGNED, SUPPORT STOP QUICK MINI MART · AT 29762 RANCHO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." St_dp Quick Mini Mart is detea'mined and dedicated to provide its tx (l:ustomers with fl}e satisfaction and convenience thq~ deserv¢, n Phone No.: ~fof~ff~M~ Date: ~ ~ /¢ ~ A ~ Phone NO.: ..... Address: ~ ;~' ~qg~lo~ Address: ~ Phone ~. Signature Date: 12-1~-2001 ~:29PH FROH "WE Tm*. UNDER SIGNED, s~crPPORT STOP QUICK MINI MART · AT 29762 RANCHO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." St~o_p Quick Mini Mart is determined and dedicated to provide its customers with the satisfaction and convenience ~ey deserve. -Address: Date: Signature Address:. PhoneNo;: ~t95~- ~?~4- j~') ~ Date: Address: Jt./r2.~-5~ phOne No.q. ^ddreSs:. 50~ Phone No.: .Date:. Signamr~ Date: Nme £o 4- Address: Phone No.: 'Signature ~-~, /~t , Dmc: Signature Date: Signature Date: ~3' "WE Tl:~. UNDER SIGNED, SUPPORT STOP QUICK MINI MART · AT 29762 RANCHO CALIFORNIA ROAD, TEMECULA, CA 92591 TO UPGRADE ITS BEER & WINE LICENSE TO INCLUDE LIQUOR." Stop. Quick Mini Mart is determined and dedicated to provide customers with flae satisfaction and convenience hhey deserve~ PhoneNo.:C"d'ff-qlFT/ , d' Date: 2'~ez.,.c.~/., ~oa>---- Address:.~/FA2~ Phone No.: Soot- ,9 $&p-. Date: Name_dg'<.'~//;trv' ~,,~% Signature /-~-.~'--~ ~ Phone No.: ,9 ,,¢'-'P'-b-~-')L 5 o ,X-'~ -Date: b--/-o ~-- Address:~$-r~r ,¢' y ~2.4,~r28Z~)~ ' Phone No.: o';' q' ~ '- ~./.6') f" Date: .~-/; Phone No.: '_~Pb-'O~- ff¢7 a Date: .2:f,t.o /-~ 2_ ..... (-'X !i~nature PhoneNo.: c~O0~ I~,oiG'I>'~.%_~-.- Date:" t~/~/[/'~,~_ ...... Ad&eTs: l~t$o ~}/~.,z,v~ '3e~ ,~,42Z,~7~. ' '-~// ·~ .... Phone No.: '-/Ca 5'1~ ZPgoc' Datc: ~f?/'~. Phone No..~ ~'-%--06-- _%'f~ [. ~_x5--'~ Date:- l/qq4*,--O ~ Ad&ess: ~o ~ ~ ' ~'r ofl ~,.~c ~-cfi , AJ~ F'~ b Phone No.:('~)q6%~/60 Date: V')']~ [. ATTACHMENT NO. 12 LETTER REQUESTING APPROVAL OF CONDITIONAL USE PERMIT R:~Vl C U P~2002\02-0223 Stop Quick Mini Mart\Staff Report.doc 26 STOP QUICK MINI MART 29762 Rancho California Road, Temecula, CA 92591 Tel. (909) 699-7968 April26,2002 Director, Community Development Dept. 43200 Business Park Dr. Temecula, CA 92589 Dear Director, Re: CUP For Liquor License Upgrade Although I reside in Rancho San Diego, I have chosen Temecula as my place of business. I have come to realiie the-beautiful growth of the city with its state of the art shopping centers, business offices and affordable housing. Based on all those factors and the strong support of the City Administration for the business, I was very'encouraged to.have my Stop Quick Mini Mart in the Moraga Plaza Shopping Center, Temeeula. I am proud to say that my mini mart is beautifuliy designed and well stocked to meet the ffeeds and the conveniences of my customers. Stop Quick Mini Mart is determined and dedicated to provide its customers with such convenience, necessity and satisfaction that they deserve. My main goal and purpose is to have the mini mart a one stop-shopping mart. In response to my customers' inquiries and requests to upgrade my present type 20 off-sale" beer and wine license to type 21 0ffsale general liquor license, I have conducted a survey to this effort. The support has been overwhelming as evident by the 500 plus signed petitions from my customers. 1 strongly feel that there is a need for a liquor license at Stop Quick Mini Mart to satisfy, please and provide my customers with the shopping convenience that they definitely deserve. There are no other liquor licenses at this location nor there are any churches, schools, hospitals, public playgrounds, parks, and youth facilities within 600 feet of Stop Quick Mini Mart. It is also worth mentioning that this a low crime area. Based on the above, I would very much appreciate your approval of the Conditional Use Permit for an upgrade to type 21 on sale license and considering same a minor change, as there will be no major physical change at this location. This will enable Stop Quick Mini Mart purchase the type 21 liquor license to serve the necessities and convenience of its respective customers. Thank you for your cooperation and assistance in this endeavor. Sincerely, Owner, Stop Quick Mini Mart .Department of Alcoholic Beverage Control ZONING AFFIDAVIT State of California GRAY DAVIS, Governor Business. Transportation and Housing Agency MARIA CONTRgRAS-SWEET, Secmta~7 Instructions to the Applicant: Complete Items I - 14. Sign and date the form and submit it to ABC. DNo For answers to Questions 9 - 14, contact your local city O,R. county planning department (if inside the city limits, contact ~ planning; if outside, contact count~ planning, ~lrl~ Yes ijNo . ~:l Yes ENO . (?oq) ?q- 6700 'Under the penalty of perjury, I declare the information in this affidavit is true to the best of my knowledge. FOR DEPARTMENT USE ONLY ~jC.U.P. Approved [~IC.U.P. Denied GENERAL INFORMATION · Section 23790 of the Business and Professions Code says that ABC may not issue a retail license contrary to a valid zoning ordinance, Th!s form will help us determine whether your proposed business is properly zoned for alcoholic beverage sales. · A conditional usc permit (CLIP) (Item 11) is a special zoning · permit granted'after an individual review of proposed land- ,use has been made. CUP's are used in situations where the propose~, use may create hardships or hazards to neighbors and other community member~ who are likely to be affected by the proposed use. The ABC district office will not make a final recommendation on your license application until after the local'CUP review process has been completed, If th6 local government denies the CUP, ABC must deny your license application. 23790. Zoning ordinances. Ho r~tail license shall be issued v for any premises which are located in any territory where the exercise of the rights and privileges conferred by the license is contrary to a valid zoning ordinance of any county or city. ABC-255 (9/01) Premises which had been used in thc cxemisc of those . rights and privileges at a time prior to thc effective date of the zoning ordinance may continue operation under the following conditions: (a) The premises retain the same type of retail liquor license within a license classification. (b) The licensed premises are operated continuously' without su~bstantial change in mode or character of operation. For purposes of this subdivisioh, a break in continuous operation does not include: (1) A closure for not more than 30 days for purposes of repair, if that repair does not change the nature of the licensed promises and does not increase the square footage of the business used for the sale of alcoholic beverages. (2) Th~ closure for re~toration of premises rendered totally or partially inaccessible by an act of God or a toxic accident, if the restoration does not increase the square footage of the business used for the sale of alcoholic beverages. ATTACHMENT NO. 13 LETTER REQUESTING APPROVAL OF ZONING AFFIDAVIT R:~M C U P~002\02-0223 Stop Quick Mini Mart\Staff Report.doc 27 STOP QUICK MINI MART 29762 Rancho California Road, Temecula, CA 92591 Tel. (909) 699-7968 April 20, 2002 Mr. Don Hazen Senior Planner, Community Development Dept. 43200 Business Park Dr. Temecula, CA 92589 Re: Necessity & Convenience Although I reside in Rancho San Diego, I have chosen Temecula as my place of business. I have come to realize the beautiful growth of the city with its state of the art shopping centers, business offices and affordable housing. Based on all those factors and the strong support of the City Administration for the business, I was very encouraged to have my Stop Quick Mini Mart in the Moraga Plaza Shopping Center, Temecula. I am proud to say that my mini mart is beautifully designed and well stocked to meet the needs and the conveniences of my customers. Stop Quick Mini Mart is determined and dedicated to provide its customers with such convenience, necessity and satisfaction that they deserve. My main goal and purpose is to have mini mart a one stop-shopping mart. In response to my customers' inquiries and requests to upgrade my present type 20 off-sale beer and wine license to type 21 off sale liquor license, I have conducted a survey to this effort. The support has been overwhelming as exemplified by the 500 plus signed petitions from my customers. I strongly feel that there is a need for a liquor license at Stop Quick Mini Mart to satisfy, please and pro;~ide my customers with the shopping convenience that they definitely deserve. Also there are no other liquor licenses at the Moraga Shopping Plaza. Based on the above, I would very much appreciate your approval of the my zoning affidavit to enable Stop Quick Mini Mart purchase the type 21 liquor license to serve the necessities and convenience of its customers. This is a team effort between the City and its respective business cemmumty, and I am confident that my request will meet your favorable approval. I d6 believe in the City of Temecula and its Administration and I shall continue to contribute to its economic renaissance through my present business and other future businesses. Thank for your cooperation and assistance in this endeavor. Sincerely, Jalal Zora Owner, Stop Quick Mini Mart ITEM 17 APPROVAL CITY A'I-]'ORN EY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT DATE: TO: FROM: SUBJECT: January 28, 2003 City Manager/City Council Members John Meyer, Redevelopment Director Issuance of Bonds by the California Statewide Communities Development Authority for the Corporation for Better Housing Senior Housing Project RECOMMENDATION: 1. That the City Council adopt a Resolution entitled: RESOLUTION NO. 03-__ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY That the City Council adopt a Resolution entitled: RESOLUTION NO. 03-__ RESOLUTION APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF AN AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY R:~Housing 2002\CBH Tefra JPA Report 12803.doc DISCUSSION: Per Agency Board direction, staff has negotiated a Disposition and Development Agreement (DDA) with the Corporation for Better Housing (CBH) to develop a 66 unit affordable Senior Housing Project within the Pujol neighborhood. Per the terms of the agreement, CBH is proposing to use tax exempt bonds and the 4% Low-Income Tax Credit. These are the same financing mechanisms used for Mission Village. The tax-exempt bonds used to finance the project will be issued by the California Statewide Communities Development Authority (California Communities). California Communities is a statewide joint-powers authority sponsored by the California State Association of Counties and League of California Cities. California Communities is authorized to assist in the financing of multi-family affordable housing projects. Although California Communities (not the City or Agency) will be the issuer of the tax- exempt revenue bonds for the Sponsor, the financing cannot proceed without the City becoming a member of the Authority and, as the governmental entity having jurisdiction over the site, approving of the Authority's issuance of indebtedness. In order for the bonds to be issued, State law requires the City must join the Authority as a program participant and conduct a TEFRA (Tax Exempt Fiscal Responsibility Act, Internal Revenue Code of 1986) public hearing on the proposed financing. FISCAL IMPACT: There is no fiscal obligation or financial liability to the City or the Agency associated with the issuance of these bonds. Attachments: Resolution No. 03-~ (JPA) Resolution No. 03-__ (Tefra) Joint Exercise of Powers Agreement R:'xHousing 2002\CBH Tefra JPA Report 12803.doc RESOLUTION NO. 03 __ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY WHEREAS, the California Statewide Communities Development Authority (the "Authority") is authorized pursuant to the provisions of California Government Code Section 6500 et seq. and the terms of an Amended and Restated Joint Exercise of Powers Agreement, dated as of June 1, 1988 (the "Agreement"), among certain local agencies throughout the State of California, including the City of Temecula (the "City"), to issue revenue bonds in accordance with Chapter 7 of Part 5 of Division 31 of the California Health and Safety Code for the purpose of financing multifamily rental housing projects; and WHEREAS, Corporation for Better Housing (collectively, with any related entity, the "Borrower") has requested that the Authority issue multifamily housing revenue bonds in an aggregate principal amount not to exceed $3,200,000 to finance the acquisition, construction and development of a 66-unit multifamily rental housing project located at 28500 Pujol Street, Temecula, California, and generally known as Temecula Senior Apartments; and WHEREAS, the Bonds or a portion thereof will be "private activity bonds" for purposes of the Internal Revenue Code of 1986 (the "Code"); and WHEREAS, pursuant to Section 147(0 of the Code, prior to their issuance, private activity bonds are required to be approved by the "applicable elected representative" of the governmental units on whose behalf such bonds are expected to be issued and by a governmental unit having jurisdiction over the entire area in which any facility financed by such bonds is to be located, after a public hearing held following reasonable public notice; and WHEREAS, the members of this City Council (this "Council") are the applicable elected representatives of the City; and WHEREAS, there has been published, at least 14 days prior to the date hereof, in a newspaper of general circulation within the City, a notice that a public headng regarding the Bonds would be held on the date hereof; and WHEREAS, such public hearing was conducted on said date by the City Council, at which time an opportunity was provided to interested parties to present arguments both for and against the issuance of the Bonds; and WHEREAS, it is intended that this resolution shall constitute the approval of the issuance of the Bonds required by Section 147(f) of the Code and Section 9 of the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TEMECULA AS FOLLOWS: Section 1. The above recitals are true and correct. R:\Housing 2002\tefraresoZdoc Section 2. The Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the Council that this resolution constitute approval of the Bonds for the purposes of (a) Section 147(0 of the Code and (b) Section 9 of the Agreement. Section 3. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing approved hereby. Section 4. The City Clerk of the City shall forward a certified copy of this Resolution and a copy of the affidavit of publication of the hearing notice to: Ana Made del Rio, Esq. Orrick, Herrington & Sutcliffe LLP Old Federal Reserve Bank Building 400 Sansome Street San Francisco, California 94111 Section 5. This resolution shall take effect immediately upon its passage. DOCSSFI:656125.1 2 PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula, as a regular meeting held on the 28~ day of January 2003. Jeffrey E. Stone, Mayor A"]-rEST: Susan W. Jones, CMC City Clerk DOCSSFl:656125.1 3 RESOLUTION NO. 03-~ RESOLUTION APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF AN AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY WHEREAS, the City of Temecula, California (the "City"), has expressed an interest in participating in the economic development financing programs (the "Programs") in conjunction with the parties to that certain Amended and Restated Joint Exercise of Powers Agreement Relating to the California Statewide Communities Development Authority, dated as of June 1, 1988 (the "Agreement"); and WHEREAS, there is now before the City Council the form of the Agreement; and WHEREAS, the City proposes to participate in the Programs and desires that certain projects to be located within the City be financed pursuant to the Programs and it is in the public interest and for the public benefit that the City do so; and WHEREAS, the Agreement has been filed with the City, and the members of the City Council of the City, with the assistance of its staff, have reviewed said document; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TEMECULA AS FOLLOWS: SECTION 1. The Agreement is hereby approved and the Mayor or City Manager or designee thereof is hereby authorized and directed to execute said document, with such changes, insertions and omissions as may be approved by said Mayor or City Manager, and the City Clerk or such Clerk's designee is hereby authorized and directed to affix the City's seal to said documents and to attest thereto. SECTION 2. The Mayor, City Manager, the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized. SECTION 3. The City Clerk of the City shall forward a certified copy of this Resolution and an originally executed Agreement to: Ana Marie del Rio, Esq. Orrick, Herrington & Stultify LLP Old Federal Reserve Bank Building 400 Sansome Street San Francisco, CA 94111 Section 4. This Resolution shall take effect immediately upon its passage. R:kHousing 2002\CBH JPA reso.doc PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula, as a regular meeting held on the 28t~ day of January 2003. Jeffrey E. Stone, Mayor A'Iq'EST: Susan W. Jones, CMC City Clerk R:~Housing 2002\CBH JPA rcso.doc AMENDED AND RESTATED JOINT F_~I~RCISE OF POWwKS AGREEMENT P~LATING TO THE CALIFORNIA STA'~'"-WIDE COMMUNITIES DEVELOPMENT AUTHOR I ~"f THIS AGREEMENT, dated as of June 1, 1988, by and among the parties executing this Agreement (all such parties, except those which have withdrawn in accordance with Section 13 hereof, being herein referred to as the "Program Participants'): WITNESS~-rH WH~KEAS, pursuant to Title 1, Division 7, Chapter 5 of the Government Code of the State of California (the "Joint Exercise of Powers Act"), two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and WIiKRF_2%S, each of the Program Participants is.a 'public agency' as that term is defined in Section 6500 of the Government Code of the State of California, and WHERF_2~, each of the Program Participants is empowered to promote economic development, including, without limitation, the pro~otion of opportunities for the creation or retention of employment, the stimulation of economic activity, and the increase of the tax base, within its boundaries; and Wht~iF_~%S, a public entity established pursuant to the Joint Exercise of Powers Act is empowered to issue industrial development bonds pursuant to the California Industrial Development Financing Act (Title 10 (commencing with Section 91500 of the Government Code of the State of California)) (the "Act") and to otherwise undertake financing programs under the Joint Exercise of Powers Act or other applicable provisions of law to promote economic development through the issuance of bonds, notes, or other evidences of indebtedness, or certificates of participation in leases or other agreements (all such instruments being hereih collectively referred to as 'Bonds'); and WHERF_.A~, in order to promote economic development within the State of California, the County Supervisors Association of California ('CSAC'), together with the California Manufacturers Association, has established the Bonds for Industry program (the 'Program'). WHEREAS, in furtherance of the Program, certain California counties (collectively, the 'Initial Participants-) have entered into that certain Joint Exercise of Powers Agreement dated as of November 18, 1987 (the 'Initial Agreement'), pursuant to which the California Counties Industrial Development Authority has been established as a separate entity under the Joint Exercise of Powers Act for the purposes and with the powers specified in the Initial Agreement; and WHEREAS, the League of California Cities ('LCC') has determined to join as a sponsor of the Program and to actively participate in the administration of the Authority; and ~, the Initial Participants have determined to specifically authorize the Authority to issue Bonds pursuant to Article 2 of the Joint Exercise of Powers Act ('Article 2") and Article 4 of the Joint Exercise of Powers Act ("Article 4"), as well as may be authorized by the Act or other'applicable law; and WHEREAS, the Initial Participants desire to rename the California Counties Industrial Development Authority to better reflect the additional sponsorship of the Program; and WHEREAS, each of the Initial Participants has determined that it is in the public interest of the citizens within its boundaries, and to the benefit of such Initial Participant and the area and persons served by such Initial Participant, to amend and restate in its entirety the Initial Agreement in order to implement the provisions set forth above; and WHEREAS, it is the desire of the Program Participants to use a public entity established pursuant to the Joint Exercise of Powers Act to undertake projects within their respective ~urisdictions that may be financed with Bonds issued pursuant to the Act, Article 2, Article 4, or other applicable provisions of law; and ~mu~AS, the projects undertaken will result in significant public benefits, including those public benefits set forth in Section 91502.1 of the'Act, an increased level of economic activity, or'an increased tax base, and will therefore serve and be of benefit to the inhabitants of the jurisdictions of the Program Participants; NOW, THEREFORE, the Program Participants, for and in consideration of the mutual promises and agreements herein contained, do agree to amend and restate the Initial Agreement in its entirety to provide as follows: Section This Agreement is made pursuant to the provisions of the Joint Exercise of Powers Act, relating to the joint exercise of powers common to public agencies, in this case being the Program Participants. The Program Participants each possess the powers referred to in the recitals hereof. The purpose of this Agreement is to establish an agency for, and with the purpose of, issuing Bonds to finance projects within the territorial limits of the Program Participants pursuant to the Act, Article 2, Article 4, or other applicable provisions of law; provided, however that nothing in this Agreement shall be construed as a limitation on the rights of the Program Participants to pursue economic development outside of this Agreement, including the rights to issue Bonds through industrial development authorities under the Act, or as otherwise permitted by law. Within the various jurisdictions of the Program Participants such purpose will be accomplished and said powers exercised in the manner hereinafter set forth. Section 2. Term. This Agreement shall become effective in accordance with Section 18 as of the date hereof and shall continue in full force and effect for a period of forty (40) years from the date hereof, or nntil such time as it is terminated in writing by all the Program Participants; provided, however, that this Agreement shall not terminate or be terminated until the date on which all Bonds or qther indebtedness issued or caused to be issued by the Authority shall have been retired, or full provision shall have been made for their retirement, including interest until their retirement date. Section 3. ~. A. CREATION ~ POWERS OF AUTHORITY. (1) Pursuant to the Joint Exercise of Powers Act, there is hereby created a public entity to be known as the 'California Statewide Communities Development Authority' (the "Authority"), and said Authority shall be a public entity separate and apart from the Program Participants. Its debts, liabilities and obligations do not constitute debts, liabilities or obligations of any party to this Agreement. B. COMMISSION. The Authority shall be administered by a Commission (the 'Commission") which shall consist of seven members, each serving in his or her zndividual capacity as a member of the Commission. The Commission shall be the administering agency of this Agreement, and, as such, shall be vested with the powers set forth herein, and shall execute and administer this Agreement in accordance with the purposes and functions provided herein. Four members of the Commission shall be appointed by the governing body of CSAC and three members of the Commission shall be appointed by the governing body of LCC. Initial members of the Commission shall serve a term ending June 1, 1991. Successors to such members shall be selected in the manner in which the respective initial ~ember was selected and shall serve a term of three years. Any appointment to fill an unexpired term, however, shall he for such unexpired term. The term of office specified above shall be applicable unless the term of office of the respective member is terminated as hereinafter provided, and provided that the term of any member shall not expire until a successor thereto has been appointed as provided herein. Each of CSAC and LCC may appoint an alternate member of the Commission for each member of the Commission which it appoints. Such alternate member may act as a member of the Commission in place of and during the absence or disability of such regularly appointed member. All references in this Agreement to any member of the Commission shall be deemed to refer to and include the applicable alternate member when so acting in place of a regularly appointed member. Each member or alternate member of the Commission may be removed and replaced at any time by the governing body ' by which such member was appointed. Any individual, including any member of the governing body or staff of CSAC or LCC, shall be eligible to serve as a member or alternate member of the Corm~ission. Members and alternate members of the Commission shall not receive any compensation for serving as such but shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a member or alternate member, if the Commission shall determine that such expenses shall be reimbursed and there are unencumbered funds available for such purpose. C. OFFICERS; DUTIES; OFFICIAL BONDS. The Commission shall elect a Chair, a Vice-Chair, and a Secretary of the Authority from among its members to serve for such term as shall be determined by the Commission. The Commission shall appoint one or more of its officers or e~ployees to serve as treasurer, auditor, and controller of the Authority (the 'Treasurer") pursuant to Section 6505.6 of the Joint Exercise of Powers Act to serve for such term as shall be determined by the Commission. Subject to the applicable provisions of any resolution, indenture or other instrument or proceeding authorizing or securing Bonds (each such resolution, indenture, instrument and proceeding being herein referred to as an 'Indenture") providing for a trustee or other fiscal agent, the Treasurer is designated as the depositary of the Authority to have custody of all money of the Authority, from whatever source derived. The Treasurer of the Authority shall have the powers, duties and responsibilities specified in Section 6505.5 of the Joint Exercise of Powers Act. The Treasurer of the Authority is designated as the public officer or person who has charge of, handles, or has access to any property of the Authority, and such officer shall file an official bond with the Secretary of the Authority in the amount specified by resolution of the Commission but in no event less than $1,000. If and to the extent permitted by law, any such officer may satisfy this requirement by filing an official bond in at least said amount obtained in connection with another public office. The Commission shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants. The Commission shall have the power, by resolution, to the extent permitted by the Joint Exercise of Powers Act or any other applicable law, to delegate any of frs functions to one or more of the members of the Commission or officers or agents of the Authority and to cause any of said members, officers or agents.to take any actions and execute any documents or instruments for and in the name and on behalf of the Commission or the Authority. D. MEETINGS OF THE COM~ISSION. The Commission shall provide for its regular meetings; provided, however, it shall hold at least one regular meeting each year. The date, hour and place of the holding of the regular meetings shall be fixed by resolution of the Commission and a copy of such resolution shall be filed with each party hereto. 5 Special meetings of the Commission may be called in accordance with the provisiona of Section 54956 of the Government Code of the State of California. (3) RalPh M. Brown Act. All meetings of the Commission, including, without limitation, regular, adjourned regular, special, and adjourned special meetings shall be called, noticed,'held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code of the State of California). (4) The Secretary of the Authority shall cause to he kept minutes of the regular, adjourne~ regular, special, and adjourned special meetings of the Commission and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Commission. A majority of the members of the Commission which includes at least one member appointed by the governing body of each of CSAC and LCC shall constitute a quorum for the transaction of business. No action may be take~ by the Commission except upon the affirmative vote of a majority of the members of the Commission which includes at least one member appointed by the governing body of each of CSAC and LCC, except that less than a quorum may adjourn a meeting to another time and place. E. RULES AND REGULATIONS. The Authority may adopt, from time to time, by resolution of the Commission such rules and regulations for the conduct of its meetings and affairs as may be required. Section 4. Powers. The Authority shall have any and all powers relating to economic development authorized by law to each of the parties hereto and ~eparately to the public entity herein created, including, without limitation, the promotion of opportunities for the creation and retention of employment, the stimulation of economic activity, and the increase of the tax base, within the jurisdictions of such parties, such powers shall include the common powers specified in this Agreement and may be exercised in the manner and according to the method provided in this Agreement. All such powers common to the parties are specified as powers of the Authority. The Authority is hereby authorized to do all acts necessary for the exercise Of such powers, including, but not limited to, any or all of the following: to make and enter into contracts; to employ agents and employees; to acquire, construct, provide for maintenance and operation Of, or maintain and operate, any buildings, works or improvements; to acquire, hold or dispose of property wherever located; to incur debts, liabilities or obligations; to receive gifts, contributions and donations of property, funds, services and other forms of assistance from persons, firms, corporations and any governmental entity; to sue and be sued in its own name; and generally to do any and all things necessary or convenient to the promotion of economic development, including without limitation the promotion of opportunities.for the creation or retention of employment, the stimulation of economic activity, and the increase of the tax base, all as herein contemplated, without limiting the generality of the foregoing, the Authority may issue or cause to be issued bonded and other indebtedness, and pledge any property or revenues as security to the extent permitted under the Joint Exercise of Powers Act, including Article 2 and Article 4, the Act or any other applicable provision of law. The manner in which the Authority shall exercise its powers and perform its duties is and shall be subject to the restrictions upon the manner in which a California county could exercise such powers and perform such duties until a California general law city shall become a Program Participant, at which time it shall be subject to the restrictions upon the manner in which a California general la~ city could exercise such powers and perform such duties. The manner in which the Authority shall exercise its powers and perform its duties shall not be subject to any restrictions applicable to the manner in which any other public agency could exercise such powers or perform such duties, whether such agency is a party to this Agreement or not. Section 5. ~. For the purposes of this Agreement, the term "Fiscal Year" shall mean the fiscal year as established from time to time by the Authority, being, at the date of this Agreement, the period from July 1 to and including the following June 30. except for the first Fiscal Year which shall be the period from the date of this Agreemen~ to June 30, 1988. Section 6. Disposition of Assets. At the end of the term hereof or upon the earlier termination of this Agreement as set forth in Section 2 hereof, after payment of all expenses and liabilities of the Authority, all property of the Authority both real and personal shall automatically vest in the Program Participants and shall thereafter remain the sole property of the Program Participants; provided, however, that any surplus money on hand shall be returned in proportion to the contributions made by the Program Participants. Section 7. Bo~ds. The Authority shall issue Bonds for the purpose of exercising its powers and raising the funds necessary to carry out its purposes under this Agreement. Said Bonds may, at the discretion of Authority, be issued in series. The services of bond counsel, financing consultants and other consultants and advisors working on the projects and/or their financing shall be used by the Authority. The fees and expenses of such counsel, consultants, advisors, and the expenses Of CSAC, LCC, and the Commission shall be paid from the proceeds of the Bonds or any other unencumbered funds of the Authority available for such purpose. Section 8. ~onds Only Limit~l end S~ecial Obliaa~ions of Authority. The Bonds, together with the interest and premium, if any, thereon, shall not he deemed to constitute a debt of any Program Participant, CSAC, or I~CC Or pledge of the faith and credit of the Program Participants, CSAC, LCC, or the Authority. The Bonds shall be only special obligations of the Authority, and the Authorit~ shall under no circumstances he obligated to pay the Bonds or the respective project costs except from revenues and other funds pledged therefor. Neither the Program Participants, CSAC, ICC, nor the Authority shall be obligated to pay the principal of, premium, if any, or interest on the Bonds, or other costs incidental thereto, except from the revenues and funds pledged therefor, and neither the faith and credit nor the taxing power of the Program Participants nor the faith and credit of CSAC, LCC, or the Authority shall be pledged to the payment of the principal o£, premium, if any, or interest on the Bonds nor shall the Program Participants, CSAC, LCC, Or the Authority in any manner be obligated to make any appropriation for such payment- No covenant or agreement contained in any Bond or Indenture shall be deemed to be a covenant or agreement of any member of the Commission, or any officer, agent or employee of the Authority in his individual capacity and neither the Commission of the Authority nor any officer thereof executing the Bonds shall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds. Section 9. ~. A copy of the application for financing of a project shall be filed by the Authority with the Program Participant in whose jurisdiction the project is to be located. The Authority shall not issue Bonds with respect to any project unless the governing body of the Program Participant in whose jurisdiction the project is to be lOcated, or its duly authorized designee, shall approve, conditionallyor unconditionally, the project, including the issuance of Bonds therefor. ACtion to approve or disapprove a project shall be taken within 45 days of the filing with the Program Participant. Certification of approval or disapproval shall be made by the clerk of the governing body of the Program Participant, or by such other officer as may be designated by the applicable Program Participant, to the Authority. Section 10. Accounts and RePorts. All funds of the Authority shall be strictly accounted for. The Authority shall establish and maintain such funds and accounts as may be required by good.accounting practice and by any provision of any Indenture (to the extent such duties are not assigned to a trustee of Bonds). The books and records of the Authority shall he open to inspectio~ at all reasonable times by each Program Participant. The Treasurer of the Authority shall cause an independent audit to be made of the books of accounts and financial records of the Agency by a certified public accountant or public accountant in compliance with the provisions of Section 6505 of the Joint Exercise of Powers Act. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California and shall conform to generally accepted auditing standards. When such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as public records with each Program Participant and also with the county audito~ of each county in which a Program Participant is located. Such report shall be filed within 12 months of the end of the Fiscal Year or Years under examination. Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants in making an audit pursuant to this Section, sba1! De borne Dy the Authority and shall be a charge against any unencumbered funds of the Authority available for that purpose. In any Fiscal Year the Commission may, by resolution adopted by unanimous vote, replace the annual special audit with an audit covering a two-year period. The Treasurer of the Authority, within 120 days after the close of each Fiscal Year, shall give a complete written repor~ of all.financial activities for such Fiscal Year to each of the Program Participants to the extent such activities are not covered by the reports of the trustees for the Bonds..The trustee appointed under each Indenture shall establish suitable funds, furnish financial reports and provide suitable accounting procedures to carry out the provisions of said Indenture. Said trustee may be given such duties in said Indenture'as may be desirable to carry out this Agreement. Section 11. Funds. Subject to the applicable provisions of each Indenture, which may provide for a trustee to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds pursuant to the accounting procedures developed under Section 10 hereof, and shall make the flisbursements required by this Agreement or otherwise necessary to carryout any of the provisions or purposes of this Agreement. Section 12. Not~ces. Notices and other communications hereunder to the Program Participants shall be sufficient if delivered to the clerk of the governing body of each Program Participant. ~ection 1~. Wi~hdrawal and Addition o[ Parties. A Program Participant may withdraw from this Agreement upon written notice to the Commissionl provided, however, that no such withdrawal shall result in the dissolution of the Authority so long as any Bonds remain outstanding under an Indenture. Any such withdrawal shall be effective only upon receipt of the notice of withdrawal by the Commission which shall acknowledge receipt of such notice of withdrawal in writing and shall file such notice as an amendment to this Agreement effective upon such filing. Qualifying public agencies may be added as parties to this Agreement and become Program Participants upon: (i) the filing by such public agency of an executed counterpart of this Agreement, together with a certified copy of the resolution Of the governing body of such public agency approving this Agreement and the execution and delivery hereof; and (ii) adoption of a resolution of the Commission approving the addition of such public agency as a Program Participant. Upon satisfaction of such conditions, the Commission shall file such executed counterpart of this Agreement as an amendment hereto, effective upon such filing. Section 14. ' ' ' · To the full extent permitted by law, the Commission may authorize indemnification by the Authority of any person who is or was a member or alternate member of the Commission, or an officer, employee or ether agent of the Authority, and' who was or is a party or is threatened to he made a party to a proceeding by reason of the fact that such person is or was such a member or alternate member of the Commission, or an officer, employee or other agent of the Authority, against expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith and in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful and, in the case of an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. 15. Contributions and Advances. Contributions or advances of public funds and of the use of personnel, equipment or property may be made'to the Authority by the parties hereto for any of the purposes of this Agreement. Payment of public funds may be made to defray the coat of any such contribution. Any such advance may be made subject to repayment, and in such case shall be repaid, in the manner agreed upon by the Authority and the party making such advance at the time of such advance. Section All of the privileges and immunities from liabilities, exemptions from laws, ordinances and rules, all pension, relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents or employees of Program Participants when performing their respective functions within the territorial limits of their respective public agencies, shall apply to them to the same degree and extent while engaged as members of the Cormuission or otherwise as an officer, agent or other representative of the Authority or while engaged in the performance of any of their functions or duties extraterritorially under the provisions of this Agreement. Section 17. ~. Except as provided in Section 13 above, this Agreement shall not be amended, modified, or altered except by. a written instrument duly executed by each of the Program Participants. Section This Agreement shall become effective and be in full force and effect and a legal, valid and binding obligation of each of the Program Participants at 9:00 a.m., California time, on the date that the Commission shall have received from each of the Initial Participants an executed counterpart of this Agreement, together with a certified copy of a resolution of the governing body of each such Inltial Participant approving this Agreement and the execution and delivery hereof. Section 19. partial Invalidit"~. If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent De adjudged invalid, unenforceable, void or voidable for ant reason whatsoever by ? court of competent . jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by'law. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expressly provided herein, no party may assign any right or obligation hereunder without the consent of the other parties. Section This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 12 The-section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. This Agreement is made in the State of California, under the Constitution and laws of such state and is to be so construed. This Agreement is the complete and exclusive statement of the agreement among the parties hereto, which supercedes and merges all prior proposals, understandings, and other agreements, including, without limitation, the Initial Agreement, whether oral, written, or implied in conduct, between and among the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized, and their official aeals to be hereto affixed, as of the day and year first above written. Program Participant: [SEAL] ATTEST: By Name: Title: By Name: Title: 13 ITEM 18 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE-~,(.~_ CITY MANAGER City ManagedCity Council ~A~/1A/illiam G. Hughes, Director of Public Works/City Engineer January 28,2003 Consideration of Adoption of Resolution of Necessity for the Acquisition in Eminent Domain of Property for Street Improvements and for Temporary Construction Easements in Connection with the Diaz Road Realignment Project, Project No. PW95-27. APN 921-040-028 - Morter Properly RECOMMENDATION: That the City Council: Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from staff the evidence stated and referred to in this Report, take testimony from any person wishing to be heard on issues A, B, C and D below, and consider all the evidence to determine whether to adopt the proposed Resolution, which requires a unanimous or 4/5ths vote. If the City Council finds, based upon the evidence contained in and referred to in this Report, the testimony and comments received in this headng, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then the staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 2003- (which requires a 4/5ths vote of the entire Council) and authorize that an eminent domain proceeding be filed to acquire Certain Property Interests ("Subject Property Interest") in the real property consisting of a fee simple as well as a temporary construction easement interest in a portion of the real property commonly known as Assessor's Parcel No. 921-040-028 and more fully described in the attached Exhibits. Specifically, the legal description of the acquisition of the fee simple interest sought to be acquired on podions of the real property identified as Assessor's Parcel Number 921-040- 028 is attached as Exhibit "A" and depicted on the map attached as Exhibit "B". The legal description of the acquisition of the temporary construction easement interest is attached as Exhibit "A-I" and depicted on map attached as Exhibits "B-I" and "C". 1 R:agdrpt~003\012803/PW95-27,Reso_Morter Adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF NECESSITY OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE PROPOSED DIAZ ROAD REALIGNMENT PROJECT As a resolution, if approved, approve a warrant payable to the Clerk of the Coud, Riverside County in the amount of $129,190.00 for deposit in court to obtain an order of possession of the Jerry R. Morter and Linda C. Morter property interests. 5. Authorize the City Manager to execute all necessary documents. BACKGROUND: The Diaz Road Realignment project consists of the realignment of Diaz Road to the intersection of Rancho California Road at Vincent Moraga Drive. Improvements will include approximately 4200 feet of four-lane roadway, with traffic signals at the new intersection as well as at Diaz Road and Rancho Way. The purpose of the Project is to improve the area circulation west of Murrieta Creek and to alleviate peak hour congestion at Rancho California Road west of Jefferson Avenue. Relocation of the signal to Vincent Moraga Drive is necessary to achieve sufficient stacking room west of the signalized intersection at Old Town Front Street during PM peak hours and to allow for more efficient use of the intersections west of Old Town Front Street. In addition, the proposed signal at Vincent Moraga Drive is needed as part of the Phase I for the Western Bypass and for anticipated future development in the Old Town area and the County. The Subject Property Interest is sought for a public purpose, namely to obtain additional right-of-way along Diaz Road north of Rancho California Read necessary to accommodate the new road alignment, and all purposes necessary and convenient thereto pursuant to Government Code Sections 37350, 37350.5, 37351,37353, 40401 and 40404 and California Code of Civil Procedure Sections 1240.010 through 1250.050 and 1240.110, 1240.120, 1240.150, 1240.160, 1250.510, 1240.610, 1240.650, and other provisions of law. The Subject Property Interest is located in the City of Temecula, County of Riverside, California. This Subject Property Interest is a portion of the real property commonly known as Assessor's Parcel No. 921-040-028, and more fully described in the attached Exhibits. Specifically, the legal description of the acquisition of the fee simple interest sought to be acquired on portions of the real property identified as Assessor's Parcel Number 921-040-028 is attached as Exhibit "A' and depicted on the map attached as Exhibit "B". The legal description of the acquisition of the temporary construction easement interest is attached as Exhibit "A-I" and depicted on maps attached as Exhibits "B-I" and "C". 2 R:agd~t~2003\012803/PW95-27.ResoM0rter The potential environmental impacts of the Project have been studied and analyzed by the City. On November 12, 2002, the City of Temecula approved a Negative Declaration regarding the construction of the Diaz Road Realignment Project and duly filed a Notice of Determination thereof (Negative Declaration EA-68). Pursuant to Government Code Section 7262 et seq., the City obtained a fair market value appraisal of the Subject Property Interest, set just compensation in accordance with the appraised fair market value and extended a written offer letter to the record title owner of the subject property, Jerry R. Morter and Linda C. Morter, on November 25, 2002. A true and correct copy of the offer letter is on file with the City. To date however, no negotiated purchase has been consummated, and the schedule for the proposed Project requires that the City Council consider the proposed Resolution of Necessity at this time. To adopt the proposed Resolution of Necessity, the City Council must find and determine that: A. The public interest and necessity require the project; B. The project is planned or located in the manner that will be compatible with the greatest public good and least private injury; C. The Subject Property Interest described in the Resolution of Necessity is necessary for the Project; D. The fair market value offer required by Section 7267.2 of the Government Code has been made to the owner of record of the property sought to be acquired. This hearing relates to Issues A, B, C and D above. A. The Public interest and Necessity Require the ProJect Due to increased traffic volumes, the current location of the signalized intersection at Diaz Road and Rancho California Road no longer allows sufficient stacking room distance west of Old Town Front Street. The close proximity of the two intersections inhibits adequate traffic access to Rancho California Road from Diaz Road resulting in excessive congestion at the current intersection during PM peak hours. As a result, the City is proposing to relocate the current Diaz Road intersection to Vincent Moraga Drive located west of the current Diaz Road location to increase traffic stacking room and to allow signalized access to Rancho California Road at Vincent Moraga Drive. The Project is Planned or Located in the Manner that will be Compatible with the Greatest Public Good and Least Private Injury The Project has been planned and located to alleviate the growing traffic congestion west of Murrieta Creek along Rancho California Road and to improve access to Rancho California Road (and the freeway) for the business park properties located west of the Creek including the subject property. The proposed signal at Vincent Moraga Drive is also necessary to accommodate future traffic generated by the Phase I of the Western Bypass and for anticipated development in the Old Town area and the County. 3 R:agdrpt~2003\O12803?PW95-27.Rcso_Mortcr The City's design has configured the realigned roadway to minimize the impact on the subject property while at the same time achieving a new roadway configuration that meets design speed requirements for a Major Highway classification (Diaz Road). The Subject Property Interests Described in the Resolution of Necessity are necessary for the Project The proposed acquisition of the subject property interests described in the Resolution is necessary for the Project as planned and designed. These interests include acquisitions in fee simple for the right-of-way and temporary construction easements. Although the majority of the new right-of-way required by the project is located within City-owned property, additional property for right-of-way is required for constructing roadway curves necessary to connect the existing Diaz Road to the new intersection. The Offer Required by Section 7267.2 of the Government Code has been made to the Owner of Record of the Property Sought to be Acquired Pursuant to Government Code Section 7262 et seq., the City obtained a fair market value appraisal of the Subject Property Interest, set just compensation in accordance with the appraised fair market value, and extended a written offer letter to Jerry R. Morter and Linda C. Morter, the owner of record of the Subject Property Interests on November 25, 2002. A true and correct copy of the offer letter is on file with the City. The owner of record has not formally responded to the City's offer. To date, no negotiated purchase has been consummated and the schedule for the proposed project requires that the City Council consider the proposed Resolution of Necessity at this time. Adoption of the Resolution of Necessity requires at least a four/fifths (4~5) vote of the City Council. FISCAL IMPACT: The right-of-way acquisition for the Diaz Road Realignment Project is funded by Capital Project Reserves, Measure A Funds and Developer Impact Fees. Adequate funds are available in Account No. 210-165-632-5604 for the deposit amount of $129,190.000. ATTACHMENTS: 2. 3. 4. Resolution No. 2003- Exhibits "A" and "B" - Right-of-Way Exhibits "A-1 ", and "B-1" - Temporary Construction Easements Exhibits "C" - TCE Construction Area 4 R:agdrpt~2003\012803/PW95-27.Reso_Mor[er RESOLUTION NO. 2003- A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE DIAZ ROAD REALIGNMENT PROJECT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City of Temecula is a municipal corporation in the County of Riverside, State of California. Section 2. The property interests described generally in Section 3 of this Resolution and more particularly described in Exhibits A, B, A-1 and B-1 of this Resolution ("Subject Property Interests"), are to be taken for a public use, namely for the Diaz Road Realignment Project, construction of said project, and all purposes necessary or convenient thereto, pursuant to the authority conferred on the City of Temecula by eminent domain by California Constitution Article I Section 19, and California Government Code Sections 37350, 37350.5, 40401,40403 and 40404 and California Code of Civil Procedure Sections 1240.010 through, 1240.050; and 1240.110, 1240.120, 1240.150, 1240.160, 1240.410, 1240.510, 1240.610, 1240.650, and other previsions of law. Section 3. The Subject Property Interests sought to be taken ara located in the City of Temecula, County of Riverside, State of California, and are portions of a larger parcel identified by Assessors Parcel Number 921-040-028. The Subject Property Interests sought to be taken are more particularly described in Exhibits A, B, A-l, and B-1 to this Resolution, which are incorporated by this reference. Section 4. The City Council of the City of Temecula finds and determines that: A. The acquisition of the Subject Property Interests is required for the Diaz Road Realignment Project ("the Project"). A general description of the Project is set forth in the Agenda Report dated January 14, 2003. B. The potential impacts of the acquisition of the Subject Property Interests were analyzed in connection with the analysis of the construction of the Diaz Road Realignment Project. On November 12, 2002, the City of Temecula approved a Negative Declaration regarding the construction of the Diaz Road Realignment Project and duly filed a Notice of Determination thereof (Negative Declaration EA-68). Section 5. The City Council of the City of Temecula hereby finds and determines that: A. The public interest and necessity require the proposed project; B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 5 R:agd~t~003\012803/PW95-27.Reso_Morler C. The property interests described in Exhibits A, B, A-l, and B-1 are necessary for the proposed project; and D. The offer required by Section 7267.2 of the Government Code has made to the owners of record. Section 6. The findings and declarations contained in this Resolution are based on the record before the City Council on January 14, 2003 when it adopted this Resolution, including the Agenda Report dated January 14, 2003, all documents incorporated in the Agenda Report, the testimony at the hearing, the records and documents prepared in connection with the Project, the testimony and evidence presented at hearings related to the Project, and the public records of the City pertaining to the Project, all of which are incorporated in this Resolution by this reference. Section 7. The City of Temecula hereby authorizes and directs Richards, Watson & Gershon, as City Attorney, to take all steps necessary to commence an action in a court of competent jurisdiction to acquire by eminent domain the property interests described in this Resolution. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 14th day of January, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2003-~ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 14th day of January, 2003, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk R:agdrpt~2003\012803/~W95-27,Reso_Mor~cr EXHIBIT LEGAL DESCRIPTION FOR RIGHT-OF-WAY DEDICATION DIAZ ROAD BEING A PORTION OF BLOCK 2 OF THE PAUBA LAND AND WATER CCX~PANY'S SUBDIVISION OF THE TEMECULA ~ IN THE C~TY OF TEMEcUI.A, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK tl, PAGE 507 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CA, UFORNIA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY MOST CORNER OF PARCEL 1 OF PARCEL MAP 19580, AS SHOWN ON ^ MAP FILED IN BOOK 154 AT PAGES 92 THROUGH 96, RECORDS OF RIVERSIDE COUNTY, CAMFORNIA, ~SAID POINT BEING ON THE VVESTERLY RIGHT-OF-WAY OF DIAZ ROAD;, THENCE SOUTH 47°01'03.' WEST, 134.57 FEET ALONG THE NORTH ENE OF SAID PARCEL 1 TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RA/XUS OF 800.00 FEET, A RADIAL UNE THROUGH SAID POINT BEARS SOUTH 76°19'29- EAST; THENCE'NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32°06'51', AN ARC LENGTH OF 448.40 FH.- 1 TO A POINT ON SAID WESTERLY RIGHT-OF-.VVAY OF DIAZ ROAD, A RADIAL ENE THROUGH SAID POINT BEARS NORTH 71'33'39' EAST; THENCE SOUTH 18°26'21' EAST, 369.39 FEET ALONG SAiD WESTERLY RIGHT-OF-WAY OF DIAZ ROAD TO THE POINT OF BEGINNING. · CONTAINING 13,363.433 SQUARE FEET OR 0.307 ACRES MORE OR LESS. THE DESCPJPTION ALSO BEING sHOWN ON THE A'Fi'ACHED "EXHIBIT 13' AND THEREBY BEING MADE A PART HEREOF. . PREPARED UNDER MY SUPERVISION: PROFESSIONAL LAND SURVEYOR NO. 7t71 EXPIRES 12-31-2003 Page I o(1 Apd116, 2002 BY: R. Pisa CK'D BY: B. Fox f-C:~My Dcx:ume~ts~egal~Diaz Roa( EXHIBIT "E,5' N~.A--0.~07 ACRES, ~X.. //APN 921-O40-028 ~PAUBA LAND & " : ' I ~~ ~ P~BY: I ~2~ ~NE~ P~ ~. /~¥~ g. ~e.~ I ~2 CA~T~ ~ ~ ~~~7 F~ (909) 766-8942 E-M~L ~cozad. c~ I (760) 451-~21 ~~/7/~ EXHIBIT "A-I" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT DIAZ ROAD BEING A PORTION OF BLOCK 2 OF THE PAUBA LAND AND WATER. COMPANY'S SUBDMSION OF THE TEMECULA RANCHO IN THE crrY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY ' MAP ON FII.F. IN BOOK 11, PAGE 507 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CAI JFORNIA BEING MORE PARTICULARLY DESCRIEED AS FOLLOWS: BEGINNING AT THE NORTHERLY MOST CORNER OF PARCEL 1 OF PARCEL MAP 19580, AS SHOWN ON A MAP FII.~.D IN BOOK 154 AT PAGES 92 THROUGH 96, RECORDS OF RIVERSIDE COUNTY, CAI.I~ORNIA, SAID POINT BEING ON THE WESTERLY RIGItT-OF-WAY OF DIAZ ROAD; THENCE SOUTH 47°01'03" WEST, 134.57 FEET ALONG THE NORTH LINE OF SAID PARCEL 1 TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 800.00 FI~.I~T, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 76°19'29" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 76o19'29'' WEST, 40.25 ~ ALONG SAID RADIAL LINE TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 760 FEET, THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17o20'59", AN ARC I.RNGTH OF 225.74 PEET. THENCE ALONG A RADIAL LINE BEARING NORTH 86°19'32'' EAST, 40.00 FEET TO A POINT ON SAID CURVE HAVING A RADIUS OF 800.00 FRk-'T; THENCE SOUll4RRLY ALONG SAID CURVE HAVING A RADIUS OF 800.00 FEET THROUGH A CENTRAL ANGLE OF 17°20'59'', AN ARC 1 ,RNGTH OF 242.25' FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 9,359.67 SQUARE FEET OR .215 ACRES MORE OR LESS. THE DESCRIPTION ALSO BEING SHOWN ON THE ATrACHED "EXHIBIT B-I" AND THEREBY BEING MADE A PART HEREOF. PREPARF. D UNDER MY SUPERVISION: RONAI.D J. PARKS DEPUTY DIRECTOR OF PUBLIC WORKS REGISTERF. D CIVIL ENGINEER NO. 19744 EXPIRES 9-30-05 "'~EXHIBIT "E/ 1" LINE TABLE I~1~ -- I~ BEIt~ I~ ~ = 9359.67 S(~ARE Fu:t OR 215 ~ MORE OR ~ ,,P.O.B. NLY MOST O:~a~R OF (Pa ~ ~/92--~) /#~/ ',' / ~.~ /'5 JERRY R. MOR'fLK AND UNDA C. MOMte.~ CITY OF TEMECULA 4.5200 BUSINESS PARK DR. TEMECULA, CA 92590 (909) 694-6411 CITY OF TEMECULA EXHIBIT FOR: TEMPORARY CONSTRUCTION EASEMI~NT 28075 DIAZ' ROAD UJ 0 (~r~vs) (]NV O0 '0 ITEM 19 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT City ManagedCity Council "~4tWilliam G. Hughes, Director of Public Works/City Engineer January 28, 2003 Consideration of Adoption of Resolution of Necessity for the Acquisition in Eminent Domain of Property for Street Improvements and for Temporary Construction Easements in Connection with the Diaz Road Realignment Project, Project No. PW95-27. APN 921-020-039 - Massie Property RECOMMENDATION: That the City Council: Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from staff the evidence stated and referred to in this Report, take testimony from any person wishing to be heard on issues A, B, C and D below, and consider all the evidence to determine whether to adopt the proposed Resolution, which requires a unanimous or 4/5ths vote. If the City Council finds, based upon the evidence contained in and referred to in this Report, the testimony and comments received in this hearing, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then the staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 2003- (which requires a 4/5ths vote of the entire Council) and authorize that an eminent domain proceeding be filed to acquire Certain Property Interests ("Subject Property Interest") in the real property consisting of a fee simple as well as a temporary construction easement interest in a portion of the real property commonly known as Assessor's Parcel No. 921-020-039 and more fully described in the attached Exhibits. Specifically, the legal description of the acquisition of the fee simple interest sought to be acquired on portions of the real property identified as Assessor's Parcel Number 921-020- 039 is attached as Exhibit "A" and depicted on the map attached as Exhibit "B". The legal description of the acquisition of the temporary construction easement interest is attached as Exhibit "A-I" and depicted on maps attached as Exhibits "B-1 ", "C-1" and "C-2". R:agdrpt~2003\012803~PW95-27.Reso_Massie 3. Adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF NECESSITY OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE PROPOSED DIAZ ROAD REALIGNMENT PROJECT As a resolution, if approved, approve a warrant payable to the Clerk of the Court, Riverside County in the amount of $5,397.00 for deposit in court to obtain an order of possession of the Wiima M. Massie property interests. 5. Authorize the City Manager to execute all necessary documents. BACKGROUND: The Diaz Road Realignment project consists of the realignment of Diaz Road to the intersection of Rancho California Road at Vincent Moraga Drive. Improvements will include approximately 4200 feet of four-lane roadway, with traffic signals at the new intersection as well as at Diaz Road and Rancho Way. The purpose of the Project is to improve the area circulation west of Murrieta Creek and to alleviate peak hour congestion at Rancho California Road west of Jefferson Avenue. Relocation of the signal to Vincent Moraga Drive is necessary to achieve sufficient stacking room west of the signalized intersection at Old Town Front Street during PM peak hours and to allow for more efficient use of the intersections west of Old Town Front Street. In addition, the proposed signal at Vincent Moraga Drive is needed as part of the Phase I for the Western Bypass and for anticipated future development in the Old Town area and the County. The Subject Property Interest is sought for a public purpose, namely to obtain additional right-of-way at the northwest corner of Rancho California Road and Business Park Drive necessary to accommodate the new road alignment, and all purposes necessary and convenient thereto pursuant to Government Code Sections 37350, 37350.5, 37351, 37353, 40401 and 40404 and California Code of Civil Procedure Sections 1240.010 through 1250.050 and 1240.110, 1240.120, 1240.150, 1240.160, 1250.510, 1240.610, 1240.650, and other provisions of law. The Subject Property Interest is located in the City of Temecula, County of Riverside, Califomia. This Subject Property Interest is a portion of the real property commonly known as Assessor's Parcel No. 921-020-039, and more fully described in the attached Exhibits. Specifically, the legal description of the acquisition of the fee simple interest sought to be acquired on portions of the real property identified as Assessor's Parcel Number 921-020-039 is attached as Exhibit "A" and depicted on the map attached as Exhibit "B". The legal description of the acquisition of the temporary construction easement interest is attached as Exhibit "A-I" and depicted on maps attached as Exhibits "B-1 ", "C-1" and "C-2". The potential environmental impacts of the Project have been studied and analyzed bythe City. On November 12, 2002, the City of Temecula approved a Negative Declaration regarding the construction of the Diaz Road Realignment Project and duly filed a Notice of Determination thereof (Negative Declaration EA-68). 2 R:agdvptL2003\012803~PW95-27.Reso_Massie Pursuant to Government Code Section 7262 et seq., the City obtained a fair market value appraisal of the Subject Property Interest, set just compensation in accordance with the appraised fair market value and extended a written offer letter to the record title owner of the subject property, Wilma M. Massie, on November 25, 2002. A true and correct copy of the offer letter is on file with the City. To date however, no negotiated purchase has been consummated, and the schedule for the proposed Project requires that the City Council consider the proposed Resolution of Necessity at this time. To adopt the proposed Resolution of Necessity, the City Council must find and determine that: A. The public interest and necessity require the project; B. The project is planned or located in the manner that will be compatible with the greatest public good and least private injury; C. The Subject Property Interest described in the Resolution of Necessity is necessary for the Project; D. The fair market value offer required by Section 7267.2 of the Government Code has been made to the owner of record of the property sought to be acquired. This headng relates to Issues A, B, C and D above. A. The Public Interest and Necessity Require the Project Due to increased traffic volumes, the current location of the signalized intersection at Diaz Road and Rancho California Road no longer allows sufficient stacking room distance west of Old Town Front Street. The close proximity of the two intersections inhibits adequate traffic access to Rancho California Road from Diaz Road resulting in excessive congestion at the current intersection during PM peak hours. As a result, the City is proposing to relocate the current Diaz Road intersection to Vincent Moraga Drive located west of the current Diaz Road location to increase traffic stacking room and to allow signalized access to Rancho California Road at Vincent Moraga Drive. The Project is Planned or Located in the Manner that will be Compatible with the Greatest Public Good and Least Private InJury The Project has been planned and located to alleviate the growing traffic congestion west of Murrieta Creek along Rancho California Road and to improve access to Rancho California Road (and the freeway) for the business park properties located west of the Creek including the subject property. The proposed signal at Vincent Moraga Drive is also necessary to accommodate future traffic generated by the Phase I of the Western Bypass and for anticipated development in the Old Town area and the County. The City's design has configured the realigned roadway to minimize the impact on the subject property while at the same time achieving a new roadway configuration that meets design speed requirements for a Major Highway classification (Diaz Road). 3 R:agd~pt~003\012803~PW95-27.Reso Massie The Subject Property Interests Described in the Resolution of Necessity are necessary for the Project The proposed acquisition of the subject property interests described in the Resolution is necessary for the Project as planned and designed. These interests include acquisitions in fee simple for the right-of-way and temporary construction easements. Although the majority of the new right-of-way required by the project is located within City-owned property, additional property for right-of-way is required for constructing roadway curves necessary to connect the existing Diaz Road to the new intersection. The Offer Required by Section 7267.2 of the Government Code has been made to the Owner of Record of the Property Sought to be Acquired Pursuant to Government Code Section 7262 et seq., the City obtained a fair market value appraisal of the Subject Property Interest, set just compensation in accordance with the appraised fair market value, and extended a written offer letter to Wilma M. Massie, the owner of record of the Subject Property Interests on November 25, 2002. A true and correct copy of the offer letter is on file with the City. The owner of record has not formally responded to the City's offer. To date, no negotiated purchase has been consummated and the schedule for the proposed project requires that the City Council consider the proposed Resolution of Necessity at this time. Adoption of the Resolution of Necessity requires at least a four/fifths (4~5) vote of the City Council. FISCAL IMPACT: The right-of-way acquisition for the Diaz Road Realignment Project is funded by Capital Project Reserves, Measure A Funds and Developer Impact Fees. Adequate funds are available in Account No. 210-165-632-5804 for the deposit amount of $5,397.00. ATFACHMENTS: 2. 3. 4. Resolution No. 2003- Exhibits "A" and "B" - Right-of-Way Exhibits "A-I", and "B-1" - Temporary Construction Easements Exhibits "C-1" and "C-2" - TCE Construction Areas 4 R:agdrpfi2003\012803~PW95-27.Reso_Massie RESOLUTION NO. 2003- A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE DIAZ ROAD REALIGNMENT PROJECT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City of Temecula is a municipal corporation in the County of Riverside, State of California. Section 2. The property interests described generally in Section 3 of this Resolution and more particularly described in Exhibits A, B, A-1 and B-1 of this Resolution ("Subject Property Interests"), are to be taken for a public use, namely for the Diaz Road Realignment Project, construction of said project, and all purposes necessary or convenient thereto, pursuant to the authority conferred on the City of Temecula by eminent domain by California Constitution Article I Section 19, and California Government Code Sections 37350, 37350.5, 40401,40403 and 40404 and California Code of Civil Procedure Sections 1240.010 through 1240.050; and 1240.110, 1240.120, 1240.150, 1240.160, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. Section 3. The Subject Property Interests sought to be taken are located in the City of Temecula, County of Riverside, State of California, and are portions of a larger parcel identified byAssessors Parcel Number 921-020-039. The Subject Property Interests sought to be taken are more particularly described in Exhibits A, B, A-l, and B-1 to this Resolution, which are incorporated by this reference. Section 4. The City Council of the City of Temecula finds and determines that: A. The acquisition of the Subject Property Interests is required for the Diaz Road Realignment Project ("the Project"). A general description of the Project is set forth in the Agenda Report dated January 14, 2003. B. The potential impacts of the acquisition of the Subject Property Interests were analyzed in connection with the analysis of the construction of the Diaz Road Realignment Project. On November 12, 2002, the City of Temecula approved a Negative Declaration regarding the construction of the Diaz Road Realignment Project and duly filed a Notice of Determination thereof (Negative Declaration EA-68). Section 5. The City Council of the City of Temecula hereby finds and determines that: A. The public interest and necessity require the proposed project; B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 5 R:agdrpt~2003\012803~PW95-27.Reso_Massie C. The property interests described in Exhibits A, B, A-l, and B-1 are necessary for the proposed project; and D. The offer required by Section 7267.2 of the Government Code has made to the owners of record. Section 6. The findings and declarations contained in this Resolution are based on the record before the City Council on January 14, 2003 when it adopted this Resolution, including the Agenda Report dated January 14, 2003, all documents incorporated in the Agenda Report, the testimony at the hearing, the records and documents prepared in connection with the Project, the testimony and evidence presented at hearings related to the Project, and the public records of the City pertaining to the Project, all of which are incorporated in this Resolution by this reference. Section 7. The City of Temecula hereby authorizes and directs Richards, Watson & Gershon, as City Attorney, to take all steps necessary to commence an action in a court of competent jurisdiction to acquire by eminent domain the property interests described in this Resolution. PASSED, APPROVED, AND ADOPTED, bythe City Council of the City of Temecula this 14th day of January, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2003-~ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 14th day of January, 2003, by the following vote: AYES: 0 NOES: 0 ABSTAIN: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk R:agdrpt~2003\012803\PW95-27.Reso_Massie EXHIBIT LEGAL DESCRIPTION FOR RIGHT-OF-WAY DEDICATION THAT PORTION OF pARCEL 1 OF PARCEL MAP 19580-1, AS SHOWN ON A PARCEL MAP ON FILE IN BOOK 125 AT PAGES 1 THROUGH 6 INCLUSIVELY OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE Coukr[Y, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: .BEGINNING AT THE CENTERMNE INTERSECTION OF RANCHO CALIFORNIA ROAD AND BUSINESS PARK DRIVE AS S~ ON SAID MAP, SAID POINT BEING MARKED BY A 1 Yz-INCH BRASS DISK STAMPED ES. 3163, FLUSH, PER SAID MAP;, THENCE NORTH 06o56'07' WEST. 67.00 FEET ALONG THE CENTERUNE OF BUSINESS PARK DRIVE TO ,THE BEGINNING OF A TANGENT CURVE IN THE CEN'i't=R OF BUSINESS PARK DPJVE; THENCE soUTH 63'63'53' WEST, 39.00 FEET TO THE NORTHERLY CORNER-CUTI3ACK CORNER AS SI"K)WN ON PARCEL 1 OF SAID MAP, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 39°1T01' WEST, 3324 FEET ALONG SAID CORNER CUT-BACK TO A POINT ON THE NORTHERLY RIGHT- OF- WAY OF RANCHO CAUFORNIA ROAD;, THENCE SOUTH 83°63'53' WEST, 8.99 FEET ALONG THE NORTHERLY RIGHT- OF- WAY OF RANCHO CALIFORNIA ROAD;, 'rrtEFK.~E LEAVING SAiD RIGHT OF WAY NOR. r~.i 42o01;~3~ E4,ST, ~75 FEET ~0 ~.1~ BEGiNNi~. 0i~ A · CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 900.00 FEET, A RADIAL UNE THROUC-~ SAID POINT BEARS SOUTH 87°31'33' WEST; : THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°30'23", AN ARC LENGTH OF 55'08 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF BUSINESS PARK DRIVE, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 611'00 FEET, A RADIN- UNE THRCXJGH SAID FOINT BEARS NORTH 78'63'53' F. AST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°00'00', AN ARC LENGTH OF 63.32 FEET TO THE TRUE POINT OF BEGINNING; CONTNNING 432.508 SQUARE FEET OR 0.010 ACRES, MORE OR LESS. THE DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED "EXHIBIT B' AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION: BRIAN D. ~ d~'~'?/~2 PROFESSIONAL LAND SURVEYOR NO. 7171 EXPIRES 12-31-2003 Page l=f~l Apei119, 2002 BY: R. Pisa CK'D BY: B. F= EXHIBIT "B" DIAGRAM (Right of Way) 5 SCALE IN FEET 1' = 100' DELTA I~ LId"iH NO.O(l~C'ilON [XSTN4CE O,T',TO'2.Y' 000.00'~(W U S 05'00'00" 615.00'5,3.32' i.2S 43200 BUSINESS PARK DR. ~ '"'"~ "" "'" If.l' ,,~,:,~,~,, WILMA M. MASSIE ~..,,~. '." ~' -'. ~'~/ 151 South Girard Street * Hemet, Ca 92544 (909) 652-445 31305 CAN'IERBURY COURT ~,~%~__7¢~'.~' . FAX (909) 766-894.2 E-MAIL kbcozod.com TEMECULA, CA 92591 909 695-2483 "~';,,-~ ,~ EXHIBIT "A-I" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT BUSINESS PARK DRIVE THAT PORTION OF PARCEL 1 OF PARCEL MAP 19580-1, AS SHOWN ON PARCEL MAP ON FII.E IN BOOK 125 AT PAGES 1 THROUGH 6 INCLUSIVELY omcE or COUNTY ECO ER or k.;kJtJrq I I, 51A'l'lzl OF (dALIP'OI~CNIA, BEIN(J MORJ~ PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A BEGINNING AT THE CEN'rERT JNE IN'rERS~ON OF RANCHO CALIFORNIA ROAD AND BUSINESS PARK DRIVE AS SHOWN ON SAID MAP, SAID POINT BEING MARKEr) BY A 1 Vt-INCH BRASS DISK STAMPED L.S. 3163, FLUSH, PER SAID MAP; THENCE NORTH 06056'07'' WEST 67.00 PEET ALONG THE CENTERLINE OF BUSINESS PARK DRIVE TO THE BEGINNING OF A TANGENT CURVE IN THE CENTER OF BUSINESS PARK DRIVE; THENCE SOUTH 83003'53'' WEST, 39.00 FEET TO THE NORTHERLY CORNER- CUTBACK CORNER AS SHOWN ON PARCEL 1 OF SAID MAP, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY OF BUSINESS PARK DRIVE, SAID POINT ALSO BEING THE BEGINNING OF A TANGENT CURVE CONCAVE WES~y, HAVING A RADIUS OF 611.00 ~; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27044'58'', AN ARC LENGTH OF 295.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY SOUTH 54o42'54'' WEST, 20.00 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 588.94 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°42'40', AN ARC LENGTH 1 I0.10 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SINGLE OAK DRIVE, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 533.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00 37 17 , AN ARCH lENGTH OF 5.78 FEET TO THE NORTHERLY CORNER- CUT BACK CORNER AS SHOWN ON PARCEL 1 OF SAID MAP; THENCE SOIJTH 89046'27" EAST, 20.07 FEET ALONG SAIE} CORNER CUT- BACK TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF BUSINESS PARK DRIVE; THENCE SOUTHERLY ALONG THE WESTERLY RIGHT-OF-WAY OF BUSINESS PARK DRIVE THROUGH A CENTRAL ANGLE OF 09°18'31", HAVING A RADIUS OF 611.00 FEET, AN ARC I.ENGTH OF 99.27 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 1,061.69 SQUARE FEET OR .0244 ACRES MORE OR LESS. PARCEL B BEGINNING AT THE CENTERLINE INTERSECTION OF RANCHO CALIFORNIA ROAD AND BUSINESS PARK DRIVE AS SHOWN ON SAID MAP, SAID POINT BEING MARKED BY A 1 ½-INCH BRASS DISK STAMPED L.S. 3163, FLUSH, PER SAID MAP; THENCE NORTH 06056'07'' WEST 67.00 FEET ALONG THE CENTERLINE OF BUSINESS PARK DRIVE TO THE BEGINNING OF A TANGENT CURVE IN THE CENTER OF BUSINESS PARK DRIVE; THENCE SOUTH 83003'53'' WEST, 39.00 FEET TO THE NORTHERLY CORNER- CUTBACK CORNER AS SHOWN ON PARCEL 1 OF SAID MAP, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY OF BUSINESS PARK DRIVE, SAID POINT Al-qO BEING THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY, HAV'BqG A RADIUS OF 611.00 FEET; THENCE NORTHERLY ALONG SAID CRUVE THROUGH A CENTRAL ANGLE OF 05000'00'', AN ARC ! .ENGTH OF 53.32 FEET; TO THE BEGINNING OF A CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 900.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARING SOUTH 87031'33'' WEST; THENCE SOnY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 03030'23" AN ARC LENGTH OF 55.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 42001'33'' WEST 32.75 FEET TO A POINT ON THE NORTHERLy RIGHT-OF-WAY OF RANCHO CAI IgORNIA ROAD; THENCE SOUTH 83003'53" WEST, 25.00 FEE-~ ALONG THE NORTHERLY RIGHT-OF-WAY OF RANCHO CALIFORNIA ROAD; THENCE !.~.AVING SAID RIGHT-OF-WAY, NORTH 06°56'07" WEST, 26.92 FEET; THENCE NORTH 83003'53'' EAST, 50.14 FEET TO A POINT ON SAID CURVE THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°20'45'', AN ARC LENGTH OF 5.44 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 2,109.98 SQUARE FEET OR .0484 ACRES MORE OR LESS. COMBINED AREA FOR PARCEL A AND PARCEL B: 3,171.67 SQUARE FEE-q'. THE DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED "EXHIBIT B-I" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION: RONAI.D J. PARKS DEPUTY DIRECTOR OF PUBLIC WORKS REGISTERED CIVIL ENGINEF~R NO. 19744 EXPIRES 9-30-05 ,U_XHIBIT SCALE IN F'EET 1" = 100' L1 UNE TABLE CURVE TABLE NO. OIRECT10N DISTANCE 140. DELTA R,~DIUS I.BICIH LI S 89'46'27' E 20.07' Cl 00'57'17" 533.00' 5.78' '1.2 S 54-'42'54" W 20.00' C~ 09'18'31" '611.00'99.27 L3 S 06'56'07" E 26.92' C3 10'42'40" 588.94' 110.1C L4 14 8,T03'53" E 50.14' C4 (XT20'¢5" 900.00' 5.44' 1.5 14 4Z01'33" E 32.75' (:5 05'00'00" 611.00' 53.32' L6 FI 83'03'53" E 25.00' CO 0,T09'57~'900.00' 4.9.64' C7 22'44'58" 611.00' 242.60 TOT.4L ~ = 2109,98 ~ TOT~L ~ = lO~l.~J SQUN~ I'LLI T.~.O.fi. ~,~¢£/^ .O.B.'PARCEL B PAR. "B" P.O.B......- -....--' FLLI~ PE~ P.U. 12.5/1-6 WIt. MA Id. 31305 CANTERBURY COURT TEMECUba., CA 92,59 (909) 695-2483 CITY OF TEMECULA 43200 BUSINESS PARK DR, TEMECULA, CA 92590 (909) 69~-6411 CITY OF TEMECULA EXHIBIT FOR: T~-,MPORAR¥ CONSTRUCTION E, ASE, M]BIW~ 4,3445 BUSINESS PARK DRIVE · ia ,00'~ { ) 2.0+ 9// SEE .INE LEFT E. CR ITEM 20 APPROVAL CITY ATTORNEY DIRECTOR OF FINAN,..QE CiTY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Jim O'Grady, Assistant City Manager January 28, 2003 Resolution Establishing A Municipal Utility (Requested by Mayor Pro Tem Naggar and Councilmember Comerchero) RECOMMENDATION: That the City Council adopt the following resolution: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA AUTHORIZING THE CREATION AND OPERATION OF A MUNICIPALLY OWNED UTILITY FOR THE PURPOSE OF PROVIDING VARIOUS UTILITY SERVICES, AND AUTHORIZING THE TAKING OF CERTAIN OTHER ACTION IN CONNECTION THEREWITH BACKGROUND: At your October 22, 2002 meeting, the CityCouncil considered the adoption ora resolution that would establish a municipal utility. Following discussion, the CityCouncil decided to defer action on this matter. '~he Electrical Subcomittee members (IV~yor Pre Tern Naggar and Councilmember Comerchero) have continued to consider this matter and are requesting that the City Council again consider the adoption of such a resolution. The attached resolution authorizes the creation and operation ora municipal electric utility. The resolution does not require that the Cityproceed further, but does allow the City to take further steps to form and operate such a utility, if desired. The resolution also authorizes creation and operation of other utility services, including telecommunication, natural gas, and storm drainage. 'lhis broad drafting is also similar to resolutions adopted by other cities, and allows, but does not require the cityto take further steps toward establishing other utilityoperations. While some of the cities that have adopted such a resolution have taken further steps toward considering or operating a municipal electric utility other cities have not taken further steps beyond adoption of the enabling resolution. The Electrical Subcommittee has reviewed the attached resolution and recommends appro,,al. The subcommittee has noted that before recommending any further steps beyond this resolution, they would recommend further discussions and a workshop with the City Council. FISCAL IMPACT: None at this time Attachment: Resolution 03- RESOLUTION NO. 03-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA AUTHORIZING THE CREATION AND OPERATION OF A MUNICIPALLY OWNED UTILITY FOR THE PURPOSE OF PROVIDING VARIOUS UTILITY SERVICES, AND AUTHORIZING THE TAKING OF CERTAIN OTHER ACTION IN CONNECTION THEREWITH WHEREAS, the City of Temecula (the "City"), a municipal corporation, is authorized pursuant to Article Xl, Section 9(a) of the California Constitution and the laws of the State of California, to establish, purchase and operate public works to furnish its inhabitants with light, water, power, heat, storm drainage, transportation, or means of communication; and WHEREAS, the City is experiencing significant growth; and WHEREAS, the City desires to ensure that its citizens are provided with utilities that meet the current and future needs of the community, that utilize advanced technology, that provide utility services at rates and charges that are fair and reasonable, that provide high quality customer service, that provide alternatives to existing providers of utility services and that protect the health, safety, and welfare of its citizens; and WHEREAS, the City has studied, reviewed and analyzed the current status of deregulation of communications systems and electric and natural gas utilities in the State of California; and WHEREAS, the City desires to be prepared to own and operate municipally-owned natural gas, electric, cable television, telephone and telecommunications utility system, where appropriate; and WHEREAS, the City has consulted with various experts to identify the prospective benefits of establishing a municipally owned utility; and WHEREAS, as a result of deregulation of the communications and electric and natural gas utility industries in California, the City has identified numerous potential benefits that would derive from providing a municipally owned utility, including but not limited to additional revenues for community improvements, the ability to offer competitive rates to citizens and businesses for utility services and high speed communications capability for residential, business and governmental use that support variable bandwidth and seamless communication, community wide; and WHEREAS, the City Council has found and determined that the creation of a municipally-owned utility could significantly enhance the quality of life and provide significant benefits to the citizens and businesses of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: R:/Resos 2003/Resos 03-_ I Section 1. The City of Temecula does hereby establish a municipally owned electric, natural gas, cable television, telephone and telecommunications utility in the City of Temecula. Section 2. The City Manager or his designee is hereby authorized to take all necessary steps to create and establish a municipally owned utility (the "Municipal Utility") with powers to provide various utility services, including, without limitation, electric, natural gas, storm drainage, cable television, telephone and telecommunications, to be determined from time to time by the City Council, to the residents and businesses of the City. The City Manager or his designee is further authorized to take all necessary actions to provide for the operation and maintenance of the municipal utility including but not limited to, determining the level of additional staffing required, if any, identifying outsourcing needs, negotiating agreements with consultants, special counsel, underwriter(s) and/or financial advisors in connection with regulatory, legal or financial matters for approval by the City Council. Section 3. The Mayor (or in the Mayor's absence, the Mayor Pro Tem), the City Manager, or their designee are hereby authorized to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution. Section 4. The City Clerk shall certify to the adoption of this Resolution which shall be in full force and effect immediately upon adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of January, 2003. A'Fi'EST: Ron Roberts, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:/Resos 2003/Resos 03-~ 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 03-__ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 28th day of January, 2003, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2003/Resos 03-_ 3 ITEM 21 TO: FROM: DATE: SUBJECT: iII CITY OF TEMECULA AGENDA REPORT City Council Shawn Nelson, City Manager January 28, 2003 Discussion of Signage in Old Town (as requested by Councilman Pratt) APPROVAL CITY MANAGER ~ ' PREPARED BY: Michaela A. Ballreich, Deputy City Clerk RECOMMENDATION: Receive and file. BACKGROUND: This item has been agendized for discussion at the request of Councilman Pratt. ITEM 22 APPROVAL CITY ATTORNEY DIRECTOR OF FINAN~E. CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City Manager/City Council Genie Roberts, Director of Finance~-J January 28, 2003 Impact of the Governor's Proposed State Budget Reductions to the City Of Temecula PREPARED BY: Polly von Richter, Revenue Manager RECOMMENDATION: That the City Council receive and file. BACKGROUND: On January 10, 2003, Governor Davis introduced his plan to address the projected $34.6 billion shortfall in the State's 2003/04 General Fund budget. His plan includes a variety of ways to bridge this gap including program savings, resource shifts, and revenue increases. The greatest impact to the City of Temecula lies in the Governor's proposed local government reductions. These reductions, which involve shifting resources from local government to the State's General Fund, include the following: Vehicle License Fee Backfill Elimination: If the State does, in fact, eliminate the VLF backfill payments, the City of Temecula stands to lose $995,935 in FY 02/03 and $2,141,261 in FY 03/04. The State would realize savings of approximately $1.3 billion in FY 02/03 and $2.9 billion in FY 03/04. Booking Fee Reimbursements: Based on the Governor's proposal, the City of Temecula would lose approximately $107,000 per year in booking fee reimbursements. By eliminating these reimbursements, the State would save $38.2 million a year. Mandated Cost Deferral: Local agencies can submit claims for reimbursement for various programs that are mandated by the State, such as conducting open meetings, preparing investment reports and complying with animal control mandates. The State will save $769 million in FY 02~03 by deferring mandated cost reimbursements. This is the second year that reimbursement to local agencies has been deferred. The City's mandated cost claims amount to approximately $50,000 annually. Redevelopment Tax Shift: This proposal shifts redevelopment-related funds from local governments to schools. Losses to the City of Temecula in FY 02/03 are $256,000. In FY 03/04, this figure would increase to $852,480. The State would save $75 million in FY 02/03 and $250 million in FY 03/04 with this tax shift. RDA Low/Mod Housing Fund: The Governor's proposal requires Cities to return to the State, any unencumbered balances in the RDA Low and Moderate Income Housings Funds as of December 1, 2002. The potential impact to the City is undetermined at this time because the definition of "unencumbered funds" remains unclear. The State stands to save approximately $500 million in the current year with this proposal. Traffic Congestion Relief Fund: In order to save $60 million in 02/03 and $1.1 billion in 03/04, the Governor proposes suspending funding for the Traffic Congestion Relief Fund. Because the City of Temecula has st nd received the 1 and 2 Quarter payments in FY 02/03, our potential loss in this fiscal year is $81,000. If all payments are suspended in FY 03/04, we stand to lose roughly $160,000 towards capital projects. This reduction would not affect the City's operating budget. SUMMARY OF LOCAL GOVERNMENT REDUCTIONS Losses to City of Temecula 02~03 03/04 Vehicle License Fee Backfill $995,935 $2,141,261 Booking Fee Reimbursements $106,800 $106,800 Mandated Cost Deferral $50,000 N/A Redevelopment Tax Shift $256,000 $852,480 RDA Low/Mod Housing Fund Unknown N/A Traffic Congestion Relief Fund $80,000 $160,000 SUMMARY: The Governor's strategy for dealing with the State's enormous General Fund budget shortfall is only a proposal at this time. The State Legislature must evaluate and act on the Governor's budget proposals. The final budget reductions are unclear at this time, but, because the State's fiscal problems are significant, we might expect the Legislature to act on the proposals quickly. In the meantime, City staff will continue to monitor the State budget process and make adjustments at mid-year, if necessary. Any reductions approved by the Legislature that affect Fiscal Year 03/04 will be incorporated in the next budget cycle. In addition, staff will remain engaged with State Assembly and Senate representatives to let them know the tremendous impacts that these proposed cuts would have on cities, the essential services and programs that the City provides and to urge their support for measures that do not balance the fiscal problems of the State on the backs of the cities. Fortunately, the City of Temecula has a solid reserve fund, as well as undesignated fund balance. FISCAL IMPACT: Based on the Governor's State Budget proposal, the fiscal impacts to the General Fund, Redevelopment Agency, and Capital Improvement Program are as follows: General Fund Redevelopment Agency Capital Improvement Program TOTAL PROPOSED LOSSES FY 02103 FY 03~04 $1,152,735 $ 2,248,061 256,000 * 852,480 80,000 160,000 $t ,488,735 $3,260,54'1 * Impacts to the Redevelopment Agency could be greater if losses in the RDA Low/Mod Housing Fund are realized. ATTACHMENTS: None DEPARTMENTAL REPORTS APPROVAL CITYATTORNEY .~ ~ DIRECTOR OFFINANCE ,~::~, CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/Ci~.(~o~il Debbie UbnoskerDirector of Planning January 28, 2003 Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department in the month of December 2002. CURRENT PLANNING ACTIVITIES New Cases The Division received 7_g2 new applications for administrative, other minor cases, and home occupations and 3._~5 applications for public hearings during the month of December. The new public hearing cases are as follows: Conditional Use Permit Development Plan Extension of Time Lot Line Adjustment Minor Conditional Use Permit Parcel Map Tentative Tract Map Variance 3 11 1 12 2 2 3 1 Status of Maior Proiects Pending Appeals Jefferson Avenue Inn (formerly the Hampton Inn Suites) - Development Plan application to design and construct a four story 70-room hotel building on a 1.35 acres parcel. The application was approved atthe November 6th Planning Commission meeting. The approved project was appealed by a City Council member on November 16th and is scheduled for the January 28, 2003, City Council meeting. Stop Quick Mini-Mart - A Minor Conditional Use Permit to request an upgrade from a Type 20 to a Type 21 Off-Sale Alcohol License. On September 11,2002, ABC confirmed that there was an over-concentration of Off-Sale licenses in the subject census tract and was advised to apply for a Finding of Public Convenience and Necessity. Planning Application 02-0223 was heard at the R:WIONTHLY. RPT~2002\December 2002 Report.doc 1 November 20th Planning Commission meeting. Four Commissioners were in attendance. The Planning Commission decision was split and was continued to the December 4th meeting. At this meeting the Planning Commission denied PA02-0223. An appeal of the Planning Commission's decision to deny PA02-0223 was filed on December 2, 2002. The appeal is scheduled for the City Council meeting on January 28, 2003 Recently Approved Projects Banzai Japanese Steakhouse - PA02-0622 A minor conditional use permit to upgrade the current Alcohol Beverage Control (ABC) license from type 41 (On sale beer and wine license) to a type 47 (On sale general license), which authorizes the sale of beer, wine and distilled spirits for consumption on the licensed restaurant premises. The application was approved at the Director's Hearing on December 19, 2002. Cingular Wireless Telecommunications & Sign Structure at Chaparral High School - Conditional Use Permit to construct a 26 foot high, 14 foot x14 foot rectangular structure to house six wireless telecommunication antennas and equipment, and structure will include three sides with signage to consist of an 84 square foot non-illuminated sign with green letters and blue background to read "Chaparral High School", a 42 square foot electronic message marquee, and a 56 square foot blue and beige colored "C" letter with a black and green puma mascot illustration. Staff is reviewing the most recently submitted materials for completeness. The project was approved at the August 7, 2002 Planning Commission. The Commission's decision was appealed to the City Council. The City Council subsequently denied the appeal at their November 12th meeting. Harveston Welcome Home Center - A Development Plan to establish a 3,493 square foot housing sales facility. The site is located at the southwest corner of Landings Road and Village Road within the Harveston Specific Plan boundary. A DRC meeting was conducted on October 17, 2002. Staff approved this Administrative Development Plan on January 15, 2003. Highland II Office Building - A Development Plan to construct a 30,000 sq. ft. office building. The sub ect property is located on the east side of County Center Drive, 740 ft. north of Ynez Road. The extension of time was approved at the November 6 h Planning Commission meeting. On January 13, 2003, the applicant submitted correspondence requesting that the application be formally withdrawn. Tweeter Exterior Building Remodel - An Administrative Development Plan to remodel existing windows and establish two car stereo installation bays. The subject property is located at 40758 Winchester Road in the Promenade Mall outlots. The application was submitted on November 25, 2002. Staff approved the Administrative Development Plan. Projects Under Review Commercial Beer and Wine Sales at Arco Service Station/Convenience Store - Minor Conditional Use Permit to allow wine and beer sales onsite. The subject property is located at 44987 Front Street. The application was submitted on October 18, 2002. Staff continues to await confirmation of application with the State Alcohol Beverage Control Board. R:",MONTHLY.RPT~2002'~December 2002 Report.doc 2 Bel Villaggio LLC - A development plan to construct, operate and establish a 8100 square foot retail building for Building C in the Bel Villaggio Retail Center located west of Margarita Road and 470 feet south of the Mall Access Road. The project was deemed incomplete on December 17, 2002, which also includes design concerns regarding the architecture. The applicant has not resubmitted plans as of January 14, 2003. Bridgeport Map - A request to divide 14.48 acres into an 8 lot commercial subdivision, located on the north side of SR79 South east of Avenida de Missiones (east of the Rancho Community Church project). Mr. Orley Weaver, with Bridgeport Builders, submitted this project on September 16, 2002. The project was deemed incomplete and inconsistent with the General Plan's requirement for this properly to develop as a unified site. The applicant is working with several commercial users to submit a comprehensive development plan for the entire site. Edge Nightclub - A Minor Conditional Use Permit to operate an entertainment facility to include a type 48 liquor license, live music, dancing, and other entertainment uses as outlined in the submitted statement of operations in a 4,860 square foot existing building, located at 28822 Old Town Front Street (APN 922-093-003); Submitted by Ronald Hannah. The application was submitted on July 5, 2002. An incomplete letter was mailed to the applicant on July 30, 2002. The application was closed on September 9, 2002, because the applicant did not pay the required fees. The applicant applied for a new Minor Conditional Use Permit on October 16, 2002. The project has been deemed complete. The project is scheduled for the January 29, 2003, Planning Commission meeting. Hampton Inn - A Development Plan to design, construct and operate a 99 unit, 105,144 square foot hotel on 2.41 acres located near the corner of Rancho California Road and Jefferson Avenue, submitted by Pro Enterprises on December 2, 2002. The project is currently under review. Staff is recommending approval. Hampton Inn - Lot Line Adjustment was submitted December 31,2002, to adjust lot lines to accommodate the proposed Hampton Inn Project. integrity Auto - Minor Conditional Use Permit application to establish and operate a used car indoor showroom at an existing multi-tenant automobile repair facility located at 28730 Via Montezuma. Staff transmitted the application to the other city departments on November 27th and is awaiting comments. The project is currently incomplete and staff sent the applicant a letter requesting additional information and site plan revisions. Iron Wok - A Development Plan to add an outdoor patio to an existing restaurant located at the Promenade Mall. The applicant has revised the plans and staff is currently reviewing the project. Overland Self Storage Facility - Conditional Use Permit to construct a 124,496 square foot, one story, self-storage mini warehousing facility with beige stucco and beige metal siding exterior walls and olive green color metal roofing on a two lot, 3.65-acres site, located south of Overland Drive and east of Commerce Center Drive. Future phase to include construction of a one-story 3,000 square foot office and caretaker's dwelling unit located at front of site. Staff held a Development Review Committee meeting on May 8, 2002. As a result, a number of issues have been identified and have been communicated to the owner and applicant. On November 2, 2002, staff met with the owner of the property and continued discussion of the project. It is anticipated that the owner will submit a General Plan Amendment and Change of Zone. R:'~',4ONTHLY.RPT~2002~December 2002 Report.doc 3 Power Center II - A Development Plan request to develop an 8.8 acre commercial site for multiple building pads (under separate reviews) to build retail and restaurants buildings totaling 49,072 square feet, located on the northwest corner of North General Kearny Road and Margarita Road within the Temecula Regional Center. Jack Tart, with Diversified Investment Co., submitted this project on November 7, 2002. A DRC meeting was held for this and all related projects on December 12, 2002. Staff is awaiting resubmittal of revised plans. The other related projects are as follows: o Buca di Beppo - A Development Plan request for an 8,281 square foot full service restaurant submitted by Loretta Reeves, with Buca di Beppo, submitted this project on November 7, 2002. o Krispy Kreme - A Development Plan request for a 4,025 square foot donut shop/restaurant with drive-thru submitted by Jack Tarr, with Diversified Investment Co., submitted this project on November 7, 2002. o Islands Restaurant - A Development Plan request for a 5,293 square foot restaurant submitted by Lewis Jackson, with Islands Restaurant, submitted this project on November 7, 2002. Rancho Community Church Map - A request to divide 39.14 acres into 17 parcels based upon the approved configuration of the church and school campus. This project is located on the north side of SR79 South east of Jedediah Smith Road and west of Avenida de Missiones. Mr. Jay Beckley, with Rancho Community Reform Chumh, submitted this project on October 11, 2002. Staff is currently reviewing revised plans. Toyota of Temecula - A development plan to construct two "new car patio cover" structures at the existing Toyota dealership located at 26631 Ynez Road. The project was submitted on December 2, 2002. Comments are due back from other departments on December 18, 2002. Industrial KTM Motorcycles - A Fast Track Development Plan to construct a 43,000 square foot motorcycle research and development facility. The 10 acre site is located on the west side of Via Industria, north of Rio Nedo. A DRC meeting was held on November 15, 2002. Planning Commission consideration will occur on January 15, 2003. O'Hern Wall Industrial Building - A Development Plan to construct a 18,400 square foot industrial building on 1.28 acres, located at 42108 Roick Drive, submitted on October 8, 2002, by O'Hern Wall Associates. A letter requesting modifications to the building and site layout was sent November 12, 2002. Staff is waiting for revisions. Slater Industrial Buildings - is a Development Plan request to build two 11,213 sq. ft. concrete tilt-up, office warehouse buildings on a 1.97 acre lot within the on the west side of Bostik Court south of Winchester Road. Growth Management Company filed this application. This project is scheduled for Planning Commission on January 15, 2003. Sigma Industrial Complex - A Development Plan to construct 6 detached industrial buildings totaling approximately 83,000 square feet on 5 acres located on the north side of Zevo Drive, submitted December 23, 2002. The project is currently under review for completeness. · Talon Sports Industrial Building - A Development Plan to construct, operate and establish an 18,243 sq. ft. Industrial Building on .99 acres, located at 42044 Winchester Road, west of Diaz R:'~IONTHLY.RPT~.002'~Decernber 2002 Report.doc 4 Road, submitted August 28, 2002, by McArdle & Associates Architects. A second DRC Meeting was held on December 12, 2002, to discuss site and design issues. Staff is awaiting submittal of revised plans. Zevo Drive Condos - A Development Plan to construct 2 industrial condominium facilities totaling approximately 91,337 square feet on 3.5 acres located on the north side of Zevo Drive, submitted December 26, 2002. A Parcel Map will be required for this project. This project is currently under review for completeness. Mixed Use Linfield Christian School Master Plan - Submitted by Linfield Christian School; a Conditional Use Permit and a Planned Development Overlay proposal to expand the existing facility with 154,397 square feet of additional classroom and accessory structures and a proposed 37,500 square feet of housing for a superintendent, caretaker and facility. This project is located on the north side of Pauba Road west of Margarita Road (behind Temecula Valley High School). The applicant has submitted the PDO, and it is currently under review. A DRC was held December 12, 2002, and a letter has been sent out with staff comments. Staff is currently waiting for revised documents. Roripaugh Estates Specific Plan Amendment and Development Proposals- A variety of project proposals affecting 20.2 acres of land located on the northeast corner of Nicolas and Winchester Roads. Rod Del Pesco, with Pacific Development Partners, submitted this project on July 9, 2002. The project was deemed incomplete August 8, 2002. A DRC meeting was held on September 5, 2002, to discuss numerous issues identified by staff. The applicant has taken staff's recommendations under consideration and will be resubmitting later in the year. This project consists of the following proposals: o Amend the General Plan and Specific Plan Land Use of 8.3 acres from Neighborhood Commercial (NC) to Medium Density Residential (M). The SPA affects Planning Area 9 (a commercial area) by creating a new Planning Area 12 for single family residential, and relevant text additions and modifications to cover the creation of this residential area. o A tentative map request to divide 8.3 acres into 54 residential lots. o Roripaugh Town Center is development application/conditional use permit for a 102,875 square feet commercial center on 11.9 acres. Temecula Gardens - A third and final Extension of Time for Planning Application No. 97-0420, located at the northwest corner of Loma Linda and Pala Road, submitted by Charles McHaffie. The application was deemed incomplete on October 31,2002. Staff and the applicant met on November 28, 2002, to discuss potential changes to the project. The applicant indicated that he would be submitting a revised site plan and elevations by the middle of December. Villages of Old Town - Staff met with a group interested in purchasing the project. This group is currently conducting their due diligence on the project. They have assured staff a new Site Plan by January 2003, which we have not received yet. After reviewing the Site Plan, staff will then consider scheduling a workshop with the Planning Commission and/or the City Council. Office · Jefferson Avenue Office Building - A Development Plan to construct a 21,870 square foot two story office building on 1.67 acres of land, located at 27708 Jefferson Avenue (APN 921-400- R:~vlONTHLY. RPT'2002~December 2002 Report.doc 5 037-2); Submitted by Diamond Central Investors, LLC. The application was submitted on June 21,2002. A DRC meeting was held on August 8, 2002. The applicant resubmitted plans, and staff has routed to the other departments for review. Kevin Brown Executive Office Building - A Development Plan to construct, operate and establish an 11,642 square foot executive office building on 0.95 acres, located at 27247 Madison Avenue, west of Madison Avenue, north of Sanborn Avenue, submitted on July 26, 2002, by Herron & Rumansoff Amhitects. The project was scheduled for DRC on September 5th. The project has been scheduled for the November20t~ Planning Commission hearing. Staff recommended re-design. The Planning Commission continued the item to the December 18th Planning Commission meeting in order to redesign the architecture of the building. On December 6, 2002, the applicant requested a continuance to the January 15, 2003, Planning Commission meeting. The applicant has redesigned the architecture of the building addressing the concerns of the Planning Commission. The project is scheduled for the January 15, 2003 Planning Commission meeting. Residential Astoria Homes at Crowne Hill - is a Development Plan application by Greystone Homes. This application is the Product Review for 111 detached single-family residential homes that will offer three different floor plans and three architectural designs. The homes will be located in the northeast end of Crowne Hill Subdivision, Tracts 23143-10 -11 & -Final, east of Butterfield Stage Road south of Pauba Road, east and west of Crowne Hill Drive. Plans are currently under review and comments are due by 1/17/03. If the comments warrant a meeting, staff will meet with the applicant in the next two weeks. Carlyle Homes at Crowne Hill - is a Development Plan application by Lennar Homes. This application is the Product Review for 100 detached single-family residential homes and it will offer three different floor plans with three different architectural designs. The homes will be located in the central portion of the Crowne Hill Subdivision, Tract 2314310-8, east of Butterfield Stage Road south of Pauba Road. Plans are currently under review and comments are due by 1/27/03. If comments warrant a meeting, staff will meet with the applicant in the following week. Fairmont Homes at Crowne Hill - is a Development Plan application by Greystone Homes. This application is the Product Review for 112 detached single-family residential homes that will offer three different floor plans and three amhitectural designs. The homes will be located in the central portion of the Crowne Hill Subdivision, Tract 23143-6, east of Butterfield Stage Road south of Pauba Road and west of Crowne Hill Drive. Plans are currently under review and comments are due by 1/17/03. If the comments warrant a meeting, staff will meet with the applicant in the next two weeks. Harveston Apartments - PA02-0698 a multi-family residential apartment complex totaling 300 units. The subject property is located on the northwest corner of Margarita Road and Harveston Way. The application was submitted on December 20, 2002. Staff is awaiting project redesign by the applicant. Harveston Tentative Tract Map No. 30668 - Residential Tract Map application to subdivide 18.3 acres into 107 lots. The application was submitted on December 3, 2002. Staff is currently formulating design issues. A DRC meeting will be scheduled for the last week in January. R:'W1ONTHLY. RPT~.002'~December 2002 ReporLdoc 6 Harveston Tentative Tract Map No. 30699 - Residential Tract Map application to subdivide 31.3 acres into 205 lots. The application was submitted on November 20, 2002. Staff is currently formulating design issues. A DRC meeting will be scheduled for the last week in January. Harveston Tentative Tract Map No. 30673 - Residential Tract Map application to subdivide 40.5 acres into 182 lots. The application was submitted on December 20, 2002. Staff is currently formulating design issues. A DRC meeting will be scheduled for the last week in January. Harveston Tentative Tract Map No. 31053 - Residential Tract Map application to subdivide 34.2 acres into 214 lots. The application was submitted on December 20, 2002. Staff is currently formulating design issues. A DRC meeting will be scheduled for the last week in January. Naron Pacific Tentative Tract Map 30434 - A proposal for zone change from L-1 to L-2 on 31.93 Acres and Tentative Tract Map to subdivide into 32 residential lots and 3 open space lots. The second submittal is incomplete. Nottingham Homes at Crowne Hill - is a Development Plan application by Greystone Homes. This application is the Product Review for 119 detached single-family residential homes and it will offer three different floor plans with three different amhitectural designs. The homes will be located in the nodheast end of Crowne Hill Subdivision, Tracts 23143-10 -11 & -Final, east of Butterfield Stage Road south of Pauba Road, east and west of Crowne Hill Drive. Plans are currently under review and comments are due by 1/27/03. If comments warrant a meeting, staff will meet with the applicant in the following week. Sotelo Second Unit - A proposal for a 300 square foot second unit in the Vail Ranch Specific Plan. An incomplete letter was sent out on January 6, 2003. Tentative Tract Map 29133 Revision - A request to revise a previously approved ']-rM to change a public street to private, add a gated entry and relocate affected driveways and drainage. Staff is currently reviewing the revised map exhibits. Tentative Tract Map 30169 - Residential Tract Map application to subdivide a 4.57 acre parcel into seven 1/2 acre net lots, which includes a zone change request to amend the property zoning from L-1 to L-2. Staff sent out a design review comment letter addressing the revised map exhibit in early December and is conducting an environmental initial study of the applications. Tentative Tract Map 31049 - Temecula Creek Village, a request to establish 2 pamels for condominium purposes, changing the tenant occupancy from 400 rental units to 400 condominiums. Scheduled for Planning Commission on January 29, 2003. Vail Ranch Home Variance - A Variance to reduce the rear setback from 10' to 8'6" to accommodate a 327 square foot room addition to an existing residence. Staff transmitted the exhibits and is reviewing application for completeness. Villages of Temecula - Planning application for a Vesting Tentative Parcel Map for a 160 unit apartment complex and an office retail center on 22.97 acres located on the south side of Rancho California Road 200 feet west of Cosmic Drive. This project was submitted on December 4, 2002, and deemed incomplete on January 3, 2003. The applicant has resubmitted revised exhibits which have been re-circulated for staff's comments. R:'~MONTHLY,RPT~O02\December 2002 Report,doc 7 Miscellaneous AT&T Wireless - A Conditional Use Permit/Development Plan to construct, operate and establish an unmanned wireless communication facility consisting of a 60'-0" mono-pine and a 8'x12' equipment area, located at the Rancho California Water District Water Reservoir Complex, east of Meadow Parkway. The project was submitted on June 21,2002. Although the project was deemed complete on July 19, 2002, the applicant was advised that staff could not support the proposal. Additionally, since the project was submitted, staff has received numerous phone calls, letters and petitions in opposition to the project from the adjacent homeowners, however the applicant, Velocitel, Inc. resubmitted revised plans. The applicant's representative indicated verbally that AT&T intended on withdrawing the proposal. Calvary Baptist Chumh Addition - is a Conditional Use Permit to construct the proposed expansion of the existing church facility with a 12,610 s.f. addition. This addition involves the expansion of the vestibule & sanctuary, the addition of new classrooms, restrooms, a kitchen, and multi-purpose room. The site is located at 31087 Nicolas Road at Calie Colibri off of Nicholas Road. The project is out for DRC review and a meeting may be scheduled for 1/23/03 if comments warrant the need. Cingular Wireless - A Conditional Use Permit to construct, operate, establish and maintain a wireless telecommunications facility with 3 antennas housed within the bulb portion of the proposed 55-foot artificial mono-palm tree located at 31575 Enfield Lane, east of Riverton Lane and north of Humboldt Court. Grace Presbyterian Chumh - is a Conditional Use Permit to construct a chumh facility in two phases. The site is located at the southwest corner of Calle Medusa and Nicholas Road. A DRC meeting was conducted on August 29, 2002. Staff is awaiting revised plans. Landwerx/PC Gaming Arcade - A Minor Conditional Use Permit submitted by Landwerx/PC Gaming to operate an internet/arcade caf~ for entertainment of customers between the ages of 15-25 years of age. The amade will be operated out of a business suite in a commercial center located at 27309 Jefferson Ave. #104. Plans are currently under review and a Pre-DRC meeting is scheduled for 1/21/03. If the comments warrant a meeting, staff will schedule a meeting with the applicant. · Lanni Subdivision Revision - A revision to a previously approved subdivision to change a street from public to private. The application is in the process to making revisions required by staff. Meadowview Golf Course - Conditional Use Permit and Development Plan to design and construct a public golf course and driving range within the Meadowview Community. Staff has reviewed a third draft of Focused Environmental Impact Report. The developer is selecting a new environmental consultant to complete the draft EIR. Rainbow Canyon Retail Center Design Guidelines - Application for approval of architectural, landscaping and signage design guidelines for the Rainbow Canyon Retail Center. The subject property is located at the southeast and southwest corners of State Hwy. 79 South and Pala Road. Staff is currently working with the project architect to draft specific architectural design guidelines. It is anticipated that this item will be considered by the Planning Commission at their February 19, 2003, meeting. R:",MONTHLY.RP'r,,2002~December 2002 Report.doc 8 Rench Variance - An application requesting a Variance to a site a second unit dwelling in the front yard located at 39330 Kimberly Lane (957-340-030), submitted by William Rench. The application was submitted on December 27, 2002, and departmental comments are due on January 15, 2003. Vail Ranch Sign Program - A Riverside County approved project has submitted a master sign program for a center located along the south side of Highway 79, immediately east of a medical building under construction. A letter was sent out August 19, 2002, requesting changes to the program. Verizon Mono-Palm Wireless Antenna - A Conditional Use Permit to construct, operate, establish and maintain a wireless telecommunications facility with 3 antennas housed within the palm fronds of the proposed 40-foot artificial palm tree. The site is located on the east side of Margarita Road just north of the Santa Gertrudis Creek Channel north of Winchester Road on the Rancho California Water District's well site. Plans are currently under review and a Pre- DRC meeting is scheduled for 1/28/03. If the comments warrant a meeting, staff will schedule a meeting with the applicant. Wireless Telecommunication - is a Minor Conditional Use Permit to co-locate three sector antennas on an existing 57 foot high monopine and the installation of four equipment cabinets, located at 41520 Margarita Road (954-020-005); submitted by AT&T Wireless. The project was deemed incomplete on May 7, 2002. A DRC meeting was held on May 23, 2002, and staff is awaiting re-submittal by applicant. As of November 12, 2002, staff has not received any new plans from the applicant. Small Business Assistance AIIbright at Last: Planning staff met with the new owners of this existing car wash/mini-storage business to help them with a new paint scheme to be funded through the Fagade Improvement Program. Butterfield Inn (Rodeway Inn): Staff worked with the new owner of this existing Old Town Temecula motel and helped her prepare an application for new signs in conjunction with a business name change. Mad Madeline's: Staff held a follow-up meeting with the sign contractor who is working with the owners of this new Old Town restaurant. The first design for new paint and signs is currently being revised and should be ready for review by the Old Town Local Review Board in February. The Barn (Formally Lighthouse Thrift): Staff met with the design contractor of this existing building in Old Town and aided him in developing new facade plans for review by the Planning Department. The Sagebrush Center: Staff held additional meetings with Freedom Signs regarding a new sign program at this Old Town building complex. Preliminary designs are currently under development and should be ready for the Old Town Local Review Board in February. The Firehouse Building: Preliminary paint and sign designs are being developed for this historical Old Town building. A planning application for this project will be submitted to the Old Town Local Review Board at their February meeting. R:',MONTHLY.RPT~?.O02\December 2002 Report.doc 9 ~t Permits · Boys and Girls Club: Applicant is continuing to work with the owner (Temecula Town Association) of this property to obtain a Temporary Use Permit for a commercial coach at this Pujol Street location. · Dicken's Christmas: Helped organizer Melody Brunsting and the Redevelopment Department process a temporary use permit for this City-sponsored event in Old Town Temecula. · Spark of Love Toy Drive: City staff he~ped applicant obtain a temporary use permit for this charitable event with only a few days of processing time. · TTA Rod Run: City staff met with the Temecula Town Association to help them with a variety of issues pertaining to this Old Town event that will take place on February 15 and 16, 2003. Massa,qe Establishment Permits · Massage Professionals & Skin Care: A one-year Massage Establishment Permit was issued on December 17, 2002, to this full service salon located in the Old Town Temecula (The Chaparral Building). Special Proiects & Lonq Ranqe Planninq Activities. The Division also commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special proiects and long range planning activities are as follows: · Comprehensive General Plan Update - The CAC has completed its review of the draft goals and policies, and is currently considering alternative land uses. Staff and consultant are working on the draft plan. Land Use Plan Amendment requests have been received for the following sites: o South Margarita Road adjacent to the Santa Gertrudis channel, across the channel from Chaparral High School. The property owner is requesting a change from Public Institutional to Professional Office. o The southeast corner of Via Lobo and Nicolas Road, and properties along the northeast edge of Meadowview. The property owner is requesting a change from Very Low Density Residential to a combination of Low Medium Density Residential and Open Space. o The southeast corner of Margarita R°ad and S°lana Way' The pr°perty °wner is requesting a change from Very Low Density Residential to Professional Office. · Hillside Development Policy - The policies are being examined for integration into the draft- grading ordinance. This item is on hold pending additional staff resoumes. · John Warner Road Assessment District - Assisting Public Works with formation of an Assessment District for road, sewer and storm drain improvements. Waiting on submittal of storm drain plans. · Large Family Day Care Home Facility Ordinance - The Planning Commission considered the revised ordinance on October 2, 2002, and recommended that the City Council adopt the ordinance. The Ordinance was scheduled on November 20, 2002. R:'WIONTHLY.RP'r~2002'~December 2002 Report.doc 10 PA02-0260 Valley Christian Fellowship - Staff presented a General Plan Amendment and Zone Change from VL to PO at the SWC of Margarita and De Portola Roads. The City Council considered this item on January 14, 2003. General Plan Subcommittee reviewed the proposal and provided a recommendation to be considered again bythe Planning Commission. The item has been continued off calendar. Procedures to Implement CEQA - Staff initiated project to develop local guidelines for processing CEQA documents, including the adoption of local exemptions. The process will also conform to the 2002 CEQA Guidelines, and will create new templates for standard CEQA forms. New procedural documents and forms are almost complete. Package will be sent to the City Attorney's office for review and comment. Southside Specific Plan - Staff is reviewing the work that was previously done to possibly develop design guidelines for this area. Staff is looking at the possibility of developing design guidelines and/or a sign program for this area. Surface Mining Ordinance - The staff and City Attorney had been making final changes based upon feedback from the State prior to submitting this item to the Council for their consideration. This item is on hold pending additional staff resources. Traditional Neighborhood Development Ordinance - Final changes are being made prior to scheduling this item for a Planning Commission workshop. This item is on hold pending additional staff resources. City - Project environmental reviews and permitting: o Margarita Road/Santa Gertrudis Creek Trail Underorossing Project- Request from Public Works to prepare an Environmental Determination for Trail undercrossing at this location. o Old Town Southern Gateway Landscaping Project - Request from Public Works for Environmental Determination for this project. Previously prepared Negative Declaration may need to be modified because the project description has changed. o Overland Drive Extension - Staff has reviewed 2nd submittal of the draft initial study / Mitigated Negative Declaration and has provided comments to Public Works. o Pechanga Parkway (formerly Pala Road) Widening & Sound Wall - Staff has received and is reviewing Jurisdictional Delineation Studies (wetlands and blue line stream) and other regulatory materials for USACE, CDFG and RWQCB. Staff reviewed 90% design submittal and met with CalTrans in the field on November 15, 2002. CalTrans is requiring additional studies. Michael Brandman Associates has been retained to complete remaining studies. o Rainbow Canyon Road - Completed NEPA Compliance package to replace and install a half-mile of new guardrail on Rainbow Canyon Road from the City limits to Temecula Creek Inn Golf Course entrance. Public Works will submit to CaITrans. A Categorical Exemption from CEQA is being prepared. o Winchester Road Widening Project - Request from Public Works for Environmental Determination to widen Winchester Road west of Jefferson. Need more information from Public Works before initial study is prepared. R:~MONTHLY.RPT~?.002~December 2002 Report.doc 11 General Plan Amendments A request to reduce the size of Via Industrial (Western Bypass Corridor) north of Avenida Alvarado has been submitted and has been on hold pending the approval of a revised Circulation Element. Eli Lilly General Plan Amendment and Zone Change - The applicant's proposal would involve changing the land use designations to Community Commercial. Staff has accepted applications to change all designations to Community Commercial, with restricted uses at the southwest corner of Overland Drive and Margarita Road. Approved by the City Council on January 14, 2003. Margarita Village Specific Plan - A General Plan Amendment for Parcel Map 22513, amending the land use from Neighborhood Commercial to Community Commercial on 9.77 acres located at the southeast corner of Rancho California Road and Meadows Parkway (954-030-001); Submitted by Venture Point. In addition to the General Plan Amendment the applicant has also submitted a Specific Plan Amendment, Conditional Use Permit and Development Plan. The applications were submitted on May 23, 2002. A DRC meeting was held on August 8, 2002. The project was continued from the December 4, 2002, Planning Commission meeting, and is scheduled for the January 15, 2003, meeting. Geoqraphic Information System (GIS) Activities · Staff has been working with and providing data for DCC Communicator System for the City's Reverse 911 project. · Staff continues to make weekly updates to the database and maps for the City's Megan's Law link on the web page. · Staff continues to work with Public Works staff to map storm drain locations with the City's GPS unit. This is an ongoing project, which will take several months to complete. · Staff has been working with Community Services Department to integrate tree inventory data for city maintained slopes and parks with GIS to enhance maintenance capabilities. · Staff updated the City's Parks layer. · Staff continues to conduct system and database management for the City's fully operational GIS based Fire Response Program. · Staff updated the City's GIS EOC system with the most current data. · Recent mapping products and data requests include: o A set of maps identifying existing grocery stores for comparitive analysis for Planning o Provided owner information for parcels along Pechanga Parkway for Public Works o Mapped regions RTA bus routes for City Council o An aerial site map of Margarita Park for TCSD o Vicinity radius maps with hydrants and parcels for Planning o Aerial maps of the JeffersonANinchester area for Public Works o An aerial site map for a perspective church for Planning R:'tMONTHLY.RPT~?.O02'~December 2002 Report.doc 12 o Map of potential flood hazard areas for the Office of Emergency Services o Site map of the Business Park area for Public Works o Reside map of Citizen Corps boundaries for the Police Department and to displayed on the City's web site. o Various aerial vicinity maps for Planning and Redevelopment and Community Services o A series of maps identifying landscape medians, slopes, parks and facilities for TCSD Additionally Staff conducted updates to the street centerline data, provided updated data to IS and Fire staff for the Fire Response program and updated MapObjects data for Internet GIS Staff continues with ongoing data layer development and maintenance. R:'WIONTHLY.RPT~.O02\December 2002 Report.doc 13 APPROVAL CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City ManagedCity Council Jim Domenoe, Chief of Polic~~!/ DATE: January 28,2003 SUBJECT: Monthly Departmental Report The following report reflects special teams, traffic enforcement and miscellaneous activity occurring during December 2002. The Police Department responded to 35 "priority one" calls for service during the month of December, with an average response time of approximately 7.0 minutes. A total of 3,316 calls for police service were generated in the City of Temecula during the month. During December, the Temecula Police Department's Town Center Storefront served a total of 173 customers. Sixty-six sets of fingerprints were taken, 37 people filed police reports and five people had citations signed off. Crime Prevention Officer Lynn Fanene participated in a number of special events, neighborhood watch and community-oriented programs during the month. He also coordinated requests for patrol ride-alongs. Additionally, he continued to provide residential and business security surveys/visits and past crime follow-up. Officer Fanene also continued to process City Planning Department submissions of site plans/conditions. The POP Teams continued to work on the "Crime Free Multi-Housing" project during the month of December, evicting residents from two apartments for failure to comply with the provisions of their contracts. The teams continued their Warrant Apprehension Program during the month, which resulted in five felony, and 11 misdemeanor warrant arrests. They also issued 237 citations for various traffic violations. POP Teams also continued with the homeless persons program, with the goal of assisting homeless in finding services and aid to help them. The Old Town Storefront serves as an office for the POP teams and a location to assist the public with police services. This has greatly increased their accessibility and their ability to serve the Old Town area. During December, the Old Town Storefront served 395 customers. Thirteen sets of fingerprints were taken, 27 reports were written, and eight citations were signed off. The traffic team reported that during the month of December there were 440 citations issued for hazardous violations, 171 citations were issued for non-hazardous violations and 243 parking citations were issued. During the month there were 21 injury traffic collisions, 87 non-injury collisions were reported and 40 drivers were arrested for DUI. The Neighborhood Enforcement Team (NET) program resulted in 58 citations being issued. This program addresses traffic concerns in residential neighborhoods with a dedicated motor officer. The SLAP program (Stop Light Abuse Program) resulted in 21 citations being issued. Monthly Departmental Report - Police Department 1 During the month of December, the POP officers assigned to the Promenade Mall handled a total of 227 calls for service. This number represents a three-fold increase over the previous month, and can be largely attributed to the holiday shopping season. The majority of these calls were for shoplifting investigations. During the month, calls and on-sight activity resulted in the criminal arrest and filings on seven felony and 20 misdemea,~or cases. Officers McEIvain and Rupe continued to provide training to security staff during the month. The mall officers continued to work on vehicle theft and burglary programs. No vehicle burglaries and only two vehicle thefts occurred during the month of December. This is a quite an achievement, considering the thousands of holiday shoppers attending the mall every day in December. Other Inland Empire malls report vehicle thefts occurring in their parking lots almost daily. The Temecula Police Department assigned additional officers and posse members to conduct bicycle and horse patrol around the mall parking lots during the holiday season in order to preserve public safety and order. Clearly, those efforts paid off. Our five school resource officers have remained active during December. Many were reassigned to the mall during Christmas vacation at the schools. They conducted 12 school presentations. The topics of these presentations ranged from "Stranger Danger" to "Inhalants." The school resource officers also conducted many counseling sessions with students. A total of 24 investigations/reports were conducted/written by the school resource officers during December. The school resource officers also made four arrests for various misdemeanor crimes during December. These crimes ranged from truancy to possession of marijuana and tobacco. The JOLT program (Juvenile Offender Law Enforcement Program) continues to be a success in part through its Youth Court program. Officer Michelle Medeiros conducted the 102nd Youth Court session. The JOLT officer assisted at other schools when needed and conducted follow-ups with parents of juveniles in the JOLT program. Officer Medeiros worked with "at risk" juveniles throughout the month and also conducted counseling sessions with their parents. She also assisted the Riverside County District Attorney's Office and Probation Department by providing training during home visits with incorrigible/at risk juveniles during the month of December. During the month of December, the Special Enforcement Team (SET Team) of Officers Jon Wade and Michelle Larson made seven misdemeanor and eight felony arrests, primarily for narcotics violations. This team continues to work street level narcotics and specialty patrol within the city on a proactive basis. Volunteers from the community continue to be an integral part of the Temecula Police Department's staff. Under the guidance of volunteer coordinator Officer Bob Ridley and assistant coordinator Gayle Gerrish, the Police Department's volunteer staff contributed 596 hours of service in December. Volunteer assignments include computer data input, logistics support, special event assistance and telephone answering duties. Community Action Patrol (CAP) Program volunteers have begun their activities, patrolling the city for graffiti, conducting vacation residential checks and assisting patrol with special logistical needs and special events. Other duties these volunteers will attend to are business checks and abandoned vehicles and traffic control. The goal of the program is high visibility, which prevents crime from occurring. CAP Team members contributed 197 hours of service to the community during the month of December. The reserve officer program and mounted posse are additional valuable volunteer resources available to the police department. The police department utilizes reserve officers to assist with patrol, traffic enforcement, crime prevention and a variety of special functions. Reserve police officers worked a total of 170 hours specifically on patrol in Temecula during December. Monthly Departmental Report- Police Department 2 TO: FROM: DATE: SUBJECT: ClTY OFTEMECULA AGENDA REPORT City ManagedCity Council APPROVAL CITY ATTORNEY DIRECTOR OF FINANC~_~--- CITY MANAGER William G. Hughes, Director of Public Works/City Engineer January 28, 2003 Department of Public Works Monthly Activity Report RECOMMENDATION: Attached for City Council's review and filing is the Department of Public Works' Monthly Activity Reports for the month of December, 2002. MOACTRPT CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report December 2002 ! January 2003 Prepared By: Amer Attar Submitted by: William G. Hughes Date: December January 28, 2003 PROJECTS UNDER CONSTRUCTION 1. First Street Extension - Environmental Mitigation This project will create approximately 1.49 acres of wetlands along Murrieta Creek at First Street. It includes construction of landscaping and irrigation improvements, and maintenance of said improvements for a period of five {5) years in accordance with California Department of Fish and Game and U.S. Army Corps of Engineers permit requirements. ACOE and RCFC are requesting the relocation of the mitigation site to avoid conflict with Murrieta Creek Improvement Project. A letter was sent from the City to ACOE for possible alternate mitigation site. The City is waiting for a response from ACOE concerning the relocation. 2. Community Theatre - Mercantile Seismic Retrofit This project will create a community theatre at the old Mercantile building in downtown Temecula. 2H Construction began construction on Monday, September 16, 2002. Construction of the two structural braced frames is occurring with re-grouting of the brick masonry underway. 3. Children's Museum This project will construct a 7,500 square foot children's museum. The contract was awarded at the September 17, 2002, City Council meeting to R.E. Fleming Construction. The contractor is proceeding with completion of the new entry gazebo, porch railing and roof. The HVAC units have been set and the contractor will be constructing screens for the visible units. Repair and retrofit of the foundation system on the east side of the building will be required. This will result in a delay of at least two months. PROJECTS BEING ADVERTISED FOR BIDS 1. Pechanga Parkway (Formerly Pala Road) Sound Wall Improvements Under this project, sound walls will be designed and constructed on the southwest side of Pechanga Parkway, from Rainbow Canyon Road to the Pechanga casino and on the northeast side along the residences just north of Loma Linda. No construction bids were received on December 12, 2002 and the project was re-advertised for bids. The new construction bid opening will be held on February 4, 2003, and the contract will be awarded at the February 11,2003 City Council meeting. Construction will begin in March 2003. R NVl onthlyActivityRepor t~C IP~2002kDec~mb~r.doc PROJECTS IN DESIGN 1. Pechanga Parkway (Formerly Pala Road) Improvements - Phase II (SR 79 South to Pechanga Road) This project will widen Pechanga Parkway (formerly Pals Road) to its ultimate width from the Pechanga Parkway Bridge to Pechsngs road. The City is currently working with Csltrans' Local Assistance and City's Environmental Consultant to expedite the environmental approval process. The Preliminsry Environmental Document Clsssification (NEPA) of the project has been determined to be an "Environmental Assessment" (EA). Required technical studies (involving Federal action) will be included in the EA. The consultant submitted 95% drainage design plans to RCFC & WCD for review on January 9, 2003. RCFC & WCD will respond to the latest submittal within one month. The City received 90% street plans and specifications and they're currently reviewing them along with the utility companies. 2. Rancho California Road Bridge Widening Over Murrieta Creek This project will widen Rancho California Road Bridge over Murrieta Creek to provide four additional traffic lanes. The design consultant is currently making final revisions to the drawings and specifications. The project is scheduled to be advertised for bids by February 2003. 3. Temecula Library A full service library, approximately 34,000 square feet in area, will be designed and built on Pauba Road, just west of Fire Station #84. This project will provide the community with library resoumes and services. A separate parcel has been created for the library for bond purposes. The application to the State was submitted on 6/13/02. The City's application was not among the approved ones. The City will be resubmitting for the second round of funding approvals later this year. Construction is delayed until Spring 2004, provided that the City receives funding. Utility services construction will be coordinated with Pauba Road, Phase II Street Improvements. 4. Pauba Road Improvements - Phase II (Margarita Road to Showalter Road) This project will widen Pauba Road from Showalter to just west of Margarita Road to its ultimate width. The City has reviewed the 100% Design Plans submitted by the consultant. Specifications are under review. Plans were sent to all utilities and utility issues are being addressed. Environmental documents have been finalized by the City Planning Department and the public comment period will begin next month. Work is being coordinated with the library project. 5. John Warner Road Assessment District - Hydrology Study Under this project a drainage study will be done to compliment the improvement plans being done by the property owners. Eventually the City will be the oversight agency for a property owners sponsored assessment district. An agreement amendment was approved by City Council on October 8, 2002. ERSC submitted a revised hydrology study with storm drain alternatives on 10/30/02. The City chose a preferred alternative and directed ERSC to prepare the final Storm Drain plans and Engineer's Cost Estimate. Final Design Documents are expected end of January/ beginning of February 2003. 6. Landscaping and Sidewalk On SR 79 South (Front Street to Pechanga Parkway) The project consists of the design and construction of new sidewalk, landscaping, and irrigation 2 R:~viontldyActivityReporfiClP~2002~December.dcc along State Route 79 South between Pechanga Parkway and Old Town Front Street. Review of 1st plan submittal is complete. However, the project scope was modified. The modifications were incorporated into 60% submittal, and the plans were re-submitted to Caltrans. Caltrans tentatively approved the plans, and final revisions are being made. HOA has tentatively approved the planting layout. Final plans have been submitted to the City, plan review is in process. Corrected civil drawings were sent back to consultant. 7. Temecula Sports Complex A new 40+ Acres sports complex will be built at the corner of Pechanga Parkway and Deer Hollow Way. The City Council approved the Conceptual Master Plan of the project and funding at the January 14, 2003 meeting. RJM, the landscape architect, is to develop the construction drawings. Existing facility maps for Pechanga Parkway and Deer Hollow Way have been received from utility companies. 8. Bridge Barrier Rail Upgrade, Rainbow Canyon Road over Pechanga Creek/Del Rio Road over Empire Creek This project will replace the existing barrier roils of the Rainbow Canyon Bridge over Pechanga Creek and the Del Rio Road Bridge over Empire Creek. Simon Wong Engineering (SWE) delivered the 100% Plans and the Engineer's Cost Estimate in early October. The Specifications are complete. The request for authorization for construction funding was sent to Caltrans on 1/14/03. 9. Fire Station - Wolf Creek Site A fire station will be built at the Wolf Creek Site. The Plans have been approved with exception of grading plans. Revised precise grading plan submitted for final plan check on 1/15/03. Once parcel is recorded and APN & address assigned utility service may be finalized. 10. Pavement Management System Update The project will establish a pavement management program that will provide an on-going schedule of needed repairs and provide data that will be used to prepare budget estimates required to complete the scheduled work. GIS links, AutoCAD review, and updates to MicroPAVER are included in the total program. The consultant submitted the final pavement study to the City and comments were returned to the consultant the week of January 16, 2003. The consultant has conducted three MicroPAVER training sessions for Public Works staff. 11. Vail Ranch Park (Near Pauba Valley School) - Add Amenities This project will add amenities, including play equipment to the recently annexed Vail Ranch Park. RHA Landscape Architects/Planners Inc. is the design firm. First submittal was made on May 3rd. The City reviewed these documents and returned them to the consultant for revisions. The City and RHA met on 7/31/02 to discuss these comments and revisions are being made. Soil samples were taken and results were provided to TCSD on 8/28/02. TCSD had a grading plan prepared and it was submitted in 12/02. The City is currently reviewing the grading plan. Once the grading plan is accepted the design documents will be finalized. 12. Murrieta Creek Multi Purpose Trail This project will build portions of the equestrian and bike trails along Murrieta Creek within City limits. The City has received a federal grant of $1,214,000. Caltrans has given the City the "Authorization to Proceed with Preliminary Engineering." The City has determined the most qualified 3 R:~Vl onthlyActivityRepor t~ClPX2002~December.doc consultant based on the interviews held on November 19, 2002. The City is currently in contract negotiation with the chosen consultant. 13. State Route 79 South Medians Under this project medians will be constructed on State Route 79 South within the City of Temecula limits. A Request For Proposal (RFP) was sent out to consultants during the week of November 4, 2002. Responses have been received. Staff reviews of proposals have been completed. Proposals were sent to Caltrans for their review. Negotiations set to begin during week of 01/21/03. 14. Guardrail Installation and Replacement On Rainbow Canyon Road In this project, old guardrails will be replaced and new guardrails will be installed in needed locations on Rainbow Canyon Road within the City of Temecula. The RFP for design has been prepared but must be approved by Caltrans prior to publishing. The request for RFP approval and design funding was submitted to Caltrans on 11/06/02. The City's Planning Department has prepared the required environmental documents. 15. Old Town Southern Gateway Landscaping Under this project, 10,000 square feet remnant parcel west of Front Street, which was created by the realignment of First Street, will be landscaped. Project plans have been received and are under staff review. 16. Diaz Road Realignment Under this project, Diaz Road will be realigned to Vincent Moraga Road at Rancho California Road. Business Park Drive will be a T-intersection at Diaz. City staff is currently designing the project. Street and landscaping design completion is scheduled for January 2003. A signal at the intersection of Diaz and Rancho Way has been added and is currently under design. Right of Way processing is anticipated to be completed by Mamh of 2003. 17. Rancho California Road Median Modifications at Town Center The project will include the closing of the two median openings on Rancho California Road in front of the Town Center, while lengthening the left turn lanes at Ynez Road, Town Center Drive, and Via Los Colinas to improve traffic circulation. The design is 100% complete. This project is being combined with PW00-20, which includes a right turn lane eastbound on Rancho California Road at Ynez Road. Combining the design of the two projects will be completed by early February with bidding by mid February. 18. Rancho California Road Widening at Ynez Road (Add right turn lane to westbound lanes) This project will add a right turn lane on westbound Rancho California Road at Ynez Road. Right of way acquisition at the northeast corner of Rancho California and Ynez is in process with Claim Jumper Restaurant and Swedish American Corporation signing the acquisition agreements. However, Swedish American Corporation is failing to respond to escrow instructions, and it appears that we will have to acquire this property through eminent domain. This will delay the project. Construction is anticipated to begin summer of 2003. Design is 90% complete. This project will be combined with PW00-02. 4 R:WlonthlyActivityRepor t\ClPX2002'~December.doc 19. Winchester Road Widening Between Enterprise Circle and Jefferson This project will widen Winchester road between Enterprise Circle and Jefferson Avenue. It will also add a right turn lane from Eastbound Winchester to Southbound Jefferson, starting at Enterprise Circle. Project layout was plotted and discussed with Traffic and the Director of Public Works. In- house design continues, with recent modifications to the design being implemented. 20. Rancho California Sports Park ADA Access and Shade Structure This project entails the design and construction of ADA compliant concrete walkways to the remaining ball fields, 3,4,5,7 & 8. It will also include the installation of two shade picnic/seating areas adjacent to the snack bar building. Design work is 95% complete. Currently, the second plan submittal is being revised. Specifications are being finalized and have been submitted for review. Revisions have been completed. Specifications revisions are to be completed during the week of 1/21/03. We anticipate advertising for construction in March 2003. 21. Bus Bench Upgrades Under this project, bus benches and shade structures will be installed and existing ones will be upgraded at various locations. Project research on locations of current bus stops, existing bus bench/shade structures, bus bench/shade structure costs and RTA routes is complete. Bus bench/shade structure design and location options will be reviewed during the next reporting period. 22. Jefferson Avenue Pavement Rehabilitation - Phase II This project will rehabilitate Jefferson Avenue from south of Overland Drive to Rancho California Road. The rehabilitation will include pavement overlay, and road and driveway reconstruction. Staff is in the process of hiring a surveying and a soils firm to provide topographic maps and pavement analysis for this project. Once the consultant completes the maps, staff will begin the design. 23. Pavement Rehabilitation Program - FY 2002/2003 Staff is reviewing the Pavement Management Report prepared by Berryman & Henigar to ascertain which street sections should be repaired with the available budget for this project. PROJECTS IN THE PLANNING STAGE 1. 1-15! SR 79 South Interchange - Project Study Report (PSR) This project will modify the 1-15/SR 79 South Interchange to accommodate projected future traffic. The City received the final Value Engineering Analysis Report from Caltrans on May 8, 2002. All the proposed alignments presented by the value analysis team were rejected. A meeting between the City and Caltrans staff occurred on 9/11/02 to discuss the project. The Cites consultant provided an alignment modification with supporting traffic data to Caltrans on 10/02/02. Caltrans provided comments and the consultant addressed those comments and sent a response to CaRrans. We are waiting for Caltrans' decision. 5 R:~vl ontldyActivityRelx:~Cll~2002'~December.doc 2. French Valley Parkway Overcrossing and Interchange, Project Report (PR), Plans Specifications, and Estimate (PS&E) Preparation This project will construct an interchange between Winchester Road Interchange and the 1-15/I-215 split. On October 3, 2002 five consultants were interview by a seven-member panel consisting of Caltrans, City of Murrieta, and City of Temecula personnel. The interview process included a presentation by each consultant and a questions/answers period. The panel has recommended the most qualified consultant. The consultant will be providing the City a Project Report (PR), and Environmental Documents (ED) for this first phase of the design process. This project will include the southbound oft-ramp to Jefferson Avenue. On January 14, 2002, the City Council approved the design contract with Moffatt & Nichol Engineers. 3. Murrieta Creek Bridge - Overland Drive Extension to Diaz Road This project will entail alignment studies and the design of an extension of Overland Drive, westerly to Diaz Road, which includes a new bridge over Murrieta Creek. The project includes the widening of Overland Drive from Jefferson Avenue to Commerce Center Drive, and the extension of Overland Drive across Murrieta Creek to Diaz Road. PDC has completed the alignment study and staff has reviewed copies of the preliminary plans. Staff has reviewed design costs for next year's fiscal funding. No funding until FY04-05. 4. Alignment Study for Murrieta Creek Bridge Between Winchester Road and Temecula City Limits and Diaz Road Extension This study will determine the alignment and location of the Murrieta Creek crossing between Winchester Road and the northern City Limits. In addition, the study will be combined with the Diaz Road Extension alignment study and design. Coordination with the City of Murrieta, Riverside County Flood Control and Army Corps of Engineers is necessary. The Consultant and Staff met with Riverside County Flood Control to discuss possible alignments. The consultant is currently awaiting data from Riverside County Flood Control in order to complete the work on the first draft of the alignment study. Staff was informed this data could take up to a year to receive (from May 2002). PROJECTS THAT ARE SUSPENDED OR ON-HOLD 1. Santa Gertrudis Bridge Widening at 1-15 This is Phase II of the Southbound Auxiliary Lane project at the southbound exit ramp for Winchester Road. This project will widen the 1-15 southbound exit-ramp at the Santa Gertrudis Creek Bridge to provide an additional lane on the exit ramp just north of Winchester Road. Staff is revisiting the merits of this project in light of the Project Study Report for French Valley Parkway Interchange. The study shows that this bridge may have to be removed in the future to accommodate the new Interchange. This project is suspended indefinitely. 2. Margarita Road/Winchester Road Intersection Improvements Project is on hold. Under this project, an additional left turn from eastbound Winchester to northbound Margarita will be added in order to accommodate increasing traffic volumes. Design is 50% complete. A developer will be doing this project. 6 R:WlonddyAcfivityRepor t~C1PX2002XDecember.doc 3. Pujol Street Sidewalk Improvements - Phase II Project is on hold. This project will complete the knuckle at the intersection of Sixth Street and Felix Valdez. The developer of a nearby property may be designing and constructing this project. 4. School Site ADA Improvements Project has been removed from this year's ClP. Design and construct ADA concrete walkways and hand railing to athletic facilities at Temecula Middle School, James L. Day Middle School and Margarita Middle School. TCSD re-allocated the funds. 5. City Hall Parking Lot Modifications Project is on-hold. Funding has been postponed until FY 2004/2005. Under this project, a security fence will be installed between the existing maintenance facility and the western side of City Hall to secure the parking lot west of the main building. The design of a security fence between the existing maintenance facility and the western side of City Hall will be performed in-house. A scoping meeting was held on November 12, 2001. Research on existing base maps for the proposed area and as-builts for the existing security fence near the maintenance facility is complete. Design and review of the proposed layout is complete. The project is currently on hold waiting for further direction 7 R:~MonthlyActivityRepor1\ClPx2002~December.d~c iii I-- Z iii iii 0 --I 0 ,,8 LU ..8 I.- Z uJ iii --I 8 Z UJ UJ 0 ..I ,,8 ,,8 LU o~ mmm 0 n --I TO: DATE: SUBJECT: MEMORANDUM Bill Hughes, Director of Public Works/City Engineer Brad Buron, Maintenance Superintendent January 6, 2003 Monthly Activity Report - December, 2002 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of December, 2002: SIGNS A. B. C. Total signs replaced Total signs installed Total signs repaired 104 8 73 6 2~249 55 172 34 2~340 II. TREES A. Total trees trimmed for sight distance and street sweeping concerns II1. ASPHALT REPAIRS A. Total square feet of A. C. repairs B. Total Tons IV. CATCH BASINS A. Total catch basins cleaned VI. VII. RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement GRAFFITI REMOVAL A. Total locations B. Total S.F. STENCILING A. 4 New and repainted legends B. 50 L.F. of new and repainted red curb and striping Aisc, City Maintenance staff responded to 46 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 39 service order requests for the month of November, 2002. The Maintenance Crew has also put in 175 hours of overtime which includes standbytime, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of December, 2002 was :~ 85,532.50 compared to $ 201252.00 for the month of November, 2002. Account No. 5402 $ 82,082.50 Account No. 5401 $ 3,450.00 Account No. 999-5402 $ - 0 - CC: Ron Parks, Deputy Director of Public Works Ali Moghadam, Senior Engineer (ClP/Traffic) Greg Butler, Senior Engineer (Capital Improvements) Amer Attar, Senior Engineer (Capital Improvements) Jerry Alegria, Senior Engineer (Land Development) STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of December, 2002 DATE ACCOUNT STREET/CHANNEL/BRIDGE DESCRIPTION OF WORK TOTAL COST SIZE CONTRACTOR: IMPERIAL PAVING COMPANY Date: 12/05/02 # 5402 VIA PUESTA DEL SOL R & R 3,060 S.F. OF A.C. DUE TO STREET FAILURE AROUND EMWD MANHOLE TOTAL COST $ 15,930.00 CONTRACTOR: TORAN DEVELOPMENT Date: 12/2002 # 5402 CONTRACTOR: OLD TOWN SAND & REFINISH BOARDWALK. REPAIRS TO BOARDWALK AND LAMP POST TOTAL COST $ 45,957.00 MONTELEONE CONTRACTORS Date: 12/10/02 # 5402 CONTRACTOR: LA PAZ @ HWY 79 SO. EROSION CONTROL ON PARK AND RIDE LOT TOTAL COST $ 3,900.00 RENE'S COMMERCIAL MANAGEMENT Date: 12/2002 # 5402 Date: 12/17/02 # 5401 CITYVVlDE CITY/NIDE CHANNELS R.O.W. PRE-EMERGENT SPRAYING TOTAL COST $ 11,842.50 SPRAY 12 CHANNELS WITH PRE-EMERGENT HERBICIDES TOTAL COST $ 3,450.00 CONTRACTOR: BECKER ENGINEERING Date: 12/12/02 # 5402 Date: 12/31/02 # 5402 ClTYWIDE JEFFERSON AT WINCHESTER A.C. SAW CUTTING FOR P.W. MAINT. PATCH CREW TOTAL COST I $ 2,628.00 REMOVE & REPLACE PEDESTRIAN BARRICACDE TOTAL COST TOTAL COST ACCOUNT #5401 $ 3,450.00 TOTAL COST ACCOUNT #5402 $ 82,082.50 TOTAL COST ACCOUNT #99-5402 -0- $ 1,825.00 .< CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF DECEMBER, 2002 DATE LOCATION WORK COMPLETED 12/02/02 27364 JEFFERSON REMOVED 9 S.F. OF GRAFFITI 12/05/02 27365 JEFFERSON REMOVED 2 S.F, OF GRAFFITI 12/05/02 WINCHESTER AT RUSTIC GLEN REMOVED 5 S.F. OF GRAFFITI 12/05/02 IvlURRIETA CRREK REMOVED 233 S.F. OF GRAFFITI 12/05/02 MARGARITA PARK REMOVED 60 S.F, OF GRAFFITI 12/05/02 WINCHESTER AT SANTA GERTRUDIS CREEK REMOVED 107 S.F. OF GRAFFITI 12/05/02 WINCHESTER AT RUSTIC GLEN REMOVED 84 S.F. OF GRAFFITI 12/06/02 WINCHESTER AT SANTA GERTRUDIS CREEK REMOVED 120 S.F. OF GRAFFITI 12/09/02 I-I 5 FWY AT OVERLAND REMOVED 233 S.F. OF GRAFFITI 12/09/02 1-15 FWY AT OVERLAND REMOVED 86 S.F. OF GRAFFITI 12/09/02 PASEO BRILLANTE AT MARGARITA REMOVED 8 S.F. OF GRAFFITI 12/11/02 1sT STREET BRIDGE REMOVED 150 S.F. OF GRAFFITI 12/12/02 27532 JEFFERSON REMOVED 4 S.F. OF GRAFFITI 12/16/02 WINCHESTER CREEK PARK REMOVED 7 S.F. OF GRAFFITI 12/17/02 PAUBA AT BUTTERFIELD STAGE REMOVED 4 S.F. OF GRAFFITI 12/19/02 MARGARITA AT MORAGA REMOVED 6 S.F. OF GRAFFITI 12/23/02 BUTTERFIELD STAGE AT DE PORTOLA REMOVED 6 S.F. OF GRAFFITI 12/26/02 1-15 FWY AT HWY 79 SO. (10 LOCATIONS) REMOVED 715 S.F. OF GRAFFITI 12/30/02 NICOLAS AT SANTA GERTRUDIS CREEK REMOVED 225 S.F. OF GRAFFITI 12/30/02 26459 YNEZ REMOVED 8 S.F. OF GRAFFITI 12/30/02 26475 YNEZ REMOVED 10 S.F. OF GRAFFITI 12/31/02 CROWN HILL AT OLD KENT REMOVED 4 S.F. OF GRAFFITI 12/31/02 44515 BEDFORD COURT REMOVED 72 S.F. OF GRAFFITI 12/31/02 OVERLAND BRIDGE REMOVED 192 S.F. OF GRAFFITI TOTAL S.F. GRAFFITI REMOVED 2,340 TOTAL LOCATIONS 34 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF DECEMBER, 2002 DATE LOCATION WORK COMPLETED 12/02/02 28999 FRONT STREET REPLACED 2 R-26 12/02/02 WELTON AT BUTTERFIELD REPLACED S.N.S. 12/02/02 MAIN AT MERCEDES REPLACED R-I 12/02/02 PAUBA EAST OF SHOWALTER REPLACED 3 CARSONITES 12/02/02 MASTER DRIVE AT CLUBHOUSE DRIVE INSTALLED W-53 12/02/02 RANCHO CALIFORNIA ROAD AT YUKON REPLACEI3 R-7, K-MARKER 12/02/02 CITYWIDE REPAIRED 9 SIGNS 12/04/02 VIA MONTEZUMA AT JEFFERSON REPLACED R-61 12/04/02 DEL RIO AT JEFFERSON REPLACED R-61 12/04/02 PAUBA AT ELINDA INSTALLED S.N.S. 12/04/02 VAIL RANCH REPLACED 8 S.N.S. 12/04/02 AVENIDA DE MISSIONES AT VIA RIO TEMECULA REPLACED R-1 12/06/02 YNEZ AT TOWN CENTER REPLACED R-7 12/06/02 29631 DEL REY REPLACED R-1 12/09/02 LOMALINDA AT PECHANGA PARKWAY REPLACED 2 CARSONITES 12/09/02 DIAZ AT VIA MONTEZUMA REPLACED R-44 12/09/02 WINCHESTER AT MARGARITA REPLACED "K" MARKER 12/09/02 DARTOLO AT MARGARITA REPLACED R-7, "K' MARKER 12/09/02 CITYWIDE REPAIRED 16 SIGNS 12/10/02 CITYWIDE REPAIRED 6 SIGNS 12/10/02 DEL RIO AT CALLE CORTEZ REPLACED S.N.S., R-1 12/10/02 28007 JEFFERSON INSTALLED W-6AND W-33 DATE LOCATION WORK COMPLETED 12/12/02 DEL RIO AT JEFFERSON REPLACED W-41 12/16/02 MARGARITA AT RUSTIC GLEN REPLACED 44 DELINEATORS 12/16/02 NICHOLAS AT CALLE MEDUSA REPLACED R-30 12/17/02 MILKY WAY AT ASTEROID REPLACED R- 1 12/17/02 PAUBA AT BUTTERFIELD STAGE ROAD REPLACED R-18-2 12/18/02 MARGARITA AT STONEWOOD REPLACED W-41 12/18/02 MARGARITA AT PASEO BRILLANTE REPLACED R-26 12/18/02 BRAVOS AT CALLE PI~A COLADA REPLACED R-25 12/18/02 SALT RIVER COURT AT PII~IA COLADA REPLACED W-6 12/18/02 CARLTON WAY AT WINDWOOD CIRCLE INSTALLED R-1 12/i 8/02 CARLTON WAY AT GEORGETOWN INSTALLED R-1 12/19/02 MARGARITA AT RANCHO CALIFORNIA ROAD REPLACED W4 1 12/19/02 41861 CARLTON WAY INSTALLED R-2 25 12/19/02 29436 GEORGETOWN INSTALLED R-2 25 12/19/02 MARGARITA AT RUSTIC GLEN REPLACED 14 DELINEATORS 12/19/02 CITYWIDE REPAIRED 26 SIGNS 12/23/02 WOLF STORE ROAD AT BUTTERFIELD REPLACED I DELINEATOR 12/23/02 RANCHO CALIFORNIA ROAD AT BUTTEREIELD REPLACED 3 DELINEATORS 12/30/02 RANCHO CALIFORNIA ROAD AT TREE DRIVE REPLACED "K" MARKER 12/30/02 RAINBOW CANYON DRIVE REPLACED CITY LIMIT SIGN 12/30/02 RANCHO VISTA ROAD AT MARGARITA REPLACED R-2 "45" 12/30/02 CITYWIDE REPAIRED 16 SIGNS TOTAL SIGNS REPLACED 104 TOTAL SIGNS INSTALLED 8 TOTAL SIGNS REPAIRED 73 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF DECEMBER, 2002 DATE LOCATION SCOPE OF WORK S.F. TOTAL TONS 12/02/02 43062 VIA DOS PICOS R & R A.C. 333 6.5 12/03/02 AVENIDA ALVARADO / VIA DOS PICOS R & R A.C. 233 6.5 12/04/02 AVENIDA ALVARADO AT DIAZ R & R A.C. 252 6.5 12/09/02 42011 AVENIDAALVARADO R& R A.C. 171 5 12/10/02 DEL REY ROAD R&R A.C. 53 3 12/11/02 42396 RtO NEDO R&R A.C. 66 2 12/12/02 42396 RIO NEDO R & R A.C. 160 4.5 12/16/02 RAINBOW CANYON ROAD A.C. OVERLAY 144 35 12/18/02 29631 DELREY R&R A.C. 242 4 12/23/02 43991 JOHN WARNER ROAD R & R A.C. 275 6.5 12/26/02 43991 JOHN WARNER ROAD R & R A.C. 160 3.5 12/30/02 41780 YORBA R & R A.C. 160 3.5 TOTAL S.F. OF REPAIRS 2~249 TOTAL TONS 55 R:\MAINTAIN[WKCMP LTD~ASPHALT RPR/02 03\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF DECEMBER, 2002 DATE LOCATION WORK COMPLETED 12/03/02 PAUBA EAST OF YNEZ TRIMMED 2 R.O.W. TP~EES 12/16/02 40431 CALLE MEDUSA TRIMMED 2 R.O.W. TREES 12/23/02 PECHANGA PARKWAY AT VIA CONSUELO TRIMMED 2 R.O.W. TREES TOTAL R.O.W. TREES TRIMMED 6 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF DECEMBER, 2002 DATE LOCATION WORK COMPLETED 12/02/02 CITYWIDE CLEANED & CHECKED 21 CATCH BASINS 12/03/02 AREA g4 CLEANED & CHECKED 6 CATCH BASINS 12/04/02 AREA g4 CLEANED & CHECKED 15 CATCH BASINS 12/05/02 AREA 04 CLEANED & CHECKED 13 CATCH BASINS 12/11/02 AREA g4 CLEANED & CHECKED 4 CATCH BASINS 12/12/02 AREA/~4 CLEANED & CHECKED 23 CATCH BASINS 12/18/02 CITYWlDE RAIN CLEANED & CHECKED 40 CATCH BASINS 12/20/02 CITYWlDE RAIN CLEANED & CHECKED 22 CATCH BASINS 12/20/02 CITYWIDE RAIN CLEANED & CHECKED 11 CATCH BASINS 12/23/02 CITYWIDE RAIN CLEANED & CHECKED 17 CATCH BASINS TOTAL CATCH BASINS CLEANED & CHECKED 172 R:'uMAINTAYI~WKCM PLET D\CATCHBAS\02 03\DECEMBER CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS / STRIPING MONTH OF DECEMBER, 2002 DATE LOCATION WORK COMPLETED 12/18/02 CARLTON WAY AT WINDWOOD CIRCLE INSTALLED I LEGEND 12/18/02 CARLTON WAY AT GEORGETOWN INSTALLED 1 LEGEND 12/18/02 MARGARITA AT GEORGETOWN INSTALLED 50 L.F. RED CURB I2/19/02 41861 CARLTON INSTALLED 1 LEGEND 12/19/02 29436 GEORGETOWN INSTALLED 1 LEGEND TOTAL NEW & REPAINTED LEGENDS 4 NEW & REPAINTED RED CURB & STRIPING L.F. 50 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF DECEMBER, 2002 DATE LOCATION REQUEST DATE WORK RECEIVED COMPLETED 12/02/02 42315 VILLA CONSUELO ROOT PRUNING 12/02/02 12/02/02 41215 PROMENADE CHARDONNAY HILLS ROOT PRUING 12/02/02 12/02/02 28671 CALLE CORTEZ S.N.S. MISSING 12/02/02 12/02/02 45332 TOURNAMENT LANE TREE REPLACEMENT 12/02/02 12/02/02 31195 SAHO COURT TREE REMOVAL 12/02/02 12/03/02 29631 DEL REY ROAD POTHOLE 12/03/02 12/03/02 45686 JERONIMO STREET TREE DOWN 12/03/02 12/04/02 DEL REY ROAD AT AVENIDA VERDE TREE REMOVAL 12/04/02 12/04/02 McCABE AT CAMINO ALAGON DEBRIS PICK-UP 12/04/02 12/04/02 31583 VIA SANTA INES R-1 DOWN 12/04/02 12/09/02 31073 DEL REY ROAD DEBRIS PICK-UP 12/09/02 12/10/02 CERCLE BEAUREGARD S.N.S. DOWN 12/10/02 12/10/02 31226 COMOTILO COURT TREE TRIMMING 12/10/02 12/10/02 41735 WINCHESTER SIDEWALK REPAIR 12/10/02 12/11/02 LOMALINDA AT PECHANGA PARKWAY DEBRIS PICK-UP 12/11/02 12/12/02 31722 CORTE ENCIAS TREE TRIMMING 12/12/02 12/12/02 31660 CORTE ESPARZA S.N.S. DOWN 12/12/02 12/12/02 42065 VIA BESO DEL SOL SIDEWALK REPAIR 12/12/02 12/13/02 41543 AVENIDA DE LA REINA STROM DRAIN MAINTENANCE 12/13/02 12/13/02 41855 CALLE NOVELA SNS DOWN 12/13/02 12/13/02 31643 CORTE ESPARZA OIL SPILL 12/13/02 12/16/02 DEL REY ROAD FENCE DOWN 12/16/02 12/16/02 30445 LA PRESA LOOP S.N.S. REQUEST 12/16/02 12/17/02 29764 VIA LA VIDA TREE TRIMMING 12/17/02 12/17/02 30396 MILKY WAY TREE TRIMMING 12/17/02 R'kMAINTAIN~WKCM PLTDkSORSUU LY 2002 - 2UNE 2003/DECEMBER 02 DOC DATE LOCATION REQUEST DATE WORK RECEIVED COMPLETED 12/17/02 44738 CORTE GUTIERRIZ S.N.S. DOWN 12/17/02 12/17/02 41872 VIA BALDARAMA SIDEWALK REPAIR 12/17/02 12/17/02 43780 PAULITA ROAD ROAD GRADING 12/17/02 12/17/02 29001 YNEZ DEBRIS CLEAN-UP 12/17/02 12/17/02 31139 SAHO COURT TREE TRIMMING 12/17/02 12/17/02 31344 CORTE TALVERA BROKEN PIPE 12/17/02 12/17/02 30650 CABRILLO AVENUE A.C. REPAIR 12/17/02 12/17/02 29999 YNEZ RAIN EROSION 12/17/02 12/17/02 28709 PUJOL STREET WATER VAULT SINKING 12/1702 12/17/02 29800 MIRALOMA TREE TRIMMING 12/17/02 12/19/02 45521 CLASSIC WAY TREE TRIMMING 12/19/02 12/20/02 43773 CAMPO ROJO TREE TRIMMING 12/20/02 12/20/02 RIDGE PARK DRIVE TREE DOWN 12/20/02 12/23/02 30346 CALLE HALCON TREE TRIMMING 12/23/02 12/26/02 33570 CORTE CONILLA MANHOLE REPAIR 12126102 12/26/02 30165 CORTE CARRIZQ DEBRIS PICK-UP 12/26/02 12/26/02 41337 PLACER LAFITE SLURRY CONCERN 12/26/02 12/26/02 40797 CALLE KATERINE TREE DOWN 12/27/02 12/27/02 WINCHESTER AT RORIPAUGH MANHOLE COVER L©OSE 12/27/02 12/30/02 PALA VISTA DRIVE ROAD GRADING 12/31/02 12/31/02 29610 AVENIDA DEL SOL R-1 DOWN 12/31/02 TOTAL SERVICE ORDER REQUESTS 46 APPROVAL CITY ATTORNEY CITY MANAGER ~-.J/ ! -- CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Anthony J. Elmo, Director of Building and Safe!y/~ January 28, 2003 Departmental Report Calendar Year 2002 PREPARED BY: Carol Brockmeier, Administrative Secretary END OF CALENDAR YEAR TOTAL NUMBER OF PERMITS ISSUED ................................................................. 3050 NSFR ................................................................................................................ 648 NCOM ................................................................................................................. 43 TOTAL VALUATION ................................................................................... $154,191.200 TOTAL NUMBER OF INSPECTIONS PERFORMED ........................................................................... 47,982 ATTACHMENT: Year End Statistics CITY OF TEMECULA YEAR JAN THRU DEC 2002 JAN THRU DEC 2001 JAN THRU DEC 2000 JAN THRU DEC 1999 JAN THRU DEC 1998 JAN THRU DEC 1997 JAN THRU DEC 1996 JAN THRU DEC 1995 JAN THRU DEC 1994 JAN THRU DEC 1993 JAN THRU DEC 1992 CONSTRUCTION TYPE BLDG COUNT SQ FEET NCOM 43 582,950 NSFR 648 2,243,302 NAPT 0 NCOM 38 730,286 NSFR 941 3,129,782 NAPT 0 NCOM 67 3,043,666 NSFR 1043 5,125,371 NAPT 4 374,000 NCOM 59 3,718,635 NSFR 1,256 6,820,930 NAPT 13 560,442 NCOM 77 NSFR 711 NAPT 47 NCOM 49 NSFR 735 NAPT 0 NCOM 43 NSFR 806 NAPT 0 NCOM 16 NSFR 817 NAPT 0 NCOM 19 NSFR 1123 NAPT 0 NCOM 12 NSFR 807 NAPT 0 NCOM 16 NSFR 521 NAPT 2 4,214,438 3,661,538 2,164,844 2,135,835 3,714,603 1,982,465 3,714,125 1,315,301 3,603,941 272,371 4,707,359 237,180 3,275,355 275,713 2,049,793 UNIT COUNT 244 199 716 R:WI LLIAMS.REPORT.COUNT SUMMARY TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY ~ CITY MANAGER ~ ] ' CITY OF TEMECULA AGENDA REPORT City Manager/City Council O'Grady, Assistant City Manag~'~ Jim January 28, 2003 Economic Development Monthly Departmental Report Prepared by: Gloda Wolnick, Marketing Coordinator The following are the recent highlights for the Economic Development Department for the months of November and December 2002. ECONOMIC DEVELOPMENT Leads & Inquiries In the months of November and December, the City received 3 leads and 1 inquiry. The leads included a sensor manufacturing company, new sporting goods store, and an open- air market. There was an inquiry on opening a motorcycle track business. On November 5th, staff met with Shawn Emerick of LSW Company regarding operating an open- air market in Temecula. Dick Kennedy advised staff that on December 1st they would be adding a Subaru line, which will be housed in the Hyundai store. Business Retention As part of the EDC's Business Retention Program, Diane Sessions of the EDC and staff met with Plant Equipment on December 3rd to learn more about the company and provide them with any assistance they may need. Herb Torrens provided a tour of their new 25,000 square foot facility, which is located next to their existing facility. Plant Equipment is the leading manufacturer of telecommunications equipment for 9-1-1 call-centers in North America. In the months of November and December, the Southwest Riverside County Alliance responded to 4 leads. Attached is a copy of their activity report. Media/Outreach Materials Staff supplied City information to Sondra Olvera to be published in The Business Press's "Inland Empire Guide by City" which will come out on March 10~h. The publication is distributed at all of The Business Press events as well as events they sponsor and participate in. Staff prepared information on Temecula and submitted it to California CEO Magazine for consideration in "The Top Cities To Do Business In" issue. California CEO is California's only statewide monthly business magazine written for top-level executives, business owners, and entrepreneurs. Each issue includes stories on prominent California business leaders, along with regular features on state-based industries, innovative approaches to management or product development, company tumarounds, business trends, and guest columns by industry experts. Staff wrote the City article for the December Chamber of Commerce Newsletter titled, "New Energy Savers Program Offers Relief from the High Cost of Energy." The article highlights a new energy retrofit program that is being offered by the Small Business Energy Alliance to small business owners. The program offers services including: energy survey, lighting retrofit, programmable thermostat, air-conditioning tune-up, and refrigeration system tune-up. Staff wrote the City article for the January Chamber of Commerce Newsletter titled, "City Of Temecula Institutes Revised Development Review Process." The article explains the changes to the process which includes the creation of an appointment process to accept all applications, hiring a consultant to update Temecula's Design Guidelines, adopting City guidelines for implementing the California Environmental Quality Act (CEQA), project tracking implemented through new software, and a customer service survey. Through streamlining our process and creating standard design requirements and processing timelines, Temecula will create an environment where quality development can be achieved without creating excessive costs to the development community. Staff provided articles and calendar of event listings to Neighbor's Magazine. The publication provides the City of Temecula with a page of editorial. In the November 20 issue of the Kiplinger California Letter there were several references made to Temecula. Staff sent a letter responding to the information published and provided additional information on Temecula for the editor to have on file. Meetings Staff attended the UCR CONNECT LINKS Luncheon on November Ist. Dale Stein, Vice President of Business Development for the Aradiant Corporation, presented the program "Benefits of Outsourcing Your Customer Care." Mr. Stein spoke on the philosophy, benefits and case studies of outsouroing (i.e. call centers). Councilmembers and staff attended a tour of the Harveston development sponsored by Lennar on November 5th. Most of the grading had been completed and lots would begin to sell in the spring of 2003. On November 5th, staff attended a meeting with representatives of the EDC of Southwest Riverside County to discuss the EDC Strategic Planning Workshop with the facilitator. On November 15th staff attended the EDC of Southwest Riverside County's Strategic Planning Workshop. In addition to EDC members, individuals from key business, utility, education and other sectors met and identified the region's strengths, weaknesses, opportunities and threats. The group identified some possible strategies to build on our strengths and address our weaknesses. This information will be used by the EDC to develop a strategic plan that can be used by the EDC and its members for the further economic development of our region. It is expected that a report summarizing the workshop outcome and possible strategies will be prepared in January. On November 6th, staff attended a CALED workshop on attracting retail development. The workshop sessions covered topics including: assessing the market, project design & retailing trends, retail recruiting, strengthening your areas retail base and fiscal benefits. Staff attended the EDC of Southwest Riverside County Business Relations Committee Meeting on November 7th. Company contact reports included the following companies: Project Design Consultants, Hydro Flow Filtration, Murrieta Development Corporation, and International Rectifier. As of November, there have been 3 site visits and 8 phone interviews. Staff reported that the Husing Demographic Report would be presented to Council in January and available on the City web site after approval, the public hearing on TUMF fees would be held on November 26, the presentation on Murrieta Creek improvements by the Flood Control District would be held at the November 23 Council meeting, the widening of the bridge on Rancho California over Murrieta Creek was delayed due to litigation, and staff provided an update on the Harveston project. Staff held a Commercial Brokers Meeting on November 7th. Topics covered included an update on the City's revised Development Review Process, Capital Improvement Program, and DIF and TUMF fees were discussed. Staff briefly talked about a new program providing Iow- cost, long-term financing for DIF and TUMF fees called the Statewide Community Infrastructure Program (SCIP). As a follow-up to the meeting, staff provided the brokers with additional information of the SCIP program. Staff attended the Regional Technology Alliance Workshop on November 13th in Riverside. Approximately 90 attended consisting of staff and researchers from major universities, venture capitalists, and businesses. One of the keynote speakers was Joseph Cortright, author of "Signs of Life: The Growth of Biotechnology Centers in the U.S." He spoke on the biotech industry and it's two sectors: Pharmaceuticals and Biotechnology. Staff attended a University of California Riverside Breakfast in San Bernardino on November 12t~ to discuss emerging issues for the physical and economic development of the Inland Empire. On November 14th, staff attended a dinner hosted by Guidant Corporation at Gourmet Italia to celebrate the completion of a development agreement governing future use of Guidant's property on the East side of Ynez Road. Staff met on November 21st to review the revised higher education center plan. On December 16th the campus master plan was presented to potential stakeholders with this project. Staff attended the Economic Alliance Partners Meeting on November 25th. The partners were shown the new Alliance GIS site. GIS training sessions for area brokers were scheduled for December 12th. The regional broker breakfast meeting scheduled for February was discussed. Also, discussed were potential branding names for our region. Vicki Reynolds, Economic Development'~ecialis~s, with the US Small Business Administration office, met with staff on December 4th to tail( about what the Federal Agency does, its programs and how they can work with us. Staff attended the EDCSWRC Business Relations Committee'llileeting on December 5th. The EDC reported on a follow-up with Murrieta Development Corporation as well as site visits with Guidant and Plant Equipment. A Business Relations Presentation was given which pr ,oyided an overview of the program's activities and findings from 1995 -June 2002. Staff provided a city report, which included an update and handout on TUMFand a~ew-~rogram providing Iow-cost, long-term financing for such fees, called the Statewide CommUnk~y infrastructure Program (SCIP) offered by the California Statewide Communities Development Authority. The report also included: the recent Temecula commercial broker's W,~e~ing, the new 30,000 'sq. ft. office building located on County Center Drive going to the Planning Commission in January, and the City will institute the appointment process to streamline our development reyiew process, which will begin January 1st. The Tourism CD Rom was distributed to committee members. Staff attended the EDCSWRC Strategic Planning Meeting on December 9th. As the result of the meeting, a draft summary of the SWOT analYSiS was compiled. On December 19th, staff attended the EDC of Southwest Riverside County Board of Director's Meeting. Items covered: The Norco Naval Weapons Center update was given by Joan Sparkman. The center is listed for closure or relocation in fall 2003. Board members will attend a tour of the facility in January. At that time they will determine whether to take a position on the closure. 909 Area Code Al Sabsevitz reported that the 909 area code is rapidly filling up - mostly due to the growth of wireless phones. Federal regulations currently prohibit splitting of area codes based on technology (e.g. separate code for cell phones or fax machines), but that is under review. Letter to County Reaardinl3 Hi¢lh School Site The Board of Directors is concerned that delays in approval of the 3rd high school site could further funding and crowding problems. The EDC will send a letter to the County requesting that they work with the School District so that the project can proceed in a timely fashion. Economic Alliance Web Site The SW Riverside Economic Alliance has upgraded its web site to include a variety of demographic, economic, and business information, as well as property information. For example, a prospective business could identify the types of business within a specified distance from its site, the population, income data, spending patterns, and educational levels of residents. Staff's report included: John Husing will present the updated City demographic report to Council on January 14; new demographic information would be available on the city website; Council would consider similar TUMF fees as adopted by the County Board of Supervisors, city and school district representatives attended the library funding hearing in Sacramento; the City was on record to oppose the power lines proposed by SDG&E; Maxim Manufacturing would close their facility in February with the loss of 109 jobs; the Roripaugh subdivision was approved by Council with a proposed annexation of several hundred acres; and residents of Redhawk may reconsider annexation at a future election. TOURIS~ Awards The Temecula Tourism CD Rom received the "Award of Distinction" from The Communicator Awards organization. This is an international awards program that recognizes work in the communications field. There were 3,242 entries from 48 states, the District of Columbia and 9 other countries. The entries are judged by industry professionals. Television and broadcast stations in the country submit entries to this competition as well as major public relations agencies and large companies. Group One Productions, producer of the CD, submitted this product for consideration. In December, Temecula was awarded "The Best of 2002 San Diego Editors' Winner for the Best Day Trip." The City was given this award by The SignOnSanDiego.com Entertainment Guide Editors. This is the official website for the San Diego Union Tribune. Temecula receives a page free of charge with a link to the City's website. This is the 3rd year for their online awards program. The City was sent a certificate and letter of congratulations that we can have displayed. It's nice that Temecula will continue to be on their site during this month as the Super Bowl will be in San Diego and many visitors may be looking for day tdps to take. Fa~miliarization Tour (FAM) On November 19t' a group of concierges from high-end hotels in Orange County,attended a FAM tour of Temecula. As part of the advertising agreement with Where Magazine - Orange County we are given the opportunity to host an event highlighting our attractions. The event included a visit to Lake Elsinore Outlet Mall, lunch at European Caf6 in Old Town and followed with a walking tour of Old Town, museum tour and time for shopping in Old Town. The Winegrowers Association held a food/wine pairing at Callaway Winery and the evening ended with a balloon glow. Travel Trade Shows The City will have an exhibit booth at the LA Times Travel Show, which will be held on February 1st & 2nd at the Long Beach Convention Center. Over 13,000 consumers and 800 travel agents attended last year. The show hosts over 200 exhibitors from countries and companies around the world. Staff worked with a graphic designer on Temecula's display ad for the show's program. Temecula will be promoting the new Children's Museum through displays and promotional items. The Temecula CD Rom will be on-line at the booth. Giveaways include the new CD Rom (to travel agents/tour operators, meeting planners), wine corkscrews, Temecula Creek Inn golf tees, and Children Museum buttons. City will schedule a meeting in January with Chamber representatives who will also be working the booth. The Glamer Travel Show sponsored by Group Leaders of America will be held at the Embassy Suites on February 13th. Approximately 90 activity & social planners, and group tour buyers from a 50 - 70 mile radius are expected to attend. Twelve travel companies will exhibit. Following the event, a FAM Tour will be offered which will include a tour of Old Town and the Museum and the Winegrowers Association will set up a food & wine pairing for the guests. FAM Tour Proposal The Inland Empire Tourism Council has applied for the opportunity to host 70-75 travel writers from the Midwest for one of their semi-annual conferences. It is scheduled for fall of 2003 or the spring or fall of 2004. Temecula has offered to be part of the FAM Tour if awarded the proposal. Media Coverage/Advertising Staff provided updated City and toudst information to Greg Farreil of Orange Coast Communications to be published in the 2003 TemeculalMurrieta Community Directory. The directory is sent to Temecula/Murrieta residents. Staff worked with a graphic designer on Temecula's ads to be displayed in the San Diego Convention & Visitors Bureau Pocket Guide, the Anaheim/Orange County Convention & Visitors Bureau Visitors Guide and The San Diegan. An article featuring Eight Great Antiques Districts appeared in the January/February issue of Westways Magazine. Staff supplied Westways with information on Old Town, Old and Old Town photo and calendar of events. Westways published the Old Town photo and Rod Run event listing. (see attached) The December issue of Association News published information on Temecula Creek Inn with photo, Pechanga Resort & Casino, Embassy Suites and wine country. Temecula packaged the information from the local hotels and submitted to Association News. (see attached) The winter issue of Where Orange County was published and distributed to high-end hotel properties in Orange County. The City has a co-op ad in this tourism publication. The City also received a free ad in the winter issue of Where San Diego which is distributed to high end hotels in San Diego and will be out during Super Bowl period (see attached) The Ontario Visitors Guide was published in December 2002 and ready for distribution. The City of Temecula has a full-page ad. The visitor guide is published twice a year. Approximately 40,000 copies are distributed throughout the region, as well as nationally and internationally. (see attached) As a member of the Ontario Visitors Bureau, Temecula toudst attractions and special events were included in their current Ontario Tourism brochure. The brochure is published in Spanish as well as English and made available domestically and internationally. Distribution also includes more than 1,700 travel writers, group leaders, travel agents and tour operators. (see attached) Staff develops and sends out the Quarterly Calendar of Events, which is sent to the media. The winter issue of RV Journal published some of the events (Rod Run and included photo, Winegrower's Winter Barrel Tasting, and the Old Town Bluegrass Festival. (see attached) Meetings Staff met with the Temecula Valley Chamber of Commerce on December 2nd to discuss the operation of Visitor Centers. Staff attended the Chamber Tourism Council Meeting on November 11th at the Pala Mesa Resort. A tour of Pala Mesa was given. Staff reported on City marketing activities including several media/concierges tours. Staff & the Winegrowers Association provided a tour for Jenny Werth, a travel writer from Los Angeles. She wrote an article on Temecula for the La Jolla Light publication. The second FAM included Orange County Concierges on November 19th. Staff reported on the new tourism CD Rom, and media coverage in Fabulous Finds Magazine, keyaccess.com and Suite101 .corn, a show on the Southwest Riverside County cable television and co-op advertising with the Inland Empire Tourism Council. On November 12th, the Special Events Group (staff) met to review and update the special events listings to include, on the City's master calendar, which is maintained by the City's webmaster. This calendar is very important as it provides a clear understanding of what events are occurring in the City, their location, event organizer, etc. This information will assist the City departments as well as other group organizers in the planning of their events. ATTACHMENTS Temecula Valley Chamber of Commerce Activities Report Economic Development Corporation of Southwest Riverside County Activities Report Southwest Riverside County Economic Alliance Activities Report Temecula Valley Film Council Activities Report Media Coverage TEMECULA VALLEY CHAMBER OF COMMERCE December 10, 2002 Shawn Nelson, City Manager City of Temecula 43200 Business Park Drive Temecula, CA 92590 Dear Shawn, Attached please find the Monthly Activity Report as per our contract with the City of Temecula. Board of Directors Update: The Chamber's newly designed building is due for completion on December !3, 2002. Move in date is scheduled for Friday, December 20, 2002 with a grand opening scheduled for February 19, 2003. This is the month of November at a glance: Business Inquiry Highlights: In the month of November, 7 businesses requested information on starting or relocating their business to Temecuta. They received a business packet, which includes a copy of the City of Temecula demographics, relocation, housing, ~entals, maps, organizations, etc. Committee Highlights: Tourism & Visitors Council: The Tourism & Visitors Council recommendation to the I'VCC Board was to develop into a Visitors & Convention Bureau in the newly designed Chamber building. The TVCC Board has approved the Visitors & Convention Bureau name and staff and volunteers will follow-up on the reseamh of adding the name to the Chamber of Commerce. Temecula Creek Inn Resort hosted the Tourism & Visitor Council meeting in the month of December. Education Committee: The committee is currently partnering with the Boys and Gids Club of Southwest County and the Temecula Valley Unified School District to discuss the implementation of a diversity awareness program. The committee will be meeting soon to coordinate the 3fd annual job fair to be held at the Promenade In Temecula on May 17, 2003. The career education subcommittee will begin meeting to discuss creating additional career education videos for the schools. Ways & Means Committee: The Business Showcase committee met to recap the event. Overall there were 87 exhibitors. The committee has new ideas for next year's event to possibly include a children's fair area. The Committee is continuing with plans for the 37th Annual Installation and Awards Banquet which will take place Saturday, February 22, 2003 at the Pechanga Resort & Casino. This year's Title Sponsors are Pechanga Resort & Casino and American Media/Transwestem Publishing. The 2003 State of the City Committee has met with City Staff to begin planning the upcoming event. A tentative date and {ocation has been scheduled for March 20, 2003 at the Edwards Cinema at the Promenade Mall. 27450 Ynez Road, Suite 124 · Temecula, CA 92591 Phone: (909) 676-5090 · Fax: (909) 694-0201 www.temecula,org · e-mlaih info@temecula,org Local Business Promotions Committee: The Local Business Promotion Committee awarded the grand prizewinner for Shop Temecula First. The committee will be hosting a business resource focus group to be held on December 5, 2002. Invitations were sent and confirmation was received for 9 prominent business leaders. The Businesses of the Month for December selected by the Government Action Committee are Glass Blasters!, Inc and The Gas Company. Juice It Up was awarded the Chamber Spotlight, and Garden Path Florist is the Mystery Shopper winner for the month of December. Government Action Committee: Report will be given next month. Membership Committee: Ambassador Networking Breakfast for the month of December wilt be cancelled due to the holiday but will resume on Wednesday, January 22, 2003 at the Embassy Suites Hotel. SoCal Blinds & Shutter Co. and RS Publishing are the Business Spotlight for the month of January. Lake Elsinore Outlet hosted the November 20, 2002 m!xer. Tourism Highlights (Bulk brochure distribution) Activity Report: · 50 City Maps to Temecula Valley Chamber of Commerce Weekend Visitor Center to distribute to visitors. · 100 Temecula Brochures, 100 Winery Brochures and 100 Pechanga Brochures to Temecula Country Store to distribute to visitors. · 30 Tourism Maps to Sandicor, Inc to distribute to employees for a corporate retreat. · 50 Tourism Maps, 100 Temecula Brochures and 50 Winery Brochures to Miss Rodeo California to distribute at the Miss Rodeo America Pageant. · 420 Visitor Guides to Temecula Springs Resort & South Coast Winery to distribute in mailings. · 190 Visitor Guides to The Welk Resort to distribute to visitors. · 50 Visitor Guides and 10 Relocation Guides to Morning Ridge Apartments to distribute to new residents. · 70 City Maps, 70 Visitor Guides and 70 Relocation Guides to Temeku Hills to distribute to new homeowners. Activity Report: Tourism calls for the month of November - 1,452 Phone calls for the month of November - 2,771 Walk-ins for the month of November - 2,278 Web Page User Sessions for the month of November - 4,059 Website Tourism Survey - "How did you hear about Temecula" - 247 responses were received: · Article-4% · Friend - 34% · Link - 6% Magazine - 5% · Other - 39% Radio - 1% · Search-5% · TV - 5% Also, attached are the meeting minutes for the Tourism and Visitors Council, Education, Local Business Promotions Membership and Marketing, Ways & Means and Government Action committee. If you have any questions regarding this information, please call me at (909) 676-5090. Thank you. Sincerely, Alice Sbffivan PresidentJCEO cc: Mayor Ron Roberts Mayer Pro Tern Jeff Stone Councilman Jeff Comerchero Councilman Mike Naggar Councilman Sam Pratt Shawn Nelson, City Manager Jim O'Grady, Assistant City Manager Gary Thomhill, Deputy City Manager Gloria Wolnick, Marketing Coordinator TVCC Board of Directors TEMECULA VALLEY CHAMBER OF COMMERCE January 13, 2003 Shawn Nelson, City Manager City of Temecula 43200 Business Park Drive Temecula, CA 92590 Dear Shawn, Attached please find the Monthly Activity Report as per our contract with the City of Temecula. Board of Directors Update: The Chamber's newly designed building is completed and the grand opening is scheduled for Wednesday, February 19, 2003. A special thank you to the City of Temecula for it's professionalism and efforts in helping us meet our deadline. Newly elected to the Board of Directors is Bette Endresen and Rusty Manning. Executive Board members are Chairman of the Board Ron Bradley; First Vice Chairman of the Board Katherine Eggers; Second Vice Chairman of the Board Bruce Cripe; Secretary of the Board Para Voit and Treasurer of the Board Doug McAIlister. Phil Oberhansley was also appointed as Director. This is the month of December at a glance: Business Inquiry Highlights: In the month of December, 7 businesses requested information on starting or relocating their business to Temecula. They received a business packet, which includes a copy of the City of Temecula demographics, relocation, housing, rentals, maps, organizations, etc. Committee Highlights: Tourism & Visitors Council: The Tourism & Visitors Council recommendation to the TVCC Board was to develop into a Visitors & Convention Bureau in the newly designed Chamber building. The TVCC Board has approved the hiring of a staff person for the tourism position. Temecula Valley Winegrowers Association and Thornton Winery hosted the Tourism & Visitor Council meeting in the month of January. Education Committee: The committee set their 2003 goals and objectives. The committee will be meeting on Thursday, January 9, 2003 to coordinate the 3rd annual job fair to be held at the Promenade In Temecula on May 17, 2003. The committee will partner with the Temecula Valley Unified School Districts Partners In Education. Ways & Means Committee: The committee will be meeting January 16, 2003 to set this year's goals and objectives. Plans are moving forward for this year's 37~h Annual Installation Banquet and Awards Ceremony. The event is set for February 22, 2003 at Pechanga Resort & Casino. The committee is also working on the 2003 State of the City Address and expects 350 in attendance on March 20, 2003. The 2003 Chamber Golf Classic is scheduled for May 2, 2003 at Temecula Creek Inn and is planning to have 216 golfers in attendance. 26790 Ynez Coud · Temecula, CA 92591 Phone: (909)676-5090 °1 Fax: (909)694-0201 www.temecula.org · e-maim: info@temecula.org Local Business Promotions Committee: The Local Business Promotion Committee hosted the business resource group with 8 business leaders in attendance. The committee will meet with Al Jazscar from the inland Empire Small Business Development Center to review the project and script. The Businesses of the Month for January selected by the Tourism and Visitors Council are Blue Ribbon Balloons and Hi-Tek Dynamics. 3G Telecomm was awarded the Chamber Spotlight, and Chris McMillen Pressure Washing is the Mystery Shopper winner for the month of January. · Government Action Committee: Report will be given next month. Membership Committee: Membership appreciation night at Wilson Creek Winery was a huge success with over three hundred members in attendance. The food catered by Marie Callender's was wonderful as usual with Home Town Buffet sponsoring the dessert and entertainment by Timmy D. production. So. Cai Blind and Shutters are the January Membership spotlight Tourism Highlights {Bulk brochure distribution) Activity Report: · 45 Maps, 45 Visitor Guides and 45 Winery Brochures to Sun Lakes RV Club to distribute to group. · 50 Maps, 125 Temecula Brochures, 110 Visitor Guides and 100 Winery Brochures to Coldwell Banker Association Realty to distribute to clients. · 75 Tourism Maps, 75 Visftor Guides and 175 Winery Brochures to Temecula Stage Stop to distribute to tourists. · 25 Tourism Maps and 25 Visitor Guides to Colorado River Ramblers to distribute to group. Activity Report: · Tourism calls for the month of December- 1,237 · Phone calls for the month of December- 2,326 · Walk-ins for the month of December- 1,711 · Web Page User Sessions for the month of December- 3,609 · Website Tourism Survey - "How did you hear about Temecula" - 221 responses were received: · Article - 5% Friend - 6% · Link - 22% · Magazine - 6% · Other-33% · Radio - 3% · Search-Il% · TV- 2% Also, attached are the meeting minutes for the Tourism and Visitors Council, Education, Local Business Promotions Membership and Marketing, Ways & Means and Government Action committee. If you have any questions regarding this information, please call me at (909) 676-5090. Thank you. President/CEO cc: Mayor Ron Roberts Councilman Jeff Comerchero Jim O'Grady, Assislant City Manager Gloria Wolnick, Marketing Coordinator Mayor Pro Tern Jeff Stone Councilman Mike Naggar Shawn Nelson, Cily Manager Gary Thornhill, Deputy City Manager TVCC Board of Directors Temecula Valley Chamber of Commerce Monthly Activity Report December 2002 PHONE CALLS TOURISM Tourism Referrals Calendar of Events Special Events General Information TOTAL TOURISM CALLS Relocation Demographics Chamber Miscellaneous TOTAL PHONE CALLS WALK-INS Tourism Calendar of Events Special Events General Information Relocation Demographics Chamber Miscellaneous TOTAL WALK-INS MAILINGS Tourism Relocation Demographics TOTAL MAILINGS E-MAIL Tourism Relocation Miscellaneous TOTAL E-MAIL WEB PAGE USER SESSIONS GRAND TOTALS PHONE CALLS WALK-INS MAILINGS E-MAIL WEB PAGE USER SESSIONS Chamber Vis. Center Year-To-Date This Month This Month Total 146 102 156 833 1,237 112 62 694 221 2,326 119 95 64 644 103 74 414 198 1,711 65 45 49 159 44 40 121 205 2,669 84 20 20 226 20 370 This Month 2,326 1,711 159 205 2,669 3,576 1,911 2,657 12.935 21,079 1,809 842 11,931 2,910 38,571 4.645 1,938 755 13,292 2,366 1,153 8,721 2,960 35,830 1,558 1,317 1,226 4, Ol 835 586 1,724 3,145 31,253 Year-To-Date 38,571 35.830 4,101 3,145 31,253 Annual Volume Comparisons Chamber December 2001 Chamber November 2002 Percentage PHONE CALLS TOURISM Tourism Referrals 306 146 -52% Calendar of Events 168 102 -39% Special Events 121 156 29% General Information 957 833 -13% TOTAL TOURISM CALLS 1,552 1,237 -20% Relocation 136 112 -18% Demographics 57 62 9% Chamber 957 694 -27% Miscellaneous 180 221 23% TOTAL PHONE CALLS 2,882 2,326 ;19% WALK-INS Tourism 299 119 -60% Calendar of Events 138 95 -31% Special Events 67 64 -4% General Information 875 644 -26% Relocation 173 103 -40% Demographics 59 74 25% Chamber 730 414 -43% Miscellaneous 181 198 9% Visitor Center Walk-Ins 257 370 44% TOTAL WALK-INS 2,779 2,081 -25% MAILINGS Tourism 54 65 Relocation 58 45 Demographics 66 49 TOTAL MAILINGS 178 159 2O% -22% -26% -11% 2,669 * Chamber referrals reflect faxes, walk-ins and phone calls WEBSITE USER SESSIONS E-MAIL Tourism 10 44 340% Relocation 23 40 74% Miscellaneous 101 121 20% TOTAL E-MAIL 134 205 53% ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY BUSINESS RELATIONS COMMITTEE MEETING Thursday, November 7, 2002 - 9:00 a.m. Workforce Development Center, Executive Board Room 27447 Enterprise Circle West, Tcmecula, CA Committee Members Present: Stevie Field, SWRC Economic Alliance Dennis Frank, UCR Extension Carmen Hill, TriStaff Group Dick Kurtz, CDM Group Keith Johnson, Mission Oaks National Bank Michael Lewin, Mirau, Edwards, Cannon, Harter & Lewin Jim O'Grady, City of Temecula Rex Oliver, Murrieta Chamber of Commerce Diane Sessions, Economic Development Corporation Guests: Lane McGhee, ARROW STAFF Resources, Inc. Liz Yuzer, Economic Development Corporation Call To Order · Michael Lewin called the meeting to order at 9:00 a.m. Follow-up Action Reports · Basics Etc., Inc. - Michael Lewin reported that Basics Etc. continued to explore their need to expand and that possible condemnation proceedings at that location were still unresolved. Dick Kurtz recommended that this item be removed ~om the Action items list. Company Contact Reports · ProjectDesign Consultants - Michael Lewin reported on his phone interview with Julia Litaker of ProjectDesign Consultants in Temecula. They provided engineering and survey services and focused primarily on commercial accounts. They opened their offices in Temecula in 1999 with 3 employees and now had 23. Ms. Litaker reported that 90% of their employees lived locally and they had requests ~om employees in their corporate ofces in San Diego to transfer to Temecula. Ms. Litaker indicated that advantages to doing business in the area included the boom in construction. Diane Sessions reported that ProjectDesign Consultants recently joined the EDC as a Corporate Member, and Arnie White was a new executive board member representing the company. · Hydro Flow Filtration - Rex Oliver reported on his visit with Jeff Koupmeiners, human resources manager for Hydro Flow Filtration in Murrieta. Hydro Flow Filtration, a division of Starite, provided water filtration, pool and spa products to vendors as well as Home Depot, Lowe's and Walmart. Hydro Flow Filtration had been in the area for 8 years and had 323 employees, most of whom lived in southwest Riverside County. He indicated that an advantage to being in the area was that entry level labor was abundant. They ranked their business as large and indicated that it was in the top 10%. Sales in the past year were up and Mr. Koupmeiners attributed it to people spending more time at home. Their major suppliers were located in Kentucky and California. Mr. Koupmeiners requested assistance with earthquake retrofitting their facility and wanted more information about the EDC. ,~ction: Rex Oliver will work with Mr. Koupmeiners regarding the earthquake retrofit. Diane Sessions will provide information about the EDC. Business Relations Committee Meeting Minutes - November 7, 2002 Page 2 of 3 · Murrieta Development Corporation - Diane Sessions reported for Gary Youmans on his phone interview with Todd Close, President of Murrieta Development Corporation in Temecula. Mr. Close indicated that they had been in the underground construction business locally for 25 years and had expanded ~om Murrieta to Temecula to a larger facility. He indicated that advantages of the area included the high growth, but a disadvantage was the traffic congestion. Their primary customers were developers in Riverside County and primary competitors were other general contractors in Riverside, San Diego and Orange counties. Their suppliers were located in San Marcos, Riverside, Rialto and Murrieta. They ranked their business as medium-sized and in the top 10% of those contractors. Sales in the past year were up and were attributed to increased growth in the area. He felt that the local economy was stable. The company had 65 employees and they all lived locally. No expansions to their plant or work force were expected. Their contingency for electrical outages was a generator. Mr. Close indicated that they were happy doing business in Southwest Riverside County but were concerned about insurance costs. Action: Diane Sessions will follow-up with Todd Close regarding their insurance issues. · International Rectifier - Jim O'Grady reported on a conversation with Hussein Naguib, Vice President of International Rectifier, regarding publicity about cutbacks and how it may affect local operations. Mr. Naguib indicated that International Rectifier had recently invested $14 million in upgrading their technology at the Temecula facility and he saw this as a reinforcement of their commitment to this location. · Dick Kurtz reported that he was working with McCall's Canning in their search for a 60,000 square foot facility. · Stevie Field reported that she had worked with a trust company in Lake Elsinore regarding their need to expand. She indicated that Marlene Best, City of Lake Elsinore, and Rob Moran, Riverside County EDA, also assisted. Business Relations Presentation Diane Sessions reported that her Business Relations presentation would be tabled until the December Business Relations meeting. Goal Progress Report ·Michael Lewin announced that visits and phone interviews in the fifth month of the fiscal year were as follows: 27 visits ~ 3 points each + 33 phone interviews ~ 1 points each = 60 visits/calls G114 points YTD VISIT PHONE POINTS Goal 27 33 114 Actual 3 8 17 Variance -24 -25 -97 Business Relations Committee Meeting Minutes - November 7, 2002 Page 3 of 3 New Committee Assignments · Michael Lewin reviewed the list of outstanding calls and offered the following new calls: Engineering Ventures - Dick Kurtz RBF Consulting - Dick Kurtz Plant Equipment - Jim O'Grady Nascal Interplex - Carmen Hill Control Systems Engineering - Stevie Field Johnson Machinery - Rex Oliver EDC News and Other Information · EDC Board Update - Diane Sessions reported that the regional strategic planning meeting would be held November 15 from 9:00 a.m. to 2:00 p.m. at the Temecula Creek Inn. · SWRC Manufacturers' Council- No report available. · City, County & Chamber News - City ofl. ake Elsinore - No report available. City ofMurrieta - Rex Oliver reported that TUMF fees would be discussed at the first Murrieta City Council meeting in January; construction on the Senior Citizens Center would begin soon; they were awaiting the December 2 funding decision on the new library; construction ora new Sam's Club would take place at Highway 215 and Murrieta Hot Springs Road; and the State of the City address would be November 21 at 8:00 a.m. at the Movie Experience. City of Temecula - Jim O'Grady reported that the John Husing Demographic Report would be presented to the Temecula city council in January and available on the City web site after approval; the public hearing on TUMF fees would be held November 26; the presentation on Murrieta Creek improvements by the Flood Control District would be held at the November 23 council meeting; and the widening of the bridge on Rancho California over Murrieta Creek was delayed due to litigation. Mr. O'Grady also reported that they had toured the Harveston development, most grading had been completed and they would start selling lots in the spring. Elsinore Valley Chamber of Commerce -No report available. Murrieta Chamber of Commerce - Rex Oliver reported that the Business Expo would be held that evening in the Lowe's parking lot; the expanded Community Resource Guide would be available next week; and their membership had reached 768 - a 47% increase in the past 15 months. Temecula Valley Chamber of Commerce - No report available. · Economic Alliance Update - Stevie Field reported on the Economic Development Conference that she recently attended and recommended that our survey information be shared on our web site. Adjournment - The meeting adjourned at 10:10 a.m. January 9, 2003 Jim O'Grady City of Temecula PO Box 9033 Temecula, CA 92589-9033 RE: Activity Summmy - December 2002 Business and Workforce Development Staff responded to the following business and workforce development requests in December 2002: · A meeting with a client for job search assistance. Staff provided the client with a tour of the Workforce Development Center and job search capabilities. Client was referred by Lori Moss, City of Murrieta. (12/3) · A phone request for site search and funding assistance to develop a multi-purpose venue for speedway motorcycle racing. Staff provided some general information and referred the client to Marlene Best, City of Lake Elsinore, to discuss the proposed development. (12/4) · A phone request for funding and information to start a janitorial business. Staffmailed a Business Resource Guide and information packet to the client that included EDC preferred lenders. (12/5) · An email request for relocation information from a Vista, CA company that operates exclusive leisure and golf tours to Southern Africa. The client requested help to find 600- 800 square-feet of office space in Temecula for three employees. Staff provided information on available offices, city licensing, and referred the client to Stevie Field, SWRC Economic Alliance. (12/9) · An email request for assistance to find commercial property for lease of approximately 1,000-1,500 square feet that would accommodate a drive-thru espresso stand. The client lives in Spokane, WA is considering relocating to Temecula. Staff provided the client with contact information to EDC brokers and referred him to Stevie Field, SWRC Economic Alliance. (12/16) · An email follow-up with a client seeking employment in Southwest Riverside County. Staff previously assisted the client several months ago with contacts to secure employment in engineering / science / physicist environments. The client currently lives in Tacoma, WA and is employed with Boeing. (12/17) · An email request f~om Jim O'Grady, City of Temecula, to assist a client who would consider an office expansion in Temeeula. The company is a financial services software support firm in Vista, CA. The client anticipated growth of 150-200 employees in the next three years. Itc requested a breakdown of salaries in the Finance/Insurance/Real Estate industries. Staffmailed the client a 2003 Salary Guide by Robert Halflnt'l and other salary and business resource material. (12/26) Jim O'Grady City of Temecula Activity Summary - December 2002 Page 2 of 2 A phone inquiry fi.om a news writer with The Business Press who requested information on the region's tourism outlook for 2003. Staff provided contacts to City of Temecula, Southwest Riverside County Economic Alliance, Temecula Valley Chamber of Commerce, Lake Elsinore Valley Chamber of Commerce, Temecula Valley Winegrowers Association, and Pechanga Resort & Casino (12/26) A phone request fi.om a client in Riverside who requested current Temeeula population data and growth projections for the tourism industry. Staffreferred the client to links on the City of Temecula's website that included population and population estimates for 2010 and 2020. Staff referred the client to Gloria Wolnick, City of Temecula, Marlene Best, City of Lake Elsinore, and Alice Sullivan, Temecula Valley Chamber of Commerce relative to tourism. (12/30) An email request from a client who would consider moving to the region from Alaska to start a small business. The client requested information on start-up funding resources for a woman-owned business. Staff mailed an information/relocation packet to the client with contacts for the CDC Small Business Finance Corp. and Inland Empire Small Business Development Corp. (12/31) Community Outreach Staff attended the following meetings/events to promote or assist economic development efforts: · Temeeula Education in Partnership Committee (12/2) - Staff represents the EDC at montMy group meetings. The committee is currently working on school-to-business partnerships and youth work programs. · Business Retention Visit at Plant Equipment, Inc. (12/3) - Staff assisted in a business retention visit along with Jim O'Grady, Aaron Adams, Gloria Wolnick and Debbie Ubnoske. · SBA Meeting (12/4) - A meeting with Vicki Reynolds of the Small Business Administration, and staff fi.om the City of Temeeula, Temecula Chamber and EDC to discuss SBA lending programs and a loan fair. · Professional Women's Roundtable Meeting (12/5) - First Annual Unity Luncheon. Joan Sparkman, recipient of the first-ever Joan F. Sparkman "Power of Unity" Annual Award. · Murrieta-Temeeula Group (12/6) -A tourism and hospitality presentation by the Temecula Valley Chamber of Commerce. · Temeeula's State of the City Planning Meeting (12/12) · Workforee Development Center Ali-Staff Meeting (12/17) - Monthly WDC partner meeting hem to share information for greater workforce development in Southwest Riverside County. Business Retention · Business Relations Committee Meeting (12/5) - Visit and survey statistics were provided during a Business Relations presentation. See attached meeting minutes for discussion topics. Jim O'Grady City of Temecula Activity Stunmm~ - December 2002 Page 3 of 3 Administration/Organization · Strategic Planning Post Meeting (12/9) · EDC Board of Directors Meeting (12/19) - See attached meeting minutes for discussion topics. · Administration - Staff managed the daily operations of the EDC office; responded to two requests for EDC membership, coordinated post-event action items for the Strategic Planning Session, updated the EDC website, and emailed the following business development /community updates: 4th Annual Sacramento Venture Conference State Labor Commission update regarding salaries during vacation shutdown Support letter to state legislators for library funds for the proposed Murrieta and Temecula libraries RCTC public meeting announcement for two proposed transportation corridors in Southwest Riverside County Suppori letter to Riverside County Board of Supervisors for construction of Temecula's third l~gh City of T~fi~ecnla's announcement for enactment of the Transportation Uniform Mitig~tiofi ~ee This concludes the aet?f{y summary for December 2002. Should you have questions or need further detail, please call Ne tit 60tM5064. RespectfiO~y, Diane Sessi0~s Executive Director ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY BUSINESS RELATIONS COMMITTEE MEETING Thursday, December 5, 2002 - 9:00 a.m. Workforce Development Center, Executive Board Room 27447 Enterprise Circle West, Temecula, CA Committee Members Present: Carmen Hill, TriStaff Group Michael Lewin, Mirau, Edwards, Cannon, Harter & Lewin Lori Moss, City of Murrieta Rex Oliver, Murrieta Chamber of Commerce Paul Ramsey, Keeton Construction Diane Sessions, Economic Development Corporation .Guests: Glenn Eckles, Lake Elsinore Valley Chamber of Commerce Robert Johnson, City of Murrieta Chris Masino, CDM Group, Inc. Gloria Wolnick, City of Temecula Liz Yuzer, Economic Development Corporation Call To Order · Michael Lewin called the meeting to order at 9:10 a.m. Follow-up Action Reports · Hydro Flow Filtration - Rex Oliver would continue to work with Jeff Koupmeiners to provide needed information about earthquake retrofit. · Murrieta Development Corporation - Diane Sessions would continue her follow-up with Jeff Close regarding their insurance issues. Company Contact Reports · Guidant Corporation - Diane Sessions reported for Gary Youmans on his visit with Susan Norton, Vice President of Employee Development at Guidant Corporation in Temecula. They manufacture cardiovascular products at this site with 2,600 full time employees and 400 contract employees. Ms. Norton reported that 45% of their employees live in the TemeculafMurrieta area, with 15% in Lake Elsinore, 15% in Sun City/Menifee and 25% coming f~om San Diego, Orange or Los Angeles counties. The manufacturing operation moved to Temecula f~om the Bay Area because of the availability of land. Ms. Norton indicated that other advantages of this area included affordable housing, schools, workforce and quality of life while disadvantages were lack of higher education facilities and cultural activities, especially for singles. Their primary customers were cardiologists and other doctors, hospitals, and vascular suppliers around the world. Primary competitors were Johnson & Johnson, Medtronic, Boston Scientific and Abbott Laboratories. Their suppliers were located all over the country. Ms. Norton ranked Guidant Corporation as a medium business in the top 50% and indicated that sales were the same as in the past year. Decisions about expansion were contingent on a pending lawsuit. They were happy doing business in SW Riverside County. Ms. Norton indicated they hoped the economic environment would remain strong and the area would continue to provide good education and a skilled work force. · Plant Equipment - Diane Sessions reported on a visit to Plant Equipment in Temecula with Jim O'Grady, Grant Yates, Gloria Wolnick, and Deb Ubnoske in attendance. They met with Herb Torrens, Corporate Communications Manager, who explained that Plant Equipment provided public safety communications such as a new reverse 911 system for Temecula. Business Relations Committee Meeting Minutes - December 5, 2002 Page 2 of 3 In operation since 1968, they moved to Temecula from Orange County in 1981 because of land costs and access to the old Temecula Airport. Mr. Torrens indicated that advantages to the area included housing and the ability to attract workers. Their primary customers were Motorola, Verizon, Quest and direct sales to municipalities. They anticipated that large campuses and other 911 issues would eventually create larger markets. Mr. Torrens ranked their business as large and indicated they were in the top 10% with their primary competitor being Positron, a Canadian firrm Sales in the past year were up. They have 175 employees and most of them live in the Temecula/Murrieta area. Mr. Torrens indicated they had generator backup as contingency for electrical outages. They were happy doing business in SW Riverside County but added that affordable housing continued to be an important issue. Business Relations Presentation · Diane Sessions presented a PowerPoint presentation on Business Relations Committee visits from September 1995 to June 2002. Goal Progress Report · Michael Lewin announced that visits and phone interviews in the sixth month of the fiscal year were as follows: 27 visits ~ 3 points each + 33 phone interviews ~ 1 points each = 60 visits/calls G114 points YTD VISIT PHONE POINTS Goal 27 33 114 Actual 5 10 25 Variance -22 -23 -89 New Committee Assignments Michael Lewin indicated that assignments were not usually given in December due to the holidays. However, Lori Moss took ProTec and Rex Oliver took Excel Manufacturing. EDC News and Other Information · EDC Board Update - Diane Sessions reported that the regional strategic planning meeting was held November 15 and a meeting with the committee to discuss the next step was scheduled. She also repoi'ted that she had attended a meeting with Vicki Reynolds, Gloria Wolnick and Dennis Frank to discuss a SBA loan fair. · SWRCManufaeturers' Council - No report available. , Ci!y' Comlty & Chamber News - City of Lake Elsinore - No report available. City ofMurrieta - "Lori Mos~'r¢~o. rted that the Murrieta City Council had re-elected Jack van Haaster mayor for another year, road i~provement projects would continue in 2003; the City would reapply for library funds in March; gr~mldbreaking for the Senior Citizens Center would take place in the spring and "Snow Day in the Park" was scheduled for December 7. Business Relations Committee Meeting Minutes - December 5, 2002 Page 3 of 3 City of Temecula - Gloria Wolnick reported the next public meeting to discuss TUMF fees would be held January 14; plans for a 30,000 square-foot office building would go to the Planning Commission in January; information was distributed regarding the California Statewide Communities Development Authority which provides loans for development impact fees; and she also distributed a new tourism CD-ROM which was available on video. Eisinore Valley Chamber of Commerce - Glenn Eckles reported they would revamp their relocation and membership packages and would target new businesses to increase membership. He also reported that Winterfest would be held December 6 on Main Street. Murrieta Chamber of Commerce - Rex Oliver reported that the Business Expo was very successful with 108 exhibitors and they would hold two events next year; the video used for the State of the City presentation would also be used in relocation packets; beginning in January, Business Roundtables would be held every other month in various locations; the Chamber directory would be m~dled in another week; and the mixer scheduled for this evening would highlight the Boys and Girls Club. Temecula Valley Chamber of Commerce - No report available. · Economic Alliance Update - No report available. Adiournment - The meeting adjourned at 10:10 a.m. DRAFT ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY BOARD OF DIRECTORS GENERAL MEETING MINUTES Thursday, December 19, 2002 - 9:00 a.m. Workforce Development Center 27447 Enterprise Circle West, Temecula, CA DRAFT BOARD MEMBERS Ken Carlisle, Guidant Corporation Scott Crane, Southwest Healthcare System Mike Doblado, The Promenade in Temecula Stevie Field, SWRC Economic Alliance Dennis Frank, UCR Extension Keith Johnson, Mission Oaks National Bank Jim O'Grady, City of Temecula Rex Oliver, Murrieta Chamber of Commerce David Phares, D. L. Phares & Associates Greg Prudhomme, Kuebler, Prudhomme & Co. David Rosenthal, SWRC Manufacturers' Council Al Sabsevitz, Verizon Joan Sparkman, Temecula Valley Bank Nancy Wagner, Eastern Municipal Water District Gary Youmans, Community National Bank Roger Ziemer, Southern California Gas Company EDC STAFF Diane Sessions Liz Yuzer MEMBERS AND GUESTS Michael Connor, Mt. San Jacinto Community College CALL TO ORDER · Board President Dennis Frank called the meeting to order at 9:05 a.m. MINUTES · The Board reviewed the minutes of the November 14, 2002 Board of Directors Meeting. Motion was made by David Rosenthal, seconded by Al Sabsevitz and carried unanimously to approve the minutes of the November 14, 2002 Board of Directors Meeting as presented. FINANCIAL REPORT · The Board reviewed both the October 31, 2002 and November 30, 2002 Financial Reports. October's report showed total monthly revenues of $5,921, total expenses of $8,512 and total cash-in-bank of $74,069. November's report showed total monthly revenues of $6,560, total expenses of $7,021 and total cash-in-bank of $73,758. Motion was made by Scott Crane, seconded by David Rosenthal and carried unanimously to approve the October 31, 2002 and November 30, 2002 Financial Reports. NEW BUSINESS · Adopt Administrative Resolution #2002-02 - Conflict of Interest Policy: The Board reviewed the draft resolution. Diane Sessions reported the Conflict of Interest Policy was a standard organization policy in accordance with California Corporations Code. The Board agreed the Conflict of Interest Policy would be adopted annually and individually signed by each director. Motion was made by Joan Sparkman, seconded by Ken Carlisle and carried unanimously to adopt Administrative Resolution #2002-02 - Conflict of Interest Policy as presented. · Adopt Administrative Resolution #2002-03 - Confidentiality Policy: The Board reviewed the draft resolution and discussed the purpose of the policy. Board members agreed the Confidentiality Policy would be adopted each year and individually signed by each director. Motion was made by Joan Sparkman, seconded by Ken Carlisle and carried unanimously to adopt Administrative Resolution #2002-03 - Confidentiality Policy as presented. Economic Development Corporation of Southwest Riverside County Board of Directors Meeting- December 19, 2002 Minutes - Page 2 of 3 · 2003 Golf Tournament Update: Gary Youmans reported the 2003 golf tournament would be held June 9, 2003 at Temecula Creek Inn. He added that new contests were planned and new sponsorships were sought. · Ratify Golf Contract between EDC and Temecula Creek Inn: The Board reviewed the golf contract and noted the price per player at $48, not including food and beverage. Gary Youmans reported the fees at Temecula Creek Inn were lower than other bids. Motion was made by Jim O'Grady, seconded by David Rosenthal and carried unanimously to ratify the 2003 Golf Tournament contract with Temecula Creek Inn as presented. · Norco Naval Weapons Center Update: Joan Sparkman reported the Norco Naval Weapons Center was listed for closure or relocation in fall 2003, which would result in a sizeable loss of highly-skilled employees in technology jobs. Ms. Sparkman indicated she would schedule a tour of the facility in January for board members. The Board could then determine whether to take a position on the closure. Dennis Frank, Mike Doblado and Jim O'Grady agreed to represent the EDC on the tour. Stevie Field would represent the EDA. CONTINUING BUSINESS · Regional Strategic Planning Session: Diane Sessions distributed a draft summary of the SWOT analysis from the strategic planning session. She announced that a draft Strategic Plan would be presented at the January 16 board meeting. · Utilities Updates: The Gas Company - Roger Ziemer reported The Gas Company filed a Cost of Service with the Public Utilities Commission. If approved, a 7Yz % to 9V2 % increase in gas rates would result. Verizon - Al Sabsevitz reported the PUC would consider a proposed overlay or split for the 909 area code. The FCC was asked for a technology-based area code for cell phones which would free up a large number of telephone numbers for regular service. Mr. Sabsevitz reported that Verizon Wireless had a 30% growth in customers during 2002. Eastern Municipal ~Yater District - Nancy Wagner reported the California water supply would decrease to the 4.4 plan under the current water agreement. She added there was ample water but it would not be delivered to growth areas. Ms. Wagner also reported that EMWD would consider a rate increase due to water treatment costs. OPEN DISCUSSION · EDC Administrative Update: The Board reviewed the November 2002 Activity Summary submitted by Diane Sessions. · Economic Alliance Update: Stevie Field reported the new GIS system would be launched January 13. She also announced the Alliance would be a wine sponsor at the San Diego Bio-Corn Conference in March. · City, County and Chamber Updates: City of Lake Elsinore - Diane Sessions reported for Marlene Best that groundbreaking ceremonies would be held for Blue Lake Industrial Park and Pasadena Street Industrial Park; additional industrial development was being processed for several areas in the Central/l-15 area; traffic signals at Central and Collier and Riverside and Collier were under construction; issues related to the former K-MarffRegal Theater site had been resolved; an agreement was reached for development of the former Liberty back basin project; and residential development was proceeding on a rapid pace with over 800 single-family homes approved in 2002 as compared to 301 approved in 2001. City ofMurrieta - Rex Oliver reported that Council positions would remain the same in 2003; the City's engineering staff was moved to new offices; and several lawsuits are pending on land south of Murrieta Hot Springs Road. City of Temecula - Jim O'Grady reported that John Husing would present the updated demographic report to Council on January 14; new demographic information would be available on the city website; Council would consider similar TUMF fees as adopted by the County Board of Supervisors, city and school district representatives attended the library funding hearing in Sacramento; the City was on record to oppose the power lines proposed by SDG&E; Maxim Manufacturing would close their facility in February with the loss of 109 jobs; the Roripaugh subdivision was approved by Council with a proposed annexation of several hundred acres; and residents of Redhawk may reconsider annexation at a future election. Economic Development Corporation of Southwest Riverside County Board of Directors Meeting - December 19, 2002 Minutes - Page 3 of 3 · Lake Elsinore Valley Chamber of Commerce - No report available. Murrieta Chamber of Commerce - Rex Oliver announced The Business Press ranked the Chamber as 7t~ largest of 24 Riverside County chambers; Home-Based Business University would begin in January; new member directories were available; the reverse drawing event would be held March 26 at Pechanga; and a web-hased survey to members would begin soon. Temecula Valley Chamber of Commerce - Mike Doblado reported the Chamber would move into its new building on December 20; membership had grown to 1,400; and the Membership Appreciation event was held December 18. · SWRC Manufacturers' Council: David Rosenthal reported the Council's board elections would be held in January. He would no longer serve on the EDC Board of Directors. The Council's recent workshops were successful and more were planned. · Education Update: Mt. San Jacinto Community College - Michael Connor distributed the spring schedule. He reported there were budget challenges due to state budget cuts, but the college was committed to maintain quality education. The Board congratulated Joan Sparkman on her appointment as president of the MSJC Board of Trustees. Temecula Valley Unified School District - Dennis Frank reported on construction issues of the district's third high school. Joan Sparkman recommended the EDC send a letter to the County Board of Supervisors. Motion was made by Gary Youmans, seconded by Keith Johnson and carried to authorize Dennis Frank to write a letter of support to Riverside County Board of Supervisors for the immediate approval of grading permits to begin construction of Temecula Valley Unified School District's third high school. Stevie Field abstained. ADJOURNMENT At 10:25 a.m., motion was made by Gary Youmans, seconded by Joan Sparkman and carried unanimously to adjourn the board meeting. Respectively submitted by: Elizabeth Yuzer Phil Oberhansley Recording Secretary Board Secretary ECONOMIC ALLIANCE TO: FROM: DATE: SUBJECT: Marlene Best Jim O'Grady Assistant City Manager Assistant City Manager City of Lake Elsinore City of Temecula Stevie Field Manager, Business Development December 11, 2002 SOUTHWEST RIVERSIDE COUNTY MONTHLY MARKETING UPDATE Lori Moss Assistant City Manager City of Murrieta Dear Partners: Please consider this an update on the marketing activities for the Alliance as required in the Southwest Riverside County Marketing for Business Attraction Agreement. Leads A total of three leads were generated in the month of November. All three leads were direct contacts to the Alliance. A third meeting was held on Monday, December 9th with Bob Larson, and the medical device company we have been working with. I look lo.yard to providing a complete update at our January meeting. December A ance meetin.q It was agreed by all, that due to the holidays, the regular December Alliance meeting will be canceled. Our next meeting will be at 3:30 p.m., Wednesday, January 29, 2003. "Taste of Southwest Riverside County" Event 2003 As we have been discussing tentative dates for our 2003 event, I mentioned that the weekend of May 23-25 would be a good weekend to consider. The Storm baseball team is playing the Rancho Cucamonga Quakes on the 23rd, 24th and the 25th, which gives us flexibility in planning our itinerary. Although this is Memorial Day weekend, I believe that our guests will discover Southwest Riverside County is the perfect place to getaway for a nice long weekend. Please let me know of any questions or comments you may have regarding this recommendation. CuttinR Edqe Marketing Cutting Edge Marketing was not present at our meeting in November, however, the idea of "1-15 Tech Connection" was discussed. I am working with Cutting Edge to tweak this a bit. Please consider this branding idea as well as forward any of your own suggestions to me at your earliest convenience. In order to get some of our marketing projects under way, we must decide on our new branding idea. I am also recommending compiling a list of two or three suggestions and bringing it to the EDC Board for a vote. This will give us the maximum input from our business leaders. Please let me know your opinion on this. Regional Breakfast It was agreed that the next regional breakfast would be on January 23, 2003. After checking the price comparison with three different venues, I recommend hosting this event at the Temecula Creek Inn. I provided each Partner with a copy of the breakfast menu at the November meeting. Please provide me with any comments or feedback you may have on the venue no later than December 20th. A copy of the agenda will be forwarded to all partners no later than January 10th, As we will not be meeting in December, I will send updates via email to each Partner with information on this event as it develops. GIS Pablo and Anatalio provided the Alliance partners with a GIS training session on November 25th. During this session, the Alliance partners were able to ask any questions directly to the consultant and all change requests were made at that time. GIS Planning is waiting for one more piece of information, once that information is received, the site should be complete within a few days. Broker GIS Training Sessions It was decided at our November meeting that on behalf of the Alliance, I would organize and host a day of GIS training sessions for our area brokers. These sessions are scheduled for Thursday, December 12th. We will host one session in the morning and one session in the afternoon. Coffee and cookies will be provided. Alliance partners and/or representatives are welcome to attend. Consultants A decision has not yet been reached regarding business consultants for the Alliance. At this time, the only consulting opportunity has been with Bob Larson, formerly with Guidant. However, Bob has been gracious enough to extend his services pro bono to the Alliance. This item will therefore be tabled until the next Alliance meeting in January 2003. Please feel free to forward any questions to me on this matter. On an ongoing basis, I attend the following meetings: SWRC Manufacturer's Council Temecula/Murrieta Group Business Relations Committee SWRC EDC LE EDC 1-15-1 Partnership Meetings Economic Development meetings concerning the Southwest Riverside County region UCR Connect meetings If you need any additional information or have any questions, please contact me at (909) 600-6066. Sincerely, Stevie Field Manager, Business Development Copy: Brad Hudson Robin Zimpfer Belinda Graham Sarah Mundy Teresa Gallavan ECONOMIC ALLIANCE TO: FROM: DATE: SUBJECT: Bradley J. Hudson Assistant County Executive Officer Riverside County EDA Jim O'Grady Assistant City Manager City of Temecula Lori Moss Assistant City Manager City of Murrieta Marlene Best Assistant City Manager City of Lake Elsinore Stevie Field Manager, Business Development January 9, 2002 SOUTHWEST RIVERSIDE COUNTY MONTHLY MARKETING UPDATE Dear Partners: Please consider this an update on the marketing activities for the Alliance as required in the Southwest Riverside County Marketing for Business Attraction Agreement. Leads A total of one lead was generated in the month of December. This lead was a direct contact to the Alliance. January Alliance Meeting It was mentioned by one of the Partners that scheduling the Alliance meetings once every two months might be a better use of time. This would require that I email all Partners questions and updates on various projects and your responses would be critical. This would keep projects moving rather than waiting on making decisions every 30 days. Please let me know your opinion on this and I will schedule the next Alliance meeting accordingly. "Taste of Southwest Riverside County" Event(s) 2003 I would like to recommend that the Alliance host two Taste of Southwest Riverside County events, both before June 30th. Each would have a different purpose. The first event in May would be strictly for site selectors. I am confident that our local broker community would be able to assist us with a guest list, and I have some contacts with site selectors, which we will add as possible invitees. We could host this event as a one night, two-day getaway, to include golf, dinner and wine tasting as well as a very detailed tour of our region. I was thinking of May 16th and 17m, as this would provide Friday for business tours and a dinner in Wine Country that evening, with golf and fun on Saturday. Any comments or thoughts on this would be appreciated. I am confident that our broker community would be in full support of the idea as this gives them a chance to showcase available sites. The second event, I propose we host June 6th --8th. There are many benefits to th~hS weekend, such as the 20th Annual Balloon and Wine Festival as well as on Monday June 9 , the EDC golf tournament. Our guests could enjoy a day of business tours and a panel breakfast or lunch on Friday, followed by family fun at the festival on Saturday. We would invite guests to stay for the golf tournament on Monday, but would have a final count for that event a month prior to the event; otherwise checkout would be on Sunday. The only draw back to this weekend would be that the Storm Baseball Team would be away that weekend. We can however, schedule the panel breakfast or another function in Lake Elsinore. I am confident that our key to a successful guest list is strategic, aggressive marketing a few months prior to the event through public relations, radio and print advertising. Please let me know your thoughts on this, as it is time to start making date reservations and planning our strategy. Cuttinq Edqe Marketin,q I continue working with Cutting Edge on our web-site update. The site is coming along nicely. All text is the same, however the format has gone through definite improvements. It will provide current demographic information as well as be host to our GIS site. In the response form there will be questions as to the time frame the business decision maker is looking at for their relocation/expansion. This will help us qualify the leads. The site is user friendly and very informative, incorporating more of a high tech look yet staying consistent with the great use of colors and pictures. Our updated web site is set to make its debut on January 20th along with our GIS. I am also working with Cutting Edge on the postcard mailer that will be sent to site selectors and real estate professionals throughout the state announcing the launch of our GIS. We anticipate these to go out the week of February 3rd. I will provide a draft as soon as one is available. Quick turnaround time will be important. Keep your eyes on the press in the next few months, as we are working on a schedule of press releases and public relations promotions regarding several Alliance activities. There will be additions to this list as opportunities arise. For example; GIS summit, business tours and/or relocations and the branding campaign. If you have any additions or suggestions, please let me know. January -Launch of GIS and updated website February - MD&M presence, Regional Breakfast March - CalBIO sponsorship, CALED award (hopeful) April - Upcoming event and EDI graduation May - Site Selectors Event June - Business Decision Makers' Event Re,qional Breakfast The January 23r~ Regional Breakfast was postponed due to the City of Murrieta hosting a Broker Breakfast on that same date. I propose the following dates: February 4th February 6th Please let me know at you earliest convenience which dates work with your schedules. We will need to mail out invitations starting next week. GIS Our GIS site is finally complete! You can check out this site at www.gisplannin,q.net/swr until January 20th, at which time you can see it on our web site at www. swrco.com. As earlier stated, I am working with Cutting Edge to develop a postcard announcing its launch. We anticipate the postcard being mailed during the week of February 36. The Alliance hosted two broker-training sessions in December and both were very well attended. Currently, we have 26 area brokers registered on our GI$ and all are excited about its many capabilities. Consultants I continue to be approached by various consultants, all having excellent qualifications in various areas of marketing, business, biotech, and general technology. As a decision has not yet been reached on this issue, I will inform you via email of a project or opportunity in which a consultant would be a benefit. It will certainly be a benefit to the Alliance to have such experience on hand for various projects, leads and/or activities as well as the added credibility it lends to the Alliance as truly being an organization that can assist the business decision maker in several different areas. On January 9th, I met with Chris Binkley to discuss the Alliance Branding campaign. He had some fantastic ideas and will be sending over a proposal to develop a list of branding options that meets with the objective the Alliance had earlier established. CalBIO The Alliance was given the opportunity to be the wine sponsor for the upcoming CalBIO annual dinner in San Diego. The dinner will be March 10th at the convention center. BIOCOM organizes the annual statewide conference; CALBIO serves as a legislative and business forum for the California life science industry. Over 1,000 guests, most being in the biotechnology industry, are expected to attend. I have negotiated 8 tickets to attend the dinner, a 6 ft. table for displaying Alliance materials, a one-page ad in the program, recognition of Alliance contributions, during the dinner, on the invitations, and a one page flyer or item to be placed in each registration bag. I am currently pricing glasses that would include the Alliance name and website that can be placed at each place setting. I approached the Temecula Valley Winegrowers Association (TVWGA), with the opportunity to be co-sponsors and they have agreed to do so. As a result, we will be providing the TVWGA with two tickets to the dinner and they will also have mention on the invitation, table and pregrem. The TVWGA will also be allowed to provide one item for insertion into the registration bag. The TVWGA will provide the Alliance with a discounted price on the wine and will donate a case for each case purchased. We need a total of 400 bottles, 200 red and 200 white. Cuffing Edge and I are already working on the press opportunities to surround our presence in San Diego. We are looking to place ads, including editorial in the San Diego Tribune and San Diego Daily Transcript as well as our local press, if you have any additional ides or comments, please let me know. CALED On behalf of the Alliance, I will be submitting an application to CALED for the Awards For Excellence Program. Our application will be submitted in the categories of Economic Development Programs and/or Economic Development Promotions. I will keep you all posted on the progress. Please let me know if you are interested in assisting me with this application or have any comments or information you would like me to add. Trade shows On behalf of the Alliance, I am planning on attending the following trade shows: · Medical Design & Manufacturing February 19-21, 2003 Anaheim, CA · Westec (Manufacturing) March 24-27,22 Anaheim, CA · Corenet (Real Estate Executives) May 3-7, 2003 Toronto, Canada · Bio2003 (Biotechnology) June 22-25 Washington DC On an ongoing basis, I attend the following meetings: SWRC Manufacturer's Council Temecula/Murrieta Group Business Relations Committee SWRC EDC LE EDC I-15-1 Partnership Meetings Economic Development meetings concerning the Southwest Riverside County region UCR Connect meetings If you need any additional information or have any questions, please contact me at (909) 600-6066. Sincerely, Stevie Field Manager, Business Development Copy: Belinda Graham Debi Moore Teresa Gallavan 1-18-283 6:43PM FROM P. 2 T~MI~CULA VALLEY' FILM COUNCIL F.~e cutivc Director ~mny poulaon Thomas . $~u phelps Co-Preddent I~11~ Walkhxs Pa~W $1aton Ev~ Craig Maggie Alloa Judi Staa~s TEMECULA VAI.LEY FILM COUNCIL 'ACTIVITIES REPORT NOVEMBER 2002 OFFICERS & MEMBERS OF THE FILM COUNCIL: Pat Marfine~z, Executive Director; Sunny Thomas, CO-Presidcm; Steve Phelps, CO-President; Ellen Watk/ns, Vice Presidem; Patty Simon, Secretary/Treasure; Members~ Eve Craig and Judi SWats. THE BUSINESS OF THE FILM COUNCIL: Priority items for the' Film Council will continue: Monthly Mailing of the four color Post Card The new Web Site is still being implemented. We have changed our host and are having a professional photographer take pictures of the down town area Production guide is also waiting on the photographs of the down town area SUPPORT FOR THE TEMECULA.VALLEY INTERNATIONAL FILM & MUSIC FESTIVAL: · Film Council continues to take phone calls for the Festival. Film Festival will Be held September 10 through the 14, 2003 * Sponsorship solicitation are. in process. FILM COUNCIL INQUIRES: * (1) Film inquire for monorcross · (28) Phone Calls g-m~i! tvfc~pe.llet · www.temeculafilm.org 2863¢ Old Town. Froat St,* Suite 20lA * Temccula, CA 92590 "£honc 909-699-6267 * Fax 909-69g-2748 1-1~-203 ~:AAPM FROM TEMECULA VALLEY FILM COUNCIL F.,~ecu'6.ve Dh'e ct/~r Sum~y Poison Thomas Steve Phelps Go-Pr¢~dc~t Ellen watkins Vim Freedent P~tty Shton Judl Staats TEMECULA VALLEY FILM COUNCIL ACTIVITIES REPORT DECEMBER 2003 OFFICERS & MEMBERS OF TIlE FILM CO[~NCIL: Pat Martinez, ExeCutive Director; Sunny Thomas, CO-P~esidem; Steve Phelps, CO-President; EllenWatkins, Vice President; Patty Slaton, Secretary/Treasure; Members, Eve Craig and Judi Staats. THE BUSINESS OF THE FILM COUNCIL: Priority items for the Film' Council .will continue: Monthly Mailing of the four color Post Card The new Web Site is 50% completed. Photographs should be completed and implemented in January, 03. Production guide is also waiting on the photographs of the down town area and should be ready for print in January 03. SUP]PORT FOR THE TEMECULA VALLEY INTERNATIONAL FILM & MUSIC FES'IIVAL: * Film Council continues to take phone calls for the Festival. Film Festival will Be held September 10 through the 14, 2003 * Sponsorship solicitation are in process. FILM COUNCIL INQUIRES: · (6) .Film entry inquires for the Film Festival · (41) Phone Calls E.mail tvfc~pe.net · www,tem¢culafilm,org Town [;font St.- Suite 201A * Tcmeeula, CA 92590 * Phonc 909-699-6267 * Fttx 909 093-;~748 Savor The Southland',, inspire fond Co Headli With Glare Backyard Treasure By 1932, Mexican painter David Alfaro Siqueiros, a contemporary of Diego Rivera, was already well-known for his social realism murals. But for eight months of that year, he was a political refugee in Los Angeles with no place to display and sell his work--until film director Dudley Murphy allowed his Pacific Palisades home to be turned into a Siqueiros gallery of sorts. In turn, Murphy got a unique gift: Siqueiros painted Portrait of Mexico Today(one panel is pictured above) on the inside walls of a garden portico in Murphy's backyard. Protected from the elements for the past 70 years, it is the only intact Siqueiros mural in the United States. It's also now in the public domain. Dudng the past year, the entire portico was restored and installed just outside the Santa Barbara Museum of Art's State Street entrance. Unveiled in October, it will remain on permanent display. Don't miss the museum's February lectures about the mural and special exhibit of Latin Amedcan art, "Siqueiros Plusl," on display through March 2. 1130 State Street; (805) 9634364; www.sbmuseart.org. ---R.J. 68 Vino Ease The new Grapellne Wine Country Shuttle service escorts oenophiles throu~t Temecula In stylish, 20-plus-passenger vans. Tours Include scheduled stops at several wineries, and the Itlnera~ Is §exlble If the call of, say, Falkner's medot, Is too hard to resist. Jaunts, available on weekends and select holidays, begin In Temecula and at locations throughout the SoUthland. 111e cost Is $34 to $67 per person and includes a "passport" for discounts on tastings, food, and wine. (888) 8WINERY; www~ogrape.com. ~en Van Vechten JANUARY~FEBRUARY 200} I:ight Croat... Antiques Districts Old Towne Orange Founded in 1875, this bustling city cen- ter is a natural home to numerous blocks of antiques shops. Specialties range from American primitive and architectural salvage to fine European furniture and collectibles. Save your appetite for historic Watson Drugs & Soda Fountain, winch features Formica tables, Naugahyde booths, and a display of century-old cure-alls, or PJ.'s Abbey, a restaurant set in a gorgeous Victorian church. Stop by during the President's Day Weekend Antiques Faire, February 15-17.55freeway, exit Chapman Avenue and proceed west to Glassell StreeL (714) 538- 3581; www. oldtowneorange, net. Pomona's Antique Row You'll have fun exploring the basements in some of the early- 1900s buildings in this district, winch features furniture, vintage clottfing, and collectibles such as glass, toys, and military antiques. Vendors and collectors from all over par- ticipate in the bimonthly Collector's Street Faire, held the last Saturday of January, March, May, July, September, and November, from 8 A.M. to 3 P.M. 60 freeway, exit Garey Avenue and proceed north to Second Street. (909) 622-8484. Beaumont and Yucaipa These neighboring cities offer two dif- ferent shopping experiences. Beaumont's shops feature merchandise from 1940s California, a mix of countyd and "shabby chic," and collectibles. Several exits away, Yucaipa's shops face I- I0 and are not within walking distance of each other, so charm is not the area's strong suit. But for vintage fumitme, jewelxy, breweryana, and toys, it has a lot to offer. 1-10, exit Beaumont Avenue and proceed north to Sixth Street. (909) 845-9541. ldO, exit Yucaipa Boulevard. (909) 790-1841. 70 Historic Old Town Temecula · Wear a Stetson and Western boots to cruise this five-block district, once part of a stagecoach route. The antiques shops are located in and around historic build- ings from the 1800s, including an old jail cell, and feature a wonderful array of small items such as jewelry, books, and Victorian bric-a-brac and glass. During the Western Days celebration each spring, stagecoaches rattle along the streets and merchants dress in period cos- tames. 1-15, exit at Rancho California Road, then follow signs to Old Town/Front Street. (909) 676-5090; www. ternelinlccom/oldtownZ Carlsbad Village by the Sea Spend a sunny day exploring more than two dozen antiques shops interspersed with fountains, boutiques, and outdoor cafts. The fine furniture, books, toys, china, porcelain, and vintage garden items will take your breath away. Stop by on the first Sunday of May and November for the popular Carlsbad Village Street Faire, winch includes an- tiques, live music, and food booths. 1-5, exit Carlsbad Village Drive, head west to State Street and then north to Grand Avenue; shops are at the intersection of State Street and Grand Avenue. (760) 433-5598; www. gothere, com/California/ Carlsbad/antiques. htrn. North Palm Canyon Drive, Palm Springs This is the place for anyone who appre- dates the exotic and, in many cases, the one-of-a-kind. You'll find high-end Asian and Indian antiques, incredible original artwork, and midcentary mod- em fumituro. This trendy area is filled with inp eateries and is a delight to walk through, especially on the first Friday of each month, when the shops and res- taurants stay open late. 1-10 to Highway 111~Palm Springs, which becomes Palm Canyon Drive; shops are on North Palm Canyon Drive between Amado Road and Tachevah Drive. (800) 347-7746; www.palm-springs, org/shop, htm. Ullie Avenue, Summeriand If you love museum-quality an- tiques, French coanlry items, and fme fumitare, visit this charming seaside town near Santa Barbara. The antiques sold here are mostly high-quality "make a statement" items such as life-size alabaster busts of Napoleon, huge crystal chandeliers, and arointectural sal- vage from European mansions. Summerland offers about a dozen shops, many located in buildings from the late 1800s. Highway 101, Evans Street exit (northbound); Summerland exit (southbound; becomes Evans Street). (800) 563-6900, ext. 10; www. beachcalifornia, conffsummer, html. Historic Downtown Riverside Riverside's antiques row features 15 shops along a walkway. The merchan- dise is varied, with a slant toward Victoriana. Look for "shabby chic" and modern vintage furniture styles, as well as colorful citrus crate labels. February 7-9, the Riverside Dickens Festival features live entertainment, and, of course, antiques. 91 freeway, exit University Avenue (eastbound), proceed west to Lemon Street and then north to Mission Inn Avenue. (909) 683-7100; www. riversidecb.con~ '~. --Leanne Reese-DuPay J,~qUAP,¥/FEBRU~d~Y 2003 The Los Angeles Pottery Show Feb. 22-23--Stroll through more than 16,000 square feet of special exhibits from private col- lections and displays of American and European art pottery. Pasadena Conference Center, 300 E. Green St., Pasadena. (909) 864-1304. Ganealogical Jamboree and Family History Faire Feb. 28-Mar. /--Discover new tools for researching your family's history at the faire, which features speakers, exhibitors, software demonstrations, maps, books, and videos. Pasadena Conference Center, 300 E. Green St.. Pasadena. (818) 843-7247. INLAND EMPIRE AND THE DESERT Rbmide an~ ~m 8ernardino Counties Temecula Rod Run 2003 Feb. IS-16~Enjoy food, fun, and approximatoly 800 street rods and classic cars. Old Town, Temecula. (909) 6764718. Inhod Empire Auto Show Feb. 26-Mar. 2--This annual auto show features about 350 cars, tracks, and SUVs from 30 major domestic and foreign manufacturers, as well as a display of collectors' cars, concept vehicles, and racecars. Ontario Convention Center, 2000 Convention Center Way, Ontario. (800) 521-3833. Indian Wefts Desert Symphony Jan. II--From Russia With Love II. Feb. 27-- An Evening of Gershwin. 73000 Fzed Wafing Dr., Palm Desert (760) 340-2787. Annenborg Theater Feb. 4-5~-Forbidden Broadway. Feb. 14-1~- Forever Plaid. Feb. 27--The MeU'opolitan Opera Showcase. Palm Springs Desert Museum, 101 Museum Dr., Palm Springs. (760) 3254490. Temecula Valley Museum Through Jan. 25--"Gold Fever! Untold Stories of the California Gold Rush." 28314 Mercedes St., Temecula. (909) 694-6452. Palm Springs Deserl Museum Jat~ 22-Mar. 9---"Woven Worlds: Basketry From the Clark Field Collection." 101 Museum Dr., Pahn Springs. (760) 325-7186. Caftfornia Museum of Photography Feb. I-May 4---"Phices of Worship: Vernacular Churches in Houston and Los Angeles." 3824 Main St., Riverside. (909) 784-3686. Nortel Networks Palm Springs International Fftm Festival Jan. 9-20---The festival focuses on the best of international cinema, with screenings of more than 100 award-winning films from around the world. Various locations, Palm SplSngs. (760) 322-2930. 2003 Desert Plein Air: A Celebration of Outdoor Painting Jan. 19-26--Spectators are encouraged to watch the artists in action throughout the week in locations from the top of the Palm Springs Aerial Tramway to the produce fields of the Coacbella Valley and at every golf course, garden, resort, and desert-scape in between. Public exhibition and sale Jan. 25-26 at The River at Rancho Mirage. Various locations. (760) 564-1244. 23rd Annual Quilt Show Jar~ 3 l-Feb, l--Pmsentod by the Valley Quilters Guild, the show featores more than 100 quilts, as well as special exhibits and door prizes. Valley Wide Community Center, 901 W. Esplanade Ave., San laalnto. (909) 658-7637. Winter Barrel Tasting Feb. 1-2--Travel through Tcmccnia's wine country and taste wines paired with food at 15 participa6ng wineries. A two<lay ticket costs $65 per person. Temecula Valley. (800) 801-9463. Felt but' Because our miracle is on the inside... Our sleep technology is recognized by NASA, roved about by the media, extolled by over 25,000 medical professionals worldwide. Yet this miracle must be felt to b~ beUeved. While the thick, ornate pads that cover most matl~sses are nec- essary to keep the hard steel springs inside, they create a ham- mock effect outside~and cml actually cause pressure points. 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For free demo kit, call toll-free 1-800-676-0621 or fax 1-866-795-9367 91 DECEMBER 2002 VOL. 26. NO. 12 $4.00 ews AMERICA'S MOST-READ MAGAZINE FOR STATE AND REGIONAL ASSOCIATIONS People&Haces Karen Yrue, of the Dallas Chapter of the National Asso- ciation of Insurance Publisher's Letter Takingstockofwhatreallymatters. 4 'Rapid Response Form 5 Subscriptions and info the easy Way. Destination: Idaho, Montana & Wyoming Meeting planners will find great spaees ~ indoors and out in these three states. ~ Legal Matters How to improve your chances on a non-dues revenue project. Association Update News from state and regional associations and allied societies. Resource Directory A focus on convention centers. Calendar of Events 13 14 15 Upcoming industry gatherings V asso .on profo sio, ls. 16 FulI. Service MeetingReserts Much more than meeting space await~ planners at these resorts. 17 Meeting Strategies Making contacts really count by improving ydur networking skills. by Barbara Beckley From the Mexican border to Disneyland, the meeting opportunities through- out Southern California's Orange and San Diego Counties inland to the Palm Springs desert resorts are as endless as their sun-kissed landscapes. If your association likes to meet by the ocean, there are resorts and convention centers in all sizes at the water's edge. Mountain venues generate alpine energy, while the desert sizzles with inspiration and championship golf courses. Southern Califor- nia's wine region is ripe for fruitful meetings, while its theme parks ensure happy attendees and record turnouts. Leading-edge cuisine and nightspots, newly ex- panded convention centers and hundreds of new and stylishly renovated resorts and hotels dedicated to meetings and conferences keep the Southern California region high on the list of the nation's favorite meeting destinations. PRSRTSmPAID ANAHEIM: CENTRAL MEETING POINT U.S. POSTAGE The Anaheim Resort area comprises the Anahe~ Pem~it No. 271 I Convention Center, Disnsyland, Dlsney's California 85719 I Adventure, Downtown Disney and the Grand Cali- fornian Hotel. Free trolleys provide transportation among the hotels, convention center and attractions. (continued on page 28) Huntington Beach, known as "Surf CH," hosts the annual U.S. Open of Surfing'and Is home to the International Surf Museum. CALIFORNIA offers 393 guest rooms and 21,700 square feet of meeting and banquet space for groups of up to 800. Farther south in Dana Point, the new St. Regis Monarch Beach Resort of- fers 400 guest rooms and 30,000 square feet Of indoor meeting space, including a 12,000-square-foot ballroom. Outdoor function space totals 60,000 square feet. Additional Dana Point hotels with meeting facilities include the 346-room Laguna Cliffs Marriott Resort at Dana Point, with 55,000 square feet of meet- ing space including a 10,044-square- foot ballroom, a 2'376-square-foot learning center with tiered amphithe- ater seating and a projection booth, and 5,000 square feet of pool patio space. The 197-suite Doubletree Guest Suites/ Dana Point can accommodate groups of up to 100. The Blue Lantern Inn has executive meeting space. In San Clemente, Orange County's southernmost dty, hotels with small to mid-s'tzed meeting facilities include the San Clemente Inn, with meeting space for up to 150; the Holiday Inn/San Clemente, with meeting facilities for up to 100; the Doubletree Guest Suites, with space for meetings of up to 125; the Country Side Inn, with meeting fa- cilities for up to 250; and the Best West- em Casablanca Inn, with meeting space for groups of up to 80 people. Additional meeting space for groups of up to 350 people is available at the San Clemente Tennis Club & Courtside Restaurant. The San Clemente Commu- nity Center can accommodate groups of up to 300; the Pacific Golf Course can hold up to 200; and the Casa Romantica welcomes groups of up to 300 people. SAN DIEGO: RISING EXPECTATIONS With 2.6 million gross square feet, the recently expanded bayfront San Diego Convention Center is a focal point for association gatherings. Glass walls in the Sails Pavilion make the 90,000-square-foot, open-air, column- free area adaptable to numerous types of expos and association functions. The center offers 615,701 square feet of ex- hibit space; 72 meeting rooms totaling 204,114 square feet, including a 40,000- square-foot state-of-the-art ballroom; and 166,901 square feet of outdoor ter- race space. Lobby and registration space total 284,494 square feet. Addi- tional downtown convention space in- cludes the San Diego Concourse, with 75,207 square feet of renovated meeting The Tomecula area offers wine tastJngs and golf at the recently expanded Temecula Creek Inn. and exhibit space. The San Diego Civic Theatre next door offers 2,975 seats. Some of San Diego's top attractions welcome association gatherings. The San Diego Zoo offers behind-the-scenes events and tours, and a four-story meet- ing facility for groups of up to 250. The 2,200-acre San Diego W'fld Animal Park can create African safari events. Both the zoo and the animal park can accom- modate groups of 70 to 5,000 people. Sea World offers meeting and banquet rooms of varying sizes and special theme parties. The Sea World Pavilion and Hospitality Center has meeting space for up to 1,200 people. Harbor dinner cruises are offered by several operators, including Hornblow- er Yacht Charters, San Diego Harbor Ex- cursions and Charter Connection. The 19th-century ferry, Berkeley, offers meet- ings and events for up to 400. Theme parties can be held at the nearby Mira- mar Naval Air Station, either in the Offi- cers' ~Club or in the jet hangar, which can accommodate up to 5,000 people. Among the 14 museums and theaters available for special functions in Balboa Park, the Reuben H. Fleet Science Center has space for up to 2,500 people. The House of Hospitality offers six moms for groups of up to 1,200 and six outdoor patios suitable for up to 2,000 people. The San Diego Aerospace Museum can accommodate receptions of up to 2,000. Meetings and special events can also be held in the 3,000-seat Starlight Bowl the 1,500-seat Organ Pavilion and the Balboa Park Hospitality Center Complex. Huge gatherings can be staged at Qualcomm Stadium, with seating for up to 71,500 people, and the San Diego Sports Arena, which holds 10,500. Downtown San Diego is a mecca for b~:fidy meetings and nightlife. The ex- pansion continues at the 875-room Manchester Grand Hyptt/San Diego on San Diego Bay next to the convention center. A new 750-room tower and 86,000 square feet of additional meeting space are expected to open in mid-2003. Meanwhile, the Hyatt offers 45,500 square feet of flexible meeting space. Also next to the convention center, the 1,355-room San Diego Marriott Ho- tel & Marina offers 36 meeting rooms, with a total of 110,000 square feet of meeting and exhibition space for groups of up to 3,000, and a 395-slip marina. The 450-room Westin/San Diego is next to Horton Plaza, with 30,000 square feet of indoor and out- door meeting space. The Wyndham Emerald Plaza/San Diego has 436 guest rooms and 22,000 square feet of meeting space. The 261-room W Hotel is expected to open this month, with 4,600 square feet of new meeting space. Additional downtown hotels with meeting facilities include the 600-room Holiday Inn on the Bay at the Embar- cadero, with 22,000 square feet of meet- ing space; the 337-suite Embassy Suites/San Diego Bay (across from the bay and Seaport Village), with 4,500 square feet of meeting space; and the 99- room Ramada Inn & Suites/Gaslamp, with meeting space for up to 450. The 333-room Radisson Harbor View offers meeting space for up to 250 people. The 223-room Westgate Hotel offers 14 meeting rooms for up to 250 people. The historic 280-room U.S. Grant (Wyn- dham) Hotel has 33,000 square feet of meeting space, in the Gaslamp Quarter, the 312-room Clarion Hotel Bay View can accommodate groups of up to 350; the 132-room Horton Grand has 8,500 square feet of meeting space; and the Bristol Hotel offers 102 guest rooms and meeting space for up to 300, in- cluding the 5,100-square-foot Starlight Ballroom with a retractable roof. The newly expanded Hilton/San Diego Gaslamp Quarter, located across the street from the convention center at the entrance to the Gaslamp Quarter, has 253 guest rooms and 7,000 square feet of meeting space. The 246-room Courtyard by Marriott/San Diego' Downtown offers meeting space for up to 120 people. The 147-room lnnSuites Hotels/San Diego Balboa Park can ac- commodate groups of up to 400. THE BIG BAY: BLUE HEAVEN Across the bay, the Coronado Penin- sula lures association gatherings with celebrated hotels and dramatic city CALIFORNIA meeting space for up to 300 people. The 133-room Pala Mesa Resort, in Fall- brook, offers 17,600 square feet of in- door meeting space and 200 acres of outdoor space. TEMECULA: WINNING WINE COUNTRY Just north of Fallbrook is the verdant Temecula wine valley. Among Temecu- la's 17 wineries, the Thornton Winery welcomes meetings and spedal events with inside meeting space for up to 80 people and outdoor space for up to 350. The newly renovated and expanded Temecula Creek Inn now offers 130 guest rooms and more than 9,000 square feet of meeting space, including the new 4,000-square-foot Yula Ballroom. The new outdoor Players Plaza is suitable for breaks and pre-function activities, while the 180-year-old "Stone House," tucked amid the resort's 27-hole cham- pionship golf course, is ideal for brain- storming sessions for up to 35 people. New hotels with meeting space in- dude the 522-room Pechanga Resort & The Palm Springs Aerial Tramway takes passen- gers in revolving cable cars to Mt. San Jaclnto. Casino, with seven restaurants, an 85,000-square-foot casino and meeting and exhibit space totaling 40,000 square feet. The new Inn at Churon Winery features 22 guest rooms and conference space for small gatherings. Additional Temecula hotels with meeting space in- Clmle/25 on Rapid Response Form clude the 176-suite Embassy Suites/ Temecula, with 3,200 square feet of meeting space. The 90-room Days Inn and the 70-room Ramada Inn each pro- vide 500 square feet of meeting space. The Temecula Meeting Center has facil- ities for up to 90 people. PALM SPRINGS DESERT RESORTS: A MEETINGS OASIS Championship golf, sophisticated living and lavish resorts with meeting facilities make the eight cities of the Palm Springs Desert Resorts ideal meetings destinations. The Palm Springs Convention Center, in the heart of Palm Spr'mgs, has 77,000 square feet of meeting space, 66,000 square feet of exhibit space, 13,000 square feet for smaller meetings, a 435-seat auditori- um and 50,000 square feet of outdoor event space. The convention center is connected to the 410-room Wyndham/ Palm Springs, which offers an addition- al 25,000 square feet of indoor meeting space, a 60,000-square-foot courtyard and a 160-seat amphitheater with views of the San Jacinto Mountains. Hotels within walking distance of the convention center include the 260- room Hilton Palm Springs Resort, with 18 meeting rooms for up to 768 people; the 165-room Palm Springs Marquis Conference Center & Resort, with 30,000 square feet of meeting and ex- hibit space and two acres of outdoor event space; the 192-room Hyatt Re- gency Suites, with meeting space for up to 225; and the 230-room Spa Hotel & Casino, with meeting space for groups of up to 250 people. Additional Palm Springs hotels with meeting fadlities include the 480- room Palm Springs Riviera Resort & Racquet Club, with 50,000 square feet of meeting space for up to 2,000 peo- ple. The 98-room Merv Griffin's Resort Hotel & Givenchy Spa offers 5,500 square feet of meeting space and a two-story Grand Suite that can be used for executive retreats. Other Palm Springs hotels with meeting facilities include the 100-room Inn at the Rac- quet Club, with space for up to 450 people; the 124-room Shilo Inn, with meeting space for up to 60; and the 122-room Holiday Inn Palm Mountain Resort, with meeting space for up to 150 people. For smaller gatherings, the re- vamped Estrella Inn has 74 guest rooms and new meeting space for up to 75 people. The Willows, a historic 1920s Palm Springs mansion, offers eight luxurious guest rooms and con- ference space for small groups. The ASSOCIATIONNEW$.COM Ontario Ontario tions still stand such as all of the music and singing is performed live, just as it was in the 1920's. Another unique aspect of the Gates open at noon with enter- tainment and pre-show activities continuing until the 3:30pm show- time. Tickets range from $21-$25 Temecula's 17th Annual Rod Run, 2003, Feb 15-16. Old Town Temecula trembles and roars with the sounds from 800 classy chassis Ramona Pageant is the cast - nearly 400 volunteers of all ages gather yearly to make the Pageant a reali- ty. Some individuals have been involved with the show for 30, 40, and even 50 years. Many local fam- ilies have participated in the Pageant for three or four generations. To add to the fun, a Mercado has been added-a marketplace filled with folk music, Spanish and Indian dancing, historical talks, artisans displaying their crafts, refreshments and relaxing views under shaded verandas. SAN BERNARDINO KOA 1707 Cable Canyon Rd., San Bernardino, CA, 92407 800-562-4155 wW'.N.San Ber nardiaoKOA.com TEMECULA/RANCHO CALIFORNIA LAKE SKINNER COUNP/ LAKE SKINNER RECREATION AREA 6040 acres. 300 campsites (200 with hook-ups,) fish- ing, boating, hiking/aquestrian, camp store, cafe, mari- na, launch ramps and group areas. Pool open Memorial Day to Labor Day. Located 10 miles NE of Temecula. 909-926-1541. Reservations: 800-234-7275. IVAIL LAKE RESORT See ad in this section VICTORVILLE Victorville, CA. 760-245-2226 Y'UCAIP.~ IYUCAIPA REGIONAL PARK 26 RV sites, 13fully serviced 33900 Oak Glen Road, Yucaipa, CA. 909-790-3127. Wi.mr 700?/200 and packages that include meals and a tour are available. The Ramona Bowl Amphitheatre is located at 2740 Ramona Bowl Road, Hemet. 909-658-3111 or 800-645-4465 or visit www. ramonapageant .eom Temecula Valley - Winegrowers Winter Barrel Tasting, Feb 1-2. Visit each of the valley's 15 wineries for a fun filled day of wine tasting. Enjoy meeting wine makers and sampling the and street rods. The streets of Old Town are lined with hot rods, mus- cle cars, street rods and vintage autos-many of the vehicles have values exceeding $100,000. Hours are 9am-4pm. 909-676-4718 Old Town Temecula Bluegrass Festival, Mar 22-23. Bluegrass bands from Southern California and Arizona join in a weekend of pick- lng, grinning and good time fiddle playing. Hours are 10am-5pm, event is free. 909-694:6412 COLTON I ACACIA R.V, Pen~ormance Center RV PARTS · REPAIR · SERVICE All Chassis & Coach Electrical & Plumbing area's food samples. Cost is $65 per . GE#E~C person, and the event hours are 10am-4:30pm. 800-801-9463 ~ ~1 o1=~°~ ~ I ' ~euded Wa~nti. FOR YOUR MOTORHOME OR TRUCK. MANDREL PIPE UP TO 5 INCHES SALE aANKS OVERDRIVES, UNDERDRIVES PAC BRAKE 22 YEARS EXPERIENCE "WE'LL BEAT ANYBODY'S PRICESI" 5195 G STREET, CHINO, CA 91710 77 [] TIMATE and emerging painters who utilize a repre- sentational style, and a smattering of small sculptures, MJW has developed into an alluring venue for resident and visiting col- lectors alike. The roster of artists, most of whom use a vibrant colorful palette, includes luminaries such as Randall Lake, Ken Auster, Zoe Hadley, Julia Bauernfeind and Joseph Paquet. 209 Marine Ave., Balboa Island, (949) 673-4255. The Sarah Bain Gallery is located in the hip new Birch Street Promenade district of Brea, and exhibits an eclectic assortment of emerging and established artists, several of whom boast degrees from the Savannah College of Art and Design. Among those represented are Nick Agid, Deborah David- son, Mary Zarbano, Gerard Bourgeois and Maggie Toole. 110 W. Birch St., Suite B-2, Brea, (714) 255-1447. Since 1980, the City of Brea Gallery has presented group and themed art exhibits at the Brea Civic and Cultural Centre. Five exhibits a year include an annual juried competition, an annual exhibit of the National Watercolor Society, and several contemporary and educational exhibitions. In conjunction with each exhibit, the gallery offers educational programs and art workshops for children, as well as lectures and demonstrations for adults. 1 Civic Center Circle, Brea, (714) 990-7730. The Eileen Kremen Gallery is a veteran of the county art scene, with its long-standing reputation for specializing in quality contemporary craft works. This is the requisite destination for collectors of kaleidoscopes, available in a truly astonish- ing range of style, shapes and sizes. 619 Harbor Blvd., Fullerton, (714) 879-1391. The Anderson Gallery, located unex- pectedly in the heart of the north county beach scene, specializes in Mexican Masters and Southern California regional scene painters such as Milford Zornes. 16812 Pacific Coast Hwy., Sunset Beach, (562) 592-4393. The Cypress College Photography Gallery is headed by acclaimed photo-artist Jerry Burchfield, and throughout the acad- emic year features a series of contemporary photography exhibits, many on the experi- mental edge. 9200 Valley View St., Cypress, (714) 484-7133. The Santora Arts Complex is a refur- bished historic building in the heart of the Artist Village in Santa Aha which houses Santa Aha College's annex exhibition space, and a truly eclectic variety of galleries with a strong representation of ethnic regions. Nearby is Cai State Fullerton's Grand Cen- tral Art Center. 207 N. 'Broadway, Santa Ana, (714) 564-5605. ~ WHERE ORANGE COUNTY 39 SPORTS MUSBUMS 90 WHERE SAN DIEGO